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. In 2021, Maine became the first state in the United States to ban PFAS “forever chemicals” in all products when the bill titled LD 1503, An Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution, became law. It was also the country’s first phased-in ban on intentionally added PFAS in most products.
In 2024, the law was recently amended by L.D. 1537, titled “An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.” This amendment aims to strengthen regulations and provide additional funding for combating these harmful chemicals.
What is Maine’s consumer products PFAS law?
Maine’s legislature amended their first act to stop PFAS pollution, L.D. 1503, and replaced it with L.D. 1537, titled “An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.” The legislation:
- Enacted several new sales prohibitions for products with intentionally added PFAS
- Created specific exemptions to the prohibitions
- Established a new reporting program for those product categories that receive a Currently Unavoidable Use (CUU) determination from the Department of Environmental Protection (DEP)
Rugs, carpets, and fabric treatments with intentionally added PFAS are prohibited under the act. For future provisions, the reporting requirements are now effective as of the unavoidable use determination by Maine’s DEP. Only products containing intentionally added PFAS designated by the DEP as a CUU must be reported to the state.
From January 2026, the following products with intentionally added PFAS will be banned:
- cookware and cosmetics
- dental floss
- children's products
- menstruation products
- textile articles (with some exceptions)
- ski wax
- upholstered furniture
All products not already prohibited will be banned from January 1, 2032. This ban will include most products with intentionally added PFAS (including consumer electronics).
Who is considered a manufacturer under Maine’s PFAS 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 Maine’s PFAS consumer products law?
Manufacturers within Maine’s PFAS law must 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 (identified by its chemical service registry number)
- 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 consumer products?
Yes, the third provision of Maine’s PFAS pollution law bans the use of PFAS in products sold within the state beginning January 1, 2032. 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.
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