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Maine, USA, Revises Law on Products Containing PFAS

SafeGuardSHardgoods, Automotive, Electrical & Electronics, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsMay 07, 2024

SG 71/24

The US state of Maine has amended its law on products containing intentionally added PFAS. These revisions will be implemented in phases, starting in January 2026.

In July 2021, Maine’s LD 1503 (Chapter 477) became law without the governor’s signature, regulating products containing per- and polyfluoroalkyl substances (PFAS).

The amended law, codified as 38 MRSA §1614 ‘Products Containing PFAS’, directs manufacturers to notify the Department of Environmental Protection (DEP) by January 1, 2025, if their products contain intentionally added PFAS. It also bans carpets, rugs and fabric treatments from January 1, 2023, if these contain intentionally added PFAS. Additionally, products containing intentionally added PFAS will be prohibited from January 1, 2030, unless the DEP has determined by rule that the use of PFAS is unavoidable.

On April 16, 2024, the governor of Maine signed LD 1537 into law (Chapter 630) to revise the aforementioned law on products containing PFAS. It:

  • Clarifies that ‘carpet or rug’ is a consumer product made from natural or synthetic fabric intended to be used as a floor covering inside commercial or residential buildings
  • Adds several new terms and their definitions, including but not limited to the following products:
    • Adult mattresses
    • Aerosol propellants
    • Air care products
    • Aircraft
    • Architectural products
    • Artificial turfs
    • Automotive maintenance products
    • Cleaning products
    • Cookware
    • Cosmetics
    • Foams
    • Juvenile products
    • Medical devices
    • Off-highway vehicles
    • Outdoor apparel for severe wet conditions
    • Refrigerants
    • Ski wax
    • Textiles & textile articles
    • Upholstered furniture
    • Vehicles
  • Mandates the manufacturer to notify the DEP with specific information and pay a potential fee if the product contains intentionally added PFAS and for which the DEP has determined that the use of PFAS in the product is currently unavoidable, unless the manufacturer employs no more than 100 people or has a waiver. This is a significant shift since before the amendment the law required reporting for any product containing intentionally added PFAS starting 2025
  • Exempts products from the 2032 general product prohibition if the DEP determines by rule that the use of PFAS in the product is currently unavoidable

Highlights of product prohibitions set out under LD 1537 are summarized in Table 1.

SubstanceScopeRequirementEffective date
PFAS•Carpets and rugs
•Fabric treatments¹
Prohibited if intentionally added January 1, 2023 (as in existing law)
PFAS•Cleaning products¹
•Dental floss¹
•Juvenile products¹
•Menstruation products¹
•Textile articles¹, except outdoor apparel for severe wet conditions or those that are part of a watercraft, aircraft or motor vehicle, including off-highway vehicles
•Ski wax¹
•Upholstered furniture¹
Prohibited if intentionally addedJanuary 1, 2026
PFAS•Artificial turfs
•Outdoor apparel for severe wet conditions²
Prohibited if intentionally addedJanuary 1, 2029
PFAS•Products other than those specified in the scope above¹,³Prohibited if intentionally addedJanuary 1, 2032
PFAS•Cooling, heating, ventilation, air conditioning and refrigeration equipment¹
•Refrigerants, foams and aerosol propellants¹
Prohibited if intentionally addedJanuary 1, 2040

¹Scope also applies if products do not contain intentionally added PFAS but are in a fluorinated container or in a container that contains intentionally PFAS
²Unless the apparel is accompanied by the following statement ‘Made with PFAS Chemicals’
³Except products indicated in the row below

Table 1

With facilities accredited to ISO, Australian, European and US standards, and experts covering every region of the globe, SGS is the number one choice for accurate, innovative solutions to PFAS testing. Whether you require rapid turnaround times, short-list remediation analysis or wider investigations of tissue and serum matrices, we have the capabilities to ensure your project is accurately and efficiently completed. Contact us for more information on PFAS testing or visit our website. In the end, it’s only trusted because it’s tested.

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