An Act To Protect the Environment and Public Health by Further Reducing Toxic Chemicals in Packaging
Maine Legislature, Session 129, LD 1433
Committee Amendment CA_A_H362 (House)
Amends: 32 MRSA §1731, 32 MRSA §1732, 32 MRSA §1733, 32 MRSA §1734, 32 MRSA §1735, 32 MRSA §1737, 32 MRSA §1739

COMMITTEE AMENDMENT "f].,, to H.P. 1043, L.D. 1433, Bill, "An Act To 
Protect the Environment and Public Health by Further Reducing Toxic Chemicals in 
Packaging" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec.1. 32 MRSA §1731, as enacted by PL 1989, c. 849, §1, is amended to read: 
§1731. Purpose 
The purpose of this chapter is to reduce the toxicity of packaging and packaging 
waste without impeding or discouraging the expanded use of post-consumer materials in 
the production of packaging and its components. Under this chapter, reduction of the 
toxicity in packaging and packaging waste is accomplished by prohibiting the 
unnecessary addition of heavy metals certain chemicals, such as lead, mercury, cadmium 
and.1 hexavalent chromium, PF AS and phthalates, in packaging and packaging 
components. 
Sec. 2. 32 MRSA §1732, as amended by PL 1995, c. 656, Pt. A, §§7 and 8, is 
further amended to read: 
§1732. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1-A. 
Department. 
11Department
means the Department of Environmental 
Protection. 
1-B. 
Alternative. 
11Altemative
means a substitute process, product, material, 
chemical, strategy or combination of these that serves a functionally equivalent purpose 
to a chemical in a package or packaging component. 
1-C. 
Chemical. 
11Chemical
means a substance with a distinct molecular 
composition or a group of structurally related substances and includes the breakdown 
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COMMITTEE AMENDMENT "A" to H.P. 1043, L.D. 1433 
products of the substance or substances that form through decomposition, degradation or 
metabolism. 
2. Distributor. "Distributor" means any person, firm or corporation that sells a 
packaged product to a retailer in this State or any person, firm or corporation that receives 
a shipment or consignment of, or in any other manner acquires, packaged products 
outside the State for sale to consumers in the State. 
2-A. Incidental presence. "Incidental presence" means the presence of a regulated 
metal or other regulated chemical as an unintended or undesired ingredient of a package 
or packaging component. 
2-B. 
Intentional introduction. 
"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. 
The use of a regulated metal or other regulated chemical as a processing agent or 
intermediate to impart certain chemical or physical changes during manufacturing, when 
the incidental retention of a residue of the metal or chemical in the final package or 
packaging component is neither desired nor deliberate, is not considered intentional 
introduction for the purposes ofthis chapter. 
The use of recycled materials as feedstock for the manufacture of new packaging 
materials, when a portion of the recycled materials may contain amounts of the regulated 
metals or other regulated chemicals, is not considered intentional introduction for the 
purposes of this chapter when the new package or packaging component is in compliance 
with section 1733. 
2-C. Food package. "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. 
3. Manufacturer. 
"Manufacturer" means any person whe that manufactures a 
package or packaging component. 
4. Package. "Package" means a container used in marketing, protecting or handling 
a product and. "Package" includes a unit package and a shipping container defined by the 
American Society for Testing and Materials in its annual book of standards as ASTM, 
D996. "Package" also includes suoh; a food package; and unsealed receptacles such as 
carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, 
bags and tubs. 
5. Packaging component. "Packaging component" means any individual assembled 
part of a package such as, but not limited to, any interior or exterior blocking, bracing, 
cushioning, weatherproofmg, exterior strapping, coatings, closures, inks and labels. Tin-
plated steel that meets the American Society for Testing and Materials specification A-
must be considered as a single package component. Electrogalvanized coated steel 
and hot-dipped coated galvanized steel that meets the American Society for Testing and 
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COMMITTEE AMENDMENT .. /f" to H.P. 1043, L.D. 1433 
Materials specifications A-525 and A-879 must be treated in the same manner as tin-
plated steel. 
5-A. Perfluoroalkyl and polyfluoroalkyl substances; PFAS. 
