Maryland has become the latest state in the US to regulate PFAS in certain consumer products. The prohibition of PFAS in these products will become effective on January 1, 2024.

SAFEGUARDS | Consumer ProductsNO. 055/22

 SG 03222 Pizza Box

On April 21, 2022, the governor of Maryland signed SB 273 (cross-filed HB 275, Chapter 138, 2022) into law to regulate per- and polyfluoroalkyl substances (PFAS) in several categories of consumer products. The new law contains several important provisions:

  • Prohibits intentionally added PFAS in Class B fire-fighting foam (FFF), rugs and carpets, as well as certain food packages and food packaging
  • Forbids the disposal of Class B firefighting foam containing intentionally added PFAS using certain means, including landfill
  • Mandates sellers of personal protective equipment (PPE) for firefighting that contains PFAS to furnish a written notice to purchasers indicating that the PPE contains PFAS and the purpose of having such chemicals in these products. This written notice is to be kept for at least three years

According to the definitions in the new law, PFAS means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom.

It is important to note that Maryland has been restricting the sum of lead, cadmium, mercury and chromium (VI) to no more than 100 ppm (0.01%) in packages or packaging components since 1995.

Highlights of the new law are summarized in Table 1

Maryland SB 273, Chapter 139, 2022
An Act Concerning Environment – PFAS Chemicals – Prohibitions and Requirements (George ‘Walter’ Taylor Act’ 

Substance

Scope

Requirement

Effective Date

PFAS

  • Class B firefighting foam 

Prohibited1, 2, 3

January 1, 2024

  • Food packages or food packaging substantially composed of paper, paperboard, or other materials derived from plant-fiber

  • Plastic disposable gloves used in commercial or institutional food service

Prohibited4

  • Rugs and Carpets

Prohibited4, 5

1Allowed to be used at airports, ports, refineries or chemical plants until September 30, 2024 
2Allowed to be used at terminals until December 31, 2027,
3Allowed to be used by any applicable date specified in federal law for persons who require to use Class B FFF that contains intentionally added PFAS
4Manufacturers are required to establish a certificate of compliance (CoC) to attest compliance
5Exempts second-hand rugs and carpets

Table 1

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