Maine Reexamines PFAS Ban And Reporting Regulations

"First movers" in a regulatory field often need to recalibrate their approach. Maine is no exception as it seeks to implement the broadest reporting and use ban in the country addressing per- and polyfluoroalkyl substances ("PFAS") chemicals in consumer products. With other states watching their experiment carefully, Maine's legislature and Department of Environmental Protection ("MDEP") are considering significant adjustments to the ground-breaking program.

Last August, the Maine legislature introduced broad and sweeping restrictions on a range of PFAS-containing products, representing the most aggressive state action to date against the so-called "forever chemicals." In effect, the law would ban PFAS in most products in the state by 2030. Specifically, the law mandates that on January 1, 2030, "a person may not sell, offer for sale or distribute for sale" products where PFAS have been "intentionally added," except in cases of "unavoidable use." The law also