Last week, Minnesota Governor Tim Walz (D-MN) signed one of the nation’s strictest laws (HF 2310) regulating the use of per- and polyfluoroalkyl substances (PFAS) in consumer products. Similar to the state of Maine, the new law requires manufacturers to submit detailed reports on products containing PFAS to the Minnesota Pollution Control Agency beginning in 2026, while banning the sale all products with PFAS by 2032. This was enacted as part of a larger $670 million environmental omnibus bill that advanced through the Minnesota Legislature in recent months and represents the most prominent example of Maine’s PFAS regulations being used as model framework for larger states to adopt. While there will be an extensive rulemaking process over the next two years that is likely paired with a legislative effort to delay and modify the PFAS provisions in Minnesota, WDMA members should internally investigate their own use of PFAS to make a determination about whether Minnesota’s new law applies to their products.
Below are important dates from Minnesota’s HF 2310 that could affect WDMA members.
- January 1, 2025 – The following products are banned from being sold in Minnesota if they contain PFAS: carpets or rugs; cleaning products; cookware; cosmetics; dental floss; fabric treatments; juvenile products; menstruation products; textile furnishings; ski wax; or upholstered furniture.
- January 1, 2026 – Manufacturers of consumer products with PFAS must submit reports to Minnesota Pollution Control Agency.
- January 1, 2032 – A person may not sell, offer for sale, or distribute for sale in Minnesota any product that contains intentionally added PFAS, unless the commissioner has determined by rule that the use of PFAS in the product is a currently unavoidable use. The commissioner may specify specific products or product categories for which the commissioner has determined the use of PFAS is a currently unavoidable use.
In consideration of recent developments in Maine and Minnesota, WDMA is hosting a session on PFAS laws and regulations during the Technical & Manufacturing Conference in Minneapolis from June 27-29, 2023.
WDMA members with questions may contact Jacob Carter, WDMA’s Director of Government Affairs, at [email protected].
