Introduction - 94th Legislature (2025 - 2026)
Posted on 03/05/2025 12:25 p.m.
A bill for an act
relating to environment; allowing the presence of perfluoroalkyl and polyfluoroalkyl
substances in safety-related items and clothing used by juveniles operating
all-terrain vehicles or dirt bikes; amending Minnesota Statutes 2024, section
116.943, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
new text begin
This act shall be known as the "Preserving Outdoor Youth Sports Act."
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 116.943, subdivision 5, is amended to read:
(a) Beginning January 1, 2025, a person may not sell, offer for
sale, or distribute for sale in this state the following products if the product contains
intentionally added PFAS:
(1) carpets or rugs;
(2) cleaning products;
(3) cookware;
(4) cosmetics;
(5) dental floss;
(6) fabric treatments;
(7) juvenile productsnew text begin , except as provided in paragraphs (e) and (f)new text end ;
(8) menstruation products;
(9) textile furnishings;
(10) ski wax; or
(11) upholstered furniture.
(b) The commissioner may by rule identify additional products by category or use that
may not be sold, offered for sale, or distributed for sale in this state if they contain
intentionally added PFAS and designate effective dates. A prohibition adopted under this
paragraph must be effective no earlier than January 1, 2025, and no later than January 1,
2032. The commissioner must prioritize the prohibition of the sale of product categories
that, in the commissioner's judgment, are most likely to contaminate or harm the state's
environment and natural resources if they contain intentionally added PFAS.
(c) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale
in this state 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. The
commissioner may not determine that the use of PFAS in a product is a currently unavoidable
use if the product is listed in paragraph (a).
(d) The commissioner may not take action under paragraph (b) or (c) with respect to a
pesticide, as defined under chapter 18B, a fertilizer, an agricultural liming material, a plant
amendment, or a soil amendment as defined under chapter 18C, unless the commissioner
of agriculture approves the action.
new text begin
(e) A person is exempt from paragraph (a), clause (7), with respect to the following
products, provided that the person complies with paragraph (f):
new text end
new text begin
(1) an all-terrain vehicle, as defined in section 84.92, subdivision 8, that is designed and
marketed as a juvenile product and intended to be operated according to section 84.9256;
new text end
new text begin
(2) an off-highway motorcycle, as defined in section 84.787, subdivision 7, that is
designed and marketed as a juvenile product and intended to be operated according to section
84.793;
new text end
new text begin
(3) an internal component of a juvenile product under clause (1) or (2) that would not
come into direct contact with the skin or mouth of an operator of those products during
reasonably foreseeable use and abuse; and
new text end
new text begin
(4) a helmet, boot, eye-protective device, or other accessory used to enhance the safety
of an operator of a juvenile product under clause (1) or (2), as determined by the
commissioner of natural resources.
new text end
new text begin
(f) A person selling, offering for sale, or distributing for sale in this state a juvenile
product described in paragraph (e), clauses (1) to (3), must prominently display on the
product a nonremovable notice that reads: "This product contains intentionally added PFAS,
substances that have been banned from juvenile products and other products because of
their association with harmful health effects."
new text end
new text begin
This section is effective the day following final enactment.
new text end