The U.S. state Maine bans PFA containing products
The new law in Maine requires products containing PFA to be reported and will ultimately phase out the sales thereof completely.
The regulation mainly provides regulatory guidelines on notification requirements and sales bans for products and product components containing intentionally added PFAs.
In light of absent enforceable PFA (Perfluoroalkoxy alkane) regulations on a federal level, a few U.S. states have developed policies addressing some aspects of these human-made chemicals. In 2021, the U.S. state of Maine became the first state to completely prohibit the sale of products containing intentionally added PFAs. PFAs have been used in formulas for many types of products ranging from food packaging and kitchen ware to fabrics.
The law requires parties intending to manufacture or process any of these chemicals for a significant new use to notify the EPA (Environmental Protection Agency) at least 90 days before beginning such manufacture. This would also apply to importation or processing. The EPA, after receipt of the notification, must either decide that the significant new use is not likely to pose an unreasonable risk to health or the environment or take regulatory action associated with an alternative determination. This must be done before manufacturing or processing for significant new use can commence.
The law defines “product” very broadly and includes any product components that are sold or distributed for personal, household, commercial, or industrial use. This also points to packaging, packaging components, and food packaging. The term “food packaging” includes, but is not limited to, a food or beverage product that is contained in or has food packaging affixed to it. Further, it also includes a packaging component of a food package and disposable plastic gloves used in the commercial or institutional food supply industry when sold individually or in bulk. This, however, does not apply to the marketing, handling, or protection of a product.
The reporting obligation started on January 1, 2023, and the prohibition of sale of products containing PFAs takes effect on January 1, 2030.
The text of the regulation can be consulted HERE.
