Cosmetic ingredient laws in Minnesota

(i) "Cosmetic" means articles, excluding soap:
(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; and
(2) intended for use as a component of any such article.

(j) "Currently unavoidable use" means a use of PFAS that the commissioner has determined by rule under this section to be essential for health, safety, or the functioning of society and for which alternatives are not reasonably available.

(l) "Intentionally added" means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function.

(o) "Manufacturer" means the person that creates or produces a product or whose brand name is affixed to the product. In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

(q) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(r) "Product" means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.
(s) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

[Subd. 2 as amended by Laws 2026, ch. 127, art. 14, sec. 4 (revisor markup retained):]
Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:
Subd. 2.
Information required.
(a) On or before January 1, 2026, a manufacturer of a product new text begin manufactured after July 1, 2023; new text end sold, offered for sale, or distributed in the statenew text begin ; andnew text end that contains intentionally added PFAS must submit to the commissioner information that includes:
(1) a brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
(2) the purpose for which PFAS are used in the product, including in any product components;
(3) the amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
(4) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
(5) any additional information requested by the commissioner as necessary to implement the requirements of this section.
(b) With the approval of the commissioner, a manufacturer may supply the information required in paragraph (a) for a category or type of product rather than for each individual product.
(c) A manufacturer must submit the information required under this subdivision whenever a new product that contains intentionally added PFAS is sold, offered for sale, or distributed in the state and update and revise the information whenever there is significant change in the information or when requested to do so by the commissioner.
(d) A person may not sell, offer for sale, or distribute for sale in the state a product containing intentionally added PFAS if the manufacturer has failed to provide the information required under this subdivision and the person has received notification under subdivision 4.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.

Subd. 3.Information requirement waivers; extensions.
(a) The commissioner may waive all or part of the information requirement under subdivision 2 if the commissioner determines that substantially equivalent information is already publicly available. The commissioner may grant a waiver under this paragraph to a manufacturer or a group of manufacturers for multiple products or a product category.
(b) For a pesticide regulated under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment regulated under chapter 18C, a manufacturer may satisfy the requirements of subdivision 2 by submitting the information required by that subdivision as part of its annual registration or approval process under chapter 18B or 18C. For information that is regulated under chapters 18B and 18C, the commissioner and the commissioner of agriculture must jointly determine whether to make the information publicly available based on applicable statutes.
(c) The commissioner may enter into an agreement with one or more other states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirement under subdivision 2.
(d) The commissioner may extend the deadline for submission by a manufacturer of the information required under subdivision 2 if the commissioner determines that more time is needed by the manufacturer to comply with the submission requirement.

Subd. 4.Testing required and certificate of compliance.
(a) If the commissioner has reason to believe that a product contains intentionally added PFAS and the product is being offered for sale in the state, the commissioner may direct the manufacturer of the product to, within 30 days, provide the commissioner with testing results that demonstrate the amount of each of the PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner.
(b) If testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide the commissioner a certificate attesting that the product does not contain intentionally added PFAS, including testing results and any other relevant information.
(c) If testing demonstrates that the product contains intentionally added PFAS, the manufacturer must provide the commissioner with the testing results and the information required under subdivision 2.
(d) A manufacturer must notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state and provide the commissioner with a list of the names and addresses of those notified.
(e) The commissioner may notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state.

Subd. 5.Prohibitions.
(a) Beginning January 1, 2025, a person may not sell, offer for sale, or distribute for sale in this state the following products if the product contains intentionally added PFAS:
(1) carpets or rugs;
(2) cleaning products;
(3) cookware;
(4) cosmetics;
(5) dental floss;
(6) fabric treatments;
(7) juvenile products;
(8) menstruation products;
(9) textile furnishings;
(10) ski wax; or
(11) upholstered furniture.
(b) Paragraph (a) does not prohibit the sale, offer for sale, or distribution for sale of a product that contains intentionally added PFAS only in electronic components or internal components.
(c) The commissioner may by rule identify additional products by category or use that may not be sold, offered for sale, or distributed for sale in this state if they contain intentionally added PFAS and designate effective dates. A prohibition adopted under this paragraph must be effective no earlier than January 1, 2025, and no later than January 1, 2032. The commissioner must prioritize the prohibition of the sale of product categories that, in the commissioner's judgment, are most likely to contaminate or harm the state's environment and natural resources if they contain intentionally added PFAS.
(d) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this state any product that contains intentionally added PFAS, unless the commissioner has determined by rule that the use of PFAS in the product is a currently unavoidable use. The commissioner may specify specific products or product categories for which the commissioner has determined the use of PFAS is a currently unavoidable use. The commissioner may not determine that the use of PFAS in a product is a currently unavoidable use if the product is listed in paragraph (a).
(e) The commissioner may not take action under paragraph (c) or (d) with respect to a pesticide, as defined under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment as defined under chapter 18C, unless the commissioner of agriculture approves the action.

Subd. 6.Fees.
The commissioner may establish by rule a fee payable by a manufacturer to the commissioner upon submission of the information required under subdivision 2 to cover the agency's reasonable costs to implement this section. Fees collected under this subdivision must be deposited in an account in the environmental fund.

Subd. 8.Exemptions.
(a) This section does not apply to:
(1) a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
(2) a product regulated under section 325F.072 or 325F.075; or
(3) the sale or resale of a used product.
(b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration.

