Requirements by product
| Product | Requirement | Effective | Status | Source |
|---|---|---|---|---|
| Food packagingBan | A manufacturer, supplier or distributor may not offer for sale or for promotional purposes in Maine food packaging intended for direct food contact, made in substantial part of paper, paperboard or other plant-fiber material and intended for short-term storage or freshly prepared food, with PFAS intentionally introduced above an incidental presence, in these types: bags and sleeves, bowls, closed containers, flat serviceware, food boats, open-top containers, pizza boxes, plates, and wraps and liners.The Board of Environmental Protection adopted the rule April 18, 2024; it took effect May 25, 2024, and the statute delays the ban two years after DEP's safer-alternative determination. Food and beverage manufacturers with less than $1 billion in total annual national sales are exempt. Other packaging types are not covered unless DEP adds them after finding safer alternatives. | May 25, 2026 | In force | 32 M.R.S. section 1733(3-B), (3-C); 06-096 C.M.R. ch. 80, section 5 |
| CookwareBan | No person may sell, offer for sale or distribute for sale in Maine a cookware product containing intentionally added PFAS.Cookware means durable houseware used to prepare, dispense or store food or beverages. DEP guidance applies the 2026 ban to food contact surfaces, including electric appliances such as waffle makers and air fryers; PFAS only in internal non-food-contact components falls under the 2032 ban. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(A-10), (5)(B-1)(2) |
| CosmeticsBan | No person may sell, offer for sale or distribute for sale in Maine a cosmetic product containing intentionally added PFAS.Soap and prescription products are outside the cosmetic product definition. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(A-11), (5)(B-1)(3) |
| Children's productsBan | No person may sell, offer for sale or distribute for sale in Maine a juvenile product containing intentionally added PFAS.Covers products for children under 12, including child restraint systems for motor vehicles and aircraft, cribs and crib mattresses, strollers and play mats; excludes adult mattresses and children's electronic products. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(D-1), (5)(B-1)(5) |
| Apparel and textilesBan | No person may sell, offer for sale or distribute for sale in Maine a textile article containing intentionally added PFAS, which includes apparel, accessories, handbags and backpacks.Outdoor apparel for severe wet conditions is excluded from the 2026 ban; from January 1, 2029 it may be sold with intentionally added PFAS only with the disclosure "Made with PFAS chemicals." Textile articles in watercraft, aircraft and motor vehicles are excluded. DEP does not treat personal protective equipment, including firefighting gear, as a textile article for the 2026 ban. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(E-3), (1)(N), (5)(B-1)(7), (5)(B-2)(2) |
| Textile furnishingsBan | The textile article ban also covers household and business textiles such as draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins and tablecloths containing intentionally added PFAS.Carpets and rugs, treatments for converted textiles or leathers, laboratory testing textiles, stadium shades and architectural fabric structures, and industrial filtration media are excluded from the textile article definition. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(N), (5)(B-1)(7) |
| Carpets and rugsBan | No person may sell, offer for sale or distribute for sale in Maine a carpet or rug that contains intentionally added PFAS.Used carpets and rugs are exempt. The definition covers indoor floor coverings including carpeted doormats and excludes outdoor-only and vehicle rugs, resilient flooring, artificial turf, wall hangings, table mats and camping sleeping mats. | January 1, 2023 | In force | 38 M.R.S. section 1614(1)(A), (5)(A) |
| Fabric treatmentsBan | No person may sell, offer for sale or distribute for sale in Maine a fabric treatment that contains intentionally added PFAS.Also bars a PFAS-free fabric treatment sold in a fluorinated container or a container that otherwise contains intentionally added PFAS. Used products exempt. | January 1, 2023 | In force | 38 M.R.S. section 1614(5)(B) |
| Upholstered furnitureBan | No person may sell, offer for sale or distribute for sale in Maine upholstered furniture containing intentionally added PFAS. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(O), (5)(B-1)(9) |
