new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.
new text end

new text begin (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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new text begin (g) "Commissioner" means the commissioner of the Pollution Control Agency.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (l) "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age:
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new text begin (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
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (n) "Medical device" has the meaning given "device" under United States Code, title
21, section 321, subsection (h).
new text end

new text begin (o) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of
fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
new text end

new text begin (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.
new text end

new text begin (q) "Product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Notification required. new text end

new text begin (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:
new text end

new text begin (1) a brief description of the product;
new text end

new text begin (2) the purpose for which PFAS are used in the product, including in any product
components;
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new text begin (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;
new text end

new text begin (4) the name and address of the manufacturer and the name, address, and phone number
of a contact person for the manufacturer; and
new text end

new text begin (5) any additional information established by the commissioner by rule as necessary to
implement the requirements of this section.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Notification requirement waivers; extensions. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 received a notification under subdivision 5 that the sale of the product is prohibited.
new text end

new text begin Subd. 5. new text end

new text begin Certificate of compliance. new text end

new text begin If the commissioner has reason to believe that a
product contains intentionally added PFAS and is being offered for sale in violation of
subdivision 4, paragraph (a), the commissioner may direct the manufacturer of the product
to, within 30 days:
new text end

new text begin (1) provide the commissioner with a certificate attesting that the product does not contain
intentionally added PFAS; or
new text end

new text begin (2) notify persons who sell that product in this state that the sale of that product is
prohibited in this state and provide the commissioner with a list of the names and addresses
of those notified.
new text end

new text begin Subd. 6. new text end

new text begin Prohibitions. new text end

new text begin (a) Beginning January 1, 2025, a person may not sell, offer for
sale, or distribute for sale in this state the following products if the product contains
intentionally added PFAS:
new text end

new text begin (1) carpets or rugs;
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new text begin (2) cleaning products;
new text end

new text begin (3) cookware;
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new text begin (4) cosmetics;
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new text begin (5) fabric treatments;
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new text begin (6) juvenile products;
new text end

new text begin (7) textile furnishings;
new text end

new text begin (8) ski wax; or
new text end

new text begin (9) upholstered furniture.
new text end

new text begin (b) The commissioner may by rule identify products by category or use that may not be
sold, offered for sale, or distributed for sale in this state if they contain intentionally added
PFAS. The commissioner must prioritize the prohibition of the sale of product categories
that, in the commissioner's judgment, are most likely to cause contamination of the state's
land or water resources if they contain intentionally added PFAS. Products in which the use
of PFAS is a currently unavoidable use as determined by the commissioner may be exempted
by the commissioner by rule.
new text end

new text begin (c) Beginning January 1, 2030, a person may not sell, offer for sale, or distribute for sale
in this state any product that contains intentionally added PFAS, unless the commissioner
has determined by rule that the use of PFAS in the product is a currently unavoidable use.
The commissioner may specify specific products or product categories for which the
commissioner has determined the use of PFAS is a currently unavoidable use.
new text end

new text begin Subd. 7. new text end

new text begin Fees. new text end

new text begin The commissioner may establish by rule a fee payable by a manufacturer
upon submission of the notification required under subdivision 2 to cover the agency's
reasonable costs to implement this section. The fee is not subject to section 16A.1283.
new text end

new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner may enforce this section under sections
115.071 and 116.072. The commissioner may coordinate with the commissioners of
commerce and health in enforcing this section.
new text end

new text begin (b) When requested by the commissioner, a person must furnish to the commissioner
any information that the person may have or may reasonably obtain that is relevant to show
compliance with this section.
new text end

new text begin Subd. 9. new text end

new text begin Exemptions. new text end

new text begin This section does not apply to:
new text end

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

new text begin (2) a product regulated under section 325F.072 or 325F.075; or
new text end

new text begin (3) the sale or resale of a used product.
new text end

new text begin Subd. 10. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules necessary to implement this section.
new text end