PFAS in Products: Minnesota Adopts PFAS Reporting and Fees Rule

After a two-year rulemaking process, on Dec. 8, 2025, the Minnesota Pollution Control Agency (“MPCA”) finalized a rule that, with very limited exemptions, imposes a first-of-its-kind reporting requirement on manufacturers of products sold, offered for sale, or distributed in Minnesota and that contain intentionally added per- and polyfluoroalkyl substances (“PFAS”). The rule also requires these manufacturers to pay associated reporting fees. Pursuant to an extension granted by MPCA, initial reports and fee payments are due by July 1, 2026. Subsequent reports will be due each year on Feb. 1.

Background

The rulemaking was originally called for under a statute referred to as Amara’s Law, Minn. St. § 116.943, Minnesota’s comprehensive PFAS law. However, a prior version of the rule was disapproved on August 28, 2025, by the Minnesota Court of Administrative Hearings after an administrative law judge (“ALJ”) found that the MPCA failed to adequately asses the cumulative impact of the rule with federal PFAS reporting requirements, and that certain provisions required modification. On October 27, 2025, the MPCA sent the ALJ a letter providing a cumulative effect analysis and the new version of the rule.

A second rulemaking is underway to establish a process to implement another part of Amara’s Law—“currently unavoidable use” determinations. The main purpose of that rulemaking is to establish criteria the MPCA will use to make decisions on which, if any, uses of intentionally added PFAS will qualify as currently unavoidable uses in products sold, offered for sale, or distributed in Minnesota, as required by Amara’s Law.

The New Rule

Information required to be reported in the new rule includes:

• A brief description of the product or a description of the category or type of product;
• PFAS chemicals used in the product or its components;
• The concentration of PFAS chemicals in a product or components of a product made up of homogeneous material;
• The function that each PFAS chemical provides to the product or its components;
• Manufacturer information;
• Contact information for the authorized representative of the manufacturer who has the authority to execute or direct others to execute reporting to the state; and
• An alternative to the authorized representative.

This new reporting is expected to be done using the MPCA’s PFAS Reporting Information System for Manufacturers (“PRISM”), which is still being developed. The MPCA claims PRISM will “begin a soft launch” this month to a limited group of beta users, and it will be available for use by all manufacturers to submit reports starting in January 2026. To allow manufacturers more time to become familiar with the reporting system, as well as to establish agreements with suppliers to report on their behalf, as allowed in the rule, the MPCA granted the six-month extension mentioned above, with initial reports due by July 1, 2026.

In the new rule, the MPCA also lowered the reporting fee from $1,000 to $800 and made certain other changes to address the ALJ’s concerns. These include providing reporting flexibility allowing (1) the grouping of manufacturers and similar products to be reported together, (2) manufacturers to provide only a range of PFAS concentrations instead of exact amounts, (3) waiver and extension requests, and (4) trade secret protection requests.

With respect to the waiver and extension requests, manufacturers can request one 90-day extension of reporting deadlines or a complete waiver of reporting requirements if substantially equivalent information can already be found through public sources. These requests must be submitted at least 30 days before the reporting due date.

Next Steps

All companies selling, offering for sale, or distributing products in Minnesota should take swift action to ensure compliance with the new rule. This may include reviewing product offerings and contacting suppliers to determine whether products contain any intentionally added PFAS; preparing and submitting waivers or extension requests, if applicable; preparing trade secret protection requests, if applicable; and ultimately ensuring necessary reports and fees are submitted and paid.

If you have questions or would like to discuss, please contact the authors of this alert or any members of Clark Hill’s Environmental & Natural Resources team.

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