USA: Maine – Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances

 

The State of Maine has issued amendments to Chapter 90 of its regulations, establishing designations for currently unavoidable uses of intentionally added Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in certain products. These updates are part of the state’s preparation for the sales prohibition that takes effect January 1, 2026.

Under existing Maine law, the sale, offer for sale, or distribution of any product containing intentionally added PFAS is immediately prohibited within the state—this includes products already in the marketplace.

However, an exception is made for products that meet both of the following criteria:

• The Maine Department of Environmental Protection (DEP) has determined there is a currently unavoidable use of PFAS; and
• The manufacturer has submitted a complete notification that meets all regulatory requirements, including payment of the applicable fee.

Exemptions from the PFAS Sales Prohibition

The amended rule outlines a list of products and product types that are exempt from the sales ban. These include:

1. Products governed by federal law where PFAS content is regulated in a way that preempts state authority. The chapter is severable—if any section is preempted, the rest remains valid.
2. Product packaging (as defined by 32 M.R.S. § 1732(4)), unless the package is the product itself. This exemption does not apply to fluorinated containers or packaging with intentionally added PFAS when associated with products prohibited under sections 5(B), (C), (E), or (F).
3. Used products or product components.
4. Firefighting foams and related products regulated under 38 M.R.S. § 424-C.
5. Medical devices, drugs, biologics, and prosthetic/orthotic devices, or any item used in medical settings regulated by the U.S. Food and Drug Administration (FDA).
6. Veterinary products, including diagnostics, medical devices, drugs, biologics, and parasiticides used in animal care and regulated by the FDA, U.S. Department of Agriculture (USDA) under the Virus-Serum-Toxin Act, or the U.S. Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). However, EPA-approved products for aerial or land application are not exempt.
7. Products used for public health, environmental, or water quality testing.
8. Products required to meet standards from federal agencies including the Department of Transportation (DOT), Federal Aviation Administration (FAA), NASA, Department of Defense (DOD), or Department of Homeland Security (DHS). Exemption does not apply to textile articles or refrigerants that are part of such products.
9. Motor vehicles and equipment subject to federal motor vehicle safety standards under 49 U.S.C. § 30102(a)(10), including off-highway and specialty vehicles such as ATVs, farm equipment, and mobility devices. Again, the exemption excludes textile articles and refrigerants.
10. Watercraft (as defined by 32 M.R.S. § 13001(28)) and seaplanes, excluding any textile or refrigerant components.
11. Semiconductors, including both finished products and equipment/materials used in their production.
12. Non-consumer electronics and laboratory equipment not typically used for personal or household purposes.
13. Manufacturing or development equipment used in producing any of the products listed in exemptions 5 through 12.

For further guidance on PFAS regulations in Maine and similar restrictions worldwide, contact the Product Compliance Institute.