CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: Maine extended PFAS notification deadline

JUNE 2023 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 8 June 2023, the Governor of Maine State signed a bill (LD 217¹) to amend current requirements on perfluoroalkyl and polyfluoroalkyl substances (PFAS) notification. The PFAS notification deadline is extended to 1 January 2025 now.

According to bill LD 1503², beginning 1 January 2023, a manufacturer of a product containing intentionally added PFAS shall submit to the Department of Environmental Protection a written notification with the required information. Now, the new bill extends the deadline for notification to 1 January 2025. For the information to be submitted, either the amount of each PFAS is reported by its CAS no. or the amount of total organic fluorine is also accepted if the amount of each PFAS is unknown. The determination can be based on commercially available analytical methods or based on information provided by a supplier. 

Meanwhile, the new bill clarifies the PFAS notification requirement does not apply to the manufacturer with no more than 25 people. It also exempts the package from the PFAS notification requirement.

The new requirements apply retroactively to 1 January 2023.

[1] Legal text – Bill LD 217

[2] Legal text – Bill LD 1503

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