LD 1537: Maine Updated PFAS Consumer Products Law Related to Prevention of PFAS Chemicals

Vol. 1405 | 20 May 2024

In 2021, Maine enacted a comprehensive law aimed at regulating perfluoroalkyl and polyfluoroalkyl substances (PFAS) in consumer products. Subsequently, in 2023, the law underwent amendments. On April 16, 2024, Governor Janet Mills signed L.D. 1537, titled “An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.” This amendment aims to strengthen regulations and provide additional funding for combating these harmful chemicals. The summary of amendments and effective date is highlighted in the table below.

1. Prohibition on sale of specific products containing intentionally added PFAS:
   

   Product Category	Prohibition	Effective Date
   Carpet or rug	a person may not sell, offer for sale or distribute for sale in this State a carpet or rug that contains intentionally added PFAS.	Jan 1, 2023
   Fabric Treatment	a person may not sell, offer for sale or distribute for sale in this State a fabric treatment that contains intentionally added PFAS	Jan 1, 2023
   Cleaning Product, Cookware, Cosmetic, Dental Floss, Juvenile Product, Menstruation Product, Textile Article (excluding outdoor apparel for severe wet condition), Ski Wax, Upholstered Furniture	a person may not sell, offer for sale or distribute for sale in this State these listed products that contains intentionally added PFAS	Jan 1, 2026
   Artificial Turf, Outdoor Apparel for severe wet condition	a person may not sell, offer for sale or distribute for sale in this State artificial turf, Outdoor apparel for severe wet condition that contains intentionally added PFAS. Exemption applies to outdoor apparel intended for severe wet condition if it is accompanied by the statement "Made with PFAS chemicals"	Jan 1, 2029
   All other products that are not already prohibited except the department has determined by rule that the use of PFAS in the product is a currently unavoidable use	a person may not sell, offer for sale or distribute for sale in this State any product that contains intentionally added PFAS that is not already prohibited from sale, offer for sale or distribution for sale unless the department has determined by rule that the use of PFAS in the product is a currently unavoidable use.  This excludes veterinary product, product developed or manufactured for the purposes of public health, environmental or water quality testing. It also does not apply to products offered for sale in used condition, Cooling, heating, ventilation, air conditioning and refrigeration equipment, including parts and other servicing needs for such equipment	Jan 1, 2032
   Cooling, heating, ventilation, air conditioning or refrigeration equipment;   Refrigerants, foams or aerosol propellants	a person may not sell, offer for sale or distribute for sale in this State these listed products that contains intentionally added PFAS	Jan 1, 2040

2.  Notification Requirement
   

   Product Category	Notification	Effective Date
   For products which department determines by rule that the use of PFAS in a product or product category is a currently unavoidable use	The manufacturer shall submit to the department a written notification that includes, to the extent known to or reasonably ascertainable by the manufacturer: (1) A brief description of the product, including an estimate of the total number of units of the product sold annually in the State or nationally; (2) The purpose for which PFAS are used in the product, including in any product components; (3) The amount of each of the PFAS, identified by its chemical abstracts service registry number or in the absence of this number a description approved by the department, in the product, reported as an exact quantity, or as the amount of total organic fluorine if the amount of each of the PFAS is not known, determined using commercially available analytical methods or based on information provided by a supplier as falling within a range approved for reporting purposes by the department or, if the manufacturer is unable to provide information regarding the amount of each of the PFAS in the product, the total weight of the product; (4) The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer; (5) Any additional information required by the department by rule     Waiver: The department may waive all or part of the notification requirement if the department determines that substantially equivalent information is already publicly available.   Exemptions: A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.   a manufacturer that employs 100 or fewer people.   Package ("Package" means a container used in marketing, protecting or handling a product)   A used product or used product component.   A firefighting or fire-suppressing foam, Medical Device, veterinary products, etc.	Jan 1, 2026   Report only for those products approved by The Maine department of Environmental Protection (“MDEP”) as a Currently Unavoidable Use for PFAS

