Maine, USA, Issues Final Rule for Products Containing PFAS

SafeGuardSAutomotive, Cosmetics & Personal Care, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsJune 03, 2025

SG 075/25

The Maine Department of Environmental Protection (DEP) has issued a final rule to implement its law on ‘Products Containing PFAS’. These requirements took effect on May 6, 2025.

In January 2025, we informed you that the Maine DEP had announced a draft rule to implement the state’s ‘Products Containing PFAS’ law (38 M.R.S. §1614, ‘the law’, SafeGuardS 7/25 and references therein). The law was originally enacted in July 2021 and subsequently amended in June 2023 and April 2024 to introduce various sales prohibitions on products containing intentionally added per- and polyfluoroalkyl substances (PFAS) and to establish reporting requirements where currently unavoidable use (CUU) had been determined.

In April 2025, the Maine DEP adopted its final rule for Chapter 90: Products Containing PFAS (the ‘final rule’), implementing sales prohibitions and notification requirements and establishing the conditions for CUU of intentionally added PFAS.

Highlights of the final rule are summarized in Table 1

Section to Chapter 90: Products Containing PFAS	Highlights
1 ‘Applicability’	Unless exempt under section 4 of Chapter 90, applies to all new and unused products containing intentionally added PFAS
2 ‘Definitions’	Provides clarification and/or definition for several terms: Drones are not considered as an aircraft due to their unmanned nature Automotive maintenance product’ does not include items that are used in the mechanical maintenance of an automobile, such as oil, coolant, filters, and other consumable and replacement and repair parts Defines ‘Consumer products’ as goods which are marketed for and intended to be used primarily for personal, family or household purposes Emphasizes that ‘Cookware product’ does not include items that are exclusively for use in commercial, industrial, or institutional settings Unless exempt under section 4 of Chapter 90, stresses that ‘Cosmetic product’ to include inks, such as tattoos, implants, jewelry and body modifications that are introduced into the human body Affirms that ‘Fabric dyes’ are not ‘Fabric treatments’ Indicates that intentionally added PFAS includes degradation by-products serving a functional purpose or technical effect within the product or its components, but does not include PFAS as a contaminant or used in the manufacturing process while not present in the final product Determines that ‘Product’ includes packages, packaging components and food packaging (32 M.R.S. § 1732), when sold individually or in bulk, but not used in marketing, handling or protecting a product
3 ‘Notification’	Clarifies that the prohibition of a product containing intentionally added PFAS is immediately effective as listed in section 5, including those already in the stream of commerce, unless there is a currently unavoidable use (CUU) determination, and the DEP has received a completed notification Details the information to be submitted for notification by manufacturer with more than 100 employees for products covered by a CUU determination Details the requirements for ‘Waiver of notification’
4 ‘Exemptions’	Exempts several product categories, including but not limited to: Products containing PFAS regulated under federal law that pre-empts state authority A package for a product, unless the package is the product of the manufacturer, or the package is a fluorinated container or container that otherwise contains intentionally added PFAS A used product or product component
5 ‘Prohibition on Sale of Products Containing Intentionally Added PFAS’	Details the ban on products containing intentionally added PFAS and their effective dates (See Table 1 of SafeGuardS 71/24 for summary)
6 ‘Fees’	Details the fees payable for the notification of products
7 ‘Failure to Provide Notice’	Unless a waiver is granted, a product containing intentionally added PFAS is prohibited from January 1, 2032, regardless of whether the DEP has determined a CUU exists if the manufacturer has failed to provide the information listed in section 3
8 ’Certificate of Compliance (CoC)’	Manufacturers must produce a CoC within 30 days to attest the product does not contain intentionally added PFAS if requested by the DEP
9 ‘CUU’	Details the information required for a proposed CUU determination Unless CUU proposals for sales prohibitions taking effect in 2026, which must be submitted by June 1, 2025, initial CUU proposals must be submitted between 18 and 60 months before the effective date of the sales prohibition

Table 1

Further information on the PFAS in Products Program can be found in the Maine DEP website.

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