APPROVED CHAPTER
APRIL 16, 2024 630
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 610 - L.D. 1537
An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and
Polyfluoroalkyl Substances Pollution
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1614, as amended by PL 2023, c. 138, §§1 to 4, is further
amended to read:
§1614. Products containing PFAS
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Carpet or rug" means a consumer product made from natural or synthetic fabric
marketed or intended for use to be used as a floor covering inside commercial or
residential buildings. "Carpet or rug" includes, but is not limited to, a carpeted
doormat, but does not include:
(1) A carpet or rug intended solely for outdoor use;
(2) A carpet or rug intended solely for use inside an aircraft, train, watercraft,
automobile, light duty truck, van, bus or any other vehicle and any aftermarket or
replacement part marketed solely for use in a vehicle;
(3) A resilient floor covering;
(4) Artificial turf;
(5) A wall hanging or covering;
(6) A table mat; or
(7) A camping sleeping mat.
A-1. "Adult mattress" means a mattress that is not a crib mattress or a toddler mattress.
A-2. "Aerosol propellant" has the same meaning as in section 1613, subsection 1,
paragraph A.
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A-3. "Air care product" means a chemically formulated consumer product labeled to
indicate that the purpose of the product is to enhance or condition an indoor
environment by eliminating odors or freshening the air.
A-4. "Aircraft" means a contrivance operated by direct physical contact from a human
that is used or designed for navigation of or flight in the air that requires certification
and registration as prescribed by federal law or regulation. "Aircraft" does not include:
(1) A lighter-than-air balloon operated by direct physical contact from a human;
or
(2) An ultralight vehicle, as defined in 14 Code of Federal Regulations, Part 103,
regardless of whether the ultralight vehicle is certified by the United States
Department of Transportation, Federal Aviation Administration.
A-5. "Alternative" means a substance or chemical that, if used in place of a PFAS in a
product, would result in a functionally equivalent product and would reduce the
potential for harm to human health or the environment or that has not been shown to
pose the same or greater potential harm to human health or the environment as the
PFAS. "Alternative" includes:
(1) A reformulated version of a product in which the intentionally added PFAS in
the product has been removed; and
(2) Changes to a product's manufacturing process that result in the removal of the
PFAS from the product.
A-6. "Architectural fabric structure" means a permanent fabric structure that is
intrinsic to the design or construction of a building.
A-7. "Artificial turf" means an artificial product made from synthetic material that
simulates the appearance of natural turf, grass, sod or lawn.
A-8. "Automotive maintenance product" means a chemically formulated consumer
product labeled to indicate that the purpose of the product is to maintain the appearance
of a motor vehicle. "Automotive maintenance product" includes products for washing,
waxing, polishing, cleaning or treating the exterior or interior surface of a motor
vehicle, but does not include automotive paint or automotive paint repair products.
A-9. "Cleaning product" means a finished product used primarily for domestic,
commercial or institutional cleaning purposes, including, but not limited to, an air care
product, an automotive maintenance product, a general cleaning product and a polish
or floor maintenance product.
A-10. "Cookware product" means a durable houseware product intended to be used to
prepare, dispense or store food, foodstuffs or beverages, including, but not limited to,
a pot, pan, skillet, grill, baking sheet, baking mold, tray, bowl and cooking utensil.
A-11. "Cosmetic product" means a product intended to be rubbed, poured, sprinkled
or sprayed on, introduced into or otherwise applied to the human body for cleansing,
beautifying, promoting attractiveness or altering the appearance. "Cosmetic product"
includes any product intended for use as a component of another cosmetic product, but
does not include soap or a product that requires a prescription for distribution or
dispensing.
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B. "Currently unavoidable use" means a use of PFAS that the department has
determined by rule under this section to be essential for health, safety or the functioning
of society and for which alternatives are not reasonably available.
B-1. "Essential for health, safety or the functioning of society" means a use of a PFAS
in a product when the function provided by the PFAS is necessary for the product to
perform as intended, such that the unavailability of the PFAS for use in the product
would cause the product to be unavailable, which would result in:
(1) A significant increase in negative health outcomes;
(2) An inability to mitigate significant risks to human health or the environment;
or
(3) A significant disruption of the daily functions on which society relies.
