An Overview Of Minnesota PFAS Reporting Requirements

Understanding PFAS in Minnesota

Minnesota has passed some of the most stringent PFAS laws in the nation. Legislators have enacted various laws that include bans on intentionally added PFAS and reporting requirements for PFAS contained in products.

Background: What is PFAS?

What You Need to Know

Per- and Polyfluoroalkyl Substances (PFAS), also known as “forever chemicals,” are a class of man-made chemicals known for their resistance to water, oil, and friction, and for increased durability. The strong carbon-fluorine bonds of PFAS make them highly resistant to degradation, making them persistent in the environment. These chemicals have been used for decades in a wide variety of consumer and industrial products. Products used within the RV industry that may contain PFAS include but are not limited to textile articles, carpets, rugs, fabric treatments, furnishings, upholstery, flame retardants, adhesives, solar components, and semiconductors.

Key Dates and Requirements:

• January 1, 2025: Minnesota has banned the sale of products in 11 categories if they contain intentionally added PFAS. Of those 11 categories, five are expected to impact the RV industry:
  • Carpets or rugs
  • Cleaning products
  • Fabric treatments
  • Textile furnishings
  • Upholstered furniture

As of 2025, any units that include intentionally added PFAS in any of the categories above will no longer be able to be sold in Minnesota. Minnesota is currently not allowing the RV industry to apply for any unavoidable uses.

The Minnesota Pollution Control Agency has a January 1, 2026, deadline for the final adoption of rules, which are currently open for public comment.

As currently drafted, the rules include requirements for reporting and testing each individual SKU in an RV. There will be an associated fee for each report submitted for each component. Due to the complex number of SKUs in a unit, this process can be extremely costly for RV manufacturers and suppliers.

Impact on the RV Industry

• 2025 Prohibition: The 2025 prohibition on 11 products with intentionally added PFAS will require RV dealers and manufacturers to find solutions for any units remaining on the lot by January that contain intentionally added PFAS.
• Supply Chain Management: Manufacturers and suppliers will need to track any intentionally added PFAS in their components to ensure compliance.
• Cost of Compliance: Compliance with the Minnesota reporting requirements will be costly. Both final-stage manufacturers and suppliers may be held responsible for reporting. Suppose any component in a unit fails to be registered and contains intentionally added PFAS. In that case, the state can prohibit the sale of future units until they are in compliance with the Minnesota Pollution Control Agency’s rulemaking.
• Testing Requirements: To report, there will be requirements to test components that may contain intentionally added PFAS through a third-party pre-approved laboratory by 2026. Tests currently cost upwards of $1,000, and there is no standard for testing yet; the Minnesota Pollution Control Agency will be releasing information on qualifying tests by the fall of 2024.

Conclusion

Quick action is required to ensure compliance with Minnesota's stringent PFAS laws. The 2025 prohibition necessitates immediate solutions for existing inventory, while the upcoming reporting and testing requirements will have a substantial impact on supply chain communication. The costs associated with compliance are significant, underscoring the urgency for manufacturers and suppliers to adapt swiftly to these regulations. Stay informed and proactive to navigate this regulatory landscape effectively by following the RV Industry Association’s future webinars and keeping an eye out for any updates on legislation.

Please contact Sophie de la Torre, Senior Manager of Government Affairs, at sdelatorre@rvia.org with any questions.

View the Minnesota PFAS Reporting Requirements PDF one-pager.