SG 136/24
Minnesota has delayed the enforcement of restrictions on PFAS, lead and cadmium in four specified products to July 2025.
In 2023, the US state of Minnesota approved HF 2310 (Chapter 60) to regulate PFAS and two heavy metals in a wide range of consumer products.
Among the provisions in this law, it:
- Prohibited intentionally added per- and polyfluoroalkyl substances (PFAS) in 11 categories of products, including upholstered furniture
- Restricted lead and cadmium in 15 product categories, including keys and school supplies (SafeGuardS 66/23)
In 2024, Minnesota’s Pollution Control Agency (MPCA) issued two separate guidelines to assist stakeholders with the aforementioned PFAS prohibitions and heavy metal restrictions (SafeGuardS 63/24 and 64/24).
In May 2024, the governor of Minnesota signed HF 3911 (Chapter 116) into law. Section 31 to this environmental and natural resources supplemental budget bill authorizes the commissioner of the MPCA to postpone the enforcement of the 2023 law on the prohibition of PFAS and restriction of lead and cadmium in certain products to July 1, 2025.
Highlights of HF 3911 in relation to the delay enforcement of PFAS, lead and cadmium in the four specified product categories are summarized in Table 1.
| Item | Scope | Requirement | New effective date |
| 1 | Pens and mechanical pencils | ≤ 90 ppm lead | July 1, 2025 |
| 2 | Internal electronic components of key fobs | ≤ 90 ppm lead and ≤ 75 ppm cadmium | July 1, 2025 |
| 3 | Firefighting foam used in fire suppression systems installed in airport hangers | Prohibits PFAS if intentionally added | July 1, 2025 |
| 4 | Electronic or other internal components of upholstered furniture | Prohibits PFAS if intentionally added | July 1, 2025 |
Table 1
HF 3911 also directs the commissioner of the MPCA to submit a report to the state legislature by January 31, 2025, with recommendations on whether extensions should be permitted for the use of PFAS, lead and cadmium as described in section 31 of this law.
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