December 9, 2025
On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) published in the Minnesota State Register a final rule regarding per- and polyfluoroalkyl substances (PFAS) in products reporting and fees. MPCA revised the proposed rule to correct defects identified by an August 2025 administrative law judge’s (ALJ) report. MPCA also made other non-substantial changes. Under the final rule, manufacturers of products containing intentionally added PFAS are required to report certain information by July 1, 2026.
Statutory Authority and Background
The rule implements Minnesota Statutes § 116.943, known as “Amara’s Law,” which requires every manufacturer, importer, or first domestic distributor that sells, offers, or distributes products containing intentionally added PFAS in Minnesota to notify the state. The statute mandates three core elements: a product description with numeric code, PFAS identity and concentration range, and the purpose for which PFAS is used. The legislation also authorizes MPCA to collect reasonable fees, grant waivers for substantially equivalent public information, and delegate agricultural product reporting to the Minnesota Department of Agriculture (MDA).
The rule establishes an operational data-collection framework affecting an estimated 5,000 to 10,000 manufacturers, making Minnesota the third U.S. state—after Maine and California—to impose a comprehensive PFAS notification regime.
Changes to the Proposed Rule
As previously reported, the ALJ report on the proposed rule concluded that the package must be disapproved for a procedural reason: MPCA failed to include an assessment of the cumulative effect of the proposed rule with federal regulations on PFAS reporting. MPCA’s October 27, 2025, letter to the Interim Chief ALJ addressed this deficiency by assessing cumulative effects with other federal and state regulations. MPCA expects additional effort will be needed to meet Minnesota-specific requirements, but anticipates reduced burden for reporting under other jurisdictions. The agency notes that some manufacturers may also need to report to the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA) Section 8(a)(7) reporting rule for PFAS, but anticipates limited cumulative effects due to differences in the specific information required.
The final rule includes fourteen material changes from the April 2025 proposal:
- The redundant manufacturer definition was deleted, deferring to statutory text
- “Substantially equivalent information” criteria were narrowed to objective standards
- Product “grouping” language was replaced with statutory “category or type”
- Annual recertification and voluntary-update provisions were removed
- Fees for updates and recertifications were eliminated
- Agricultural reporting was recast as a waiver mechanism
- Only one 90-day extension is expressly permitted
- HTS codes may now be reported for domestic products, not only imports
- The update reference period changed from rolling “12 months” to fixed “previous calendar year”
- New-product timing was synchronized with the February 1 update cycle
- Flat-fee language was added to preclude per-SKU charges
- Inflation indexing was simplified to odd years only
- Cross-references were corrected and typographical errors fixed
According to MPCA, the final rule provides details and flexibility for manufacturers, including group reporting options, concentration ranges instead of exact amounts, and waiver, extension, and trade secret request mechanisms.
Fee Structure
The final rule sets a one-time flat fee of $800 per manufacturer, reduced from $1,000 in the proposed rule after the ALJ found the original fees excessive relative to MPCA’s implementation budget. The fee schedule includes:
- Initial report: $800 per manufacturer
- Extension request: $300
- Waiver request: $0 for firms already reporting to MDA; otherwise same as update fee
- Voluntary updates remain free
Fees are consumer price index (CPI)-adjusted every odd year starting in 2027. Fees are due at upload with no refund if a waiver is later denied, but firms are not charged again when submitting the required report.
Reporting Requirements
A single electronic filing covers every SKU, UPC, HTS, or other numeric code containing PFAS. The reporting template requires:
- Product category, brand, model, and distinguishing traits
- Numeric code hierarchy (Global Product Classification/Brick/UPC/HTS, SKU, model number, or internal code)
- PFAS identity (CAS number or trade name)
- Concentration ranges (<1 ppm, 1–<10 ppm, 10–<100 ppm, 100–<1,000 ppm, ≥1,000 ppm)
- Functional use (waterproofing, grease resistance, etc.)
- Sales channel (retail, wholesale, or exclusively online)
- Certification under penalty of perjury
New products launched after January 1, 2026, must be reported by the following February 1. Annual updates are required only when substantive changes occur; firms need not recertify unchanged information. Voluntary updates, such as PFAS removal, are encouraged and free of charge.
Waivers and Extensions
Manufacturers may seek waivers if substantially equivalent data are publicly available and accessing them will not impose undue burden. Requests must supply URLs or copies of the existing data. Agricultural products reported to MDA under § 116.943 subd. 3(b) satisfy MPCA requirements and trigger no additional fee. Extensions of up to 90 days may be granted once per manufacturer upon demonstration that the statutory deadline creates hardship.
Enforcement and Penalties
Failure to file, late filing, or underpayment of fees exposes manufacturers to civil penalties under § 116.072 (up to $10,000 per day), injunctive relief, and shipment holds. MPCA may audit products on retail shelves and cross-check numeric codes. Reported data are public unless trade-secret protection is asserted and accepted.
PFAS Reporting Information System for Manufacturers (PRISM)
According to MPCA, the online reporting system, called the PFAS Reporting Information System for Manufacturers (PRISM), “is now in the final stages of review with a planned soft launch in December to a limited group of manufacturers.” MPCA states that PRISM will be available to all manufacturers in January 2026. MPCA will announce PRISM’s launch through its GovDelivery service and on its website.
MPCA based PRISM on the High Priority Chemicals Data System operated by the Interstate Chemicals Clearinghouse, which is already familiar to many manufacturers. MPCA notes that reported data may also meet reporting requirements for other states. Data not designated as trade secrets will be publicly available after MPCA review and publication in PRISM. Report publishing will be an ongoing process as submissions are received.
Compliance Timeline
Manufacturers should follow this roadmap:
- Q1 2026: Identify every SKU offered in Minnesota; test for intentionally added PFAS above detection limits
- By July 1, 2026: Submit initial report through MPCA online portal; pay $800 fee; receive confirmation number
- Q3 2026 onward: Track reformulations; flag new PFAS or concentration changes; submit annual updates by February 1 each year
- Optional: File waiver if identical data exist on EPA’s TSCA inventory, Washington’s PFAS database, or other public sources
- Retain records for five years; anticipate spot audits
Broader Implications
Because the rule leverages global numeric codes, it effectively extends Minnesota’s disclosure standard to every domestic and foreign supply chain seeking market access in the state. The data set will provide regulators with a comprehensive map of PFAS use, establishing groundwork for potential future sales bans or extended producer-responsibility programs under legislative consideration.
The final rule, additional information, and a sign-up for technical updates on reporting PFAS in products are available on MPCA’s Reporting PFAS in products web page.
The Minnesota Pollution Control Agency (MPCA) published in the Minnesota State Register a final rule regarding per- and polyfluoroalkyl substances (PFAS) in products reporting and fees. MPCA revised the proposed rule to correct defects identified by an August 2025 administrative law judge’s (ALJ) report.
