Cosmetic ingredient laws in Maine

"Cosmetic product" means a product intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance. "Cosmetic product" includes any product intended for use as a component of another cosmetic product, but does not include soap or a product that requires a prescription for distribution or dispensing.

"Currently unavoidable use" means a use of PFAS that the department has determined by rule under this section to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available.

"Essential for health, safety or the functioning of society" means a use of a PFAS in a product when the function provided by the PFAS is necessary for the product to perform as intended, such that the unavailability of the PFAS for use in the product would cause the product to be unavailable, which would result in:
(1)
A significant increase in negative health outcomes;
(2)
An inability to mitigate significant risks to human health or the environment; or
(3)
A significant disruption of the daily functions on which society relies.

"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.

"Manufacturer" means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, "manufacturer" includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Product" means an item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products.

"Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

Notification.
Except as provided pursuant to paragraph D or subsection 3, a manufacturer of a product for sale in the State that contains intentionally added PFAS and for which the department has determined that the use of PFAS in the product is a currently unavoidable use in accordance with subsection 5, paragraph F shall comply with the requirements of this subsection.
A.
The manufacturer shall submit to the department a written notification that includes, to the extent known to or reasonably ascertainable by the manufacturer:
(1)
A brief description of the product, including an estimate of the total number of units of the product sold annually in the State or nationally;
(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 or in the absence of this number a description approved by the department, in the product, reported as an exact quantity, or as the amount of total organic fluorine if the amount of each of the PFAS is not known, determined using commercially available analytical methods or based on information provided by a supplier as falling within a range approved for reporting purposes by the department or, if the manufacturer is unable to provide information regarding the amount of each of the PFAS in the product, the total weight of the product;
(4)
The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer;
(4-A)
The identification of the applicable determination adopted by the department by rule pursuant to subsection 5, paragraph F that the use of PFAS in the product is a currently unavoidable use; and
(5)
Any additional information required by the department by rule.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 138, §1 (AMD); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
A-1.
At the time the manufacturer submits to the department the written notice required in paragraph A, the manufacturer shall also pay to the department the applicable fee established by the department by rule pursuant to subsection 6.
[PL 2023, c. 630, §1 (NEW).]
B.
With the approval of the department, the manufacturer may supply the information required in paragraph A for a category or type of product rather than for each individual product.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
C.
In accordance with rules adopted by the department, the manufacturer shall update and revise the information in the written notification whenever there is significant change in the information or when requested to do so by the department.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
D.
The requirements of this subsection do not apply to a manufacturer that employs 100 or fewer people.

Waiver of notification; coordination with other states.
The department may waive all or part of the notification requirement under subsection 2 if the department determines that substantially equivalent information is already publicly available. The department may enter into an agreement with one or more other states or political subdivisions of a state to collect notifications and may accept notifications to a shared system as meeting the notification requirement under subsection 2.

Exemptions.
The following are exempt from this section:
A.
A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
[PL 2023, c. 138, §3 (AMD); PL 2023, c. 138, §5 (AFF).]
B.
A package, as defined in Title 32, section 1732, subsection 4, for a product, except when the package is the product of the manufacturer. The exemption under this paragraph does not apply to the package of a product prohibited from sale, offer for sale or distribution for sale pursuant to subsection 5, paragraph B, B‑1, D or E if that package is a fluorinated container or a container that otherwise contains intentionally added PFAS;
[PL 2023, c. 630, §1 (AMD).]
C.
A used product or used product component;

A prosthetic or orthotic device or any product that is a medical device, drug or biologic or that is otherwise used in a medical setting or in medical applications that are regulated by or under the jurisdiction of the United States Food and Drug Administration;

Prohibition on sale of products containing intentionally added PFAS.
This subsection governs sales of products containing intentionally added PFAS.

Except as provided pursuant to paragraph F or G, effective January 1, 2026, a person may not sell, offer for sale or distribute for sale in this State:
(1)
A cleaning product containing intentionally added PFAS;
(2)
A cookware product containing intentionally added PFAS;
(3)
A cosmetic product containing intentionally added PFAS;
(4)
Dental floss containing intentionally added PFAS;
(5)
A juvenile product containing intentionally added PFAS;
(6)
A menstruation product containing intentionally added PFAS;
(7)
A textile article containing intentionally added PFAS. The prohibition under this subparagraph does not include:
(a)
Outdoor apparel for severe wet conditions; or
(b)
A textile article that is included in or a component part of a watercraft, aircraft or motor vehicle, including an off-highway vehicle;
(8)
Ski wax containing intentionally added PFAS; or
(9)
Upholstered furniture containing intentionally added PFAS.
The prohibition under this paragraph applies to any of the products listed in subparagraphs (1) to (9) that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to any of the products listed in subparagraphs (1) to (9) that are sold, offered for sale or distributed for sale in used condition.