C. "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.
C-1. "Foam" has the same meaning as in section 1613, subsection 1, paragraph K.
"Foam" does not include a firefighting or fire-suppressing foam or related product
regulated under section 424-C.
D. "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 by-
products of PFAS.
D-1. "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age including, but not limited to: a baby or toddler foam
pillow; bassinet; bedside sleeper; booster seat; changing pad; child restraint system for
use in motor vehicles and aircraft; co-sleeper; crib mattress; highchair; highchair pad;
infant bouncer; infant carrier; infant seat; infant sleep positioner; infant swing; infant
travel bed; infant walker; nap cot; nursing pad; nursing pillow; play mat; playpen; play
yard; polyurethane foam mat, pad or pillow; portable foam nap mat; portable infant
sleeper; portable hook-on chair; soft-sided portable crib; stroller; and toddler mattress.
"Juvenile product" does not include an adult mattress or an electronic product marketed
for use by children under 12 years of age, including a personal computer, audio and
video equipment, calculator, wireless telephone, game console, handheld device
incorporating a video screen and any associated peripheral, such as a mouse, keyboard,
power supply unit or power cord.
D-2. "Known to or reasonably ascertainable by" means, with respect to a person, all
information in the person's possession or control as well as all information that a
reasonable person similarly situated might be expected to possess, control or know.
E. "Manufacturer" means the person that manufactures a product or whose brand name
is affixed to the product. In the case of a product imported into the United States,
"manufacturer" includes the importer or first domestic distributor of the product if 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.
E-1. "Medical device" has the same meaning as the term "device" as defined in 21
United States Code, Section 321(h).
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E-2. "Off-highway vehicle" means a vehicle designed to be or marketed as capable of
off-highway operation, including, but not limited to:
(1) A motorcycle or motor-driven cycle;
(2) A snowmobile or other vehicle designed to travel over snow or ice;
(3) A sand buggy, dune buggy or similar all-terrain vehicle;
(4) A motor vehicle commonly referred to as a jeep; and
(5) A recreational off-highway vehicle.
E-3. "Outdoor apparel for severe wet conditions" means a clothing item that is an
extreme and extended use product designed for outdoor sports experts for applications
that provide protection against extended exposure to extreme rain conditions or against
extended immersion in water or wet conditions to protect the health and safety of the
user and that are not marketed for general consumer use, including, but not limited to,
such extreme and extended use products designed for offshore fishing, offshore sailing,
whitewater kayaking and mountaineering.
F. "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.
G. "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.
H. "Product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
H-1. "Proprietary information" means information that is a trade secret or production,
commercial or financial information the disclosure of which would impair the
competitive position of the submittor and would make available information not
otherwise publicly available.
I. "Publicly owned treatment works" has the same meaning as in section 361-A.
J. "Refrigerant" has the same meaning as in section 1613, subsection 1, paragraph Y.
K. "Single-use" means, with respect to a product, conventionally disposed of after one
use or not sufficiently durable or washable to be, or not intended to be, reusable or
refillable.
L. "Ski wax" means a lubricant applied to the bottom of snow runners, including, but
not limited to, skis and snowboards, to improve grip or glide properties. "Ski wax"
includes related tuning products.
M. "Textile" means an item made in whole or in part from natural or synthetic fiber,
yarn or fabric, including, but not limited to, leather, cotton, silk, jute, hemp, wool,
viscose, nylon and polyester. "Textile" does not include a single-use absorbent hygiene
product or a single-use paper hygiene product, including, but not limited to, toilet
paper, paper towels or tissues.
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 N. "Textile article" means a textile good of a type customarily and ordinarily used in
households and businesses. "Textile article" includes, but is not limited to, apparel,
accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery,
beddings, towels, napkins and tablecloths, but does not include:
(1) A carpet or rug;
(2) A treatment for use on converted textiles or leathers;
(3) A textile used in or designed for laboratory analysis and testing;
(4) A stadium shade or other architectural fabric structure; or
(5) Filtration media or a filter product used in industrial applications, including,
but not limited to, chemical or pharmaceutical manufacturing and environmental
control technologies.
