G/TBT/N/USA/2063  
6 November 2023  
(23-7457) 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, State of Maine [2094]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notifica tion 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 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Prohibition 
on the use of phthalates and intentionally added per - and polyfluoroalkyl substances 
(PFAS) in food packaging; Environmental protection (ICS code(s): 13.020); Packaging 
materials and accessories (ICS code(s): 55.040); Prepackaged and prepared foods (ICS 
Code: 67.230); Materials and ar ticles in contact with foodstuffs (ICS code(s): 67.250); 
Chemical technology (ICS code(s): 71)  
5. Title, number of pages and language(s) of the notified document:  Chapter 80: 
Reduction of Toxics in Packaging; (9 page(s), in English)  
6. Description of con tent:  Proposed rule - The purpose of this rulemaking proposal is to 
update the existing Chapter 80 in accordance with changes in the law and to update 
language and formatting. The proposed changes include the incorporation of an existing 
statutory sales pr ohibition on the use of phthalates in food packaging. The proposal also 
adds a new section 5, establishing a sales prohibition on the use of specific applications 
of intentionally added per - and polyfluoroalkyl substances (PFAS) to certain types of food 
packaging. The addition of the new section 5 is major substantive rulemaking.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  
8. Relevant documents:   
Maine Department of Environmental Protection Rulemaking: 
https://www.maine.gov/dep/rules/index.html#12011683   
Chapter 80: Reduction of To xics in Packaging Draft Rule: 
https://www.maine.gov/tools/whatsnew/attach.php?id=12011683&an=2  
WTO Members and their stakeholders are asked t o submit comments to the USA TBT 
Enquiry Point . Comments received by the USA TBT Enquiry Point from WTO Members and G/TBT/N/USA/2063  
 
- 2 - 
 
  their stakeholders by 4pm Eastern Time  on 30 November 2023 will be shared with the 
Maine Department of Environmental Protection.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  30 November 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_13315_00_e.pdf