Starting on Jan. 1, 2025, the first prohibitions of products containing intentionally added PFAS under Amara's Law (Minn. Stat. § 116.943) will take effect in Minnesota.
Intentionally added PFAS will be prohibited in products that fall under 11 categories:
- carpets or rugs
- cleaning products
- cookware
- cosmetics
- dental floss
- fabric treatments
- juvenile products
- menstruation products
- textile furnishings
- ski wax
- upholstered furniture
The prohibition also applies to certain types of packaging used with the products above.
While PFAS are often found in these product categories, PFAS-free alternatives are already widely available.
The prohibition does not apply to products that contain intentionally added PFAS only in electronic components or internal components.
Internal components means internal parts of a product, whether permanently affixed or removable, that are designed and intended to not be touched by a person during intended use or handling. Internal components include parts of a product used for holding batteries regardless of whether the parts are touched when replacing batteries.
The MPCA may prohibit additional products if the products contain intentionally added PFAS and are likely to harm Minnesota’s environment and natural resources. Amara’s Law makes no exceptions for products in these categories, nor does it provide extensions to the timeline if no PFAS alternatives are available. “Currently unavoidable use” determinations do not apply to products subject to PFAS prohibitions in 2025. Details of currently avoidable use will be established through rulemaking.
Manufacturers are responsible for maintaining awareness of regulations potentially applicable to their products, so the MPCA will not directly notify manufacturers that their products may be prohibited. However, the MPCA is conducting general outreach to educate stakeholders.
These 11 categories are in addition to prohibitions on PFAS in firefighting foam and food packaging, which took effect on Jan. 1, 2024.
Carpets or rugs
Any fabric containing intentionally added PFAS that is marketed or intended for use as a floor covering will be prohibited from sale and distribution in 2025, including car floor mats, recreational vehicle carpeting, outdoor rugs, and synthetic turf.
Cleaning products
The 2025 prohibition applies to products used primarily for domestic, commercial, or institutional cleaning purposes, not to those used for cleaning within an industrial manufacturing process.
The definition of cleaning products includes “a polish or floor maintenance product.” Therefore, floor waxes and other floor finishes containing intentionally added PFAS are considered cleaning products and will be prohibited from sale and distribution in 2025.
While the definition of cleaning products includes automotive maintenance products, the law does not apply to engine oil. An automotive maintenance product is included only when the purpose of the product is to clean or maintain the appearance of a motor vehicle.
Cookware
The MPCA considers cookware to include any product used to prepare, dispense, or store food, foodstuffs, or beverages. The prohibition does not include a product that contains intentionally added PFAS only in electronic components or internal components. If the product has PFAS only in electronic or internal components it will be subject to the 2032 prohibition, unless determined by rule to be a currently unavoidable use.
The cookware guidance is being updated in response to the Legislative change to Minn. Stat. 116.943 that exempts electronic and internal components from the 2025 prohibitions. The intent of previous versions of cookware guidance was to focus the cookware prohibition on products that contain PFAS on external components, so the intent of the guidance is not changing.
Teflon™ is the trademarked brand name for one member of the PFAS family, polytetrafluoroethylene (PTFE). Teflon™ has been widely used as a nonstick coating for cookware. As a PFAS, Teflon™ will be prohibited from use in cookware.
Dental floss
For the purposes of the PFAS product prohibitions, the MPCA considers dental floss to be a product designed to clean between teeth in places that are not accessible with a toothbrush or an interdental brush. The product can be packaged with pre-cut or continuous length of strong thread or fine tape and is specifically designed to be drawn between the teeth to remove food particles and prevent dental plaque, such as dental floss and dental tape.
Fabric treatments
Fabric treatments mean the substances that are applied to fabrics, not fabrics that have already been treated. However, pre-treated fabrics that are a product or a component of any product prohibited in 2025 are included in the prohibition, such as pre-treated fabrics in carpets and rugs, juvenile products, textile furnishings, and upholstered furniture. Pre-treated fabrics will be subject to the 2032 prohibition, unless determined by rule to be a currently unavoidable use.
Juvenile products
Any products containing intentionally added PFAS that are designed or marketed for use by infants and children under 12 years of age are included in the juvenile products definition and will be prohibited from sale and distribution in 2025. Juvenile products are not limited to those listed in the definition.
Juvenile products do not include children’s electronic products, an adult mattress, an off-highway vehicle, all-terrain vehicle, off-highway motorcycle, snowmobile, or electric-assisted bicycle that is made for children, or the replacement parts for these vehicles.
Menstruation products
For the purposes of the PFAS product prohibitions, the MPCA considers menstruation products to be products used to catch menstrual flow, such as disposable and reusable pads, tampons, period underwear, and menstrual cups.
Upholstered furniture
Upholstered furniture does not include products that contain intentionally added PFAS only in electronic components or internal components.
For the purposes of the PFAS product prohibitions, the MPCA considers furniture to be a movable article used in readying an area for occupancy or use. The MPCA does not consider vehicle seats to be movable because they are affixed to the body of the vehicle.
Packaging involved across all 11 product categories
Only the product packaging which is integral to contain, protect, or dispense the product is considered a product component and is included in the 2025 prohibition on intentionally added PFAS. The product packaging or shipping container used to display, market, handle, store, or deliver the product is not considered a product component.
For example, if a manufacturer is selling lip balm, the lip balm and the tube used to contain the lip balm are considered a cosmetic product and are subject to the 2025 prohibition on intentionally added PFAS. The plastic mold adhered to the cardboard used to handle and display the lip balm would not be considered a product component.
Empty packaging containing intentionally added PFAS that is sold before it contains a prohibited product is considered a product but is not considered a product component and is not included in the 2025 prohibition. Only when the package containing intentionally added PFAS is combined with the prohibited product does it become subject to the 2025 prohibition. Empty packaging will be subject to the 2032 prohibition, unless determined by rule to be a currently unavoidable use.
For example, if a manufacturer sells empty tubes which could be used to contain lip balm, the empty tubes are not considered cosmetics and are not subject to the 2025 prohibition on intentionally added PFAS. Only when an empty tube contains lip balm does the empty tube becomes a product component and the product — both the lip balm and tube — becomes subject to the 2025 prohibition on intentionally added PFAS.
Resources
- PFAS prohibitions for retailers and manufacturers webinar, including presentation and recorded meeting