Maine enacted a law in July 2021 requiring manufacturers of products containing intentionally added Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) to report to the Maine Department of Environmental Protection by January 1, 2023. Moreover, the sale of products containing intentionally added PFAS will be prohibited within the state effective January 1, 2030. This will affect a wide range of consumer products and components, such as paper and cardboard packaging, cosmetics, textiles, among others.
While there is no published list of chemicals that meet the definition of PFAF, the statute requires any chemical containing at least one fully fluorinated carbon atom (a carbon atom on which all the hydrogen substituents have been replaced by fluorine) that is intentionally added to a product to be reported to the Department. Provided is a webpage of chemicals considered PFAS by the FDA, which, while not exhaustive, provides some clarity on what compounds are considered within the definition of PFAS.
Manufacturers impacted by this new legislation may request an extension if the presence of PFAS in their products is unknown and/or if they cannot provide sufficient information to meet the reporting requirements in Maine law by the reporting deadline.
Don’t hesitate to contact us if you have any questions about this update or would like our assistance determining if this new legislation could impact your products.