[Minn. R. ch. 7026 excerpts:]
7026.0020 PARTIES RESPONSIBLE FOR REPORTING.
§
Subpart 1.
Scope.
A manufacturer or group of manufacturers of a product sold, offered for sale, or distributed in the state must submit a report that includes information about each product or component that contains intentionally added PFAS.
§
Subp. 2.
Reporting on behalf of other manufacturers.
All manufacturers must assume responsibility to report unless manufacturers in the same supply chain enter into an agreement to establish their respective reporting responsibilities. A manufacturer may submit the information required for reporting on behalf of another manufacturer in accordance with part 7026.0030 if the following requirements are met:
§
A.
the reporting manufacturer must notify any other manufacturer that is a party to the agreement that the reporting manufacturer has fulfilled the reporting requirements;
§
B.
all manufacturers must maintain documentation of a reporting responsibility agreement in accordance with part 7026.0080, subpart 3, and must provide the documentation to the commissioner upon request;
§
C.
all manufacturers must verify, in a format specified by the commissioner, that the data submitted on their behalf is accurate and complete in accordance with parts 7026.0030 and 7026.0040; and
§
D.
for the verification required under item C to be considered complete, all manufacturers must submit the fee required under part 7026.0100, subpart 2 or 3, as applicable.

7026.0030 REPORT; REQUIRED INFORMATION.
§
Subpart 1.
Report required.
A manufacturer or group of manufacturers of a product that is sold, offered for sale, or distributed in the state and that contains intentionally added PFAS must submit a report to the commissioner on or before January 1, 2026. A manufacturer or group of manufacturers of a new product with intentionally added PFAS after January 1, 2026, must submit a report by February 1 the following year. The report must include the following information in a format specified by the commissioner:
§
A.
a product description that includes:
§
(1)
a brief description of the product or a description of the category or type of product. Once established, the identical brief description of the product must be used during any reporting updates on the product.
§
(a)
The manufacturer may group together similar products comprised of homogenous materials if the products meet the following criteria:
§
i.
the PFAS chemical composition in the products are the same;
§
ii.
the PFAS chemicals in the products fall into the same reporting concentration ranges;
§
iii.
the PFAS chemicals in the products provide the same function in each product; and
§
iv.
the products have the same basic form and function and only differ in size, color, or other superficial qualities that do not impact the composition of the intentionally added PFAS.
§
(b)
If the product consists of multiple PFAS-containing components, the manufacturer must report each component under the product name provided in the brief description of the product. The manufacturer may group similar components listed within a product if the components meet the following criteria:
§
i.
the PFAS chemical composition in the components are the same;
§
ii.
the PFAS chemicals in the components fall into the same reporting concentration ranges;
§
iii.
the PFAS chemicals in the components provide the same function in each product component; and
§
iv.
the components have the same basic form and function in the final product and only differ in size, color, or other superficial qualities that do not impact the composition of the intentionally added PFAS; and
§
(2)
the numeric product codes assigned to the product. The numeric product codes are listed in units (a) to (d) in a hierarchy of the most preferred to least preferred for reporting. The most preferred numeric product code available must be reported. The multiple numeric product codes listed in unit (a) are equal in preference and any may be reported:
§
(a)
a code with root digits harmonized under the Global Product Classification system for consumer products, including brick or universal product codes or the harmonized tariff schedule code;
§
(b)
a nonharmonized code such as stock keeping units;
§
(c)
a numeric code that will be used on labels, listings, invoices, or receipts; or
§
(d)
if no numeric code has been assigned, report "none";
§
B.
PFAS chemicals used in the product or its components as identified by:
§
(1)
the chemical name; and
§
(2)
the Chemical Abstracts Service Registry number (CASRN) or, if no CASRN exists, another chemical identifying number;
§
C.
the concentration of PFAS chemicals in a product or components of a product made up of homogenous material. A manufacturer must report the concentration of PFAS chemicals as identified in subitem (1) or (2):
§
(1)
within the following ranges:
§
(a)
practical detection limit to <100 parts per million (ppm);
§
(b)
100 ppm to <1,000 ppm (0.1 percent);
§
(c)
1,000 ppm to <10,000 ppm (one percent);
§
(d)
10,000 ppm to <150,000 ppm (15 percent);
§
(e)
150,000 ppm to <300,000 ppm (30 percent);
§
(f)
300,000 ppm to <600,000 ppm (60 percent);
§
(g)
600,000 ppm to <900,000 ppm (90 percent);
§
(h)
90 to 100 percent; or
§
(i)
present but the amount or concentration range is unknown; or
§
(2)
the total organic fluorine, determined using commercially available analytical methods, if the amount of each PFAS is not known within applicable due diligence standards under part 7026.0080;
§
D.
the function that each PFAS chemical provides to the product or its components;
§
E.
manufacturer information, including:
§
(1)
name;
§
(2)
address; and
§
(3)
the North American Industry Classification System (NAICS) code, or if a NAICS code does not exist, the Standard Industrial Classification (SIC) code;
§
F.
information for the authorized representative of the manufacturer who has the authority to execute or direct others to execute reporting to the state, including the representative's:
§
(1)
name;
§
(2)
address;
§
(3)
email address; and
§
(4)
phone number; and
§
G.
an alternative to the authorized representative under item F, including:
§
(1)
name;
§
(2)
address;
§
(3)
email address; and
§
(4)
phone number.
§
Subp. 2.
Fee required.
For submission of the report required under subpart 1 to be considered complete, a manufacturer or group of manufacturers must submit the fee required under part 7026.0100, subpart 2.
§
Subp. 3.
Failure to submit.
A manufacturer that fails to submit the initial report under this part or the applicable fee under part 7026.0100 is subject to penalties under Minnesota Statutes, section 116.072.

