PFAS in Products

The PFAS in Products Program was initially enacted in Public Law 2021, c. 477, An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (LD 1503, 130th Legislature). The 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 (LD 1537, 131st Legislature, effective August 9, 2024).

The recent legislation eliminates the general notification requirement that was previously scheduled to take effect January 1, 2025. This legislation also created a number of 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.

Sales Prohibitions on Products Containing Intentionally Added PFAS

Effective Date	Product Category
January 1, 2023	Carpet or rug Fabric treatment Fabric treatment that does not contain intentionally added PFAS, but is sold, offered for sale, or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS
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

Based on the newly amended law, the Department is currently redrafting the previously proposed rule chapter 90. The revised proposal will provide details on program implementation and outline criteria required for CUU proposals applicable to upcoming sales prohibitions. With the elimination of the general reporting requirement, CUU proposals are now only applicable to those product categories prohibited for sale.

ANTICIPATED TIMELINE

Summer 2024 - Informal outreach process
Fall/Winter 2024/2025 - Chapter 90 rulemaking process

Currently Unavoidable Use (CUU) Process

Spring 2025 – Soliciting CUU proposals for implementation of 2026 sales prohibitions
Summer/Fall 2025 - CUU rulemaking process
Fall/Winter 2025 – Manufacturers register CUU products for the 2026 sales prohibitions

This webpage will be updated as new information becomes available.

Please contact the PFAS in Products program PFASproducts@Maine.gov with any questions.

Updated October 4, 2024