3. Certificate of Compliance Requirement
   

   Product Category	Notification	Effective Date
   As determined by the department and applies to Intentionally added PFAS Prohibited products and for products which department determines by rule that the use of PFAS in a product or product category is a currently unavoidable use	If the department has reason to believe that a product contains intentionally added PFAS and is being sold, offered for sale or distributed for sale the department may direct the manufacturer of the product to, within 30 days: A. Provide the department with a certificate attesting that the product does not contain intentionally added PFAS; or B. Notify persons that sell, offer for sale, or distribute for sale the product in this State that the sale of the product is prohibited in this State and provide the department with a list of the names and addresses of those persons notified.	As and when department issues notice which will be after effective date of PFAS prohibition

Definitions:

"Carpet or rug" means a consumer product made from natural or synthetic fabric intended to be used as a floor covering inside commercial or residential buildings. "Carpet or rug" includes, but is not limited to, a carpeted doormat, but does not include: (1) A carpet or rug intended solely for outdoor use; (2) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile, light duty truck, van, bus or any other vehicle and any aftermarket or replacement part marketed solely for use in a vehicle; (3) A resilient floor covering; (4) Artificial turf; (5) A wall hanging or covering; (6) A table mat; or (7) A camping sleeping mat

"Cleaning product" means a finished product used primarily for domestic, commercial or institutional cleaning purposes, including, but not limited to, an air care product, an automotive maintenance product, a general cleaning product and a polish or floor maintenance product

"Cosmetic product" means a product intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance. "Cosmetic product" includes any product intended for use as a component of another cosmetic product, but does not include soap or a product that requires a prescription for distribution or dispensing

"Cookware product" means a durable houseware product intended to be used to prepare, dispense or store food, foodstuffs or beverages, including, but not limited to, a pot, pan, skillet, grill, baking sheet, baking mold, tray, bowl and cooking utensil

"Fabric treatment" means a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance

"Intentionally added PFAS" means PFAS added to a product or one of its product components to provide a specific characteristic, appearance or quality or to perform a specific function. "Intentionally added PFAS" also includes any degradation byproducts of PFAS.

"Juvenile product" means a product designed or marketed for use by infants and children under 12 years of age including, but not limited to: a baby or toddler foam pillow; bassinet; bedside sleeper; booster seat; changing pad; child restraint system for use in motor vehicles and aircraft; co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad or pillow; portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable crib; stroller; and toddler mattress. "Juvenile product" does not include an adult mattress or an electronic product marketed for use by children under 12 years of age, including a personal computer, audio and video equipment, calculator, wireless telephone, game console, handheld device incorporating a video screen and any associated peripheral, such as a mouse, keyboard, power supply unit or power cord.

"Manufacturer" means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, "manufacturer" includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States

"Outdoor apparel for severe wet conditions" means a clothing item that is an extreme and extended use product designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions to protect the health and safety of the user and that are not marketed for general consumer use, including, but not limited to, such extreme and extended use products designed for offshore fishing, offshore sailing, whitewater kayaking and mountaineering

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Textile" means an item made in whole or in part from natural or synthetic fiber, yarn or fabric, including, but not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon and polyester. "Textile" does not include a single-use absorbent hygiene product or a single-use paper hygiene product, including, but not limited to, toilet paper, paper towels or tissues.

"Textile article" means a textile good of a type customarily and ordinarily used in households and businesses. "Textile article" includes, but is not limited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins and tablecloths, but does not include: (1) A carpet or rug; (2) A treatment for use on converted textiles or leathers; (3) A textile used in or designed for laboratory analysis and testing; (4) A stadium shade or other architectural fabric structure; or (5) Filtration media or a filter product used in industrial applications, including, but not limited to, chemical or pharmaceutical manufacturing and environmental control technologies.

"Upholstered furniture" means an article of furniture that is designed to be used for sitting, resting or reclining and that is wholly or partly stuffed or filled with any filling material.

If you have further questions, please contact our technical expert Pankaj Sarda (Pankajkumar.Sarda@intertek.com).