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Minnesota to Require Consumer Product Manufacturers to Report PFAS

As part of Minnesota's PFAS Blueprint Legislation enacted May 24, 2023, Minnesota plans to adopt Rules effective January 1, 2026, to require all manufacturers of consumer products sold, offered for sale, or distributed in Minnesota containing intentionally added PFAS to submit certain required information to the MPCA, including the amount of PFAS present in the product. PFAS is defined in the statute as "'perfluoroalkyl and polyfluoroalkyl substances,' meaning a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom." These new rules will affect all manufacturers of consumer products doing business in Minnesota and will likely mean that manufacturers should start taking steps now to meet the requirements.

Manufacturers will be required to submit the following information to the MPCA:

 

(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.

Tags

pfas, product liability, warning