11Perfluoroalkyl and 
polyfluoroalkyl substances" or 
11PFAS
means any member of the class of fluorinated 
organic chemicals containing at least one fully fluorinated carbon atom. 
5-B. Phthalates. "Phthalates" means any member of the class of organic chemicals 
that are esters of phthalic acid and that contain 2 carbon chains located in the ortho 
position. 
5-C. 
Safer alternative. 
"Safer alternative
means an alternative that, when 
compared to a chemical that it could replace, would reduce the potential for harm to 
human health or the environment or that has not been shown to pose the same or greater 
potential for harm to human health or the environment as that chemical. 
6. Supplier. 
11Supplier
means any person, firm or corporation that sells packages or 
packaging components to a distributor. 
Sec. 3. 32 MRSA §1733, as enacted by PL 1989, c. 849, §1, is amended to read: 
§1733. Prohibitions; substitute materials 
1. 
Prohibition of sale of packaging containing certain heavy metals. 
A 
manufacturer, supplier or distributor may not offer for sale or for promotional purposes in 
the State a package or packaging component that includes inks, dyes, pigments, 
adhesives, stabilizers, coatings or any other additives to which any lead, cadmium, 
mercury or hexavalent chromium has been intentionally introduced during manufacturing 
or distribution. This ·prohibition does not apply to the incidental presence of any of these 
elements. 
2. Prohibition of sale of product in packaging containing certain heavy metals. 
A manufacturer or distributor may not offer for sale or for promotional purposes in the 
State any product in a package that includes, in the package itself or any packaging 
components, inks, dyes, pigments, adhesives, stabilizers, coatings or any other additives 
to which any lead, cadmium, mercury or hexavalent chromium has been intentionally 
introduced during manufacturing or distribution. This prohibition does not apply to the 
incidental presence of any of these elements. 
3. 
Concentration levels of certain heavy metals. 
+he For the purposes of 
subsections 1 and 2, the sum of the concentration levels of lead, cadmium, mercury and 
hexavalent chromium present in any package or packaging component may not exceed: 
A. Effective April 1, 1992, 600 parts per million by weight, or 0.06%; 
B. Effective April 1, 1993, 250 parts per million by weight, or 0.025%; and 
C. Effective April 1, 1994, 100 parts per million by weight, or 0.01 %. 
3-A. Prohibition of sale of food package containing phtbalates. Beginning 
January 1, 2022, a manufacturer, supplier or distributor may not offer for sale or for 
promotional purposes in the State a food package that includes inks, dyes. pigments, 
adhesives, stabilizers, coatings. plasticizers or any other additives to which phthalates 
have been intentionally introduced in any amount greater than an incidental presence. 
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The prohibition in this subsection does not prevent a manufacturer that is located in the 
State from offering for sale or for promotional purposes outside the State a food package 
to which phthalates have been intentionally introduced in any amount greater than an 
incidental presence. 
3-B. Prohibition of sale of food package containing PFAS. In accordance with the 
requirements of this subsection, the department may by rule prohibit a manufacturer, 
supplier or distributor from offering for sale or for promotional purposes in the State a 
food package to which PF AS have been intentionally introduced in any amount greater 
than an incidental presence. 
A. The department may not by rule prohibit the sale of a food package to which 
PF AS have been intentionally introduced in any amount greater than an incidental 
presence under this subsection unless the department has detennined that a safer 
alternative to the use of PF AS in a specific application of PF AS to a food package is 
available. To determine that a safer alternative is available, the department must find 
that a safer alternative is readily available in sufficient quantity and at a comparable 
cost and that the safer alternative performs as well as or better than PF AS in a 
specific application of PF AS to a food package. 
B. If the department detennines pursuant to paragraph A that a safer alternative to 
the use of PF AS in a specific application of PFAS to a food package is available, the 
department shall by rule prohibit the sale of a food package to which PF AS have been 
intentionally introduced in arty amount greater than an incidental presence under this 
subsection, except that such a prohibition may not take effect until January 1. 2022 or 
years following the date on which the department determines that a safer alternative 
is available, whichever is later. 
