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On April 16, 2024, the State of Maine signed An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. Initially enacted in 2021, Maine's PFAS Act prohibits the sale of any product containing intentionally added PFAS in the State from January 1, 2030, unless determined as a currently unavoidable use (CUUs).
Apart from the existing ban on PFAS in carpets or rugs, which has been in effect since January 1, 2023, the amendment includes a phased-out approach for the following products that intentionally contain PFAS:
By January 1, 2026 for cleaning product, cookware product, cosmetic product, dental floss, juvenile product, menstruation product, textile article, ski wax and upholstered furniture
By January 1, 2029 for artificial turf, outdoor apparel for severe wet conditions
By January 1, 2032 for all other products except for cooling, heating, ventilation, air conditioning, refrigeration equipment, refrigerants, foams and aerosol propellants
By January 1, 2040 for cooling, heating, ventilation, air conditioning, refrigeration equipment, refrigerants, foams and aerosol propellants
It should be noted that the prohibitions also apply to the above mentioned products that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or other containers with intentionally added PFAS.
The prohibitions shall not apply to specific products identified as CUUs by the Department of Environmental Protection (the authority has consulted on CUUs in January this year), and shall be granted a five year of exmeption from the effective date of the rule. In addition, the manufacture of such product determined as CUUs shall comply with the notification requirement.
The amendment also introduces more exemptions for certain products containing intentionally added PFAS:
A firefighting or fire-suppressing foam or related product
A prosthetic or orthotic device or any product that is a medical device, drug or biologic or that is otherwise used in a medical setting or in medical applications
A veterinary product intended for use in or on animals
A product developed or manufactured for the purposes of public health, environmental or water quality testing
A product required to meet standards or requirements of the United States Department of Transportation, Federal Aviation Administration, the National Aeronautics and Space Administration, the United States Department of Defense or the United States Department of Homeland Security
A motor vehicle or motor vehicle equipment
A watercraft, with the exception of any textile article or refrigerant that is included in or as a component part of such products
A semiconductor
Nonconsumer electronics and nonconsumer laboratory equipment not ordinarily used for personal, family or household purposes
Equipment directly used in the manufacture or development of the products of the abovementioned exempted products
The complete text can be accessed here.
