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USA: Maine proposed PFOS as priority chemical

APRIL 2019 - Relevant for: Electrical and electronics, Hardlines, Softlines, Toys and children's products

The Maine Department of Environmental Protection proposed a draft rule chapter¹ to include perfluorooctane sulfonic acid (PFOS) and its salts as priority chemical, under the Safer Chemicals in Children's Products rule. 

PFOS is a chemical listed on Chemical of High Concern list², including both the parent chemical and parent chemical-related salt compounds. It is a man-made chemical which is very persistent in the environment and the human body. It can be found in stain or water repellent fabric for outdoor use, non-stick cookware and electronic appliances, etc. 

The proposed product scope includes:

• Child care article;
• Children’s clothing;
• Children’s footwear;
• Children’s sleepwear;
• Children’s toy;
• Cookware, tableware, reusable food and beverage containers;
• Cosmetics and personal care products;
• Craft supplies
• Electronic device; and,
• Household furniture and furnishings.

The Department is currently accepting public comments until 6 May 2019. This rule may apply to manufacturers or distributors who sell certain children’s products which contain intentionally added PFOS in the State of Maine. Once the rule is approved, manufacturers or distributors must submit a one-time reporting notice within 180 days.  For imported products, the importer or first domestic distributor has the obligation to report.  A reporting fee is also required. 

[1] Department Proposed Rulemaking

[2] Chemical of High Concern list