PFAS in Products

Who is regulated by this law?

Manufacturers selling products containing intentionally added PFAS in the State of Maine must comply with the new sales prohibitions. Manufacturers may apply for a Currently Unavoidable Use (CUU) designation for product categories that are prohibited for sale and meet the definition of essential for health, safety, or the functioning of society.

What chemicals are considered PFAS under this program?

Statute defines PFAS broadly defined as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The department interprets fully fluorinated to mean a carbon atom on which all the hydrogen substituents have been replaced by fluorine. The law does not provide any exemptions for specific categories of PFAS.

Who is a manufacturer?

The statute defines manufacturer as “the person that manufactures a product or whose brand name is affixed to the product.” In the case of a product that is imported into the United States, where the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States, “manufacturer” includes either the importer or the first domestic distributor of the product, whichever is first to sell, offer for sale, or distribute for sale the product in Maine.

What are the consequences for a retailer if they continue to sell the product after a prohibition is in effect?

A retailer is in violation of the sale’s prohibition if they continue to offer a product for sale after receiving notice from the manufacturer that the item is prohibited from sale.

If a product is made outside of the United States, who is considered the manufacturer?

If a product is imported directly into Maine from outside the United States, and the foreign company has no presence in the United States, the person importing the product is considered the manufacturer.

What is included in the automotive maintenance product?

The definition of automotive maintenance products includes products intended for cleaning or maintaining the appearance of a motor vehicle.

What products are considered cookware?

Cookware refers to household products used for the preparation, dispensing, or storage of food and beverages with a surface that contains intentionally added PFAS which comes in contact with food. Examples of cookware include pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. Electric versions of the products made with intentionally added PFAS, such as waffle makers, electric skillets, and air fryers, are also considered cookware under the scope of this regulation.

What is a general cleaning product?

General cleaning product means a soap, detergent, or other chemically formulated product labeled to indicate that the purpose of the product is to clean, disinfect, or otherwise care for surfaces including, but not limited to showers and baths, fabric, dishes, floors, furniture, countertops, or other hard surfaces, such as stovetops, microwaves, and other appliances. This product category includes cleaning products used for domestic, commercial or institutional cleaning purposes. Air care products and automotive maintenance products are considered cleaning products for the purposes of this regulation.

What is a fluorinated container?

A fluorinated container is a container that has been treated with fluorine atoms to create a permanent barrier or coating and is meant to encase a liquid, powder, or gas by means of direct contact.

What is a textile article?

Regulated textile articles are made in whole or in part from natural or synthetic fiber and are used in households or businesses. For the purposes of this regulation, “textile articles” includes articles of wearing apparel, costumes, accessories, draperies, furnishings, beddings, and other textile goods used in a household or business.

What is personal protective equipment and does the 2026 prohibition apply?

Personal protective equipment (PPE) means equipment worn to minimize exposure to hazards that may cause workplace injuries or illnesses resulting from contact with chemical, radiological, physical, biological, electrical, mechanical, or other workplace or professional hazards (as defined in California Health and Safety Code Div 104, Part 3 Product Safety, Ch 13.5 Textile Article, Section 108970 (f) (2022)). At the time of adoption, the Maine Legislature intended to mirror the PFAS regulatory program established by the State of California. California law provides additional time for manufacturers of personal protective equipment, including firefighting gear, to find alternatives to intentionally added PFAS by not including PPE within the category of textile article. For the purposes of this program, PPE, as defined above, is not considered a textile article as it relates to the January 1, 2026, sales prohibition within rule chapter 90.

How is recycled content handled under this program?

A product that has been manufactured using recycled materials falls outside the scope of this program. Any presence of PFAS in the product resulting from contamination through recycled materials is not considered intentionally added.

Are PFAS used in the manufacturing processes that do not become part of the final product within the scope of this regulation?

No. If the continued presence of PFAS is also desired in the final product or one of the product's components to perform a specific function, then the product is regulated. Otherwise, applications of PFAS, such as those used in the manufacturing process but not intended to remain in the final product, are considered contaminants, which are not regulated by rule chapter 90. Regulated products are those that contain intentionally added PFAS to provide a specific characteristic, appearance or quality for the product, or perform a specific function within the final product.

Are refurbished and used products exempted?

Refurbished products and used products are not captured by this regulation. The Department understands “used” to mean the condition of a product having been installed, operated, or utilized for its intended purpose by at least one owner or operator. Used does not apply to a product that has been returned to a retailer or that is otherwise offered for resale without the product having been installed, operated, or utilized.

Is packaging material exempt?

Packaging meeting the definition in Maine law Title 32, section 1732, subsection 4 is exempt and applies only when items are used as packaging, packing components, or food packaging intended for the marketing, handling, or protection of products. The exemption does not apply to the fluorinated container or container that otherwise contains intentionally added PFAS, or when the packaging itself is sold as a product.

Currently Unavoidable Use

Does my product sold in Maine qualify for a Currently Unavoidable Use (CUU) determination?

Products sold in Maine containing intentionally added PFAS which are within a prohibited category beginning January 1, 2026, may submit proposals for CUU determination using the Department’s online CUU proposal form by June 1, 2025, if the product will meet the statutory definition of “essential for health, safety, or the functioning of society” (38 MRS § 1614(1)(B-1)). CUU Proposal Form Instructions

How and when do I submit a CUU proposal?

Products captured by the subsequent sales prohibitions scheduled to begin in 2029, 2032, and 2040, may submit CUU proposals no earlier than 60 months before the sales prohibition begins and no later than 18 months before the prohibition begins. The Department provides a form for those interested in submitting a CUU proposal. CUU Proposal Form Instructions

What are the timelines for the Department's decision making on CUU proposals?

The routine technical rulemaking process can range from a period of 4 to 6 months. The Department intends to group CUU proposals into a single rulemaking at least one time during the year. Proposals for CUU received after rulemaking is initiated will likely be grouped into the next scheduled rulemaking.

How will the Department communicate the results of a proposal for CUU determination?

Currently Unavoidable Use determinations will be made through routine technical rulemaking (described in the Maine Administrative Procedures Act (MAPA)) with the Board of Environmental Protection (BEP). This public rulemaking process is open to any interested party to participate in a public hearing and provide public comment. Additionally, the board will publish final decisions on the BEP webpage. Interested parties can sign up to receive up-to-date information on rulemaking meetings and schedules.

Will currently unavoidable use determinations be public information?

Yes. The routine technical decision-making process is open to the public. Claims of Confidential Business Information may be made at the time of submitting CUU proposals and will be managed under Maine Law 38 MRS § 1310-B.

What will the status of the pending currently unavoidable use proposals be while the department is actively reviewing them and has yet to reach a decision?

Only the Board of Environmental Protection has the authority to approve or deny CUU proposals. A CUU designation approved by rule, by the board, will be in effect as of the effective date of that rule as established by MAPA. Any product prohibited under the statute is prohibited for sale unless and until a final decision by the board is effective.