CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: Maryland passes law banning PFAS from certain products

APRIL 2022 - HARDLINES, SOFTLINES

On 21 April 2022, the Maryland legislature passed the law¹ establishing prohibition on using, manufacturing, or knowingly selling or distributing firefighting foam, firefighting equipment, rugs, carpets, and food packaging that contain perfluoroalkyl and polyfluoroalkyl substances (PFAS) as an intentionally added ingredient. The ban will apply from 1 January 2024. 

Class B firefighting foam would not be allowed to be used, manufactured, or distributed in the state except for certain uses specified in the law. A person who sells personal protective equipment for firefighting that contains PFAS should provide written notice to the purchaser. Both seller and purchaser should keep the notice for at least three (3) years after the sale. The fire department is authorised to take back and dispose of the firefighting foam received. 

The law also prohibits PFAS usage in rugs and carpets, food packages or food packaging components designed and intended for direct food contact. Manufacturers are required to establish a certificate of compliance to attest that their products are in compliance with the requirements.  

“Rug or carpet” means a thick fabric used to cover a floor, including commercial or residential broadloom carpet, and a pad or an underlayment used in conjunction with a carpet.  
 
“Food package” means a package designed and intended for direct food contact and is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibres. 

[1] Maryland General Assembly HB0275