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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 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.
New update: Maine finalizes PFAS reporting requirements
Maine’s Board of Environmental Protection has amended the Chapter 90 reporting rule. Proposals for “Currently Unavoidable Uses” were received by June 1, 2025 for review by the board resulting in two of those proposals being approved. PFAS-containing products not approved under a CUU will be banned starting January 1, 2026.
Learn more about Maine's PFAS CUU determinations and how to prepare on our blog.
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).
Exemptions under Maine’s PFAS regulation
The Maine PFAS regulation includes several key exemptions that recognize federal oversight and specialized applications where PFAS use remains necessary. Exempted products include:
- Used products or components
- Products already regulated under federal PFAS laws
- Packaging
- Firefighting and fire-suppressing foams
- Medical devices, drugs, and other FDA-regulated products
- Veterinary products regulated by the FDA, USDA, or EPA
- Products for public health, environmental, or water quality testing
- Products that must meet DOT, FAA, NASA, DOD, or DHS standards
- Motor vehicles and vehicle equipment
- Watercraft
- Semiconductors and related manufacturing equipment and materials
- Non-consumer lab equipment and electronics
- Equipment used to make or develop any of the above products
It is important to note that while packaging is generally exempt under the state’s PFAS rule, Maine’s Reduction of Toxics in Packaging statute will prohibit certain food packaging containing intentionally added PFAS as safer alternatives have been identified. This prohibition will take effect on May 25, 2026.
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) has a database to collect PFAS reports. Only products that contain intentionally added PFAS that have been designated by the DEP as a CUU must be notified. Manufacturers must submit a notification to the department that includes the following information:
- A description of the product along with its product code and the relevant industry code
- Total number of units sold annually
- 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 abstracts 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
- The specific section of the Chapter 90 rule identifying that the use of the PFAS is a CUU
The information provided by the manufacturer must be consistent with the information listed in the applicable currently unavoidable use determination.
Is Maine banning PFAS in consumer products?
Yes, Maine’s PFAS pollution law bans the use of PFAS in products sold within the state beginning January 1, 2032. Products designated as a CUU have an expiry date and can't be relied on to have a CUU exemption forever. 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.
Meet PFAS reporting requirements with Source Intelligence
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