In May 2023, the State of Minnesota enacted Amara’s Law (Minn. Stat. § 116.943) to end avoidable per- and polyfluoroalkyl substances (PFAS) use in Minnesota by 2032. Amara’s Law requires manufacturers to report products containing intentionally added PFAS that are sold, offered for sale, or distributed in the state. Manufacturers must also pay a one-time reporting fee.
The statute requires including a description of each product, the purposes and function of any PFAS intentionally added to the product, and the amount of PFAS within each product, as well as additional supporting information. All products with intentionally added PFAS manufactured after July 1, 2023, and sold, offered for sale, or distributed in the state must have the initial report submitted by September 15, 2026, unless they have received a waiver or extension.
Who May Be Impacted?
The rule is applicable to manufacturers of products containing intentionally added PFAS that are sold, offered for sale, or distributed in the state. A manufacturer includes:
- The entity that produces the product
- The entity that contracts production of the product under its brand or label
- The importer or first domestic distributor if the producer/brand owner has no US presence
Under Minnesota Rule 7026.0010, Subpart 9, “distributed in the state” has been defined as including products that are leased, rented, or otherwise distributed.
What Products Are Covered?
With some exceptions, all products are to be reported if they 1) were manufactured after July 1, 2023; 2) were sold, offered for sale, or distributed in the state; and 3) intentionally contain PFAS. Products manufactured prior to July 1, 2023, are excluded from this reporting requirement. Products that are also exempt from reporting include the following:
- Products where federal law controls PFAS presence and preempts state authority
- Products regulated under Minn. Stat. § 325F.072 or 325F.075 (i.e., firefighting foam and food packaging)
- Products that have been previously installed, operated, or utilized (this does not apply to products returned to a retailer or offered for resale if they were never used)
- PFAS-containing products or components submitted to a federal agency and designated as classified under 18 U.S.C. § 798
How Do I Comply?
Minnesota’s reporting requirement is conducted through Minnesota Pollution Control Agency’s (MPCA) PFAS Reporting Information System for Manufacturers (PRISM version 1.3 July 2026). The creation of a PRISM account is necessary to draft and complete reports, as well as pay reporting fees. There is a one-time reporting fee of $800 per manufacturer.
MPCA has stated that manufacturers may report on behalf of retailers who sell their product, and consultants or trade associations may report on behalf of manufacturers with their permission. Streamlined reporting options and training tools are also available to assist in reporting.
MPCA notes that once a user’s report status is “submitted” and the payment status is “complete,” “they have completed the initial reporting requirements and are compliant with reporting requirements.” Following the initial submittal, reports are to be updated annually by February 1 of each year to capture new information.
How Can EHS Support Help?
Compliance with this new rule may be complicated with a fast-approaching deadline. Companies should act soon to understand how Amara’s Law may impact their business. EHS Support has a reputation for developing innovative approaches for client advocacy and offers a wide range of services to support your PFAS challenges in the changing regulatory landscape.
Reach out to Dana McCue or Beth Hesse today and explore how the EHS Support team can help you stay in compliance with PFAS regulations and achieve your goals.
References
Interstate Chemicals Clearinghouse (IC2). PFAS Reporting Information System for Manufacturers (PRISM).
