Registration will be cancelled for any pesticide products containing intentionally added PFAS from the 11 product categories (carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture) beginning January 1, 2026. If a registrant would like their products to be evaluated for a Currently Unavoidable Use (CUU) determination, the MDA requests they provide the necessary information well in advance of that time (preferably 6 months in advance). The products will be evaluated in the order the request for CUU determination is received.
All other pesticides products as well as fertilizers, soil and plant amendments, and agricultural liming products are required to annually provide a statement that their product does not contain intentionally added PFAS beginning in 2026.
Registration will be cancelled for any pesticide products containing intentionally added PFAS from the 11 product categories (carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture) beginning January 1, 2026. If a registrant would like their products to be evaluated for a Currently Unavoidable Use (CUU) determination, the MDA requests they provide the necessary information well in advance of that time (preferably 6 months in advance). The products will be evaluated in the order the request for CUU determination is received.
All other pesticides products as well as fertilizers, soil and plant amendments, and agricultural liming products are required to annually provide a statement that their product does not contain intentionally added PFAS beginning in 2026.
According to the new legislation: Unless the commissioner of Agriculture determines that the use of intentionally added PFAS is a currently unavoidable use the MDA is directed to:
- not register a cleaning product that contains intentionally added PFAS beginning January 1, 2026; and
- not register any pesticide product, fertilizer, soil and plant amendment, or agricultural liming product that contains intentionally added PFAS beginning January 1, 2032.
According to the new legislation: Unless the commissioner of Agriculture determines that the use of intentionally added PFAS is a currently unavoidable use the MDA is directed to:
- not register a cleaning product that contains intentionally added PFAS beginning January 1, 2026; and
- not register any pesticide product, fertilizer, soil and plant amendment, or agricultural liming product that contains intentionally added PFAS beginning January 1, 2032.
The MDA will allow pesticide registrants to use the usual discontinuation process (Minn. Stat. 18B.26 Subd. 6) for products containing intentionally added PFAS provided the process is initiated with enough time for the product to be in full cancellation status by the appropriate deadline. If no information is submitted for products with intentionally added PFAS they will go into cancellation status upon reaching the applicable timeline.
The MDA will allow pesticide registrants to use the usual discontinuation process (Minn. Stat. 18B.26 Subd. 6) for products containing intentionally added PFAS provided the process is initiated with enough time for the product to be in full cancellation status by the appropriate deadline. If no information is submitted for products with intentionally added PFAS they will go into cancellation status upon reaching the applicable timeline.
In accordance with the Pesticide Registration Law (Minn. Stat. 18B.26 subd 1(c)), applicators who purchase products, which have had their state registration cancelled, can continue to use these products in accordance with label directions for a period of two years following the cancellation.
In accordance with the Pesticide Registration Law (Minn. Stat. 18B.26 subd 1(c)), applicators who purchase products, which have had their state registration cancelled, can continue to use these products in accordance with label directions for a period of two years following the cancellation.
To the extent possible, the MDA will use jointly (with Minnesota Pollution Control Agency) determined criteria to determine if the use of intentionally added PFAS in pesticide and fertilizer products is currently unavoidable. However, Minnesota Pollution Control Agency(MPCA) will follow rulemaking on currently unavoidable use which may lead to MPCA having different criteria when rulemaking is complete (goal: early 2026). After the MDA makes a determination, the agency may consult with the MPCA on the potential continued use of certain products.
To the extent possible, the MDA will use jointly (with Minnesota Pollution Control Agency) determined criteria to determine if the use of intentionally added PFAS in pesticide and fertilizer products is currently unavoidable. However, Minnesota Pollution Control Agency(MPCA) will follow rulemaking on currently unavoidable use which may lead to MPCA having different criteria when rulemaking is complete (goal: early 2026). After the MDA makes a determination, the agency may consult with the MPCA on the potential continued use of certain products.