7026.0040 REPORTING UPDATES.
§
Subpart 1.
Updates required.
§
A.
By February 1 each year, a manufacturer or group of manufacturers must submit an update to the report submitted under part 7026.0030 if during the previous calendar year:
§
(1)
a significant change was made to a product;
§
(2)
new product information was provided to a manufacturer; or
§
(3)
a new product was sold, offered for sale, or distributed in or into the state.
§
B.
The update must include the information required under part 7026.0030.

7026.0090 REPORTING EXEMPTIONS.
The following are exempt from the reporting requirements under parts 7026.0020 to 7026.0080:
§
A.
a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
§
B.
a product regulated under Minnesota Statutes, section 325F.072 or 325F.075;
§
C.
the sale or resale of a used product; and
§
D.
information regarding PFAS-containing products or components that is provided to any federal government agency and that is classified information as defined in United States Code, title 18, section 798.

7026.0100 FEES.
§
Subpart 1.
Fees required.
A manufacturer of products or components that is required to submit a report under part 7026.0030 or that submits a request under part 7026.0050 or 7026.0060 must pay a fee for the submittal to be considered complete.
§
Subp. 2.
Initial report.
A manufacturer must pay an $800 flat fee to submit the initial report under part 7026.0030, subpart 1. If a group of manufacturers is reporting or a manufacturer is reporting on behalf of multiple manufacturers as allowed under part 7026.0020, subpart 2, each individual manufacturer must pay the $800 fee.
§
Subp. 3.
Waiver request.
§
A.
A manufacturer or group of manufacturers that submits a reporting waiver request under part 7026.0050 must still pay the fee required under subpart 2.
§
B.
If the commissioner denies a waiver request, the manufacturer or group of manufacturers must submit a report according to part 7026.0030 but is not subject to duplicative fees under subpart 2.
§
C.
If a manufacturer or group of manufacturers reports information to the Department of Agriculture under Minnesota Statutes, section 116.943, subdivision 3, paragraph (b), they are not required to pay a fee under this subpart.
§
Subp. 4.
Extension request.
A manufacturer that submits an extension request under part 7026.0060 must pay a $300 fee as part of the extension request application. If a group of manufacturers requests an extension as allowed under part 7026.0060, subpart 4, each individual manufacturer must pay the $300 fee.
§
Subp. 5.
Inflation.
Beginning July 1, 2027, and each odd-numbered year thereafter, the unadjusted fee in subparts 2 to 4 must be adjusted for inflation using the aggregated annual consumer price index and becomes the new unadjusted fee rounded to the nearest dollar.

(i) "Cosmetic" means articles, excluding soap:
(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; and
(2) intended for use as a component of any such article.

(j) "Currently unavoidable use" means a use of PFAS that the commissioner has determined by rule under this section to be essential for health, safety, or the functioning of society and for which alternatives are not reasonably available.

(l) "Intentionally added" means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function.

(o) "Manufacturer" means the person that creates or produces a product or whose brand name is affixed to the product. In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

(q) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(r) "Product" means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.
(s) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

[Subd. 2 as amended by Laws 2026, ch. 127, art. 14, sec. 4 (revisor markup retained):]
Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:
Subd. 2.
Information required.
(a) On or before January 1, 2026, a manufacturer of a product new text begin manufactured after July 1, 2023; new text end sold, offered for sale, or distributed in the statenew text begin ; andnew text end that contains intentionally added PFAS must submit to the commissioner information that includes:
(1) a brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
(2) the purpose for which PFAS are used in the product, including in any product components;
(3) the amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
(4) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
(5) any additional information requested by the commissioner as necessary to implement the requirements of this section.
(b) With the approval of the commissioner, a manufacturer may supply the information required in paragraph (a) for a category or type of product rather than for each individual product.
(c) A manufacturer must submit the information required under this subdivision whenever a new product that contains intentionally added PFAS is sold, offered for sale, or distributed in the state and update and revise the information whenever there is significant change in the information or when requested to do so by the commissioner.
(d) A person may not sell, offer for sale, or distribute for sale in the state a product containing intentionally added PFAS if the manufacturer has failed to provide the information required under this subdivision and the person has received notification under subdivision 4.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.

Subd. 3.Information requirement waivers; extensions.
(a) The commissioner may waive all or part of the information requirement under subdivision 2 if the commissioner determines that substantially equivalent information is already publicly available. The commissioner may grant a waiver under this paragraph to a manufacturer or a group of manufacturers for multiple products or a product category.
(b) For a pesticide regulated under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment regulated under chapter 18C, a manufacturer may satisfy the requirements of subdivision 2 by submitting the information required by that subdivision as part of its annual registration or approval process under chapter 18B or 18C. For information that is regulated under chapters 18B and 18C, the commissioner and the commissioner of agriculture must jointly determine whether to make the information publicly available based on applicable statutes.
(c) The commissioner may enter into an agreement with one or more other states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirement under subdivision 2.
(d) The commissioner may extend the deadline for submission by a manufacturer of the information required under subdivision 2 if the commissioner determines that more time is needed by the manufacturer to comply with the submission requirement.