The prohibition in this subsection does not prevent a manufacturer that is located in the 
State from offering for sale or for promotional purposes outside the State a food package 
to which PF AS have been intentionally introduced in any amount greater than an 
incidental presence. 
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 
5, chapter 375, subchapter 2-A. 
3-C. Exemption to prohibition of sale of food package. The prohibitions in 
subsections 3-A and 3-B do not apply to a manufacturer of a food or beverage product 
that is contained in a food package or to which a food package is applied as long as that 
manufacturer has less than $1,000,000,000 of total annual national sales of food and 
beverage products. 
4. Substitute materials. No material used to replace lead, cadmium, mercury et',. 
hexavalent chromium. phthalates or PFAS in a package or packaging component may be 
used in a quantity or manner that creates a hazard as great as or greater than the hazard 
created by the lead, oaamilID'l, mercury or heJ(avalent ohromfum prohibited heavy metal 
or chemical. 
Sec. 4. 32 MRSA §1734, as amended by PL 1995, c. 656, Pt. A, §9, is :ft.uther 
amended to read: 
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COMMITTEEAMENDMENT"fo"toH.P. 1043,L.D. 1433 
§1734. Exemptions 
All packages and packaging components are subject to the provisions of section 1733 
unless: 
1. Manufactured prior to April 1, 1992. The package or packaging component has 
a code indicating a date of manufacture prior to the effeetive date of this seetion April 1, 
1992; 
2. Health and safety requirements; feasibility; post-consumer materials. The 
manufacturer, supplier or distributor petitions the department for an exemption for a 
particular package or packaging component and the department grants an exemption for 
one or more of the following reasons. 
A. 
The package or packaging component contains lead, cadmium, mercury or 
hexavalent chromium added in the manufacturing, forming, printing or distribution 
process in order to comply with health or safety requirements of state or federal law. 
B. 
There is no feasible alternative to the use of lead, cadmium, mercury or 
hexavalent chromium in the package or packaging component. For the purposes of 
this section, "no feasible alternative" means a use in which the regulated substance is 
essential to the protection, safe handling or function of the package's contents. 
C. 
The addition of post-consumer materials causes the package or packaging 
component to exceed the maximum concentration levels set forth in section 1733, 
subsection 3. 
For packages or packaging components exempted under paragraph A or B, a 2-year 
exemption may be granted and that exemption may be renewed for an additional 2 years. 
An exemption granted under paragraph C is valid for 6 years; or 
3. Alcoholic beverages bottled prior to April 1, 1992. The package or packaging 
component contains an alcoholic beverage bottled prior to April 1, 1992t-e1:.,_ 
Sec. 5. 32 MRSA §1735, sub-§3 is enacted to read: 
3. Food package; limitation of scope of certificate. A manufacturer subject to the 
prohibitions under section 1733, subsection 3-A or 3-B shall develop a certificate of 
compliance under this section, except that the manufacturer may limit the scope of the 
certificate to the prohibitions in section 1733, subsection 3-A or 3-B. A manufacturer 
that is exempt under section 1733, subsection 3-C is also exempt from the requirements 
of this subsection. 
Sec. 6. 32 MRSA §1737, as amended by PL 1995, c. 656, Pt. A, §12 and PL 2011, 
c. 657, Pt. W, §5, is repealed and the following enacted in its place: 
§1737. Rules 
The department shall adopt rules necessary for the implementation, administration 
and enforcement of this chapter. Except as otherwise provided in this chapter. rules 
adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 7. 32 MRSA §1739, as enacted by PL 1989, c. 849, §1, is repealed. 
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COMMITTEE AMENDMENT" A" to H.P. 1043, L.D. 1433 
Sec. 8. 32 MRSA c. 26-B is enacted to read: 
CHAPTER 26-B 
TOXIC CHEMICALS IN FOOD PACKAGING 
§1741. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Alternative. "Alternative" has the same meaning as in section 1732, subsection 
1-B. 
2. Board. "Board" means the Board of Environmental Protection. 
3. Chemical. "Chemical" has the same meaning as in section 1732, subsection 1-C. 
4. Commissioner. "Commissioner" means the Commissioner of Environmental 
Protection. 
