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USA: Minnesota enacted law on PFAS ban and restriction on heavy metals in certain products

JUNE 2023 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 24 May 2023, the Governor of USA Minnesota State signed the bill HF 2310 into law (Minnesota Session Law 2023, Chapter 601). This bill sets the ban on perfluoroalkyl and polyfluoroalkyl substances (PFAS) and restriction on lead and cadmium in certain products.

In this new law, the PFAS ban will be implemented in phases.

• Starting from 1 January 2025, the ban on intentionally added PFAS in some specific products (e.g. carpets and rugs, juvenile products, etc.) will take effect;
• On or before 1 January 2026, the manufacturer of products containing intentionally added PFAS shall notify the Pollution Control Agency (PCA) commissioner with the required information;
• Starting from 1 January 2032, the other products containing intentionally added PFAS will be banned.

Besides PFAS, the law also expands the scope of heavy metals’ restriction (i.e. lead and cadmium) in certain products including toys, jewelry, clothing and footwear. Meanwhile, the current provisions on lead in jewelry under Minnesota Statutes Section 325E.3892 and cadmium in children’s jewelry under Section 352E.38913 are repealed.

Below are highlights of requirements of the new law:

Effective date Substance Product scope Requirement

1 January 2025

 PFAS
  1. carpets or rugs; 
  2. cleaning products; 
  3. cookware; 
  4. cosmetics; 
  5. dental floss; 
  6. fabric treatments; 
  7. juvenile products; 
  8. menstruation products; 
  9. textile furnishings; 
  10. ski wax; or 
  11. upholstered furniture.

Prohibited if intentionally added PFAS.

On or before 1 January 2026

 PFAS
 Any products

The manufacturer of products containing intentionally added PFAS shall notify PCA commissioner with below information:

  • description of the product;
  • the purpose of using PFAS in the product;
  • the amount of each PFAS in the product;
  • contact information of the manufacturer;
  • other additional information requested.

1 January 2032

 PFAS
 Any products

Prohibited if intentionally added PFAS, unless the PCA commissioner has determined by rule that the use of PFAS in the product is a currently unavoidable use

1 August 2023

According to Minnesota Statute Section 645.024, a law without an effective date provided will be effective on August 1 following its enactment. 





 Lead
  1. jewelry;
  2. toys;
  3. cosmetics and personal care products;
  4. puzzles, board games, card games, and similar games;
  5. play sets and play structures;
  6. outdoor games;
  7. school supplies;
  8. pots and pans;
  9. cups, bowls, and other food containers;
  10. craft supplies and jewelry-making supplies;
  11. chalk, crayons, paints, and other art supplies;
  12. fidget spinners;
  13. costumes, costume accessories, and children's and seasonal party supplies;
  14. keys, key chains, and key rings; and
  15. clothing, footwear, headwear, and accessories.
 Total lead content ≤ 90 ppm*
Cadmium Cadmium Total cadmium content ≤ 75 ppm*
* Products containing lead or cadmium regulated by federal law are exempted.

 

HOW DOES THIS IMPACT YOU AND YOUR BUSINESS?
CONTACT US TO DISCUSS.

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For enquiries, please contact us at [email protected]

[1] Minnesota Session Law 2023, Chapter 60

E-SSENTIALS 4 | 2023