An Act to Support Manufacturers Whose Products Contam Perfluoroalkyl and Polyfluoroalkyl Substances
Maine Legislature, Session 131, LD 0217
Committee Amendment CA_A_H200 (House)
Amends: 38 MRSA §1614

COMMITIEE AMENDMENT " A,, to HP 138, L D 217, "An Act to Support 
Manufacturers Whose Products Contam Perfluoroalkyl and Polyfluoroalkyl Substances" 
Amend the btll by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 38 MRSA §1614, sub-§2, 1A, as enacted by PL 2021, c 477, §1 and 
reallocated by RR 2021, c 1, Pt A, §54, is amended to read 
A 
Beg1muag Except as provided m subsection 3, by January 1, ~ 
2025, a 
manufacturer of a product for sale m the State that contams mtentionally added PF AS 
shall submit to the department a written notrlicatton that mcludes 
(1) A brief description of the product, mcludmg an est1mate of the total number of 
umts of the p1oduct sold annually m the State or nationally. 
(2) The purpose for which PF AS are used m the product, mcludmg m any product 
components, 
(3) The amount of each of the PFAS, identified by its chemical abstracts service 
registry number or m the absence of this number a descnpt1on approved by the 
department, m the product, reported as an exact quantity, or as the amount of total 
orgamc fluorme tf the amount of each PF AS compound ts not known, determmed 
usmg commercially available analytical methods or based on mformat10n provided 
by a suppher as falhng w1thm a range approved for reportmg purposes by the 
department, 
(4) The name and address of the manufacturer, and the name, address and phone 
number of a contact person for the manufacturer, and 
(5) Any additional mformation estabhshed by the department by rule as necessary 
to implement the reqmrements of this sect10n 
Sec. 2. 38 MRSA §1614, sub-§2, ~ 
is enacted to read 
COMMITTEE AMENDMENT 
~osJ 
COMMITTEE AMENDMENT ·A" to HP 138, L D 217 
D The requirements of this subsection do not apply to a manufacturer that employs 
or fewer people 
Sec. 3. 38 MRSA §1614, sub-§4, as enacted by PL 2021, c 477, § 1 and reallocated 
by RR 2021, c 1, Pt A, §54, is amended to read 
4. Exemptions. The followmg are exempt from this section 
A A product for which federal law governs the presence of PF AS m the product m a 
manner that preempts state authorrty, and 
B A package, as defmed m Title 32. section 1732, subsect10n 4, for a product Sl¼a:Jeet 
to Tftle 32., ehapter 2.6 A. or 2.6 B, except when the package is the product of the 
manufacturer, and 
C A used product or used product component 
Sec. 4. 38 MRSA §1614, sub-§7, as enacted by PL 2021, c 477, §1 and reallocated 
by RR 2021, c 1, Pt A, §54, 1s amended to read 
7. Failure to provide notice. A Begmnmg January 1. 2025, a person may not sell, 
offer for sale or distribute for sale m the State a product contammg mtent10nally added 
PF AS if the manufacturer has failed to provide the mformat10n reqmred under subsection 
2-, except that this prohibition does not apply to 
A The aepartment may e*empt a A product exempted from the prohibition under this 
subsection if ]2y the department aetermmes upon a determmation by the department 
that the use of PFAS m the product is a currently unav01dable use-.,, 
B The proh1Bi1:10n m this sl.¼hseet1on aoes not apflly to a A retatler m the State unless 
the retailer sells, offers for sale or distributes for sale m the State a product for which 
the retailer has received a notification pursuant to subsection 8, paragraph B that the 
sale of the product is prohibited-.,, 
C A manufacturer exempted from the notificat10n regmrement pursuant to subsection 
2, paragraph D, 
D 
A product for which the department has waived the notificat10n regmrement 
pursuant to subsection 3, and 
E A manufacturer that pursuant to subsection 3 has received from the department an 
extension of the deadlme for submission of the mformat1on reqmred by subsection 2 
The exception under this paragraph apphes only for the duration of the extension 
provided by the department 
Sec. 5. Retroactivity. This Act applies retroactively to January 1, 2023' 
Amend the btll by relettenng or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the btll, which is a concept draft It extends the January 1, 
2023 deadlme for reportmg the use of perfluoroalkyl and polyfluoroalk:yl substances, or 
PF AS, m products for sale to January 1, 2025 and authorizes reportmg the amount of total 
orgamc fluorme if the amount of each PF AS compound is not known and allows the amount 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A" to HP 138, L D 217 
of PF AS to be reported based on mformat10n provided by a supp her rather than testmg It 
clanfies the packagmg exemption under the law regulatmg PF AS m products, exempts 
from PF AS reportmg requrrements manufacturers that employ 25 or fewer people, clanfies 
that the requrrements and pl oh1b1t1ons of PF AS m products do not apply to used products 
or used product components and makes other techmcal clarifications to PF AS reportmg 
requrrements The changes made by the btll to the law regulatmg PF AS m products are 
made retroactive to January 1, 2023 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 05/14/23 .::tPae 
LD217 
LR 1933(02) 
An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl 
Substances 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 1yJ,1 
{ H -J,tt1) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost mcrease - Other Special Revenue Funds 
Any additional costs to the Department ofEnvrronmental Protection from the proV1s1ons ofth1s bill a1e expected to be 
mmor and can be absorbed w1thm ex1stmg budgeted resources 
LR1933(02) - Fiscal Note - Page 1 of 1