U.S. Minnesota State to Restrict Heavy Metals [Lead and Cadmium] and PFAS in Various Consumer Products
Vol. 1359 | 07 Jun 2023
Governor Walz of Minnesota signed a budget bill (Chapter 60, House File 2310 – Environment, Natural Resources, Climate, and Energy Omnibus Bill) into law which includes investments into key programs to protect water, climate, and people from pollution. This legislation also includes provisions to restrict heavy metals (Lead and Cadmium) and the forever chemicals known as PFAS in consumer products. The detailed requirements can be found in the summary table below:
LEAD AND CADMIUM | ||
Scope | Requirement | Effective Date |
| Lead: ≤ 90 ppm (0.009%) Cadmium: ≤ 75 ppm (0.0075%) Remark: Does not apply to covered products containing lead or cadmium, or both, when regulation is preempted by federal law. | August 1, 2023 |
ENFORCEMENT: The commissioner of the Pollution Control Agency will enforce these requirements for covered products. The commissioner may contact manufacturer to furnish documentation to showcase compliance with these requirements. | ||
PFAS | ||
Scope | Requirement | Effective Date |
| Prohibited if covered product contains intentionally added PFAS | January 1, 2025 |
Any Product | If a product contains intentionally added PFAS chemicals then must submit notice to the commissioner with following information. (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 The commissioner may waive notification requirement if the commissioner determines that substantially equivalent information is already publicly available | January 1, 2026 |
Any Product | Prohibited if contains intentionally added PFAS | January 1, 2032 |
FEES: The commissioner may establish by rule a fee payable by a manufacturer to the commissioner upon submission of the information required to cover the agency's reasonable costs. Fees collected must be deposited in an account in the environmental fund. | ||
ENFORCEMENT: The commissioner along with the commissioners of agriculture, commerce, and health will be enforcing these requirements. | ||
EXEMPTION: 1) a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority; (2) a product regulated under section 325F.072 or 325F.075; or (3) the sale or resale of a used product. (b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration. | ||
Definitions:
- “Product” means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.
- “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.
- “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.
- “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.
- “Carpet or rug” means a fabric marketed or intended for use as a floor covering.
- “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.
- “Cookware” means durable houseware items used to prepare, dispense, or store food, foodstuffs, or beverages. Cookware includes but is not limited to pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.
- "Cosmetic” means articles, excluding soap: intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; and intended for use as a component of any such article
- “Juvenile product” means a product designed or marketed for use by infants and children under 12 years of age: 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 not including a children's electronic product
For further information, please contact our technical expert Pankajkumar Sarda (pankajkumar.sarda@intertek.com).