Subd. 4.Testing required and certificate of compliance.
(a) If the commissioner has reason to believe that a product contains intentionally added PFAS and the product is being offered for sale in the state, the commissioner may direct the manufacturer of the product to, within 30 days, provide the commissioner with testing results that demonstrate the amount of each of the PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner.
(b) If testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide the commissioner a certificate attesting that the product does not contain intentionally added PFAS, including testing results and any other relevant information.
(c) If testing demonstrates that the product contains intentionally added PFAS, the manufacturer must provide the commissioner with the testing results and the information required under subdivision 2.
(d) A manufacturer must notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state and provide the commissioner with a list of the names and addresses of those notified.
(e) The commissioner may notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state.

Subd. 5.Prohibitions.
(a) Beginning January 1, 2025, a person may not sell, offer for sale, or distribute for sale in this state the following products if the product contains intentionally added PFAS:
(1) carpets or rugs;
(2) cleaning products;
(3) cookware;
(4) cosmetics;
(5) dental floss;
(6) fabric treatments;
(7) juvenile products;
(8) menstruation products;
(9) textile furnishings;
(10) ski wax; or
(11) upholstered furniture.
(b) Paragraph (a) does not prohibit the sale, offer for sale, or distribution for sale of a product that contains intentionally added PFAS only in electronic components or internal components.
(c) The commissioner may by rule identify additional products by category or use that may not be sold, offered for sale, or distributed for sale in this state if they contain intentionally added PFAS and designate effective dates. A prohibition adopted under this paragraph must be effective no earlier than January 1, 2025, and no later than January 1, 2032. The commissioner must prioritize the prohibition of the sale of product categories that, in the commissioner's judgment, are most likely to contaminate or harm the state's environment and natural resources if they contain intentionally added PFAS.
(d) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this state any product that contains intentionally added PFAS, unless the commissioner has determined by rule that the use of PFAS in the product is a currently unavoidable use. The commissioner may specify specific products or product categories for which the commissioner has determined the use of PFAS is a currently unavoidable use. The commissioner may not determine that the use of PFAS in a product is a currently unavoidable use if the product is listed in paragraph (a).
(e) The commissioner may not take action under paragraph (c) or (d) with respect to a pesticide, as defined under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment as defined under chapter 18C, unless the commissioner of agriculture approves the action.

Subd. 6.Fees.
The commissioner may establish by rule a fee payable by a manufacturer to the commissioner upon submission of the information required under subdivision 2 to cover the agency's reasonable costs to implement this section. Fees collected under this subdivision must be deposited in an account in the environmental fund.

Subd. 8.Exemptions.
(a) This section does not apply to:
(1) a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
(2) a product regulated under section 325F.072 or 325F.075; or
(3) the sale or resale of a used product.
(b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration.

[Minn. R. ch. 7026 excerpts:]
7026.0020 PARTIES RESPONSIBLE FOR REPORTING.
§
Subpart 1.
Scope.
A manufacturer or group of manufacturers of a product sold, offered for sale, or distributed in the state must submit a report that includes information about each product or component that contains intentionally added PFAS.
§
Subp. 2.
Reporting on behalf of other manufacturers.
All manufacturers must assume responsibility to report unless manufacturers in the same supply chain enter into an agreement to establish their respective reporting responsibilities. A manufacturer may submit the information required for reporting on behalf of another manufacturer in accordance with part 7026.0030 if the following requirements are met:
§
A.
the reporting manufacturer must notify any other manufacturer that is a party to the agreement that the reporting manufacturer has fulfilled the reporting requirements;
§
B.
all manufacturers must maintain documentation of a reporting responsibility agreement in accordance with part 7026.0080, subpart 3, and must provide the documentation to the commissioner upon request;
§
C.
all manufacturers must verify, in a format specified by the commissioner, that the data submitted on their behalf is accurate and complete in accordance with parts 7026.0030 and 7026.0040; and
§
D.
for the verification required under item C to be considered complete, all manufacturers must submit the fee required under part 7026.0100, subpart 2 or 3, as applicable.

