A bill for an act
relating to environment; prohibiting PFAS in certain products; requiring disclosure;
authorizing rulemaking; proposing coding for new law in Minnesota Statutes,
chapter 116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.
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(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.
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(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.
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(e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.
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(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.
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(g) "Commissioner" means the commissioner of the Pollution Control Agency.
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(h) "Cookware" means durable houseware items that are used in homes and restaurants
to prepare, dispense, or store food, foodstuffs, or beverages. Cookware includes pots, pans,
skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
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(i) "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.
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(j) "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.
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(k) "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.
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(l) "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:
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(i) 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
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(ii) 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; a medical device; or an adult mattress.
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(m) "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.
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(n) "Medical device" has the meaning given "device" under United States Code, title
21, section 321, subsection (h).
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(o) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
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(p) "Product" means an item manufactured, assembled, packaged, or otherwise prepared
for sale to consumers, including its product components, sold or distributed for personal,
residential, commercial, or industrial use, including for use in making other products.
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(q) "Product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
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(r) "Ski wax" means a lubricant applied to the bottom of snow runners, including skis
and snowboards, to improve their grip and glide properties. Ski wax includes related tuning
products.
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(s) "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, nylon,
and polyester.
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(t) "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.
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(u) "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.
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(a) Beginning January 1, 2025, a manufacturer of a
product for sale in the state that contains intentionally added PFAS must submit to the
commissioner a written notification that includes:
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(1) a brief description of the product;
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(2) the purpose for which PFAS are used in the product, including in any product
components;
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(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;
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(4) the name and address of the manufacturer and the name, address, and phone number
of a contact person for the manufacturer; and
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(5) any additional information established by the commissioner by rule as necessary to
implement the requirements of this section.
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(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.
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(c) In accordance with rules adopted by the commissioner, a manufacturer must update
and revise the information in the written notification whenever there is significant change
in the information or when requested to do so by the commissioner.
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The commissioner may waive
all or part of the notification requirement under subdivision 2 if the commissioner determines
that substantially equivalent information is already publicly available. The commissioner
may enter into an agreement with one or more other states or political subdivisions of a
state to collect notifications and may accept notifications to a shared system as meeting the
notification requirement under subdivision 2. The commissioner may extend the deadline
for submission by a manufacturer of the information required under subdivision 2 if the
commissioner determines that more time is needed by the manufacturer to comply with the
submission requirement.
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(a) 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 subdivision 2.
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(b) The commissioner may exempt a product from the prohibition under this subdivision
if the commissioner determines that the use of PFAS in the product is a currently unavoidable
use.
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(c) The prohibition in this subdivision does not apply to a retailer in the state unless the
retailer sells, offers for sale, or distributes for sale in the state a product for which the retailer
has rec