1.1 A bill for an act
1.2 relating to environment; exempting commercial and industrial products from certain
1.3 PFAS restrictions; modifying PFAS reporting requirements; amending Minnesota
1.4 Statutes 2024, section 116.943, subdivisions 1, 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 116.943, subdivision 1, is amended to read:
1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
1.8the meanings given.
1.9 (b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.
1.10 (c) "Air care product" means a chemically formulated consumer product labeled to
1.11indicate that the purpose of the product is to enhance or condition the indoor environment
1.12by eliminating odors or freshening the air.
1.13 (d) "Automotive maintenance product" means a chemically formulated consumer product
1.14labeled to indicate that the purpose of the product is to maintain the appearance of a motor
1.15vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior
1.16or interior surfaces of motor vehicles. Automotive maintenance product does not include
1.17automotive paint or paint repair products.
1.18 (e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.
1.19 (f) "Cleaning product" means a finished product used primarily for domestic, commercial,
1.20or institutional cleaning purposes, including but not limited to an air care product, an
1.21automotive maintenance product, a general cleaning product, or a polish or floor maintenance
1.22product.
1Section 1.
25-03968 as introduced02/17/25 REVISOR CKM/KR
SENATE
STATE OF MINNESOTA
S.F. No. 2164NINETY-FOURTH SESSION
(SENATE AUTHORS: EICHORN and Howe)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/06/2025
Referred to Environment, Climate, and Legacy 2.1 (g) "Commissioner" means the commissioner of the Pollution Control Agency.
2.2 (h) "Cookware" means durable houseware items used to prepare, dispense, or store food,
2.3foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills,
2.4baking sheets, baking molds, trays, bowls, and cooking utensils.
2.5 (i) "Cosmetic" means articles, excluding soap:
2.6 (1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise
2.7applied to the human body or any part thereof for the purpose of cleansing, beautifying,
2.8promoting attractiveness, or altering the appearance; and
2.9 (2) intended for use as a component of any such article.
2.10 (j) "Currently unavoidable use" means a use of PFAS that the commissioner has
2.11determined by rule under this section to be essential for health, safety, or the functioning
2.12of society and for which alternatives are not reasonably available.
2.13 (k) "Fabric treatment" means a substance applied to fabric to give the fabric one or more
2.14characteristics, including but not limited to stain resistance or water resistance.
2.15 (l) "Intentionally added" means PFAS deliberately added during the manufacture of a
2.16product where the continued presence of PFAS is desired in the final product or one of the
2.17product's components to perform a specific function.
2.18 (m) "Juvenile product" means a product designed or marketed for use by infants and
2.19children under 12 years of age:
2.20 (1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper;
2.21booster seat; changing pad; child restraint system for use in motor vehicles and aircraft;
2.22co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant
2.23seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing
2.24pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow;
2.25portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable
2.26crib; stroller; and toddler mattress; and
2.27 (2) not including a children's electronic product such as a personal computer, audio and
2.28video equipment, calculator, wireless phone, game console, handheld device incorporating
2.29a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit,
2.30or power cord; or an adult mattress.
2.31 (n) "Manufacturer" means the person that creates or produces a product or whose brand
2.32name is affixed to the product. In the case of a product imported into the United States,
2Section 1.
25-03968 as introduced02/17/25 REVISOR CKM/KR 3.1manufacturer includes the importer or first domestic distributor of the product if the person
3.2that manufactured or assembled the product or whose brand name is affixed to the product
3.3does not have a presence in the United States.
3.4 (o) "Medical device" has the meaning given "device" under United States Code, title
3.521, section 321, subsection (h).
3.6 (p) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
3.7fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
3.8 (q) "Product" means an item manufactured, assembled, packaged, or otherwise prepared
3.9for sale to consumers, including but not limited to its product components, sold or distributed
3.10for personal, or residential, commercial, or industrial use, including for use in making other
3.11products.
3.12 (r) "Product component" means an identifiable component of a product, regardless of
3.13whether the manufacturer of the product is the manufacturer of the component.
3.14 (s) "Ski wax" means a lubricant applied to the bottom of snow runners, including but
3.15not limited to skis and snowboards, to improve their grip or glide properties. Ski wax includes
3.16related tuning products.
3.17 (t) "Textile" means an item made in whole or part from a natural or synthetic fiber, yarn,
3.18or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose,
3.19nylon, and polyester.
3.20 (u) "Textile furnishings" means textile goods of a type customarily used in households
3.21and businesses, including but not limited to draperies, floor coverings, furnishings, bedding,
3.22towels, and tablecloths.
3.23 (v) "Upholstered furniture" means an article of furniture that is designed to be used for
3.24sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling
3.25material.
3.26 Sec. 2. Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:
3.27 Subd. 2.Information required.(a) On or before January 1, 2026 2028, a manufacturer
3.28of a product sold, offered for sale, or distributed in the state that contains intentionally added
3.29PFAS must submit to the commissioner information that includes:
3.30 (1) a brief description of the product, including a universal product code (UPC), stock
3.31keeping unit (SKU), or other numeric code assigned to the product;
3Sec. 2.
25-03968 as introduced02/17/25 REVISOR CKM/KR 4.1 (2) the purpose for which PFAS are used in the product, including in any product
4.2components;
4.3 (3) the amount of each PFAS, identified by its chemical abstracts service registry number,
4.4in the product, reported as an exact quantity determined using commercially available
4.5analytical methods or as falling within a range approved for reporting purposes by the
4.6commissioner;
4.7 (4) the name and address of the manufacturer and the name, address, and phone number
4.8of a contact person for the manufacturer; and
4.9 (5) any additional information requested by the commissioner as necessary to implement
4.10the requirements of this section.
4.11 (b) With the approval of the commissioner, a manufacturer may supply the information
4.12required in paragraph (a) for a category or type of product rather than for each individual
4.13product.
4.14 (c) A manufacturer must submit the information required under this subdivision whenever
4.15a new product that contains intentionally added PFAS is sold, offered for sale, or distributed
4.16in the state and update and revise the information whenever there is significant change in
4.17the information or when requested to do so by the commissioner.
4.18 (d) A person may not sell, offer for sale, or distribute for sale in the state a product
4.19containing intentionally added PFAS if the manufacturer has failed to provide the information
4.20required under this subdivision and the person has received notification under subdivision
4.214.
4Sec. 2.
25-03968 as introduced02/17/25 REVISOR CKM/KR