HF 1627

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 03/10/2025 03:47pm

A bill for an act
relating to environment; exempting certain products from and delaying certain
PFAS prohibitions; modifying PFAS reporting requirements; delaying prohibitions
on certain lead-containing products; delaying prohibitions of certain
PFAS-containing firefighting foam at airport hangars; amending Minnesota Statutes
2024, sections 116.943, subdivisions 1, 2, 8; 325E.3892, subdivision 2; 325F.072,
subdivision 3.

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.

Sec. 3.

Minnesota Statutes 2024, section 116.943, subdivision 8, is amended to read:

Subd. 8.

Exemptions.

(a) This section does not apply to:

(1) a product for which federal law governs the presence of PFAS in the product in a
manner that preempts state authority;

(2) a product regulated under section 325F.072 or 325F.075; or

(3) the sale or resale of a used product.

(b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product
that is a medical device or drug or that is otherwise used in a medical setting or in medical
applications regulated by the United States Food and Drug Administration.

new text begin (c) An electronic or internal component of a product is exempt from the prohibitions
under subdivision 5 until January 1, 2032.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 325E.3892, subdivision 2, is amended to read:

Subd. 2.

Prohibition.

(a) A person must not import, manufacture, sell, hold for sale, or
distribute or offer for use in this state any covered product containing:

(1) lead at more than 0.009 percent by total weight (90 parts per million); or

(2) cadmium at more than 0.0075 percent by total weight (75 parts per million).

(b) This section does not apply to covered products containing lead or cadmium, or both,
when regulation is preempted by federal law.

new text begin (c) Until January 1, 2028, this section does not apply to a product containing an internal
circuit board with lead solder or a pen that contains lead.
new text end

new text begin (d) A manufacturer of a key fob or pen exempted under paragraph (c) must submit a
report every six months to the commissioner of the Pollution Control Agency that details
the:
new text end

new text begin (1) barriers to complying with the prohibition under this subdivision;
new text end

new text begin (2) progress made toward achieving compliance; and
new text end

new text begin (3) most recent timeline for achieving compliance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2024, section 325F.072, subdivision 3, is amended to read:

Subd. 3.

Prohibition.

(a) No person, political subdivision, or state agency shall
manufacture or knowingly sell, offer for sale, distribute for sale, or distribute for use in this
state, and no person shall use in this state, class B firefighting foam containing PFAS
chemicals.

(b) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for which the inclusion of PFAS chemicals is required by federal law,
including but not limited to Code of Federal Regulations, title 14, section 139.317. If a
federal requirement to include PFAS chemicals in class B firefighting foam is revoked after
January 1, 2024, class B firefighting foam subject to the revoked requirements is no longer
exempt under this paragraph effective one year after the day of revocation.

(c) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for purposes of use at an airport, as defined under section 360.013,
subdivision 39, until the state fire marshal makes a determination that:

(1) the Federal Aviation Administration has provided policy guidance on the transition
to fluorine-free firefighting foam;

(2) a fluorine-free firefighting foam product is included in the Federal Aviation
Administration's Qualified Product Database; and

(3) a firefighting foam product included in the database under clause (2) is commercially
available in quantities sufficient to reliably meet the requirements under Code of Federal
Regulations, title 14, part 139.

(d) Until the state fire marshal makes a determination under paragraph (c), the operator
of an airport using class B firefighting foam containing PFAS chemicals must, on or before
December 31 each calendar year, submit a report to the state fire marshal regarding the
status of the airport's conversion to class B firefighting foam products without intentionally
added PFAS, the disposal of class B firefighting foam products with intentionally added
PFAS, and an assessment of the factors listed in paragraph (c) as applied to the airport.

new text begin (e) This subdivision does not apply to the manufacture, sale, distribution, or use of class
B firefighting foam for purposes of use at an airport hangar until January 1, 2028.
new text end

new text begin (f) The operator of an airport hangar may apply for a one-year extension from the date
provided under paragraph (e) by demonstrating that there is a need for additional time due
to circumstances beyond the control of the operator. An extension under this paragraph
must be approved by the commissioner of the Pollution Control Agency and the state fire
marshal. When approving an extension under this paragraph, the commissioner of the
Pollution Control Agency must determine that the environment will be protected and the
state fire marshal must determine that public safety will be protected. An operator may
apply for additional one-year extensions under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end