Minnesota Legislature Modifies PFAS Product Reporting Requirement

Co-authored with Melissa J. Rahn, Vice Chair, Fredrikson Government Relations, LLC

In the final minutes of its 2026 session on May 17, 2026, the Minnesota Legislature changed its previous notification requirement regarding products containing intentionally added per- and polyfluoroalkyl substances (PFAS). Under the new legislation, only products manufactured after July 1, 2023, are subject to the requirement to provide product information to the Minnesota Pollution Control Agency (MPCA) later this year.

Existing Requirement and Deadline Extensions

Minn. Stat. § 116.943, subd. 2(a) — as originally passed in 2023 — required manufacturers of products with intentionally added PFAS sold, offered for sale or distributed in Minnesota to submit information on those products to the MPCA commissioner by January 1, 2026. MPCA Commissioner Katrina Kessler used her authority under subdivision 3(d) last summer to extend that deadline for all manufacturers to July 1, 2026, considering delays related to adoption of the reporting rules and creation of the portal (PRISM) to be used for product reporting. Commissioner Kessler last month extended that deadline again to September 15, 2026.

Legislature Narrows Scope of Reporting Products

Manufacturers lobbied legislators during the 2026 session to extend the statutory reporting deadline to at least 2027, given the complexity of the reporting requirements, the delay in adoption of the final reporting rules and technical issues and frustrations associated with the reporting portal. The Legislature did not change the reporting deadline, but it did narrow the scope of products subject to the requirement. Article 14, section 4 of the bill (SF4612) modifies the reporting requirement under section 116.943, subd. 2(a), to apply only to products with intentionally added PFAS “manufactured after July 1, 2023.” Product manufacturers presumably remain subject to the current September 15, 2026, deadline established by the MPCA Commissioner last month.

Next Steps to Approval

SF4612 now moves to Minnesota Governor Tim Walz for approval. Governor Walz must sign and deposit the bill with the secretary of state within 14 days of “sine die” adjournment or the bill will not become law. Inaction by the governor would result in a “pocket veto,” for which he is not required to provide a reason. Nevertheless, the expectation is that he will sign the bill within the next two weeks.

Conclusion

It is unclear how many products this new change will exempt from the reporting requirements. Manufacturers of complex products, however, may be among the biggest beneficiaries (think, e.g., replacement parts created before July 1, 2023, for older cars, machinery and the like that are currently for sale, offered for sale or distributed throughout the state). Regardless, Fredrikson’s Environmental team will continue to monitor and report on developments related to the new PFAS requirements and numerous other new environmental regulations forthcoming from MPCA, such as new rules regarding cumulative impacts and air toxics due to be published on May 18, 2026. Please contact us if we may assist you in navigating this new regulatory environment or with any of your environmental law needs.