7026.0030 REPORT; REQUIRED INFORMATION.
§
Subpart 1.
Report required.
A manufacturer or group of manufacturers of a product that is sold, offered for sale, or distributed in the state and that contains intentionally added PFAS must submit a report to the commissioner on or before January 1, 2026. A manufacturer or group of manufacturers of a new product with intentionally added PFAS after January 1, 2026, must submit a report by February 1 the following year. The report must include the following information in a format specified by the commissioner:
§
A.
a product description that includes:
§
(1)
a brief description of the product or a description of the category or type of product. Once established, the identical brief description of the product must be used during any reporting updates on the product.
§
(a)
The manufacturer may group together similar products comprised of homogenous materials if the products meet the following criteria:
§
i.
the PFAS chemical composition in the products are the same;
§
ii.
the PFAS chemicals in the products fall into the same reporting concentration ranges;
§
iii.
the PFAS chemicals in the products provide the same function in each product; and
§
iv.
the products have the same basic form and function and only differ in size, color, or other superficial qualities that do not impact the composition of the intentionally added PFAS.
§
(b)
If the product consists of multiple PFAS-containing components, the manufacturer must report each component under the product name provided in the brief description of the product. The manufacturer may group similar components listed within a product if the components meet the following criteria:
§
i.
the PFAS chemical composition in the components are the same;
§
ii.
the PFAS chemicals in the components fall into the same reporting concentration ranges;
§
iii.
the PFAS chemicals in the components provide the same function in each product component; and
§
iv.
the components have the same basic form and function in the final product and only differ in size, color, or other superficial qualities that do not impact the composition of the intentionally added PFAS; and
§
(2)
the numeric product codes assigned to the product. The numeric product codes are listed in units (a) to (d) in a hierarchy of the most preferred to least preferred for reporting. The most preferred numeric product code available must be reported. The multiple numeric product codes listed in unit (a) are equal in preference and any may be reported:
§
(a)
a code with root digits harmonized under the Global Product Classification system for consumer products, including brick or universal product codes or the harmonized tariff schedule code;
§
(b)
a nonharmonized code such as stock keeping units;
§
(c)
a numeric code that will be used on labels, listings, invoices, or receipts; or
§
(d)
if no numeric code has been assigned, report "none";
§
B.
PFAS chemicals used in the product or its components as identified by:
§
(1)
the chemical name; and
§
(2)
the Chemical Abstracts Service Registry number (CASRN) or, if no CASRN exists, another chemical identifying number;
§
C.
the concentration of PFAS chemicals in a product or components of a product made up of homogenous material. A manufacturer must report the concentration of PFAS chemicals as identified in subitem (1) or (2):
§
(1)
within the following ranges:
§
(a)
practical detection limit to <100 parts per million (ppm);
§
(b)
100 ppm to <1,000 ppm (0.1 percent);
§
(c)
1,000 ppm to <10,000 ppm (one percent);
§
(d)
10,000 ppm to <150,000 ppm (15 percent);
§
(e)
150,000 ppm to <300,000 ppm (30 percent);
§
(f)
300,000 ppm to <600,000 ppm (60 percent);
§
(g)
600,000 ppm to <900,000 ppm (90 percent);
§
(h)
90 to 100 percent; or
§
(i)
present but the amount or concentration range is unknown; or
§
(2)
the total organic fluorine, determined using commercially available analytical methods, if the amount of each PFAS is not known within applicable due diligence standards under part 7026.0080;
§
D.
the function that each PFAS chemical provides to the product or its components;
§
E.
manufacturer information, including:
§
(1)
name;
§
(2)
address; and
§
(3)
the North American Industry Classification System (NAICS) code, or if a NAICS code does not exist, the Standard Industrial Classification (SIC) code;
§
F.
information for the authorized representative of the manufacturer who has the authority to execute or direct others to execute reporting to the state, including the representative's:
§
(1)
name;
§
(2)
address;
§
(3)
email address; and
§
(4)
phone number; and
§
G.
an alternative to the authorized representative under item F, including:
§
(1)
name;
§
(2)
address;
§
(3)
email address; and
§
(4)
phone number.
§
Subp. 2.
Fee required.
For submission of the report required under subpart 1 to be considered complete, a manufacturer or group of manufacturers must submit the fee required under part 7026.0100, subpart 2.
§
Subp. 3.
Failure to submit.
A manufacturer that fails to submit the initial report under this part or the applicable fee under part 7026.0100 is subject to penalties under Minnesota Statutes, section 116.072.

7026.0040 REPORTING UPDATES.
§
Subpart 1.
Updates required.
§
A.
By February 1 each year, a manufacturer or group of manufacturers must submit an update to the report submitted under part 7026.0030 if during the previous calendar year:
§
(1)
a significant change was made to a product;
§
(2)
new product information was provided to a manufacturer; or
§
(3)
a new product was sold, offered for sale, or distributed in or into the state.
§
B.
The update must include the information required under part 7026.0030.

7026.0090 REPORTING EXEMPTIONS.
The following are exempt from the reporting requirements under parts 7026.0020 to 7026.0080:
§
A.
a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
§
B.
a product regulated under Minnesota Statutes, section 325F.072 or 325F.075;
§
C.
the sale or resale of a used product; and
§
D.
information regarding PFAS-containing products or components that is provided to any federal government agency and that is classified information as defined in United States Code, title 18, section 798.

7026.0100 FEES.
§
Subpart 1.
Fees required.
A manufacturer of products or components that is required to submit a report under part 7026.0030 or that submits a request under part 7026.0050 or 7026.0060 must pay a fee for the submittal to be considered complete.
§
Subp. 2.
Initial report.
A manufacturer must pay an $800 flat fee to submit the initial report under part 7026.0030, subpart 1. If a group of manufacturers is reporting or a manufacturer is reporting on behalf of multiple manufacturers as allowed under part 7026.0020, subpart 2, each individual manufacturer must pay the $800 fee.
§
Subp. 3.
Waiver request.
§
A.
A manufacturer or group of manufacturers that submits a reporting waiver request under part 7026.0050 must still pay the fee required under subpart 2.
§
B.
If the commissioner denies a waiver request, the manufacturer or group of manufacturers must submit a report according to part 7026.0030 but is not subject to duplicative fees under subpart 2.
§
C.
If a manufacturer or group of manufacturers reports information to the Department of Agriculture under Minnesota Statutes, section 116.943, subdivision 3, paragraph (b), they are not required to pay a fee under this subpart.
§
Subp. 4.
Extension request.
A manufacturer that submits an extension request under part 7026.0060 must pay a $300 fee as part of the extension request application. If a group of manufacturers requests an extension as allowed under part 7026.0060, subpart 4, each individual manufacturer must pay the $300 fee.
§
Subp. 5.
Inflation.
Beginning July 1, 2027, and each odd-numbered year thereafter, the unadjusted fee in subparts 2 to 4 must be adjusted for inflation using the aggregated annual consumer price index and becomes the new unadjusted fee rounded to the nearest dollar.

