Minnesota PFAS Reporting Requirements Take Effect as Court Blocks New Mexico Labeling Mandate

New state requirements for per- and polyfluoroalkyl substances (PFAS) continue to create significant compliance and supply chain challenges for recreational boat builders and marine manufacturers. There are approximately 3,000 recreational boat builders across the U.S., 93% of which are small businesses. Rather than directly producing PFAS-containing products, marine manufacturers assemble thousands of components sourced from hundreds of independent suppliers. For small boat builders, obtaining detailed chemical information for every part and subassembly is impracticable, and they often lack the leverage to compel suppliers to disclose that information.

Minnesota's PFAS reporting deadline was September 15, requiring all manufacturers of products made on or after July 1, 2023, that contain intentionally added PFAS and are sold or distributed in Minnesota to submit detailed reports through the PFAS Reporting and Information System for Manufacturers (PRISM) to the Minnesota Pollution Control Agency (MPCA), along with an associated fee. As a member benefit, NMMA has developed guidance to help navigate the requirements.

In New Mexico, recreational boat manufacturing is exempt from the state's PFAS reporting requirements but would be subject to warning label requirements that were scheduled to take effect January 1, 2027. These labeling requirements remain a significant concern for the recreational boating industry.

On September 16, a federal court granted a preliminary injunction blocking enforcement of New Mexico's PFAS labeling requirement while an industry coalition's legal challenge moves forward. In granting the injunction, the court found that the coalition has a strong legal basis for its challenge and could ultimately succeed in having the labeling requirement struck down. The injunction will remain in place while the legal challenge moves forward.

NMMA is closely monitoring the legal challenge while advocating for an approach that avoids unnecessary burdens on recreational boat manufacturing.

Across both states, NMMA is fighting for practical PFAS policies that recognize the complexity of recreational boats, their components, and global, multi-tiered supply chains while protecting marine manufacturers from unworkable compliance requirements.