| Cleaning productsBan | No person may sell, offer for sale or distribute for sale in Maine a cleaning product containing intentionally added PFAS.Cleaning products include air care, automotive maintenance, general cleaning, and polish or floor maintenance products for domestic, commercial or institutional use. The ban also covers PFAS-free products sold in fluorinated containers. Two currently unavoidable use determinations, running until January 1, 2031, cover cartridge valves (HTS 3926.90.4510) and vented cap liners (HTS 3921.19.0000, 7607.20.5000 and 3923.50.0000) in cleaning product containers used in specified industrial sectors. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(A-9), (5)(B-1)(1); 06-096 C.M.R. ch. 90 section 9(B) |
| Dental flossBan | No person may sell, offer for sale or distribute for sale in Maine dental floss containing intentionally added PFAS. | January 1, 2026 | In force | 38 M.R.S. section 1614(5)(B-1)(4) |
| Menstrual productsBan | No person may sell, offer for sale or distribute for sale in Maine a menstruation product containing intentionally added PFAS. | January 1, 2026 | In force | 38 M.R.S. section 1614(5)(B-1)(6) |
| Ski waxBan | No person may sell, offer for sale or distribute for sale in Maine ski wax containing intentionally added PFAS.Ski wax includes related tuning products for skis, snowboards and other snow runners. | January 1, 2026 | In force | 38 M.R.S. section 1614(1)(L), (5)(B-1)(8) |
| Artificial turfBan | No person may sell, offer for sale or distribute for sale in Maine artificial turf containing intentionally added PFAS.Used products exempt. | January 1, 2029 | Scheduled | 38 M.R.S. section 1614(1)(A-7), (5)(B-2)(1) |
| Firefighting foamBan | No person may manufacture, sell, offer for sale, distribute for sale or distribute for use in Maine firefighting or fire-suppressing foam to which PFAS have been intentionally added. No one may discharge such foam for testing or training unless it is fully collected for proper disposal.Exceptions: foam required by federal law at airports (for example 14 C.F.R. 139.317; the exception lapses if no federal requirement exists) and foam for DoD-required marine defense applications. Emergency use is allowed. Discharges to waters or adjacent land must be reported to DEP within 24 hours. Manufacturers had to notify recipients and recall and reimburse by January 1, 2022, and must give DEP a certificate of compliance on request. | January 1, 2022 | In force | 38 M.R.S. section 424-C(2), (3), (4), (5) |
| Firefighting foamOther duty | DEP, with the State Fire Marshal and when funds are available, must design and by July 1, 2027 implement a voluntary take-back and disposal program for PFAS firefighting foam held in Maine.Enacted by PL 2025, c. 525 (LD 222). DEP may contract a third party and adopt routine technical rules. | July 1, 2027 | Starts | 38 M.R.S. section 424-C(5-A) |
| PesticidesBan | A person may not distribute in Maine a pesticide that contains intentionally added PFAS that may not be sold or distributed under 38 M.R.S. section 1614(5)(D).The cross-referenced all-products ban in section 1614(5)(D) now starts January 1, 2032 (moved from 2030 by PL 2023, c. 630), and section 1614(4)(F) exempts FIFRA-regulated veterinary products other than those for aerial or land application; how these interact with the 2030 date was not resolved in the sources reviewed. | January 1, 2030 | Scheduled | 7 M.R.S. section 606(1)(I) |
| PesticidesBan | A person may not distribute in Maine a pesticide that has been contaminated by PFAS.In force; the date it first applied was not confirmed. | Not confirmed | In force | 7 M.R.S. section 606(1)(H) |
| All productsBan | No person may sell, offer for sale or distribute for sale in Maine any other product containing intentionally added PFAS unless DEP has determined by rule that the use is a currently unavoidable use.Also bars PFAS-free products sold in fluorinated containers. Excludes used products, HVACR equipment and its servicing parts, and SNAP-listed refrigerants, foams and aerosol propellants sold for their listed uses (these fall under the 2040 ban). Originally set for January 1, 2030 by PL 2021, c. 477. | January 1, 2032 | Scheduled | 38 M.R.S. section 1614(5)(D) |
| Other named productsBan | No person may sell, offer for sale or distribute for sale in Maine cooling, heating, ventilation, air conditioning or refrigeration equipment, or refrigerants, foams or aerosol propellants, containing intentionally added PFAS.Servicing parts and SNAP-listed refrigerants used to service such equipment are excluded; used products exempt; PFAS-free products in fluorinated containers are covered. | January 1, 2040 | Scheduled | 38 M.R.S. section 1614(5)(E) |
