Maine Amends PFAS Reporting, Including Start Date
Jun. 9 2023
On June 8, the Maine Legislature passed "An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances." This Act provides amendments to the PFAS reporting law originally passed in July 2021 as Public Law c. 477, An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. This Law received numerous comments from all over the consumer product industry via public hearings on rulemakings and the proposed amendments process. Most notably, the amendment pushes the reporting start date out to January 1, 2025.
Amendments to the Law:
• Start date moves back to January 1, 2025 (was originally January 1, 2023)
• Changes reporting requirements (new parts underlined):
o Brief description of the product;
o Estimate of total number of units sold annually in the State or nationally;E
o Purpose of the use of PFAS in any product component;
o Amount of each of the PFAS in the product,
- Each PFAS listed by its chemical abstracts service registry (CAS) number or, in the absence of this number,
a description approved by the department,
- Reported as an exact quantity, or as the amount of total organic fluorine if the amount of each
PFAS compound is not known;
- Quantities determined using commercially available analytical methods or based on information
provided by a supplier as falling within a range approved for reporting purposes by the department;
o Name and address of the manufacturer, and the name, address and phone number of a contact person
for the manufacturer; and
o Any additional information established by department rule as necessary to implement the requirements.
• Requirements no longer apply to companies that have 25 employees or less.
• Clarifies packaging that is exempt and notes that if packaging is the product being manufactured it is not exempt.
• Exempts used products or used product components.
Link to the Chaptered Amendment: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0138&item=3&snum=131
Original Law: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1113&item=5&snum=130%C2%A0
Maine PFAS in Products site including FAQ (will need updates): https://www.maine.gov/dep/spills/topics/pfas/PFAS-products/
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