USA: Changes in the Maine’s PFAS ban

 

Maine’s PFAS in Products Program’s governing statute was recently amended by Public Law 2023, c. 630, an Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances.

The recent legislation eliminates the general notification requirement that was previously scheduled to take effect 1 January 2025. This legislation also created several new sales prohibitions for products with intentionally added PFAS with varying effective dates, created some specific exemptions to the prohibitions, and established a new reporting program for those product categories that receive a Currently Unavoidable Use (CUU) determination from the Department. After this initial, informal outreach process (ending 30 August 2024), Maine’s Department of Environmental Protection (DEP) plans to proceed with rulemaking this fall.

The Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in Products Program has developed new concept draft language to implement the recently amended Title 38, section 1614. The concept draft language is now available for an informal outreach process until 30 August 2024.

The PFAS in Products Program was initially enacted in Public Law 2021, c. 477, An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.

It means the following Sales Prohibitions on Products Containing Intentionally Added PFAS:

Effective Date	Product Category
January 1, 2023	Carpet or rug Fabric treatment
January 1, 2026	Cleaning product Cookware product Cosmetic product Dental floss Juvenile product Menstruation product Textile articles (with exception) Ski wax Upholstered furniture Products listed that do not contain intentionally added PFAS but are sold, offered for sale, or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS.
January 1, 2029	Artificial turf Outdoor apparel for severe wet conditions unless accompanied with a disclosure: “Made with PFAS chemicals.”
January 1, 2032	Any products containing intentionally added PFAS sold in Maine unless the use of PFAS in the product is a currently unavoidable use. Products that do not contain intentionally added PFAS but that are sold, offered for sale, or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS.
January 1, 2040	Cooling, heating, ventilation, air conditioning or refrigeration equipment. Refrigerants, foams or aerosol propellants.

Product Categories Exempt from Sales Prohibition

• Product for which federal law governs the presence of PFAS
• Packaging
• Used product or used product component
• Firefighting or fire-suppressing foam
• Medical devices, drugs, etc., and products regulated by the FDA
• Veterinary products regulated by the FDA, USDA, or EPA
• Products developed for public health, environmental, or water quality testing
• Products required to meet standards or requirements of the DOT, FAA, NASA, DOD, or DHS
• Motor vehicles and motor vehicle equipment
• Watercraft
• Semiconductors, including equipment and materials used in manufacturing
• Non-consumer laboratory equipment or electronics
• Equipment directly used in the manufacture or development of the above-exempted products

To find out more about material compliance and the upcoming PFAS bans, please contact the Product Compliance Institute directly.