Except as otherwise provided in this paragraph or pursuant to paragraph F or G, effective January 1, 2032, a person may not sell, offer for sale or distribute for sale in this State any product that contains intentionally added PFAS that is not already prohibited from sale, offer for sale or distribution for sale pursuant to paragraph A, B, B‑1, B‑2 or C, unless the department has determined by rule in accordance with paragraph F that the use of PFAS in the product is a currently unavoidable use.
The prohibition under this paragraph applies to any such products that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to:
(1)
Any such products sold, offered for sale or distributed for sale in used condition;
(2)
Cooling, heating, ventilation, air conditioning and refrigeration equipment, including parts and other servicing needs for such equipment; or
(3)
Refrigerants, foams and aerosol propellants that are listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy program, 40 Code of Federal Regulations, Part 82, Subpart G, as long as the refrigerant, foam or aerosol propellant is sold, offered for sale or distributed for sale for the use for which it is listed pursuant to that program.

The department may by rule identify specific products or product categories containing intentionally added PFAS for which it has determined the use of PFAS in the product is a currently unavoidable use. If the department determines by rule that the use of PFAS in a product or product category is a currently unavoidable use:
(1)
The product is exempt from the otherwise applicable prohibition in this subsection, or in the rules adopted pursuant to paragraph C, on the sale, offer for sale or distribution for sale of the product for one of the following periods of time, whichever provides a longer period of exemption:
(a)
Five years from the effective date of the rule determining that the use of PFAS in the product or product category is a currently unavoidable use; or
(b)
Five years from the effective date of the otherwise applicable prohibition in this subsection or in the rules adopted pursuant to paragraph C; and
(2)
A manufacturer of the product that sells, offers for sale or distributes for sale the product in this State shall comply with the notification requirement of subsection 2.

The prohibitions in this subsection do not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited.

Fees.
The department may establish by rule and assess a fee payable by a manufacturer that is required to comply with the notification requirement of subsection 2 to cover the department's reasonable costs in administering the requirements of this section. Notwithstanding Title 5, section 8071, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Beginning January 1, 2032, a person may not sell, offer for sale or distribute for sale in the State a product containing intentionally added PFAS for which the department has determined that the use of PFAS in the product is a currently unavoidable use pursuant to subsection 5, paragraph F if the manufacturer of the product has failed to provide the information required under subsection 2. This prohibition does not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited.

Certificate of compliance.
If the department has reason to believe that a product contains intentionally added PFAS and is being sold, offered for sale or distributed for sale in violation of subsection 5 or 7, the department may direct the manufacturer of the product to, within 30 days:
A.
Provide the department with a certificate attesting that the product does not contain intentionally added PFAS; or
[PL 2023, c. 630, §1 (AMD).]
B.
Notify persons that sell, offer for sale or distribute for sale the product in this State that the sale of the product is prohibited in this State and provide the department with a list of the names and addresses of those persons notified.

"Cosmetic product" means a product intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance. "Cosmetic product" includes any product intended for use as a component of another cosmetic product, but does not include soap or a product that requires a prescription for distribution or dispensing.

"Currently unavoidable use" means a use of PFAS that the department has determined by rule under this section to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available.

"Essential for health, safety or the functioning of society" means a use of a PFAS in a product when the function provided by the PFAS is necessary for the product to perform as intended, such that the unavailability of the PFAS for use in the product would cause the product to be unavailable, which would result in:
(1)
A significant increase in negative health outcomes;
(2)
An inability to mitigate significant risks to human health or the environment; or
(3)
A significant disruption of the daily functions on which society relies.

"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.

"Manufacturer" means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, "manufacturer" includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Product" means an item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products.

"Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

Notification.
Except as provided pursuant to paragraph D or subsection 3, a manufacturer of a product for sale in the State that contains intentionally added PFAS and for which the department has determined that the use of PFAS in the product is a currently unavoidable use in accordance with subsection 5, paragraph F shall comply with the requirements of this subsection.
A.
The manufacturer shall submit to the department a written notification that includes, to the extent known to or reasonably ascertainable by the manufacturer:
(1)
A brief description of the product, including an estimate of the total number of units of the product sold annually in the State or nationally;
(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 or in the absence of this number a description approved by the department, in the product, reported as an exact quantity, or as the amount of total organic fluorine if the amount of each of the PFAS is not known, determined using commercially available analytical methods or based on information provided by a supplier as falling within a range approved for reporting purposes by the department or, if the manufacturer is unable to provide information regarding the amount of each of the PFAS in the product, the total weight of the product;
(4)
The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer;
(4-A)
The identification of the applicable determination adopted by the department by rule pursuant to subsection 5, paragraph F that the use of PFAS in the product is a currently unavoidable use; and
(5)
Any additional information required by the department by rule.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 138, §1 (AMD); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
A-1.
At the time the manufacturer submits to the department the written notice required in paragraph A, the manufacturer shall also pay to the department the applicable fee established by the department by rule pursuant to subsection 6.
[PL 2023, c. 630, §1 (NEW).]
B.
With the approval of the department, the manufacturer may supply the information required in paragraph A for a category or type of product rather than for each individual product.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
C.
In accordance with rules adopted by the department, the manufacturer shall update and revise the information in the written notification whenever there is significant change in the information or when requested to do so by the department.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
D.
The requirements of this subsection do not apply to a manufacturer that employs 100 or fewer people.

Waiver of notification; coordination with other states.
The department may waive all or part of the notification requirement under subsection 2 if the department determines that substantially equivalent information is already publicly available. The department may enter into an agreement with one or more other states or political subdivisions of a state to collect notifications and may accept notifications to a shared system as meeting the notification requirement under subsection 2.

Exemptions.
The following are exempt from this section:
A.
A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
[PL 2023, c. 138, §3 (AMD); PL 2023, c. 138, §5 (AFF).]
B.
A package, as defined in Title 32, section 1732, subsection 4, for a product, except when the package is the product of the manufacturer. The exemption under this paragraph does not apply to the package of a product prohibited from sale, offer for sale or distribution for sale pursuant to subsection 5, paragraph B, B‑1, D or E if that package is a fluorinated container or a container that otherwise contains intentionally added PFAS;
[PL 2023, c. 630, §1 (AMD).]
C.
A used product or used product component;

A prosthetic or orthotic device or any product that is a medical device, drug or biologic or that is otherwise used in a medical setting or in medical applications that are regulated by or under the jurisdiction of the United States Food and Drug Administration;

Prohibition on sale of products containing intentionally added PFAS.
This subsection governs sales of products containing intentionally added PFAS.

Except as provided pursuant to paragraph F or G, effective January 1, 2026, a person may not sell, offer for sale or distribute for sale in this State:
(1)
A cleaning product containing intentionally added PFAS;
(2)
A cookware product containing intentionally added PFAS;
(3)
A cosmetic product containing intentionally added PFAS;
(4)
Dental floss containing intentionally added PFAS;
(5)
A juvenile product containing intentionally added PFAS;
(6)
A menstruation product containing intentionally added PFAS;
(7)
A textile article containing intentionally added PFAS. The prohibition under this subparagraph does not include:
(a)
Outdoor apparel for severe wet conditions; or
(b)
A textile article that is included in or a component part of a watercraft, aircraft or motor vehicle, including an off-highway vehicle;
(8)
Ski wax containing intentionally added PFAS; or
(9)
Upholstered furniture containing intentionally added PFAS.
The prohibition under this paragraph applies to any of the products listed in subparagraphs (1) to (9) that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to any of the products listed in subparagraphs (1) to (9) that are sold, offered for sale or distributed for sale in used condition.

Except as otherwise provided in this paragraph or pursuant to paragraph F or G, effective January 1, 2032, a person may not sell, offer for sale or distribute for sale in this State any product that contains intentionally added PFAS that is not already prohibited from sale, offer for sale or distribution for sale pursuant to paragraph A, B, B‑1, B‑2 or C, unless the department has determined by rule in accordance with paragraph F that the use of PFAS in the product is a currently unavoidable use.
The prohibition under this paragraph applies to any such products that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to:
(1)
Any such products sold, offered for sale or distributed for sale in used condition;
(2)
Cooling, heating, ventilation, air conditioning and refrigeration equipment, including parts and other servicing needs for such equipment; or
(3)
Refrigerants, foams and aerosol propellants that are listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy program, 40 Code of Federal Regulations, Part 82, Subpart G, as long as the refrigerant, foam or aerosol propellant is sold, offered for sale or distributed for sale for the use for which it is listed pursuant to that program.

