SG 73/23
The amendment postpones the notification deadline and gives manufacturers more options on how to report.
Maine’s governor signed into law LD 217 on June 8, 2023. The measure clarifies and improves provisions set out by 38 M.R.S. §1614 ‘Products Containing PFAS’ (SGS SafeGuard). The changes made are applied retroactively to the law from January 1, 2023.
In the meantime, the Maine Department of Environmental Protection (DEP) is working to finalize a rule under the 38 M.R.S. §1614 ‘Products Containing PFAS’ law, which would clarify disclosure requirements and establish a virtual notification tool (SG 28/33).
Table 1 highlights the changes LD 217 implements.
Comparison between 38 M.R.S. § 1614. Products Containing PFAS and respective amendments under LD 217
| Clause | LD 217 amending 38 M.R.S. § 1614. Products Containing PFAS | 38 M.R.S. § 1614. Products Containing PFAS |
|---|---|---|
| Notification requirement of intentionally added PFAS | Reporting required by Jan 1st, 2025 | Reporting required by Jan 1st, 2023 |
| Reporting of PFAS by CAS number or in the absence of this number a description approved by the DEP | Reporting of PFAS by CAS number | |
| Reporting as exact quantity of each PFAS compound or if not available as the amount of Total Organic Fluorine (TOF) determined by analytical testing or based on supplier information | Reporting as exact quantity of each PFAS compound determined by analytical testing | |
| Manufacturers employing 25 or less people are exempt from notification requirements | No exemption based on business size | |
| Exemptions | Exemption of used products or products components | No exemption of used products or products components |
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