• Policy Category: Drinking Water
• State: Maine
• Date Implemented: 7/15/2021

07/15/2021

This Act is the first in the nation to comprehensively ban products containing PFAS.

Beginning January 1, 2023, this Act established requirements for manufacturers who “intentionally” add PFAS to their products to report to the Department of Environmental Protection:

• “A brief description of the product
• The purpose for which PFAS are used in the product, including in any product
  components;
• The amount of each of the PFAS, identified by its chemical abstracts service
  registry number, in the product, reported as an exact quantity determined using
  commercially available analytical methods or as falling within a range approved
  for reporting purposes by the department;
• The name and address of the manufacturer and… [of] a contact person for the manufacturer.”

The Act does enable manufactures to request waivers of notification and/or let the department create a shared system of reporting with other states.

Prohibition on sale of products containing intentionally added PFAS

“Effective January 1, 2023, a person may not sell, offer for sale or distribute for sale
in this State a carpet or rug that contains intentionally added PFAS. This prohibition
does not apply to the sale or resale of a used carpet or rug.
“Effective January 1, 2023, a person may not sell, offer for sale or distribute for sale
in this State a fabric treatment that contains intentionally added PFAS. This prohibition
does not apply to the sale or resale of a used fabric treatment.”

“Effective January 1, 2030, a person may not sell, offer for sale or distribute for sale
in this State any product that contains intentionally added PFAS, unless the department
has determined by rule that the use of PFAS in the product is a currently unavoidable
use. The department may specify specific products or product categories in which it
has determined the use of PFAS is a currently unavoidable use. This prohibition does
not apply to the sale or resale of used products.”

PFAS Source Reduction Program

“To the extent funds are available and in consultation with relevant stakeholders, the department shall develop and implement a program to reduce the presence of PFAS in discharges to air, water and land by encouraging the use of safer alternatives and the proper management of materials containing PFAS.”

• Action Agency(ies): Department of Environmental Protection
• Read the full policy language

Additional Resources

• National Law Review PFAS in Maine 2022 Outlook