PFAS Reporting Requirements
Manufacturers are required to report intentionally added Per-and Polyfluoroalkyl Substances (PFAS) in products that are sold in Minnesota and New Mexico. This impacts companies who sell products into Minnesota and New Mexico, regardless of where those products are manufactured. These rules apply to articles, small concentrations, and other products which may otherwise be exempt from other EPA-required reporting.
In Minnesota, the reporting requirement is part of Amara’s law. The law requires reporting a description of the product, the functions of PFAS in that product, the amount of each type of PFAS in that product, other required information, and an $800 fee. Products manufactured before July 1, 2023, are excluded. The initial report is due to the Minnesota Pollution Control Agency (MPCA) by September 15, 2026. Revisions to the reports are due February 1st of each year to include any new products or changes to existing products.
In New Mexico, the reporting requirement is part of PFAS Protection Act (HB212). The law requires reporting a description of the product, the functions of PFAS in that product, the amount of each type of PFAS in that product, other required information, and a $2,500 fee. The initial report is due to the New Mexico Environment Department (NMED) by January 1, 2027. The subsequent reports are due within 30 days of a significant change to the information the manufacturer previously submitted or upon the request of NMED.
Report Details
Reporting focuses on intentionally added PFAS at any point in the supply chain and requires due diligence by manufacturers to contact their suppliers and potentially complete testing for PFAS.
The information required on each states’ report is similar, and generally includes:
- A brief description of the product or a description of the category or type of product
- Similar products can be grouped together if they are composed of homogenous materials and meet specified criteria
- 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 manufacturer can report this either by the concentration range of the total organic fluorine
- 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
- An alternative to the authorized representative
A complete list of required information can be found in Minn. R. ch. 7026.0030 and the New Mexico PFAS Protection Act.
Labeling Details
New Mexico’s rule also requires products with intentionally added PFAS to label products and potentially also packaging and pre-sale marketing materials. There are fewer exemptions from labeling than there are for reporting, meaning that more products may require a label than would need to be reported. The labeling information is also much less extensive than the reporting; only a pictogram of an Erlenmeyer flask with “PFAS” is required. Labeling is also required by the January 1, 2027 deadline. Guidance for manufactures can be found here.
Upcoming Prohibitions and Potential for Exemptions
New Mexico and Minnesota’s rules also enact a ban starting in 2032 on all intentionally added PFAS unless in an exempt category or a Currently Unavoidable Use (CUU) exemption is obtained. CUU determinations are completed case-by-case based on agency review of a manufacturer’s application detailing the necessity of the product and the PFAS in the product for public health and safety and the lack of availability or feasibility of non-PFAS alternatives.
Minnesota Rulemaking Background
This rulemaking started in May 2023 when the MPCA passed Amara’s law prohibiting non-essential Per-and Polyfluoroalkyl Substances (PFAS) use in commercial products sold or distributed in Minnesota. This ban does not apply to products that contain intentionally added PFAS only in electronic components or internal components. The provisions under Amara’s law take effect in stages between January 1, 2025, and January 1, 2032, when sales of products containing intentionally added PFAS will be prohibited in Minnesota, except for those determined to involve currently unavoidable uses of PFAS.
The current categories with prohibitions are described in further detail on the MPCA’s 2025 PFAS prohibitions webpage. The prohibition also applies to packaging used with the products in those categories. These categories are in addition to prohibitions that took effect on January 1, 2024 on PFAS in firefighting foam and food packaging. The MPCA will not directly notify manufacturers if their products might be prohibited and it is up to each manufacturer to be aware of the regulations and updates that might be applicable to their products.
New Mexico Rulemaking Background
The PFAS Protection Act, passed as House Bill 212 in the 2025 Legislative Session, phases out products in the state with intentionally added PFAS by prohibiting the sale or distribution of these products in New Mexico. It requires manufacturers to report information about intentionally added PFAS in products for sale in New Mexico and label products to indicate the presence of intentionally added PFAS. The Final Rule was published in the New Mexico Register on May 5, 2026, and it can be viewed here.
Manufacturers must remove from sale or distribution in New Mexico any consumer products containing intentionally added PFAS that fall within certain product categories. The provisions take effect in stages between January 1, 2027, and January 1, 2032, when sales of products containing intentionally added PFAS will be prohibited in New Mexico, except for those determined to involve currently unavoidable uses of PFAS. The categories with upcoming prohibitions are described in further detail on the NMED’s PFAS Protection Act (HB212) webpage.
Trinity is Available to Help
If your facility is subject to the PFAS reporting requirements in Minnesota or New Mexico, Trinity is available to support. Please attend our free webinar on July 29, 2026. For more information on this topic, please contact Russell Novotny or John Goetze by email or Trinity’s Minneapolis Office at 651.275.9900.
