G/TBT/N/USA/1967  
16 February 2023  
(23-1112) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
Maine  
2. Agency responsible:   
Department of Environmental Protection (DEP), State of Maine [1998]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the no tification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X ], 7.2 [X] , 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Products 
containing perfluoroalkyl and polyfluoroalkyl substances; Environmental protection (ICS 
code(s): 13.020); Domestic safety (ICS code(s): 13.120); Packaging materials and 
accessories (ICS code(s): 55.040); Products of the textile industry (ICS code(s): 59.080); 
Materials and articles in contact with foodstuffs (ICS  code(s): 67.250); Production in the 
chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 
71.100); Plastics (ICS code(s): 83.080); Furniture (ICS code(s): 97.140); Home textiles. 
Linen (ICS code(s): 97.160); Miscellaneou s domestic and commercial equipment (ICS 
code(s): 97.180)  
"Product" means an item manufactured, assembled, packaged, or otherwise prepared for 
sale to consumers, including its product components, that is sold or distributed for 
personal, residential, comme rcial, or industrial use, including for use in making other 
products. Product includes packages, packaging components, and food packaging as 
defined in 32 M.R.S. § 1732  ("Food package" means a package that is designed for direct 
food contact. "Food package" includes, but is not limited to, a food or beverage product 
that is contained in a food package or to which a food package is applied, a packaging 
component of a food package and plastic disposable gloves used in commercial or 
institutional food service) when sold individually or in bulk and not used in marketing, 
handling, or protecting a product).  
5. Title, number of pages and language(s) of the notified document:  Products 
Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS); (9 page(s), in English)  
6. Description of content:  Proposed rule - The Department is proposing a new rule: 
Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substance s. The rule 
provides additional guidance on the notification requirements and sales prohibitions for 
products and product components containing intentionally added PFAS pursuant to 38 
M.R.S. 1614 . G/TBT/N/USA/1967  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Prevention of deceptive practices and 
consumer protection; Protection of human health or safety; Protection of animal or plant 
life or health; Protection of the environment  
8. Relevant documents:   
• Chapter 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances 
(PFAS): https://www.maine.gov/dep/rules/index.html#10415809  
• Maine Department of Environmental Protection - PFAS in Products: 
https://www.maine.gov/dep/spills/topics/pfas/PFAS -products/index.html  
• Maine enacted a Perfluoroalkyl and polyfluoroalkyl substances (PFAS) regulation: 
https://mainelegislature.org/legis/bills/getPDF.asp?paper=HP1113&item=5&snu
m=130  
• WTO Members and their stakeholders are asked to submit comments to the USA 
TBT Enquiry Point  by or before 4pm Eastern Time  on 19 May 2023. Comments 
received by the USA  TBT Enquiry Point from WTO Members and their stakeholders 
will be shared with the regulator.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  19 May 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_1135_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_1135_01_e.pdf