(i) "Cosmetic" means articles, excluding soap:
(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; and
(2) intended for use as a component of any such article.

(j) "Currently unavoidable use" means a use of PFAS that the commissioner has determined by rule under this section to be essential for health, safety, or the functioning of society and for which alternatives are not reasonably available.

(l) "Intentionally added" means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function.

(o) "Manufacturer" means the person that creates or produces a product or whose brand name is affixed to the product. In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

(q) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(r) "Product" means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.
(s) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

[Subd. 2 as amended by Laws 2026, ch. 127, art. 14, sec. 4 (revisor markup retained):]
Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:
Subd. 2.
Information required.
(a) On or before January 1, 2026, a manufacturer of a product new text begin manufactured after July 1, 2023; new text end sold, offered for sale, or distributed in the statenew text begin ; andnew text end that contains intentionally added PFAS must submit to the commissioner information that includes:
(1) a brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
(2) the purpose for which PFAS are used in the product, including in any product components;
(3) the amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
(4) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
(5) any additional information requested by the commissioner as necessary to implement the requirements of this section.
(b) With the approval of the commissioner, a manufacturer may supply the information required in paragraph (a) for a category or type of product rather than for each individual product.
(c) A manufacturer must submit the information required under this subdivision whenever a new product that contains intentionally added PFAS is sold, offered for sale, or distributed in the state and update and revise the information whenever there is significant change in the information or when requested to do so by the commissioner.
(d) A person may not sell, offer for sale, or distribute for sale in the state a product containing intentionally added PFAS if the manufacturer has failed to provide the information required under this subdivision and the person has received notification under subdivision 4.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.

Subd. 3.Information requirement waivers; extensions.
(a) The commissioner may waive all or part of the information requirement under subdivision 2 if the commissioner determines that substantially equivalent information is already publicly available. The commissioner may grant a waiver under this paragraph to a manufacturer or a group of manufacturers for multiple products or a product category.
(b) For a pesticide regulated under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment regulated under chapter 18C, a manufacturer may satisfy the requirements of subdivision 2 by submitting the information required by that subdivision as part of its annual registration or approval process under chapter 18B or 18C. For information that is regulated under chapters 18B and 18C, the commissioner and the commissioner of agriculture must jointly determine whether to make the information publicly available based on applicable statutes.
(c) The commissioner may enter into an agreement with one or more other states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirement under subdivision 2.
(d) The commissioner may extend the deadline for submission by a manufacturer of the information required under subdivision 2 if the commissioner determines that more time is needed by the manufacturer to comply with the submission requirement.

Subd. 4.Testing required and certificate of compliance.
(a) If the commissioner has reason to believe that a product contains intentionally added PFAS and the product is being offered for sale in the state, the commissioner may direct the manufacturer of the product to, within 30 days, provide the commissioner with testing results that demonstrate the amount of each of the PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner.
(b) If testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide the commissioner a certificate attesting that the product does not contain intentionally added PFAS, including testing results and any other relevant information.
(c) If testing demonstrates that the product contains intentionally added PFAS, the manufacturer must provide the commissioner with the testing results and the information required under subdivision 2.
(d) A manufacturer must notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state and provide the commissioner with a list of the names and addresses of those notified.
(e) The commissioner may notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state.

Subd. 5.Prohibitions.
(a) Beginning January 1, 2025, a person may not sell, offer for sale, or distribute for sale in this state the following products if the product contains intentionally added PFAS:
(1) carpets or rugs;
(2) cleaning products;
(3) cookware;
(4) cosmetics;
(5) dental floss;
(6) fabric treatments;
(7) juvenile products;
(8) menstruation products;
(9) textile furnishings;
(10) ski wax; or
(11) upholstered furniture.
(b) Paragraph (a) does not prohibit the sale, offer for sale, or distribution for sale of a product that contains intentionally added PFAS only in electronic components or internal components.
(c) The commissioner may by rule identify additional products by category or use that may not be sold, offered for sale, or distributed for sale in this state if they contain intentionally added PFAS and designate effective dates. A prohibition adopted under this paragraph must be effective no earlier than January 1, 2025, and no later than January 1, 2032. The commissioner must prioritize the prohibition of the sale of product categories that, in the commissioner's judgment, are most likely to contaminate or harm the state's environment and natural resources if they contain intentionally added PFAS.
(d) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this state any product that contains intentionally added PFAS, unless the commissioner has determined by rule that the use of PFAS in the product is a currently unavoidable use. The commissioner may specify specific products or product categories for which the commissioner has determined the use of PFAS is a currently unavoidable use. The commissioner may not determine that the use of PFAS in a product is a currently unavoidable use if the product is listed in paragraph (a).
(e) The commissioner may not take action under paragraph (c) or (d) with respect to a pesticide, as defined under chapter 18B, a fertilizer, an agricultural liming material, a plant amendment, or a soil amendment as defined under chapter 18C, unless the commissioner of agriculture approves the action.

Subd. 6.Fees.
The commissioner may establish by rule a fee payable by a manufacturer to the commissioner upon submission of the information required under subdivision 2 to cover the agency's reasonable costs to implement this section. Fees collected under this subdivision must be deposited in an account in the environmental fund.

Subd. 8.Exemptions.
(a) This section does not apply to:
(1) a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
(2) a product regulated under section 325F.072 or 325F.075; or
(3) the sale or resale of a used product.
(b) Subdivisions 4 and 5 do not apply to a prosthetic or orthotic device or to any product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration.

