Sales prohibition for artificial turf and outdoor apparel for severe wet conditions takes effect January 1, 2029. Outdoor apparel for severe wet conditions may still be sold if accompanied by disclosure stating 'Made with PFAS chemicals.' This is part of Maine's phased ban on products containing intentionally added PFAS under 38 M.R.S. §1614.
Under Maine Chapter 90, cookware products with intentionally added PFAS in surfaces intended for direct food or beverage contact while cooking are prohibited from sale in Maine effective January 1, 2026. The prohibition applies to durable houseware products used to prepare, dispense, or store food, including pots, pans, skillets, grills, baking sheets, molds, trays, bowls, and cooking utensils. Products may continue to be sold if they receive a Currently Unavoidable Use (CUU) determination.
Maine DEP's Board of Environmental Protection approved two Currently Unavoidable Use (CUU) determinations from proposals submitted by the June 1, 2025 deadline. Products that applied for CUU designation but did not receive approval are subject to sales prohibition beginning January 1, 2026. CUU designation allows continued sale of PFAS-containing products when the use is deemed essential for health, safety, or the functioning of society and alternatives are not reasonably available.
Maine DEP announced that Currently Unavoidable Use (CUU) proposals received before May 1, 2026 may be included in the next rulemaking cycle. Proposals received after May 1 may be considered for a subsequent rulemaking anticipated to be scheduled in 2027. This deadline applies to manufacturers seeking CUU determinations for products containing intentionally added PFAS that would otherwise be subject to sales prohibitions beginning January 1, 2026.
Maine DEP has announced that CUU proposals for products subject to PFAS sales prohibitions must be received by May 1, 2026 to be included in the late spring 2026 rulemaking. Proposals received after this deadline may be considered for subsequent rulemaking anticipated in 2027. Manufacturers seeking CUU designations for product categories facing sales prohibitions should submit proposals before the May 1, 2026 cutoff to ensure timely consideration.
The amended Chapter 90 rule, which includes current unavoidable use (CUU) determinations for products containing PFAS, became effective on October 7, 2025. This rule implements sales prohibitions and notification requirements for products containing intentionally added PFAS but determined to be CUU. Manufacturers with products covered under approved CUU determinations must now submit a PFAS Notification Form and pay the associated fee to continue selling affected products in Maine.
Maine DEP clarifies that cookware products without intentionally added PFAS in the food contact surface are NOT within the scope of the January 1, 2026 sales prohibition, even if internal components contain intentionally added PFAS that do not come into contact with food. Examples of covered cookware include pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, cooking utensils, waffle makers, electric skillets, and air fryers. Products with internal PFAS components but no food contact remain subject to the 2032 universal prohibition.
Maine's amended Chapter 90 rule establishes a new reporting program for product categories that receive Currently Unavoidable Use (CUU) determination from the Department. Manufacturers with CUU-designated products must comply with notification requirements to continue selling PFAS-containing products in Maine. The amended rule became effective October 7, 2025.
Maine's amended Chapter 90 rule became effective October 7, 2025, establishing the Currently Unavoidable Use (CUU) criteria framework and implementing sales prohibitions for products containing intentionally added PFAS under 38 M.R.S. §1614. The rule details notification requirements, exemptions, and compliance timelines for manufacturers.
Manufacturers with products covered under approved Currently Unavoidable Use (CUU) determinations are required to submit a PFAS Notification Form and pay the associated fee to continue selling, offering for sale, or distributing products in Maine that will be affected by the sales prohibition taking effect January 1, 2026. This reporting requirement creates a mandatory compliance pathway for CUU-designated products that would otherwise be prohibited under Maine's phased PFAS product restrictions. The requirement applies to products in categories including cleaning products, cookware, cosmetics, dental floss, juvenile products, menstruation products, textile articles, ski wax, and upholstered furniture.
