Minnesota is the latest state to to limit the presence of heavy metals and perfluoroalkyl and poly-fluoroalkyl substances (PFAS).
On May 24, 2023, the Environment, Natural Resources, Climate, and Energy Omnibus Bill, known as Chapter 60, House File 2310, was signed into law, marking a step towards enhancing environmental protection and public health within the state.
New Restrictions on Heavy Metals and PFAS
The recently passed legislation includes provisions that restrict the usage of lead and calcium and intentionally added PFAS in specific product categories, effective from January 1, 2025.
Notification Requirement for PFAS
Under the new law, products containing intentionally added PFAS will be required to submit a notice to the commissioner. The notice should include details such as the product description, universal product code (UPC), stock keeping unit (SKU), purpose of PFAS usage, the quantity of each PFAS, manufacturer’s name and address, and the contact information of the manufacturer’s representative.
Scope of Applicability
The new regulations will apply to a range of product categories. However, certain products will be exempted from the restrictions, including those already governed by federal PFAS regulations, used products, firefighting foam, and food packaging, as they are subject to existing laws and regulations.
Banning Intentionally Added PFAS in Consumer Products in Minnesota
Starting from January 1, 2025, sold, offered for sale, or distribution of products containing intentionally added PFAS will be prohibited in Minnesota. The affected product categories include:
- Carpets or rugs
- Cleaning products
- Cookware
- Cosmetics
- Dental floss
- Fabric treatments
- Juvenile products
- Menstruation products
- Textile furnishings
- Ski wax
- Upholstered furniture
Lead and Cadmium Limits in Minnesota
The limits are no more than 90 ppm (0.009%) total lead and no more than 75 ppm (0.0075%) total cadmium.
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