[Minn. R. ch. 7026 excerpts:]
7026.0020 PARTIES RESPONSIBLE FOR REPORTING.
§
Subpart 1.
Scope.
A manufacturer or group of manufacturers of a product sold, offered for sale, or distributed in the state must submit a report that includes information about each product or component that contains intentionally added PFAS.
§
Subp. 2.
Reporting on behalf of other manufacturers.
All manufacturers must assume responsibility to report unless manufacturers in the same supply chain enter into an agreement to establish their respective reporting responsibilities. A manufacturer may submit the information required for reporting on behalf of another manufacturer in accordance with part 7026.0030 if the following requirements are met:
§
A.
the reporting manufacturer must notify any other manufacturer that is a party to the agreement that the reporting manufacturer has fulfilled the reporting requirements;
§
B.
all manufacturers must maintain documentation of a reporting responsibility agreement in accordance with part 7026.0080, subpart 3, and must provide the documentation to the commissioner upon request;
§
C.
all manufacturers must verify, in a format specified by the commissioner, that the data submitted on their behalf is accurate and complete in accordance with parts 7026.0030 and 7026.0040; and
§
D.
for the verification required under item C to be considered complete, all manufacturers must submit the fee required under part 7026.0100, subpart 2 or 3, as applicable.

7026.0030 REPORT; REQUIRED INFORMATION.
§
Subpart 1.
Report required.
A manufacturer or group of manufacturers of a product that is sold, offered for sale, or distributed in the state and that contains intentionally added PFAS must submit a report to the commissioner on or before January 1, 2026. A manufacturer or group of manufacturers of a new product with intentionally added PFAS after January 1, 2026, must submit a report by February 1 the following year. The report must include the following information in a format specified by the commissioner:
§
A.
a product description that includes:
§
(1)
a brief description of the product or a description of the category or type of product. Once established, the identical brief description of the product must be used during any reporting updates on the product.
§
(a)
The manufacturer may group together similar products comprised of homogenous materials if the products meet the following criteria:
§
i.
the PFAS chemical composition in the products are the same;
§
ii.
the PFAS chemicals in the products fall into the same reporting concentration ranges;
§
iii.
the PFAS chemicals in the products provide the same function in each product; and
§
iv.
the products have the same basic form and function and only differ in size, color, or other superficial qualities that do not impact the composition of the intentionally added PFAS.
§
(b)
If the product consists of multiple PFAS-containing components, the manufacturer must report each component under the product name provided in the brief description of the product. The manufacturer may group similar components listed within a product if the components meet the following criteria:
§
i.
the PFAS chemical composition in the components are the same;
§
ii.
the PFAS chemicals in the components fall into the same reporting concentration ranges;
§
iii.
the PFAS chemicals in the components provide the same function in each product component; and
§
iv.
the components have the same basic form and function in the final product and only differ in size, color, or other superficial qualities that do not impact the composition of the intentionally added PFAS; and
§
(2)
the numeric product codes assigned to the product. The numeric product codes are listed in units (a) to (d) in a hierarchy of the most preferred to least preferred for reporting. The most preferred numeric product code available must be reported. The multiple numeric product codes listed in unit (a) are equal in preference and any may be reported:
§
(a)
a code with root digits harmonized under the Global Product Classification system for consumer products, including brick or universal product codes or the harmonized tariff schedule code;
§
(b)
a nonharmonized code such as stock keeping units;
§
(c)
a numeric code that will be used on labels, listings, invoices, or receipts; or
§
(d)
if no numeric code has been assigned, report "none";
§
B.
PFAS chemicals used in the product or its components as identified by:
§
(1)
the chemical name; and
§
(2)
the Chemical Abstracts Service Registry number (CASRN) or, if no CASRN exists, another chemical identifying number;
§
C.
the concentration of PFAS chemicals in a product or components of a product made up of homogenous material. A manufacturer must report the concentration of PFAS chemicals as identified in subitem (1) or (2):
§
(1)
within the following ranges:
§
(a)
practical detection limit to <100 parts per million (ppm);
§
(b)
100 ppm to <1,000 ppm (0.1 percent);
§
(c)
1,000 ppm to <10,000 ppm (one percent);
§
(d)
10,000 ppm to <150,000 ppm (15 percent);
§
(e)
150,000 ppm to <300,000 ppm (30 percent);
§
(f)
300,000 ppm to <600,000 ppm (60 percent);
§
(g)
600,000 ppm to <900,000 ppm (90 percent);
§
(h)
90 to 100 percent; or
§
(i)
present but the amount or concentration range is unknown; or
§
(2)
the total organic fluorine, determined using commercially available analytical methods, if the amount of each PFAS is not known within applicable due diligence standards under part 7026.0080;
§
D.
the function that each PFAS chemical provides to the product or its components;
§
E.
manufacturer information, including:
§
(1)
name;
§
(2)
address; and
§
(3)
the North American Industry Classification System (NAICS) code, or if a NAICS code does not exist, the Standard Industrial Classification (SIC) code;
§
F.
information for the authorized representative of the manufacturer who has the authority to execute or direct others to execute reporting to the state, including the representative's:
§
(1)
name;
§
(2)
address;
§
(3)
email address; and
§
(4)
phone number; and
§
G.
an alternative to the authorized representative under item F, including:
§
(1)
name;
§
(2)
address;
§
(3)
email address; and
§
(4)
phone number.
§
Subp. 2.
Fee required.
For submission of the report required under subpart 1 to be considered complete, a manufacturer or group of manufacturers must submit the fee required under part 7026.0100, subpart 2.
§
Subp. 3.
Failure to submit.
A manufacturer that fails to submit the initial report under this part or the applicable fee under part 7026.0100 is subject to penalties under Minnesota Statutes, section 116.072.

