As the dangers of PFAS to human health and the environment continue to make headlines, governmental agencies are taking action to reduce or eliminate the use of PFAS in products. As of 2023, several new PFAS regulations went into effect or are expected to go into effect by the end of the year, including Maine’s newly implemented law: An Act to Stop PFAS Pollution.
The law, which is the United States' first phased-in ban on intentionally added PFAS in most products, has significantly changed Maine’s market and impacted several manufacturers and businesses. Our experts answered the top questions we have received from clients regarding the Maine PFAS LD 1503 law to help compliance professionals understand the law and how it may impact them.
What is Maine's Act to Stop PFAS Pollution LD 1503?
An Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Pollution (LD 1503) of the state of Maine requires manufacturers of products with intentionally added PFAS to report the presence of PFAS in those products by Chemical Abstracts Service (CAS) registry number.
Maine enacted LD 1503 in July 2021, and two provisions of the law went into effect on January 1st, 2023:
- Manufacturers must report on the use and amount of intentionally added PFAS in products sold within the state of Maine
- Rugs, carpets, and fabric treatments that contain potentially added PFAS are prohibited from being sold within the state of Maine, except for used carpets and rugs
Who is considered a manufacturer under Maine's PFAS pollution law?
Manufacturers or brand owners of products are considered manufacturers under Maine’s PFAS pollution law. Manufacturers of products imported into Maine are considered either the importer or the first domestic distributor of the product, depending on whichever is first to sell the product, offer the product for sale, or distribute the product for sale within the state.
It’s essential for manufacturers to be aware of any components containing intentionally added PFAS in their products, as those products are within the scope of the law regardless of the manufacturer not directly or knowingly adding PFAS to the products.
What are the reporting requirements of the Maine PFAS law?
Manufacturers within the scope of Maine’s PFAS law are required to report on products that contain intentionally added PFAS. Maine's Department of Environmental Protection (DEP) is currently developing a database to collect PFAS reports. In the meantime, manufacturers must submit a written notification to the department that includes the following information:
- A description of the product
- The purpose for the use of PFAS in the product (including product components)
- The amount of each PFAS in the product
- The name and address of the manufacturer, as well as the name, address, and phone number of the person of contact
- Any additional information required by the department
Is Maine banning PFAS in products?
Yes, the third provision of Maine’s PFAS pollution law bans the use of PFAS in products sold within the state. Beginning January 1st, 2030, products containing intentionally added PFAS will not be allowed to be placed on Maine’s market.
Companies should prepare for Maine’s PFAS ban by reviewing their products to determine the components most likely to contain PFAS, how these PFAS are used, and if they can be replaced. As most supply chains are complex, this can be a daunting task, requiring outreach to hundreds of suppliers. Additionally, companies must start searching for alternatives for their components that currently use PFAS if they want to continue to sell their products in Maine.
Are other U.S. states expected to ban PFAS in products?
Yes. PFAS is recognized as a global priority for regulatory action. Other examples of PFAS restrictions include:
- California is currently taking steps to reduce the amount of PFAS used in the state. They have banned the use of PFAS in food packaging containers beginning January 1st, 2023, and will phase in the PFAS restriction for other products in the coming years.
- The U.S. Environmental Protection Agency (EPA) is looking at increasing PFAS reporting at a federal level under TSCA Section 8(a)(7).
- In the European Union, the European Chemical Agency (ECHA) has proposed adding PFAS to the REACH Annex XVII restriction list, and consultation is currently underway.
One thing is certain—the use of PFAS in products continues to come under scrutiny, resulting in more restrictions worldwide.
How can Source Intelligence help manage PFAS compliance?
Whether you’re a manufacturer impacted by Maine’s PFAS pollution law, or a manufacturer required to meet PFAS reporting requirements elsewhere in the U.S. or the world, our PFAS program can help you streamline compliance and mitigate risk associated with the dangers of PFAS.
At Source Intelligence, we offer flexible solutions that meet your business where it’s at. From intuitive software to fully managed services, our PFAS program will assist you in due diligence, data analysis, and reporting so you can stay up to date with ever-changing global reporting requirements, including identifying PFAS in your products, cross-checking products against legislative requirements, and much more.
Explore our PFAS program to learn more, or schedule a demo for a closer look.
