U.S. – Maine Passes House Bill 1503 Prohibiting Sale of Products Containing PFAS

Vol. 1263 | 03 Aug 2021

Maine recently passed House Bill 1503, which phases in the requirements for notification and prohibition on the sale of products containing intentionally added PFAS substances.

Following are key definitions from the Regulation:

1. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
2. "Product" means an item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products.
3. "Fabric treatment" means a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance.
4. "Intentionally added PFAS" means PFAS added to a product or one of its product components to provide a specific characteristic, appearance or quality or to perform a specific function. "Intentionally added PFAS" also includes any degradation byproducts of PFAS.

Requirements:

• Notification: Beginning January 1, 2023, a manufacturer of a product for sale that contains intentionally added PFAS shall submit to the Department of Environmental Protection (DEP) a written notification that includes:
  
  • 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 CAS#, 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 DEP;
  • The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer; and
  • Any additional information established by the DEP by rule as necessary to implement the requirements of this section.
  
  Based on the rule that will be adopted by the DEP, the information shall be updated by the manufacturer when there is significant change or requested by the DEP.
  
  The DEP may require a fee to be paid by the manufacturer upon submission of the required notification information.
  
  If the DEP has reason to believe a product contains intentionally added PFAS without proper notification being provided, it may require the manufacturer to, within 30 days, either provide the department with an attestation that the product does not intentionally contain PFAS; or notify sellers of the product in Maine that the sale of the product is prohibited and provide information of those notified to the department.

• Prohibition:
  • Effective January 1, 2023, sale of a fabric treatment, and carpet or rug that contains intentionally added PFAS is prohibited. Sale or resale of these used products is exempted from this prohibition.
  • Effective January 1, 2030, sale of any product that contains intentionally added PFAS is prohibited, unless the DEP has determined by rule that the use of PFAS in the product is a currently unavoidable use. Sale or resale of used product will be exempt from this prohibition.
  • In addition to the prohibition listed above, the DEP may promulgate rules prohibiting sale of specific product category or use, with priority given to product categories most likely to cause contamination of the State’s land or water resources due to presence of intentionally added PFAS.

The final rule can be viewed at: https://legiscan.com/ME/text/LD1503/id/2424871/Maine-2021-LD1503-Chaptered.pdf

For questions, please contact Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273) or Dr. Stella Li (xingyu.li@intertek.com, +1- 503-351-9612)