| ReportingReporting | A manufacturer selling a product under a DEP currently unavoidable use determination must file a notification with DEP (product description and sales estimate, purpose and amount of each PFAS, contact details, and the CUU determination relied on) and pay the fee.Only products covered by a CUU need notification. The first CUU determinations took effect October 7, 2025, and DEP says covered manufacturers must notify to keep selling after the January 1, 2026 ban. Fee is $1,500 per notification. Manufacturers with 100 or fewer employees are exempt. From January 1, 2032, a CUU product may not be sold if the manufacturer has not notified. The general notification once due January 1, 2025 was repealed by PL 2023, c. 630. | January 1, 2026 | Applies | 38 M.R.S. section 1614(2), (6), (7); 06-096 C.M.R. ch. 90 sections 3 and 6 |
| LabelingLabeling | Outdoor apparel for severe wet conditions containing intentionally added PFAS may be sold only with a legible, easily discernible disclosure stating "Made with PFAS chemicals," including in online sales.The category covers extreme and extended use gear for outdoor sports experts, such as offshore fishing, offshore sailing, whitewater kayaking and mountaineering apparel. DEP reads offshore fishing as sport fishing. | January 1, 2029 | Starts | 38 M.R.S. section 1614(1)(E-3), (5)(B-2)(2) |
The laws
Maine
PFAS in Products law (An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution)
- Citation
- 38 M.R.S. section 1614; 06-096 C.M.R. ch. 90
- Enacted by
- LD 1503 (2021), PL 2021, c. 477; amended by LD 217 (PL 2023, c. 138, 2023), LD 1537 (PL 2023, c. 630, 2024) and LD 987 (PL 2025, c. 67, 2025)
- Enacted or adopted
- July 15, 2021
- Last amended
- May 9, 2025
- Status
- Partly in force
- Source
- https://legislature.maine.gov/statutes/38/title38sec1614.html
How it defines PFAS
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.
Intentionally added
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.
Exemptions
- Products where federal law governs PFAS in a manner that preempts state authority
- Packages as defined in 32 M.R.S. section 1732(4), unless the package is the product, and except fluorinated or PFAS-containing containers of products banned under section 1614(5)(B), (B-1), (D) or (E)
- Used products and used product components
- Firefighting or fire-suppressing foam regulated under 38 M.R.S. section 424-C
- Prosthetic and orthotic devices, medical devices, drugs and biologics, and products used in FDA-regulated medical settings or applications
- Veterinary products regulated by FDA, USDA or EPA, except EPA-approved products for aerial or land application
- Products for public health, environmental or water quality testing
- Products required to meet DOT, FAA, NASA, DoD or DHS standards (textile articles and refrigerants in them stay covered)
- Motor vehicles and motor vehicle equipment, including off-highway and specialty vehicles, ATVs, side-by-sides, construction, forestry and farm equipment and personal assistive mobility devices (textile articles and refrigerants stay covered; widened by PL 2025, c. 67)
- Watercraft and seaplanes (textile articles and refrigerants stay covered)
- Semiconductors, including those in electronic equipment, and semiconductor manufacturing equipment and materials
- Nonconsumer electronics and nonconsumer laboratory equipment
- Equipment directly used to make or develop the exempt products in paragraphs E to L
- Retailers are not liable unless they keep selling after a manufacturer notice that sale is prohibited
Unavoidable use and waivers. DEP may determine by rule that a PFAS use is a currently unavoidable use: essential for health, safety or the functioning of society, with alternatives not reasonably available. A CUU exempts the product for five years from the rule's effective date or five years from the applicable ban date, whichever is longer, and triggers notification and fee. Under Chapter 90, proposals are accepted no earlier than 60 months and no later than 18 months before the relevant ban (the deadline for 2026 categories was June 1, 2025); DEP groups proposals into a routine technical rulemaking approved by the Board of Environmental Protection. Current determinations (effective October 7, 2025): PFAS in cleaning product container internal cartridge valves (HTS 3926.90.4510; NAICS 561210 and 561720) and in cleaning product container vented cap liners (HTS 3921.19.0000, 7607.20.5000 and 3923.50.0000; NAICS 322299), each until January 1, 2031.
Penalties. Violations are subject to DEP enforcement under 38 M.R.S. sections 347-A to 349 (per Chapter 90). DEP may direct a manufacturer to provide a certificate of compliance within 30 days or to notify sellers that sale is prohibited and give DEP their names and addresses.
