MN SF 20 (2021) / Minn. Stat. 325F.075 — View source legislation
Minnesota's PFAS food packaging ban, enacted through the 2023 Omnibus Environment Bill (HF 2310) and effective January 1, 2024, is notable because its broad statutory language may extend liability beyond manufacturers and distributors to food service operators. Under MN Stat. 325F.075, the law covers those who 'knowingly sell, offer for sale, distribute for sale, distribute, or offer for use' PFAS-containing food packaging — language that could potentially include restaurants and other end users, though end users are not explicitly named in the statute.
Penalties under MN Stat. 115.071 subd. 3 reach up to $15,000 per day of violation, and the law covers all food packaging materials, not just plant fiber-based products. The statute includes a 'knowingly' qualifier, which means that a business acting in good faith based on supplier representations may have a defense. However, the scope of 'knowingly' in enforcement is an open question. Consult qualified legal counsel for interpretation specific to your business.
Many of Minnesota's food service businesses — from Minneapolis and St. Paul restaurants to food trucks and catering companies — are taking proactive steps: independently verifying packaging with suppliers, maintaining written documentation, and building records of their compliance efforts. Whether or not the statute ultimately applies to a particular business, documentation of good faith efforts is generally viewed as prudent.
MN SF 20 (2021) / Minn. Stat. 325F.075
All food packaging
Prohibits PFAS in ALL food packaging. Uniquely among US states, Minnesota explicitly covers end USERS of packaging (restaurants, food trucks, caterers) — not just manufacturers and distributors. The statute uses 'knowingly' language — operators must 'knowingly sell, offer for sale, or distribute' PFAS-containing packaging.
Civil: up to $15,000 per violation
Civil penalties up to $15,000 per day of violation under MN Stat. 115.071 subd. 3 (updated 2024). Food service operators may be liable — the statute covers anyone who 'knowingly sell[s], offer[s] for sale, distribute[s] for sale, distribute[s], or offer[s] for use' PFAS-containing packaging.
Minnesota's statute language may extend liability to food service operators (restaurants, food trucks, caterers) — not just manufacturers and distributors. Many businesses in this jurisdiction independently verify their packaging rather than relying solely on supplier representations. Consult qualified counsel for guidance on your specific obligations.
Exemptions
Under MN SF 20 (2021) / Minn. Stat. 325F.075, the statute's scope in Minnesotamay extend to food service operators — not just manufacturers and distributors. Many businesses in this jurisdiction independently verify their packaging compliance. Consider reviewing the full statute text and consulting with qualified counsel for your specific situation.
Understand the Statute's Potential Scope
Minnesota's broad statutory language may extend to food service operators. Unlike most states where liability clearly falls on manufacturers and distributors, Minnesota's statute uses language that could potentially include end users. Consult qualified counsel for interpretation.
Build a Good Faith Defense File
The "knowingly" qualifier provides a defense, but it requires documentation. Collect written PFAS-free certifications from every packaging supplier and keep records of your compliance inquiries and due diligence efforts.
Verify All Packaging Materials Independently
Because the ban covers all food packaging (not just plant fiber), verify every item: plastic takeout containers, foam products, paper wraps, bags, and any other food-contact packaging. Do not assume any material is automatically safe.
Consider Third-Party Testing for High-Risk Items
For packaging where supplier documentation is unclear or unavailable, consider commissioning third-party TOF (total organic fluorine) testing. The cost of a lab test is far less than the $10,000 per violation penalty.
Use our free compliance checker to verify your food packaging meets Minnesota's PFAS regulations.
Run Free Regulation CheckLegal Disclaimer
This page provides general information about Minnesota's PFAS food packaging regulations and is not legal advice. Regulations may change; always verify current requirements with the relevant regulatory authority. PFAS Packaging Check is an information tool — consult qualified legal counsel for advice specific to your situation.