7026.0040 REPORTING UPDATES.
§
Subpart 1.
Updates required.
§
A.
By February 1 each year, a manufacturer or group of manufacturers must submit an update to the report submitted under part 7026.0030 if during the previous calendar year:
§
(1)
a significant change was made to a product;
§
(2)
new product information was provided to a manufacturer; or
§
(3)
a new product was sold, offered for sale, or distributed in or into the state.
§
B.
The update must include the information required under part 7026.0030.

7026.0090 REPORTING EXEMPTIONS.
The following are exempt from the reporting requirements under parts 7026.0020 to 7026.0080:
§
A.
a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
§
B.
a product regulated under Minnesota Statutes, section 325F.072 or 325F.075;
§
C.
the sale or resale of a used product; and
§
D.
information regarding PFAS-containing products or components that is provided to any federal government agency and that is classified information as defined in United States Code, title 18, section 798.

7026.0100 FEES.
§
Subpart 1.
Fees required.
A manufacturer of products or components that is required to submit a report under part 7026.0030 or that submits a request under part 7026.0050 or 7026.0060 must pay a fee for the submittal to be considered complete.
§
Subp. 2.
Initial report.
A manufacturer must pay an $800 flat fee to submit the initial report under part 7026.0030, subpart 1. If a group of manufacturers is reporting or a manufacturer is reporting on behalf of multiple manufacturers as allowed under part 7026.0020, subpart 2, each individual manufacturer must pay the $800 fee.
§
Subp. 3.
Waiver request.
§
A.
A manufacturer or group of manufacturers that submits a reporting waiver request under part 7026.0050 must still pay the fee required under subpart 2.
§
B.
If the commissioner denies a waiver request, the manufacturer or group of manufacturers must submit a report according to part 7026.0030 but is not subject to duplicative fees under subpart 2.
§
C.
If a manufacturer or group of manufacturers reports information to the Department of Agriculture under Minnesota Statutes, section 116.943, subdivision 3, paragraph (b), they are not required to pay a fee under this subpart.
§
Subp. 4.
Extension request.
A manufacturer that submits an extension request under part 7026.0060 must pay a $300 fee as part of the extension request application. If a group of manufacturers requests an extension as allowed under part 7026.0060, subpart 4, each individual manufacturer must pay the $300 fee.
§
Subp. 5.
Inflation.
Beginning July 1, 2027, and each odd-numbered year thereafter, the unadjusted fee in subparts 2 to 4 must be adjusted for inflation using the aggregated annual consumer price index and becomes the new unadjusted fee rounded to the nearest dollar.

325F.176 DEFINITIONS. (a) For the purposes of sections 325F.176 to 325F.178, the following terms have the meanings given them. (b) "Child" means a person under eight years of age. (c) "Children's product" means a product primarily designed or intended by a manufacturer to be physically applied to or introduced into a child's body, including any article used as a component of such a product and excluding a food, beverage, dietary supplement, pharmaceutical product or biologic, children's toys that are covered by the ASTM International F963 standard for Toy Safety, or a medical device as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h), as amended through February 15, 2013. (d) "Intentionally added chemical" means a chemical in a product that serves an intended function in the product. History: 2013 c 58 s 1; 2014 c 277 s 9
325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN. (a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for sale in this state a children's product that intentionally contains: (1) formaldehyde, including formaldehyde contained in a solution; or (2) intentionally added chemical ingredients that chemically degrade under normal conditions of temperature and pressure to release free formaldehyde at levels exceeding a de minimis level of 0.05 percent. (b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a children's product that intentionally contains: (1) formaldehyde, including formaldehyde contained in a solution; or (2) intentionally added chemical ingredients that chemically degrade under normal conditions of temperature and pressure to release free formaldehyde at levels exceeding a de minimis level of 0.05 percent. History: 2013 c 58 s 2; 2014 c 277 s 10
325F.178 FORMALDEHYDE REPLACEMENT CHEMICALS. (a) A manufacturer shall not replace a chemical whose use is prohibited in section 325F.175 with a chemical known to the manufacturer to have been identified on the basis of credible scientific evidence by a state, federal, or international agency as being known or suspected with a high degree of probability to: (1) harm the normal development of a fetus or child or cause other developmental toxicity; (2) cause cancer, genetic damage, or reproductive harm; (3) disrupt the endocrine or hormone system; or (4) damage the nervous system, immune system, or organs, or cause other systemic toxicity. (b) For the purposes of this section, international agency does not include an agency affiliated with a country on the U.S. Department of State list of state sponsors of terrorism or the U.S. Department of Treasury list of countries with trade restrictions or sanctions. History: 2013 c 58 s 3

Subd. 8i.Ban; mercury in cosmetics, toiletries, and fragrances. After January 1, 2008, a person may not sell, offer for sale, or distribute in the state a cosmetic, toiletry, or fragrance product containing mercury.
Subd. 10.Definition of mercury-containing. For the purposes of this section, "mercury-containing" or "containing mercury" means that the product, component of a product, or chemical formulation contains intentionally added mercury.