Questions about PFAS reporting
Plain answers about who has to file, what goes in a report, and how we work. Can't find yours? Ask us.
The basics
What are PFAS, and why do states want reports?
PFAS (per- and polyfluoroalkyl substances) are a large family of fluorinated chemicals used for water, stain and grease resistance and for nonstick surfaces. They break down very slowly, which is why they're called "forever chemicals." States want reports so they know which products contain them, and several are phasing out sales altogether.
What does "intentionally added" mean?
PFAS deliberately added during manufacturing because it does something in the final product: a fluorinated water-repellent finish, a PTFE nonstick coating or membrane, a fluorinated ski wax. Trace contamination you didn't add is generally not intentionally added. Where a case is borderline, we'll flag it for your counsel.
Which states require reports right now?
Minnesota, Washington and New Mexico require reports, and Connecticut requires a notice before sale. The state guide covers each one, and the scope checker shows which apply to your products.
Does this apply to me?
Do I have to file if my products are made overseas?
Usually, yes. These laws look at whose brand is on the product. If your brand is on it and it's sold in the state, the duty typically sits with you, not your factory. If the maker has no US presence, the importer or first US distributor is usually responsible.
We only sell online. Do we "sell in" these states?
If you ship orders to addresses in the state, generally yes. Selling through a retailer or Amazon that distributes there counts too.
We think our products are PFAS-free. Is there anything to do?
Possibly very little. What matters is having it in writing: a signed supplier declaration for each material. A Scope Check confirms where you stand and gives you the paper trail that retailers with PFAS policies ask for.
Our old stock was made before these laws. Does it count?
It depends on the state. Minnesota excludes products manufactured before July 1, 2023, and Washington's reporting covers products made from January 1, 2026. Connecticut's notice applies to covered products sold now. We sort this out product by product in the Scope Check.
Filing
I missed Minnesota's September 15 deadline. What now?
File as soon as you can, with a record of your efforts to get supplier information. Minnesota's penalty statute caps administrative penalties at $25,000 per inspection and generally requires a penalty to be forgiven once the violation is corrected, unless it's repeated or serious. MPCA hasn't published a cutoff for late reports.
What if my suppliers don't answer?
Many won't the first time. We follow up on a fixed schedule, in their language, and bring in your buyer when it helps. If there's still no answer by the deadline, we file what's known, mark the rest as unknown where the state allows, and keep chasing for your next update.
Do you file for us, or do we have to?
In Minnesota we file as your consultant through PRISM. For Washington, New Mexico and Connecticut, consultant filing isn't confirmed yet; where a state requires the manufacturer to submit, we prepare everything and walk you through submitting it in your own account.
Do we need lab testing?
Usually not to file in Minnesota, Washington or Connecticut, which accept supplier information. New Mexico's rule asks for documentation of analytical results, and whether supplier data satisfies that is an open question with the state. Testing also helps when a supplier won't answer. We refer you to an independent lab and you pay them directly.
Is our product data made public?
Some of it can be. Minnesota publishes reports after review, except information the state accepts as a trade secret. We'll flag where a trade-secret claim might apply so you can decide.
Working with us
Are you lawyers?
No. We prepare and file reports and tell you what the rules say. Anything that needs a legal opinion, we flag for your attorney, and we're glad to work alongside them.
How long does it take?
The Scope Check is one call plus a summary the next business day. Supplier answers usually take 2 to 4 weeks. We file within 10 business days of having the answers.
How is our data kept confidential?
Product, supplier and chemical information is used only for your filings and kept in access-controlled accounts with two-factor authentication. We'll sign your NDA if you have one.
What does it cost?
$250 for a Scope Check, $750 for Washington or Connecticut, $1,250 for New Mexico or a Minnesota late report, $2,950 for the Multi-State Pack ($3,450 from December 1), $149 a month or $1,490 a year for the Care Plan, and $79 a month for Monitor, with state fees paid separately. Full pricing.
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