5. Credible scientific evidence. "Credible scientific evidence" means the results of 
a study, the experimental design and conduct of which have undergone independent 
scientific peer review, that are published in a peer-reviewed journal or in a publication of 
an authoritative federal or international governmental agency, including but not limited to 
the United States Department of Health and Human Services, National Toxicology 
Program, Food and Drug Administration and Centers for Disease Control and Prevention; 
the United States Environmental Protection Agency; the World Health Organization; and 
the European Union, European Chemicals Agency. 
6. De minimis level. "De minimis level" means: 
A. For a food contact chemical of high concern or priority food contact chemical that 
is an intentionally added chemical in a food package, the practical quantification 
limit; or 
B. For a food contact chemical of high concern or priority food contact chemical that 
is a contaminant present in a food package, a concentration of 100 parts per million. 
7. Department. "Department" means the Department of Environmental Protection. 
8. Distributor. "Distributor" has the same meaning as in section 1732, subsection 2. 
9. 
Food contact chemical of high concern. 
"Food contact chemical of high 
concern" means a chemical identified by the department pursuant to section 1742. 
10. Food package. "Food package" has the same meaning as in section 1732, 
subsection 2-C. 
11. 
Intentionally added chemical. 
"Intentionally added chemical" means a 
chemical that was added during the manufacture of a product or product component to 
provide a specific characteristic, appearance or quality or to perform a specific :function. 
12. Manufacturer. "Manufacturer" means any person who manufactured a food 
package or whose brand name is affixed to a food package. In the case of a food package 
that was imported into the United States, "manufacturer" includes the importer or first 
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COMMITTEE AMENDMENT "A " 
to H.P. 1043, L.D. 1433 
domestic distributor of the food package if the person who manufactured or assembled 
the food package or whose brand name is affixed to the food package does not have a 
presence in the United States. 
13. Practical quantification limit. "Practical quantification limit" means the lowest 
concentration of a chemical that can be reliably measured within specified limits of 
precision, accuracy, representativeness, completeness and comparability during routine 
laboratocy operating conditions. 
The practical quantification limit is based on 
scientifically defensible, standard analytical methods. The practical quantification limit 
for a given chemical may be different depending on the matrix and the analytical method 
used. 
14. Priority food contact chemical. "Priority food contact chemical" means a 
chemical designated by the commissioner pursuant to section 1743. 
15. Safer alternative. "Safer alternative" has the same meaning as in section 1732, 
subsection 5-C. 
§1742. Identification of food contact chemicals of high concern 
In accordance with the requirements of this section, the department shall publish and 
may revise a list of no more than 10 food contact chemicals of high concern. 
1. Criteria. A chemical may be included on the list under this section only if: 
A. The chemical is included on the list of chemicals of concern published by the 
2,0 
department in accordance with Title 38, section 1693 or the chemical has been 
identified by an authoritative governmental entity on the basis of credible scientific 
evidence as being: 
(1) A carcinogen, a reproductive or developmental toxicant or an endocrine 
disruptor: 
(2) Persistent, bioaccumulative and toxic: or 
(3) Very persistent and vety bioaccumulative: 
B. The department determines that there is strong credible scientific evidence that 
the chemical is a reproductive or developmental toxicant, endocrine disruptor or 
human carcinogen: and 
C. The department determines that there is strong credible scientific evidence that 
the chemical meets one or more of the following additional criteria: 
(1) The chemical has been found through biomonitoring studies to be present in 
human blood, human breast milk, human urine or other human bodily tissues or 
fluids: 
(2) The chemical has been found through sampling and analysis to be present in 
a food or beverage product; or 
(3) The chemical has been added to or is present in a food package. 
2. Revisions. The commissioner shall review the list published pursuant to this 
section at least evety 3 years and shall remove from the list any food contact chemical of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1043, L.D. 1433 
high concern that has been designated as a priority food contact chemical pursuant to 
section 17 43 or that no longer meets the criteria of subsection 1. The commissioner may 
add to the list additional food contact chemicals of high concern that meet the criteria of 
subsection l, except that the list under this section may not at any one time include more 
than 10 food contact chemicals of high concern. 
