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AUGUST 2020 – RELEVANT FOR: ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS
Last year, the Maine Department of Environmental Protection (the Department) proposed1 to include perfluorooctane sulfonic acid (PFOS) and its salts as priority chemicals. After the completion of two public comment periods, the Department has finally adopted the rule chapter 8902 to designate the following substances as priority chemicals, effective from 28 July 2020.
Under the Safer Chemicals in Children’s Products rule, manufacturers or distributors who sell the specified products within Maine must submit a one-time reporting notice to the Department if the products have been intentionally added with the priority chemicals3. They must submit the notice no later than 180 days after the effective date of chapter 890, which is 28 July 2020. If the sale of the product commences after the 180-day reporting period, the notice must be submitted within 30 days after the product is available for sale. Reports can be submitted by email with a one-time reporting fee.
Below are the product categories that require reporting:
Information required in the reporting shall contain:
PFOS and its salts are resistant to oil, grease, water and heat; therefore, they have been used in many common consumer products such as non-stick cookware, some personal care products as well as stain- or water-resistant clothing, carpets and furniture. However, they are not only harmful to human health, but also very persistent in the environment and bioaccumulative in wildlife. Many agencies in the US, including the Environmental Protection Agency (EPA), are now working on regulating these substances.
The Department may designate additional priority chemicals if it finds that the chemicals meet any of the criteria specified in the relevant Statutes. The last amendment made was the addition of two flame retardants – decabromodiphenyl ether (DecaBDE) and hexabromocylododecane (HBCD) in 20174.
 USA: Maine proposed PFOS as priority chemical, April 2019
 Rule Chapter 890 for the Maine Department of Environmental Protection
 Priority Chemicals list, Maine Department of Environmental Protection
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