Maine Amends Its PFAS Statute, Exempting Certain Product Categories from the Sales Prohibition and Eliminating the General Notification Requirement

May 24, 2024

Read the full article by Lynn L. Bergeson and Carla N. Hutton (The National Law Review)

"On April 16, 2024, Governor Janet Mills (D) signed LD 1537, amending An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. On May 20, 2024, the Maine Department of Environmental Protection (MDEP) updated its “PFAS in Products” web page to reflect the amendments, which include eliminating the general notification requirement that was scheduled to take effect January 1, 2025. The legislation also creates new sales prohibitions for products with intentionally added per- and polyfluoroalkyl substances (PFAS) with varying effective dates, exempts certain product categories from the prohibitions, and establishes a new reporting program for those product categories that receive a currently unavoidable use (CUU) determination from MDEP. According to the MDEP web page, the sales prohibitions on products containing intentionally added PFAS include:

Product categories exempt from sales prohibition include:

  • 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 U.S. Food and Drug Administration (FDA);
  • Veterinary products regulated by FDA, the U.S. Department of Agriculture (USDA), or the U.S. Environmental Protection Agency (EPA);
  • Products developed for public health, environmental, or water quality testing;
  • Products required to meet standards or requirements of the U.S. Department of Transportation (DOT), the Federal Aviation Administration (FAA), the National Aeronautics and Space Administration (NASA), the U.S. Department of Defense (DOD), or the U.S. Department of Homeland Security (DHS);
  • Motor vehicles and motor vehicle equipment;
  • Watercraft;
  • Semiconductors, including equipment and materials used in manufacturing;
  • Non-consumer laboratory equipment or electronics; and
  • Equipment directly used in the manufacture or development of the above-exempted products."