§1743. Designation of priority food contact chemicals 
The commissioner may designate a food contact chemical of high concern as a 
priority food contact chemical if: 
1. Chemical included on list of food contact chemicals of high concern. The food 
contact chemical of high concern is included on the list of food contact chemicals of high 
concern published by the department in accordance with section 1742; and 
2. Additional criteria. The commissioner finds that the food contact chemical of 
high concern: 
A. Has been found through biomonitoring to be present in human blood, including 
umbilical cord blood, breast milk, urine or other human bodily tissues or fluids; 
B. Has been found through sampling and analysis to be present in a food or beverage 
product; or 
C. Is present in a food package. 
§1744. Disclosure of information on priority food contact chemicals 
1. Reporting of chemical use. A person who is a manufacturer or distributor of a 
food package for sale in the State that contains a priority food contact chemical in any 
amount greater than a de minimis level shall notify the department in writing unless 
waived by the commissioner pursuant to this section. This written notice must be made 
within 180 days after a priority food contact chemical is designated. If the sale in the 
State of a food package by a manufacturer or distributor does not commence until after 
the 180-day reporting period ends, this written notice must be made within 30 days of 
sale of the food package in the State. This written notice must identify the food package, 
the number of units sold or distributed for sale in the State or nationally. the priority food 
contact chemical or chemicals contained in the food package, the amount of such 
chemicals in each unit of the food package and the intended purpose of the chemicals in 
the food package. 
2. Supplemental information. The manufacturer or distributor of a food package 
that contains a priority food contact chemical shall provide the following additional 
information if requested by the department: 
A. Information on the likelihood that the priority food contact chemical will be 
released from the food package to the environment during the food package's life 
cycle and the extent to which users of the food package are likely to be exposed to the 
· chemical; 
B. Information on the extent to which the priority food contact chemical is present in 
the environment or human body; and 
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COMMITTEEAMENDMENT"A"toH.P.1043,L.D.1433 
C. An assessment of the availability, cost. feasibility and performance, including 
potential for harm to human health and the environment, of alternatives to the priority 
food contact chemical and the reason the chemical is used in the manufacture of the 
food package in lieu of identified alternatives. If an assessment acceptable to the 
department is not timely submitted. the department may assess a fee on the 
manufacturer or distributor to cover the costs to prepare an independent report on the 
availability of safer alternatives by a contractor of the department's choice. 
The manufacturer or distributor of a food package that contains a priority food contact 
chemical may provide additional information to the department regarding the potential 
for harm to human health and the environment from specific uses of the chemical. 
3. Waiver of reporting; fee; extension of deadline. The commissioner may waive 
all or part of the notification requirement under subsection 1 for one or more specified 
uses of a priority food contact chemical if the commissioner determines that substantially 
equivalent information is already publicly available. that the information is not needed for 
the purposes of this chapter or that the specified use or uses are minor in volume. The 
department may assess a fee payable by the manufacturer or distributor upon submission 
of the notification to cover the department's reasonable costs in managing the information 
collected. The department may extend the deadline for submission of the information 
required under subsection 1 for one or more specified uses of a priority food contact 
chemical in a food package if it determines that more time is needed by the manufacturer 
or distributor to comply with the submission requirement or if the information is not 
needed at that time. 
4. Failure to provide notice. A food package containing a priority food contact 
chemical may not be sold, offered for sale or distributed for sale in the State if the 
manufacturer or distributor has failed to provide the information required in this section 
by the date required in this section. The commissioner shall exempt a food package from 
this prohibition if, in the commissioner's judgment. the lack of availability of the food 
package could pose an unreasonable risk to public health, safety or welfare. 
5. Rulemaking to determine fees. If the department assesses a fee pursuant to 
subsection 2. paragraph C or subsection 3, the department shall determine the appropriate 
. 31 
fee through major substantive rulemaking. as defined in Title 5, chapter 375, subchapter 
2-A. 