Maine
PFAS in food packaging (Reduction of Toxics in Packaging law and DEP Chapter 80 rule)
- Citation
- 32 M.R.S. section 1733(3-B); 06-096 C.M.R. ch. 80, section 5
- Enacted by
- LD 1433 (2019), PL 2019, c. 277; DEP rule Chapter 80 section 5 adopted 2024
- Status
- In force
- Source
- https://legislature.maine.gov/statutes/32/title32sec1733.html
How it defines PFAS
Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (32 M.R.S. section 1732(5-A))
Intentionally added
Intentional introduction" means the act of deliberately using a regulated metal or other regulated chemical in the formation of a package or packaging component when its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance or quality. (32 M.R.S. section 1732(2-B); processing agents whose residue is neither desired nor deliberate are excluded)
Exemptions
- Manufacturers of a food or beverage product with less than $1,000,000,000 in total annual national sales of food and beverage products (32 M.R.S. section 1733(3-C))
- Maine manufacturers selling such packaging outside Maine
- Incidental presence of PFAS
Maine
PFAS in firefighting or fire-suppressing foam
- Citation
- 38 M.R.S. section 424-C
- Enacted by
- PL 2021, c. 449; amended by PL 2021, c. 583 and PL 2025, c. 525 (LD 222, law without signature January 11, 2026)
- Last amended
- January 11, 2026
- Status
- In force
- Source
- https://legislature.maine.gov/statutes/38/title38sec424-C.html
How it defines PFAS
Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in Title 32, section 1732, subsection 5-A (any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom).
Exemptions
- Foam required by federal law for airport firefighting (lapses if no federal requirement)
- Foam for marine defense applications required by the U.S. Department of Defense
- Discharge in an emergency to protect life or property
Penalties. DEP administers and enforces the section and may adopt routine technical rules.
Maine
Maine Pesticide Control Act PFAS provisions
- Citation
- 7 M.R.S. section 606(1)(H), (I)
- Enacted by
- PL 2021, c. 673
- Status
- Partly in force
- Source
- https://legislature.maine.gov/statutes/7/title7sec606.html
Timeline
- January 1, 2023 Took effect
Bans on PFAS in carpets, rugs and fabric treatments took effect. Source - June 8, 2023 Delayed
LD 217 (PL 2023, c. 138) approved, moving the PFAS product notification deadline from January 1, 2023 to January 1, 2025. Source - April 16, 2024 Amended
LD 1537 (PL 2023, c. 630) signed, repealing general notification and adding phased category bans. Source - April 16, 2024 Delayed
LD 1537 moved the all-products PFAS ban from January 1, 2030 to January 1, 2032. Source - April 18, 2024 Rule
Board of Environmental Protection adopted Chapter 80 section 5 banning PFAS in nine food packaging types. Source - May 25, 2024 Rule
Chapter 80 section 5 took effect, starting the two-year lead time for the food packaging ban. Source - August 9, 2024 Took effect
PL 2023, c. 630 amendments to the PFAS in Products law took effect. Source - May 6, 2025 Rule
DEP rule Chapter 90 implementing the PFAS in Products law took effect. Source - May 9, 2025 Amended
LD 987 (PL 2025, c. 67) approved, widening the motor vehicle and equipment exemption. Source - June 1, 2025 Update
Deadline for CUU proposals for the 2026 bans; DEP received 11. Source - July 17, 2025 Rule
DEP proposed Chapter 90 amendments granting 2 CUU determinations. Source - October 2, 2025 Rule
Board of Environmental Protection adopted the two CUU determinations for cleaning product container components. Source - October 7, 2025 Rule
Amended Chapter 90 with the CUU determinations took effect; covered manufacturers must notify DEP and pay the fee. Source - January 1, 2026 Took effect
Bans took effect for cleaning products, cookware, cosmetics, dental floss, juvenile products, menstruation products, textile articles, ski wax and upholstered furniture with intentionally added PFAS. Source - January 11, 2026 Enacted
LD 222 (PL 2025, c. 525) became law without the Governor's signature, requiring a PFAS foam take-back program by July 1, 2027. Source - May 1, 2026 Update
DEP cutoff for CUU proposals to be considered in its planned 2026 CUU rulemaking. Source - May 25, 2026 Took effect
Ban on intentionally introduced PFAS in nine types of plant-fiber food packaging took effect. Source