The department may by rule identify specific products or product categories containing intentionally added PFAS for which it has determined the use of PFAS in the product is a currently unavoidable use. If the department determines by rule that the use of PFAS in a product or product category is a currently unavoidable use:
(1)
The product is exempt from the otherwise applicable prohibition in this subsection, or in the rules adopted pursuant to paragraph C, on the sale, offer for sale or distribution for sale of the product for one of the following periods of time, whichever provides a longer period of exemption:
(a)
Five years from the effective date of the rule determining that the use of PFAS in the product or product category is a currently unavoidable use; or
(b)
Five years from the effective date of the otherwise applicable prohibition in this subsection or in the rules adopted pursuant to paragraph C; and
(2)
A manufacturer of the product that sells, offers for sale or distributes for sale the product in this State shall comply with the notification requirement of subsection 2.

The prohibitions in this subsection do not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited.

Fees.
The department may establish by rule and assess a fee payable by a manufacturer that is required to comply with the notification requirement of subsection 2 to cover the department's reasonable costs in administering the requirements of this section. Notwithstanding Title 5, section 8071, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Beginning January 1, 2032, a person may not sell, offer for sale or distribute for sale in the State a product containing intentionally added PFAS for which the department has determined that the use of PFAS in the product is a currently unavoidable use pursuant to subsection 5, paragraph F if the manufacturer of the product has failed to provide the information required under subsection 2. This prohibition does not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited.

Certificate of compliance.
If the department has reason to believe that a product contains intentionally added PFAS and is being sold, offered for sale or distributed for sale in violation of subsection 5 or 7, the department may direct the manufacturer of the product to, within 30 days:
A.
Provide the department with a certificate attesting that the product does not contain intentionally added PFAS; or
[PL 2023, c. 630, §1 (AMD).]
B.
Notify persons that sell, offer for sale or distribute for sale the product in this State that the sale of the product is prohibited in this State and provide the department with a list of the names and addresses of those persons notified.

"Cosmetic product" means a product intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance. "Cosmetic product" includes any product intended for use as a component of another cosmetic product, but does not include soap or a product that requires a prescription for distribution or dispensing.

"Currently unavoidable use" means a use of PFAS that the department has determined by rule under this section to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available.

"Essential for health, safety or the functioning of society" means a use of a PFAS in a product when the function provided by the PFAS is necessary for the product to perform as intended, such that the unavailability of the PFAS for use in the product would cause the product to be unavailable, which would result in:
(1)
A significant increase in negative health outcomes;
(2)
An inability to mitigate significant risks to human health or the environment; or
(3)
A significant disruption of the daily functions on which society relies.

"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.

"Manufacturer" means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, "manufacturer" includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Product" means an item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products.

"Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

Notification.
Except as provided pursuant to paragraph D or subsection 3, a manufacturer of a product for sale in the State that contains intentionally added PFAS and for which the department has determined that the use of PFAS in the product is a currently unavoidable use in accordance with subsection 5, paragraph F shall comply with the requirements of this subsection.
A.
The manufacturer shall submit to the department a written notification that includes, to the extent known to or reasonably ascertainable by the manufacturer:
(1)
A brief description of the product, including an estimate of the total number of units of the product sold annually in the State or nationally;
(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 or in the absence of this number a description approved by the department, in the product, reported as an exact quantity, or as the amount of total organic fluorine if the amount of each of the PFAS is not known, determined using commercially available analytical methods or based on information provided by a supplier as falling within a range approved for reporting purposes by the department or, if the manufacturer is unable to provide information regarding the amount of each of the PFAS in the product, the total weight of the product;
(4)
The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer;
(4-A)
The identification of the applicable determination adopted by the department by rule pursuant to subsection 5, paragraph F that the use of PFAS in the product is a currently unavoidable use; and
(5)
Any additional information required by the department by rule.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 138, §1 (AMD); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
A-1.
At the time the manufacturer submits to the department the written notice required in paragraph A, the manufacturer shall also pay to the department the applicable fee established by the department by rule pursuant to subsection 6.
[PL 2023, c. 630, §1 (NEW).]
B.
With the approval of the department, the manufacturer may supply the information required in paragraph A for a category or type of product rather than for each individual product.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
C.
In accordance with rules adopted by the department, the manufacturer shall update and revise the information in the written notification whenever there is significant change in the information or when requested to do so by the department.
[PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).]
D.
The requirements of this subsection do not apply to a manufacturer that employs 100 or fewer people.

Waiver of notification; coordination with other states.
The department may waive all or part of the notification requirement under subsection 2 if the department determines that substantially equivalent information is already publicly available. The department may enter into an agreement with one or more other states or political subdivisions of a state to collect notifications and may accept notifications to a shared system as meeting the notification requirement under subsection 2.

