The Maine Department of Environmental Protection is advancing the "PFAS in Products Program" to limit the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in various consumer products. These chemicals have attracted widespread attention due to their persistence in the environment and potential health risks.

The program eliminates the general notification requirement originally set to take effect in 2025 (manufacturers of products containing intentionally added PFAS sold in the state before January 1, 2025, were required to submit written notification to the department), and introduces a ban on the sale of products with intentionally added PFAS. Starting in 2023, products such as carpets and fabric treatments will be the first to be restricted. By 2026, additional categories, including cleaning products, cookware, and cosmetics, will also be included in the ban. Furthermore, by 2040, a broader range of product categories, including cooling and heating equipment, will also face the same restrictions.

Sales Prohibitions on Products Containing Intentionally Added PFAS

Product Categories Exempt from Sales Prohibition

• Product for which federal law governs the presence of PFAS
• Packaging
• Used product or used product component
• Firefighting or fire-suppressing foam
• Medical devices, drugs, etc., and products regulated by the FDA
• Veterinary products regulated by the FDA, USDA, or EPA
• Products developed for public health, environmental, or water quality testing
• Products required to meet standards or requirements of the DOT, FAA, NASA, DOD, or DHS
• Motor vehicles and motor vehicle equipment
• Watercraft
• Semiconductors, including equipment and materials used in manufacturing
• Non-consumer laboratory equipment or electronics
• Equipment directly used in the manufacture or development of the above-exempted products

The Maine Department of Environmental Protection invites the public to participate in the rule-making process. Members of the public can submit comments or concerns via email to PFASproducts@Maine.gov before August 30, 2024.

PFAS Prohibition Measures Across the U.S.:

• California: From January 1, 2023, bans on food packaging and children's products containing PFAS exceeding 100 ppm.
• New York: Prohibits the manufacture, sale, or distribution of food packaging with intentionally added PFAS from December 31, 2022.
• Vermont (S.20): Bans on Class B firefighting foams with PFAS from July 1, 2022; extends to food packaging and residential carpets from July 1, 2023.
• Colorado (HB 22-1345): Phased bans from 2024 to 2027 on certain PFAS-added products, starting with food packaging from January 1, 2024.
• Maryland: Prohibition against selling any PFAS-added products starting January 1, 2024.
• Minnesota (HF 2310): Food packaging with added PFAS banned from January 1, 2025.
• Maine: Starting in 2023, Maine progressively bans the sale of various products containing intentionally added PFAS, expanding from carpets and fabric treatments to include cleaning products, cookware, cosmetics, artificial turf, outdoor clothing, and eventually cooling and heating equipment by 2040.
• Connecticut: Comprehensive bans from January 1, 2028, on products such as apparel, carpets, and cookware with intentionally added PFAS.

Further Information 

Maine Gov.