§1745. Sales prohibition; rules; safer alternatives to priority food contact chemicals 
1. Authority. The board may adopt rules prohibiting the manufacture, sale or 
distribution in the State of a food package containing a priority food contact chemical in 
an ainount greater than a de minimis level if the board finds, after consideration of 
information filed under section 1744 and other relevant information submitted to or 
8 
obtained by the board, that: 
A. Distribution of the food package directly or indirectly exposes consumers to the 
priority food contact chemical: and 
B. One or more safer alternatives to the priority food contact chemical are available 
at a comparable cost. 
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COMMITTEE AMENDMENT"~" to H.P. 1043, L.D. 1433 
If there are several available safer alternatives to a priority food contact chemical, the 
board may prohibit the sale of a food package that does not contain the safer alternative 
that is least toxic to human health or least harmful to the environment. 
A rule adopted pursuant to this subsection must specify the effective date of the 
prohibition, which may not be sooner than 2 years after notice of the proposed rule is 
published as required under Title 5, section 8053, subsection 5. 
Rules adopted pursuant to this subsection are major substantive rules as defmed in Title 
5, chapter 375, subchapter 2-A. 
2. 
Alternatives assessment; presumptions. 
For the purpose of determining 
whether a safer alternative is available under subsection 1. paragraph B, the board may. in 
the absence of persuasive evidence to the contrary: 
A. Presume that an alternative is a safer alternative if the alternative does not satisfy 
the criteria under section 1742, subsection 1. paragraph A; 
B. Presume that a safer alternative is available if the sale of the food package 
containing the priority food contact chemical has been banned by another state within 
the United States based on the availability of a safer alternative: and 
C. Presume that a safer alternative is available if the alternative is sold in the United 
States. 
3. 
Implementation. 
No later than 180 days prior to the effective date of a 
prohibition adopted pursuant to subsection 1, the manufacturer or distributor of a food 
package that contains the priority food contact chemical and that is subject to the 
prohibition at the time of adoption shall file a compliance plan with the commissioner or 
seek a waiver under subsection 5. A compliance plan must: 
A. Identify the food package that contains the priority food contact chemical; 
B. Specify whether compliance will be achieved by discontinuing the sale of the 
food package in the State or by substituting a safer alternative in the food package; 
and 
C. If compliance is achieved by substitution of a safer alternative in the food 
package, identify the safer alternative and the timetable for substitution. 
4. Responsibility. The manufacturer or distributor of a food package that contains a 
priority food contact chemical shall notify persons that offer the food package for sale or 
distribution in the State of the requirements of this chapter. 
5. Waiver for specific uses. The manufacturer or distributor of a food package that 
contains a priority food contact chemical and that is subject to a prohibition adopted 
pursuant to subsection 1 may apply to the commissioner for a waiver for one or more 
specific uses of the priority food contact chemical. The waiver application must, at a 
minimum: 
A. Identify the specific use or uses of the food package for which the waiver is 
sought: 
B. Identify the alternatives considered for substitution of the priority food contact 
chemical; 
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CUMMITTEE AMENDMENT ·fa "to H.P. 1043, L.D. 1433 
C. Explain the basis for concluding that the use of an alternative is not feasible; and 
D. Identify the steps that have and will be taken to minimize the use of the priority 
food contact chemical. 
The commissioner may grant a waiver with or without conditions upon finding that there 
is a need for the food package in which the priority food contact chemical is used and 
there are no technically or economically feasible alternatives for the use of that chemical 
in the food package. A waiver may be granted for a term not to exceed 5 years and may 
be renewed for one or more additional 5-year terms upon written application 
demonstrating that technically or economically feasible alternatives remain unavailable. 
The commissioner shall deny or grant a waiver request within 60 days after receipt of a 
completed waiver application. 
6. Petitions. If rulemaking to prohibit the sale of a food package that contains a 
priority food contact chemical is initiated by petition under Title 5, section 8055, the 
department shall consider the info1mation submitted in support of the petition but is not 
obligated to conduct a search of other sources of information on the chemical or its uses. 
The petitioner bears the burden of demonstrating that the criteria under subsection 1 for 
adoption of rules are met. 