Exemptions.
The following are exempt from this section:
A.
A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
[PL 2023, c. 138, §3 (AMD); PL 2023, c. 138, §5 (AFF).]
B.
A package, as defined in Title 32, section 1732, subsection 4, for a product, except when the package is the product of the manufacturer. The exemption under this paragraph does not apply to the package of a product prohibited from sale, offer for sale or distribution for sale pursuant to subsection 5, paragraph B, B‑1, D or E if that package is a fluorinated container or a container that otherwise contains intentionally added PFAS;
[PL 2023, c. 630, §1 (AMD).]
C.
A used product or used product component;

A prosthetic or orthotic device or any product that is a medical device, drug or biologic or that is otherwise used in a medical setting or in medical applications that are regulated by or under the jurisdiction of the United States Food and Drug Administration;

Prohibition on sale of products containing intentionally added PFAS.
This subsection governs sales of products containing intentionally added PFAS.

Except as provided pursuant to paragraph F or G, effective January 1, 2026, a person may not sell, offer for sale or distribute for sale in this State:
(1)
A cleaning product containing intentionally added PFAS;
(2)
A cookware product containing intentionally added PFAS;
(3)
A cosmetic product containing intentionally added PFAS;
(4)
Dental floss containing intentionally added PFAS;
(5)
A juvenile product containing intentionally added PFAS;
(6)
A menstruation product containing intentionally added PFAS;
(7)
A textile article containing intentionally added PFAS. The prohibition under this subparagraph does not include:
(a)
Outdoor apparel for severe wet conditions; or
(b)
A textile article that is included in or a component part of a watercraft, aircraft or motor vehicle, including an off-highway vehicle;
(8)
Ski wax containing intentionally added PFAS; or
(9)
Upholstered furniture containing intentionally added PFAS.
The prohibition under this paragraph applies to any of the products listed in subparagraphs (1) to (9) that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to any of the products listed in subparagraphs (1) to (9) that are sold, offered for sale or distributed for sale in used condition.

Except as otherwise provided in this paragraph or pursuant to paragraph F or G, effective January 1, 2032, a person may not sell, offer for sale or distribute for sale in this State any product that contains intentionally added PFAS that is not already prohibited from sale, offer for sale or distribution for sale pursuant to paragraph A, B, B‑1, B‑2 or C, unless the department has determined by rule in accordance with paragraph F that the use of PFAS in the product is a currently unavoidable use.
The prohibition under this paragraph applies to any such products that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to:
(1)
Any such products sold, offered for sale or distributed for sale in used condition;
(2)
Cooling, heating, ventilation, air conditioning and refrigeration equipment, including parts and other servicing needs for such equipment; or
(3)
Refrigerants, foams and aerosol propellants that are listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy program, 40 Code of Federal Regulations, Part 82, Subpart G, as long as the refrigerant, foam or aerosol propellant is sold, offered for sale or distributed for sale for the use for which it is listed pursuant to that program.

The department may by rule identify specific products or product categories containing intentionally added PFAS for which it has determined the use of PFAS in the product is a currently unavoidable use. If the department determines by rule that the use of PFAS in a product or product category is a currently unavoidable use:
(1)
The product is exempt from the otherwise applicable prohibition in this subsection, or in the rules adopted pursuant to paragraph C, on the sale, offer for sale or distribution for sale of the product for one of the following periods of time, whichever provides a longer period of exemption:
(a)
Five years from the effective date of the rule determining that the use of PFAS in the product or product category is a currently unavoidable use; or
(b)
Five years from the effective date of the otherwise applicable prohibition in this subsection or in the rules adopted pursuant to paragraph C; and
(2)
A manufacturer of the product that sells, offers for sale or distributes for sale the product in this State shall comply with the notification requirement of subsection 2.

The prohibitions in this subsection do not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited.

Fees.
The department may establish by rule and assess a fee payable by a manufacturer that is required to comply with the notification requirement of subsection 2 to cover the department's reasonable costs in administering the requirements of this section. Notwithstanding Title 5, section 8071, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Beginning January 1, 2032, a person may not sell, offer for sale or distribute for sale in the State a product containing intentionally added PFAS for which the department has determined that the use of PFAS in the product is a currently unavoidable use pursuant to subsection 5, paragraph F if the manufacturer of the product has failed to provide the information required under subsection 2. This prohibition does not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited.

Certificate of compliance.
If the department has reason to believe that a product contains intentionally added PFAS and is being sold, offered for sale or distributed for sale in violation of subsection 5 or 7, the department may direct the manufacturer of the product to, within 30 days:
A.
Provide the department with a certificate attesting that the product does not contain intentionally added PFAS; or
[PL 2023, c. 630, §1 (AMD).]
B.
Notify persons that sell, offer for sale or distribute for sale the product in this State that the sale of the product is prohibited in this State and provide the department with a list of the names and addresses of those persons notified.