On April 16, 2024, Maine introduced significant amendments to its state law regulating the sale of products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Previously, manufacturers were mandated to report the PFAS content of all the products sold in Maine by January 1, 2025, with bans on carpets, rugs, and fabric treatments containing PFAS starting that year, and a comprehensive ban on all products with PFAS by 2030.
Adjusted Reporting Requirements:
The revised law narrows the scope of reporting to only those products sold after a specific sales ban is in place for which the Maine Department of Environmental Protection (DEP) has determined the use to be unavoidable.
Manufacturers must still provide detailed information to the DEP, including descriptions, sales estimates, the purpose of PFAS in the products, and PFAS amounts. This data can be reported as exact quantities, total fluorine amounts in the products, or within a DEP-approved range. If exact PFAS amounts are not available, manufacturers can report the total product weight. Reporting is limited to information “known to or ascertained by” manufacturers, aligning with standards from the federal Toxic Substances Control Act.
The DEP is expected to issue further rules to clarify these requirements.
Updated Compliance Dates and Product Categories:
Staring January 1, 2026, the sale of the following products containing intentionally added PFAS will be prohibited in Maine: cosmetics, cleaning products, cookware, dental floss, juvenile products (excluding electronic devices for children under 12), menstruation products, textile articles (excluding outdoor apparel for severe wet conditions and certain vehicle textiles), ski wax, and upholstered furniture.
From January 1, 2029, additional bans will apply to artificial turf and outdoor apparel for severe wet conditions, unless labeled as containing PFAS.
By January 1, 2032, the sale of all other products with intentionally added PFAS will be banned unless the DEP deems their use currently unavoidable. Exemptions from this ban include HVAC and refrigeration equipment, certain foams, and aerosol propellants, which will face restrictions starting January 1, 2040.
Exemptions:
The amended law exempts specific product categories from the bans, including: used products and components, certain firefighting foams, FDA-regulated medical devices, drugs, and biologics, veterinary products, motor vehicles and aerospace equipment, semiconductors and related manufacturing equipment.
The DEP retains the authority to classify PFAS uses as “currently unavoidable,” exempting those products from sales bans for five years, with the possibility of extension through further rulemaking.
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.
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