The State of Minnesota has enacted a law regulating perfluoroalkyl and polyfluoroalkyl substances (PFAS) and heavy metals in several types of products. The requirements relating to PFAS will be implemented in different stages, beginning 1 January 2025.

On 24 March 2023, the Governor of Minnesota signed bill (HF 2310) into law (Minnesota Session Law, Chapter 60). The law sets the ban on perfluoroalkyl and polyfluoroalkyl substances (PFAS) and includes restrictions on lead and cadmium in various products.

The new law sets the PFAS ban in different implementation stages:

● Starting 1 January 2025, intentionally added PFAS in specific products (e.g., carpets and rugs, juvenile products, etc.) will be prohibited.

● On or before 1 January 2026, the manufacturer of products containing intentionally added PFAS will be required to submit a notification that includes product reporting requirements to the state’s Pollution Control Agency (PCA) commissioner. Such products will be prohibited from being sold, offered for sale or distributed if a manufacturer fails to disclose the required information and there may be a fee imposed.

● Starting 1 January 2032, the other products containing intentionally added PFAS will be banned, unless the PCA commissioner has determined the use of PFAS is unavoidable.

In addition to PFAS, the law expands the scope of heavy metals (lead and cadmium) restrictions in certain products including toys, jewelry, clothing and footwear. At the same time, the new law repeals provisions in relation to “lead in jewelry” and “cadmium in children’s jewelry” falling under the 2022 Minnesota Statutes Section 325E.389 and 325E.3891, respectively.

The highlights of the new law are listed in the below table.

Source:

https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/60/ 

https://www.revisor.mn.gov/statutes/cite/325E.3891

https://www.revisor.mn.gov/statutes/cite/325E.389

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