The Toy Association™ submitted comments on May 21 to the Minnesota Pollution Control Agency (MPCA) in response to its draft rules on PFAS (per- and polyfluoroalkyl substances) in products.

The draft rules establish a program requiring manufacturers to report extensive information about any product sold, offered for sale, or distributed in Minnesota that contains intentionally added PFAS. However, as currently written, the rules are impractical and do not take real-world supply chain considerations into account.

The Toy Association outlined a number of issues in the rules, including the January 1, 2026 reporting deadline; the lack of clear definitions around PFAS and “intentionally added” substances; the absence of de minimis thresholds; and the unsustainable per-product reporting and fee structures.

“These draft rules impact all industries, not just toys,” said Jos Huxley, senior vice president of technical affairs at The Toy Association. “Requiring compliance on such an accelerated timeline, especially when the digital reporting tools for compliance don’t yet exist, will make it impossible for manufacturers to comply.”

The comments urge the MPCA to reconsider the implementation timeline, clarify definitions that better reflect manufacturing realities, and significantly reduce or restructure the fee model. The Toy Association called for a collaborative approach to PFAS policy that achieves environmental goals without disrupting commerce or businesses trying in good faith to comply.

The Toy Association will continue to keep its members apprised of developments on this issue. Questions from members may be directed to The Toy Association’s Jos Huxley, senior vice president of technical affairs, and Charlotte Hickcox, director of state government affairs.