On May 24, 2023, the Minnesota State Governor signed HF 2310 into law which contains the new requirements on PFAS, lead and cadmium. The following are the highlight:

PFAS

On or before 1 January 2026, the manufacturers of a product that contain intentionally added PFAS must submit to the commissioner information that include:

• A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product
• The purpose for which PFAS are used in the product
• The amount of each PFAS in the product
• The name, address, and phone number of the manufacturer (and the contact person)
• Any additional information requested.

The manufacturer shall provide a test report to the commissioner within 30 days that demonstrate the amount of each PFAS in the product if the product is believed containing intentionally added PFAS. If the product does not contain intentionally added PFAS, the manufacturer must provide a certificate to prove that.

Beginning 1 January 2025, the following products are not allowed to contain intentionally added PFAS:

• Carpets or rugs
• Cleaning products
• Cookware
• Cosmetics
• Dental floss
• Fabric treatments
• Juvenile products
• Menstruation products
• Textile furnishings
• Ski wax
• Upholstered furniture

Other products that are considered to contain intentionally added PFAS must not be earlier than 1 January 2025 but no later than 1 January 2032. After 1 January 2032, any products that are sold or distributed in Minnesota must not contain intentionally added PFAS, unless the use of PFAS is unavoidable use.

Lead and cadmium

Covered products* are not prohibited to be imported, manufactured, sold, distributed or offered to use if the covered product contain:

Lead > 0.009% (90 ppm)

Cadmium > 0.0075% (75 ppm)

The requirements shall be effective on 1 August 2023.

*Covered products mean any of the following products:

• Jewelry
• Toys
• Cosmetics and personal care products
• Puzzles, board games, card games, and similar games
• Play sets and play structures
• Outdoor games
• School supplies
• Pots and pans
• Cups, bowls, and other food containers
• Craft supplies and jewelry-making supplies
• Chalk, crayons, paints, and other art supplies
• Fidget spinners
• Costumes, costume accessories, and children's and seasonal party supplies
• Keys, key chains, and key rings
• Clothing, footwear, headwear, and accessories

About Intertek

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