The Maine Department of Environmental Protection announced that Currently Unavoidable Use (CUU) proposals received before May 1, 2026 may be included in the late spring 2026 rulemaking. Proposals received after May 1 may be considered for subsequent rulemaking anticipated in 2027. Manufacturers with products subject to sales prohibitions must submit CUU proposals to seek exemption determinations.
Starting January 1, 2026, the sale, offer for sale, or distribution of products containing intentionally added PFAS is prohibited for the following categories: cleaning products, cookware products, cosmetic products, dental floss, juvenile products, menstruation products, textile articles (with exceptions), ski wax, upholstered furniture, and products sold in fluorinated containers. Products with approved Currently Unavoidable Use (CUU) determinations are exempt from the prohibition if manufacturers submit a PFAS Notification Form and pay associated fees.
Maine law prohibits sale of artificial turf and outdoor apparel for severe wet conditions containing intentionally added PFAS effective January 1, 2029. Outdoor apparel for severe wet conditions may continue to be sold if accompanied by disclosure stating 'Made with PFAS chemicals.' This is part of Maine's phased PFAS product ban under 38 M.R.S. §1614.
Maine law provides statutory exemptions from PFAS sales prohibitions for: products governed by federal PFAS law, packaging, used products, firefighting foam, FDA-regulated medical devices and drugs, veterinary products, public health testing products, DOT/FAA/NASA/DOD/DHS-required products, motor vehicles and equipment, watercraft, semiconductors and manufacturing equipment, and non-consumer laboratory equipment. These exemptions are codified in Maine's PFAS in Products statute.
Maine DEP has established a notification fee of $1,500 per notification for Currently Unavoidable Use (CUU) designated products. This fee structure, revised from an earlier $5,000 proposal, applies to manufacturers required to submit PFAS Notification Forms for products covered under approved CUU determinations. The fee rate encourages manufacturers to group products using the same type of PFAS together in one notification submission.
The amended Chapter 90 rule (Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances) became effective October 7, 2025. The rule includes approved Currently Unavoidable Use (CUU) determinations for specific product applications. Manufacturers with products covered under approved CUU determinations must submit a PFAS Notification Form and pay the associated fee to continue selling products in Maine affected by the January 1, 2026 sales prohibition.
Maine DEP has defined cookware products subject to the January 1, 2026 PFAS sales prohibition as household products intended to be in direct contact with food or beverage. Cookware does not include items intended for commercial, industrial, or institutional settings, nor polymer-coated durable items. Examples include pots, pans, skillets, grills, baking sheets, molds, trays, bowls, cooking utensils, and electric versions such as waffle makers, electric skillets, and air fryers. Products without intentionally added PFAS in food-contact surfaces are not subject to the 2026 prohibition but are subject to the 2032 requirement.
Maine's statutory sales prohibition for products containing intentionally added PFAS takes effect January 1, 2026 for nine product categories: cleaning products, cookware, cosmetics, dental floss, juvenile products, menstruation products, textile articles (with exceptions), ski wax, and upholstered furniture. Products without intentionally added PFAS but sold in fluorinated containers are also covered. Products with a Currently Unavoidable Use (CUU) determination from Maine DEP are exempt from the prohibition.
Maine has established January 1, 2040 as the sales prohibition date for products containing intentionally added PFAS in the following categories: cooling, heating, ventilation, air conditioning, and refrigeration equipment, as well as refrigerants, foams, and aerosol propellants. This is the final phase of Maine's comprehensive PFAS in Products law, completing the staged prohibition timeline that began in 2023. Manufacturers in these sectors have significant lead time to reformulate products or seek Currently Unavoidable Use (CUU) designations.
The Maine Board of Environmental Protection approved two Currently Unavoidable Use (CUU) determinations: (1) cleaning product container internal cartridge valves and (2) cleaning product container vented cap liners. Both determinations are valid until January 1, 2031, allowing continued sale of products containing intentionally added PFAS for these specific applications. Nine other CUU proposals were denied, including cookware/bakeware with PTFE coatings, small kitchen appliances, upholstered furniture, and cosmetic product containers.