On May 24, 2023, Minnesota became the latest state to impose significant restrictions on perfluoroalkyl and polyfluoroalkyl substances (PFAS) when Governor Tim Walz signed HF 2310. In this blog post, we examine some of the critical questions surrounding the new law.
What does the new law do?
Headlining the new law is a ban on the sale, offer for sale, or distribution for sale of certain products that contain intentionally added PFAS. This ban will be rolled out in two stages. Initially, beginning on January 1, 2025, a person may not sell, offer for sale, or distribute for sale any of the following products if the product contains intentionally added PFAS:
- carpets or rugs;
- cleaning products;
- dental floss;
- fabric treatments;
- juvenile products;
- menstruation products;
- textile furnishings;
- ski wax; and
- upholstered furniture.
The commissioner of the Minnesota Pollution Control Agency (MPCA) may by rule identify additional products by category or use.
The second phase of the ban beginning on January 1, 2032 is a total prohibition on the sale, offer for sale, or distribution for sale of any product that contains intentionally added PFAS. A product or category of product can be excepted from this ban if the commissioner determines that the use of PFAS is a currently unavoidable use, although the commissioner may not make such a determination for a product that is included in the initial ban discussed above.
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