O. "Upholstered furniture" means an article of furniture that is designed to be used for
sitting, resting or reclining and that is wholly or partly stuffed or filled with any filling
material.
P. "Vehicle" means a device by which any person or property may be propelled, moved
or drawn upon a way but does not include such a device that is moved exclusively by
human power or that is used exclusively upon stationary rails or tracks.
2. Notification. A Except as provided pursuant to paragraph D or subsection 3, a
manufacturer of a product for sale in the State that contains intentionally added PFAS and
for which the department has determined that the use of PFAS in the product is a currently
unavoidable use in accordance with subsection 5, paragraph F shall comply with the
requirements of this subsection.
A. Except as provided in subsection 3, by January 1, 2025, a The manufacturer of a
product for sale in the State that contains intentionally added PFAS shall submit to the
department a written notification that includes, to the extent known to or reasonably
ascertainable by the manufacturer:
(1) A brief description of the product, including an estimate of the total number of
units of the product sold annually in the State or nationally;
(2) The purpose for which PFAS are used in the product, including in any product
components;
(3) The amount of each of the PFAS, identified by its chemical abstracts service
registry number or in the absence of this number a description approved by the
department, in the product, reported as an exact quantity, or as the amount of total
organic fluorine if the amount of each of the PFAS compound is not known,
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 or, if the manufacturer is unable to provide information
regarding the amount of each of the PFAS in the product, the total weight of the
product;
(4) The name and address of the manufacturer, and the name, address and phone
number of a contact person for the manufacturer; and
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 (4-A) The identification of the applicable determination adopted by the department
by rule pursuant to subsection 5, paragraph F that the use of PFAS in the product
is a currently unavoidable use; and
(5) Any additional information established required by the department by rule as
necessary to implement the requirements of this section.
A-1. At the time the manufacturer submits to the department the written notice required
in paragraph A, the manufacturer shall also pay to the department the applicable fee
established by the department by rule pursuant to subsection 6.
B. With the approval of the department, a the manufacturer may supply the information
required in paragraph A for a category or type of product rather than for each individual
product.
C. In accordance with rules adopted by the department, a the manufacturer shall update
and revise the information in the written notification whenever there is significant
change in the information or when requested to do so by the department.
D. The requirements of this subsection do not apply to a manufacturer that employs
25 100 or fewer people.
3. Waiver of notification; coordination with other states; extension of deadline.
The department may waive all or part of the notification requirement under subsection 2 if
the department determines that substantially equivalent information is already publicly
available. The department may enter into an agreement with one or more other states or
political subdivisions of a state to collect notifications and may accept notifications to a
shared system as meeting the notification requirement under subsection 2. The department
may extend the deadline for submission by a manufacturer of the information required
under subsection 2 if the department determines that more time is needed by the
manufacturer to comply with the submission requirement.
4. Exemptions. The following are exempt from this section:
A. A product for which federal law governs the presence of PFAS in the product in a
manner that preempts state authority;
B. A package, as defined in Title 32, section 1732, subsection 4, for a product, except
when the package is the product of the manufacturer. The exemption under this
paragraph does not apply to the package of a product prohibited from sale, offer for
sale or distribution for sale pursuant to subsection 5, paragraph B, B-1, D or E if that
package is a fluorinated container or a container that otherwise contains intentionally
added PFAS; and
C. A used product or used product component.;
D. A firefighting or fire-suppressing foam or related product regulated under section
424-C;
E. A prosthetic or orthotic device or any product that is a medical device, drug or
biologic or that is otherwise used in a medical setting or in medical applications that
are regulated by or under the jurisdiction of the United States Food and Drug
Administration;
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 F. A veterinary product intended for use in or on animals, including diagnostic
equipment or test kits and their components and any product that is a veterinary medical
device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical
setting or in veterinary medical applications that are regulated by or under the
jurisdiction of:
(1) The United States Food and Drug Administration;
(2) The United States Department of Agriculture pursuant to the federal Virus-
Serum-Toxin Act; or
(3) The United States Environmental Protection Agency pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act, except that any such products
approved by the United States Environmental Protection Agency pursuant to that
law for aeria