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in jewelry under Minnesota Statutes Section 325E.3892 and cadmium in children’s jewelry under Section 352E.38913 are repealed.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 |
| 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:
|
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 | Lead |
| Total lead content ≤ 90 ppm* |
Cadmium | Cadmium Total cadmium content ≤ 75 ppm* |
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