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USA: Maine postponed PFAS ban and revised PFAS notification scope

APRIL 2024 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDRE'S PRODUCTS

On 16 April 2024, the Governor of Maine State signed a bill (LD 1537)1 to amend the requirements regarding the ban and notification of perfluoroalkyl and polyfluoroalkyl substances (PFAS). 

In 2021, Maine passed the bill LD 15032 to ban consumer products containing intentionally added PFAS and require manufacturers to submit notification. This bill was amended in 2023 by bill LD 2173 to extend the notification deadline from 1 January 2023 to 1 January 2025.

Now the bill has been amended again by postponing the general ban on PFAS and revising the product scope for notification requirement. The notification is required only for products with PFAS determined to be a currently unavoidable use by the Department of Environmental Protection. Additional bans for intentionally added PFAS in some products have also been instituted.

Below is the summary of revised Maine requirements on PFAS.

Product containing intentionally added PFAS

Requirements

Effective date

Carpets and rugs, fabric treatment

Cannot be sold, offered for sale and distributed for sale.

1 January 2023

(already in effect)

  • Cleaning products
  • Cookware products
  • Cosmetic products
  • Dental floss
  • Juvenile products
  • Menstruation products
  • Textile articles
  • Ski wax
  • Upholstered furniture
Cannot be sold, offered for sale and distributed for sale.
1 January 2026

Artificial turf and outdoor apparel for severe wet conditions unless the apparel includes the statement of “Made with PFAS chemicals

Cannot be sold, offered for sale and distributed for sale.

1 January 2029

Any product

Notification is required if the product contains intentionally added PFAS for which PFAS is determined to be unavoidable use.

1 January 2032
(previous effective date is 1 January 2025)

Any product (except the products containing intentionally PFAS which will be banned from 2040 or product in used condition)

Any product containing intentionally added PFAS cannot be sold, offered for sale and distributed for sale unless the State concluded that use of PFAS in the product is unavoidable.

1 January 2032
(previous effective date is 1 January 2030)

  • Cooling, heating, ventilation, air conditioning or refrigeration equipment
  • Refrigerants, foams or aerosol propellants 

Cannot be sold, offered for sale and distributed for sale.

1 January 2040

 

 


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