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Ask the Experts: Understanding the Maine PFAS LD 1503 Law

Written by Source Intelligence | Mar 8, 2024 4:30:00 PM

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, including Maine’s 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 with various provisions of the law going into effect over time.

  • As of January 1st, 2023: rugs, carpets, and fabric treatments that contain intentionally added PFAS are prohibited from being sold within the state, except for used carpets and rugs. 
  • As of January 1st, 2025: manufacturers must report on the use and amount of intentionally added PFAS in products sold within the state.
  • As of January 1st, 2030: products containing intentionally added PFAS will not be allowed to be placed on Maine’s market.

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. 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. 

How can Source Intelligence help manage PFAS compliance?

Whether Maine’s PFAS pollution law impacts you or you must meet PFAS reporting requirements elsewhere, our PFAS program can help you streamline compliance and mitigate risk associated with the dangers of PFAS.

Source Intelligence’s PFAS technology can quickly identify more than 12,000 PFAS from the EPA list and 4,000 PFAS from the OECD list. We offer flexible solutions, from intuitive software to fully managed services, to assist you in due diligence, data analysis, and reporting so you can stay current 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.