SF 2164

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/07/2025 09:28 a.m.

A bill for an act
relating to environment; exempting commercial and industrial products from certain
PFAS restrictions; modifying PFAS reporting requirements; amending Minnesota
Statutes 2024, section 116.943, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 116.943, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.

(c) "Air care product" means a chemically formulated consumer product labeled to
indicate that the purpose of the product is to enhance or condition the indoor environment
by eliminating odors or freshening the air.

(d) "Automotive maintenance product" means a chemically formulated consumer product
labeled to indicate that the purpose of the product is to maintain the appearance of a motor
vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior
or interior surfaces of motor vehicles. Automotive maintenance product does not include
automotive paint or paint repair products.

(e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.

(f) "Cleaning product" means a finished product used primarily for domestic, commercial,
or institutional cleaning purposes, including but not limited to an air care product, an
automotive maintenance product, a general cleaning product, or a polish or floor maintenance
product.

(g) "Commissioner" means the commissioner of the Pollution Control Agency.

(h) "Cookware" means durable houseware items used to prepare, dispense, or store food,
foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills,
baking sheets, baking molds, trays, bowls, and cooking utensils.

(i) "Cosmetic" means articles, excluding soap:

(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise
applied to the human body or any part thereof for the purpose of cleansing, beautifying,
promoting attractiveness, or altering the appearance; and

(2) intended for use as a component of any such article.

(j) "Currently unavoidable use" means a use of PFAS that the commissioner has
determined by rule under this section to be essential for health, safety, or the functioning
of society and for which alternatives are not reasonably available.

(k) "Fabric treatment" means a substance applied to fabric to give the fabric one or more
characteristics, including but not limited to stain resistance or water resistance.

(l) "Intentionally added" means PFAS deliberately added during the manufacture of a
product where the continued presence of PFAS is desired in the final product or one of the
product's components to perform a specific function.

(m) "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:

(1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper;
booster seat; changing pad; child restraint system for use in motor vehicles and aircraft;
co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant
seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing
pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow;
portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable
crib; stroller; and toddler mattress; and

(2) not including a children's electronic product such as a personal computer, audio and
video equipment, calculator, wireless phone, game console, handheld device incorporating
a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit,
or power cord; or an adult mattress.

(n) "Manufacturer" means the person that creates or produces a product or whose brand
name is affixed to the product. In the case of a product imported into the United States,
manufacturer includes the importer or first domestic distributor of the product if the person
that manufactured or assembled the product or whose brand name is affixed to the product
does not have a presence in the United States.

(o) "Medical device" has the meaning given "device" under United States Code, title
21, section 321, subsection (h).

(p) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(q) "Product" means an item manufactured, assembled, packaged, or otherwise prepared
for sale to consumers, including but not limited to its product components, sold or distributed
for personal deleted text begin , deleted text end new text begin or new text end residential deleted text begin , commercial, or industrial deleted text end use, including for use in making other
products.

(r) "Product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.

(s) "Ski wax" means a lubricant applied to the bottom of snow runners, including but
not limited to skis and snowboards, to improve their grip or glide properties. Ski wax includes
related tuning products.

(t) "Textile" means an item made in whole or part from a natural or synthetic fiber, yarn,
or fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose,
nylon, and polyester.

(u) "Textile furnishings" means textile goods of a type customarily used in households
and businesses, including but not limited to draperies, floor coverings, furnishings, bedding,
towels, and tablecloths.

(v) "Upholstered furniture" means an article of furniture that is designed to be used for
sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling
material.

Sec. 2.

Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:

Subd. 2.

Information required.

(a) On or before January 1, deleted text begin 2026 deleted text end new text begin 2028 new text end , a manufacturer
of a product sold, offered for sale, or distributed in the state that contains intentionally added
PFAS must submit to the commissioner information that includes:

(1) a brief description of the product, including a universal product code (UPC), stock
keeping unit (SKU), or other numeric code assigned to the product;

(2) the purpose for which PFAS are used in the product, including in any product
components;

(3) the amount of each PFAS, identified by its chemical abstracts service registry number,
in the product, reported as an exact quantity determined using commercially available
analytical methods or as falling within a range approved for reporting purposes by the
commissioner;

(4) the name and address of the manufacturer and the name, address, and phone number
of a contact person for the manufacturer; and

(5) any additional information requested by the commissioner as necessary to implement
the requirements of this section.

(b) With the approval of the commissioner, a manufacturer may supply the information
required in paragraph (a) for a category or type of product rather than for each individual
product.

(c) A manufacturer must submit the information required under this subdivision whenever
a new product that contains intentionally added PFAS is sold, offered for sale, or distributed
in the state and update and revise the information whenever there is significant change in
the information or when requested to do so by the commissioner.

(d) A person may not sell, offer for sale, or distribute for sale in the state a product
containing intentionally added PFAS if the manufacturer has failed to provide the information
required under this subdivision and the person has received notification under subdivision
4.