An Act to Clarify the Laws to Combat Perfluoroalkyl and Polyfluoroalkyl Substances Contamination
Maine Legislature, Session 131, LD 1214
Committee: Environment and Natural Resources
Sponsors: BALDACCI, JACKSON
Amends: 7 MRSA §606, 38 MRSA §1614

Legislative Document
No. 1214
S.P. 495
In Senate, March 20, 2023
An Act to Clarify the Laws to Combat Perfluoroalkyl and 
Polyfluoroalkyl Substances Contamination
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Cosponsored by Senator: President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §606, sub-§1, ¶G, as amended by PL 2021, c. 673, §4, is further 
amended to read:
G.  Beginning January 1, 2022, a pesticide containing chlorpyrifos as an active 
ingredient; or
Sec. 2.  7 MRSA §606, sub-§1, ¶H, as enacted by PL 2021, c. 673, §4, is amended 
to read:
H.  A pesticide that has been contaminated by perfluoroalkyl and polyfluoroalkyl 
substances; or.
Sec. 3.  7 MRSA §606, sub-§1, ¶I, as enacted by PL 2021, c. 673, §4, is repealed.
Sec. 4.  38 MRSA §1614, sub-§1, ¶D, as enacted by PL 2021, c. 477, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §54, is amended to read:
D.  "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.
Sec. 5.  38 MRSA §1614, sub-§1, ¶F, as enacted by PL 2021, c. 477, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §54, is amended to read:
F.  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a group of 
synthetic perfluoroalkyl and polyfluoroalkyl substances that include any member of 
the class of fluorinated organic chemicals containing at least one fully fluorinated 
carbon atom contain at least 2 sequential fully fluorinated carbon atoms, excluding 
polymers, gases and volatile liquids.
Sec. 6.  38 MRSA §1614, sub-§2, ¶A, as enacted by PL 2021, c. 477, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §54, is amended to read:
A.  Beginning January 1, 2023 2024, a manufacturer of a product for sale in the State 
that contains intentionally added PFAS shall submit to the department a written 
notification that includes:
(1)  A brief description of the product;
(2)  The purpose for which PFAS are used in the product, including in any product 
components;
(3)  The amount of each of the PFAS, identified by its chemical abstracts service 
registry number, in the product, reported as an exact quantity determined using 
commercially available analytical methods or as falling within a range approved 
for reporting 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 information established by the department by rule as necessary 
to implement the requirements of this section.
Sec. 7.  38 MRSA §1614, sub-§2, ¶D is enacted to read:
D.  A manufacturer shall designate confidential business information claims in 
accordance with the laws of the State and the Uniform Trade Secrets Act.
Sec. 8.  38 MRSA §1614, sub-§5, ¶D, as enacted by PL 2021, c. 477, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §54, is repealed.
Sec. 9.  38 MRSA §1614, sub-§6, as enacted by PL 2021, c. 477, §1 and reallocated 
by RR 2021, c. 1, Pt. A, §54, is amended to read:
6.  Fees.  The department may establish by rule and assess a fee payable by a 
manufacturer upon submission of the notification required under subsection 2 to cover the 
department's reasonable costs in developing rules under subsection 5, paragraphs paragraph 
C and D and administering the requirements of subsections 2 and 9.
Sec. 10.  Retroactivity. That section of this Act that amends the Maine Revised 
Statutes, Title 38, section 1614, subsection 2, paragraph A applies retroactively to January 
1, 2023.
SUMMARY
This bill makes the following changes to the laws governing products containing 
perfluoroalkyl and polyfluoroalkyl substances.
1.  It changes the definitions of "intentionally added PFAS" and "perfluoroalkyl and 
polyfluoroalkyl substances."
2.  It changes the date for the requirement that a manufacturer of a product for sale in 
the State that contains intentionally added PFAS submit a written notification to the 
Department of Environmental Protection from January 1, 2023 to January 1, 2024.  With 
respect to this notification, it requires a manufacturer to designate confidential business 
information claims in accordance with the laws of the State and the Uniform Trade Secrets 
Act.
3.  It removes the provision of law that provides that, effective January 1, 2030, a 
person may not sell, offer for sale or distribute for sale in this State any product that contains 
intentionally added PFAS, unless the department has determined by rule that the use of 
PFAS in the product is a currently unavoidable use.  Current law provides that the 
department may by rule identify products by category or use that may not be sold, offered 
for sale or distributed for sale in this State if they contain intentionally added PFAS and 
that products in which the use of PFAS is a currently unavoidable use as determined by the 
department may be exempted by the department by rule.