Maine — Products containing perfluoroalkyl and polyfluoroalkyl substances, 38 M.R.S.A. § 1614
- Citation
- 38 M.R.S.A. § 1614
- Jurisdiction
- US-ME
- Made by
- Maine Department of Environmental Protection
- Instrument
- Statute
- Status
- In force
What it requires (4 obligations)
Since 1 January 2023 a carpet or rug, and a fabric treatment, containing intentionally added PFAS may not be sold, offered for sale or distributed for sale in Maine. Carpets and rugs in used condition are excluded.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Traders
- Products
- Carpets, floor coverings, consumer products
- Markets
- US-ME
- Entry into force
- 2023-01-01
The test is intentional addition, not a concentration; the statute sets no limit value.
38 M.R.S.A. § 1614(5)(A) and (B), as amended by PL 2023, c. 630.
From 1 January 2026 a textile article containing intentionally added PFAS, and upholstered furniture containing intentionally added PFAS, may not be sold, offered for sale or distributed for sale in Maine. Outdoor apparel for severe wet conditions and textiles in watercraft, aircraft and motor vehicles are excluded from the textile-article ban.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Traders
- Products
- Textiles, apparel, clothing accessories, home textiles, upholstery
- Markets
- US-ME
- Entry into force
- 2026-01-01
"Textile article" covers apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins and tablecloths, and excludes carpets, fabric treatments, laboratory textiles, architectural fabric and industrial filters. Under subsection 8 the department may require a manufacturer, within 30 days, to provide a certificate attesting that the product contains no intentionally added PFAS. The department's FAQ treats personal protective equipment as outside "textile article"; that is agency interpretation, not statute.
38 M.R.S.A. § 1614(5)(B-1)(7) and (9), as amended by PL 2023, c. 630.
From 1 January 2029 outdoor apparel for severe wet conditions containing intentionally added PFAS may not be sold in Maine unless accompanied by a legible, easily discernible disclosure stating "Made with PFAS chemicals".
No date set Scheduled Adopted, dates set, not yet in force
- Who it falls on
- Traders
- Products
- Apparel
- Markets
- US-ME
- Entry into force
- 2029-01-01
A disclosure duty, not a ban: the product stays saleable if labelled.
38 M.R.S.A. § 1614(5)(B-2)(2).
From 1 January 2032 any product containing intentionally added PFAS not already prohibited may not be sold in Maine unless the department has determined by rule that the use is a currently unavoidable use.
No date set Scheduled Adopted, dates set, not yet in force
- Who it falls on
- Traders
- Products
- Consumer products, textiles
- Markets
- US-ME
- Entry into force
- 2032-01-01
This is where outdoor apparel for severe wet conditions finally meets a ban, unless a currently unavoidable use determination covers it.
38 M.R.S.A. § 1614(5)(D).
This is a register, not advice. It records what an instrument says and when it applies. Whether it applies to a particular company, product or shipment is a question for somebody who knows that business, and the answer is frequently not what the summary above would suggest.
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