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.
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 | |||
|---|---|---|---|
Substance | Scope | Requirement | Effective Date |
PFAS |
| Prohibited1, 2, 3 | January 1, 2024 |
| Prohibited4 | ||
| Prohibited4, 5 | ||
1Allowed to be used at airports, ports, refineries or chemical plants until September 30, 2024 | |||
Table 1
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