§1746. Applicability 
The provisions of this chapter do not apply to: 
1. Industry. A chemical used in or for industry or manufacturing, including 
chemicals processed or otherwise used in or for industrial or manufacturing processes; 
2. Retailers. A retailer of a food package unless the retailer knowingly sells a food 
package that contains a priority food contact chemical after the effective date of its 
prohibition under section 1745 for which that retailer has received prior notification from 
a manufacturer, a distributor or the State; 
3. Contaminants. A chemical that occurs in a food package only as a contaminant 
as long as the manufacturer had in place a manufacturing control program and exercised 
due diligence to minimize the presence of the contaminant in the food package; or 
4. Certain manufacturers. A manufacturer of a food or beverage product that is 
contained in a food package or to which a food package is applied as long as that 
manufacturer has less than $1,000,000,000 of total annual national sales of food and 
beverage products. 
§1747. Implementation, administration and enforcement; rules; violations 
The department shall implement, administer and enforce this chapter and shall adopt 
rules as necessary for the implementation, administration and enforcement of this chapter. 
1. Rules. Except as otherwise provided in this chapter, rules adopted by the 
department pursuant to this chapter are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
2. Violations. A person that violates any provision of this chapter is subject to 
penalties in accordance with Title 38, section 349. 
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COMMITTEE AMENDMENT fa "to H.P. 1043, L.D. 1433 
3. Certificate of compliance. If there are grounds to suspect that a food package is 
being offered for sale in violation of this chapter, the department may request that the 
manufacturer or distributor of the food package provide a certificate of compliance with 
the applicable provisions of this chapter. Within 30 days ofreceipt of a request under this 
subsection, the manufacturer or distributor shall: 
A. Provide the department with the ce11ificate attesting that the food package does 
not contain the priority food contact chemical; or 
B. Notify persons who sell the food package in this State that the sale of the food 
package is prohibited and provide the department with a list of the names and 
O 
addresses of those notified. 
4. 
Regulatory efficiency. The department may, in exercising its discretionary 
authority under this chapter, consider the extent to which a food contact chemical of high 
concern or a priority food contact chemical in a food package is adequately regulated by 
the Federal Government or an agency of this State to reduce or prevent the same public 
health threats that would be the basis for addressing the chemical under this chapter.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, amends the bill as 
follows. 
1. It clarifies that the sales prohibitions on food packaging containing intentionally 
introduced perfluoroalkyl and polyfluoroalkyl substances, or PF AS, and phthalates in any 
amount greater than an incidental presence applies only to sales occurring in the State and 
clarifies the scope of the exemption to those prohibitions for certain manufacturers of 
food or beverage products. 
2. It provides that any rulemaking by the Department of Environmental Protection to 
prohibit the sale of food packaging containing intentionally introduced PF AS is major 
substantive rulemaking and requires the department to adopt by rule such a prohibition 
upon a determination that a safer alternative to the use of PF AS in a specific application 
of PF AS to a food package is available. 
3. It removes from the bill the provisions authorizing the department to designate by 
rule additional chemicals of concern in food packaging and instead enacts a new chapter 
to regulate the use of additional toxic chemicals in food packaging. That new chapter is 
modeled after the toxic chemicals in children's products law in the Maine Revised 
Statutes, Title 38, chapter 16-D and incorporates the definitions and criteria from that law 
into the new chapter, as adapted for application to food packaging. 
4. It includes a number of technical changes to the bill as necessary to incorporate 
the other amendments to the bill described in this summary. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/09/19 feac:.. 
LD 1433 
LR 1184(02) 
An Act To Protect the Environment and Public Health by Further Reducing Toxic Chemicals in 
Packaging 
Fiscal Note for Bill as Amended by Committee Amendment ,;4 { JI -5 b J) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
This bill amends the laws regarding the reduction of toxins in packaging to prohibit the sale of food packaging in the 
State to which phthalates, perfluoroalkyl or polyfluoroalkyl substances (PF AS) have been intentionally introduced, 
effective Janua1y 1, 2022. Any additional costs to the Department of Environmental Protection for additional 
regulatory responsibilities and for related rnlemaking are anticipated to be minor and can be absorbed within existing 
budgeted resources. 
LR1184(02) - Fiscal Note - Page 1 of 1