The Maine Department of Environmental Protection has approved designating perfluorooctane sulfonic acid (PFOS) and its salt as priority chemicals for certain children’s products under the State Agency

Rules Chapter 890 (06-096 C.M.R. ch. 890). The rule shall be effective immediately.

Same as regulations for other priority chemicals like formaldehyde and phthalates, comparable reporting requirements are also in the new rule. Here are the highlights:

Regulated children’s products:

Children’s products to be regulated by Chapter 890 include:

1. Child care articles
2. Clothing
3. Footwear
4. Sleepwear
5. Toys (excluding helmets, goggles and other personal protective equipment for sports and recreation activities)
6. Cookware, tableware, reusable food and beverage containers
7. Cosmetics and personal care products
8. Craft supplies
9. Electronic devices
10. Household furniture and furnishings

Exempted products are:

1. Used products
2. Food and beverage packaging, unless those which are intentionally marketed or intended for use by children under three years of age
3. Motor vehicles, except detachable car seats

Reporting requirements

Manufacturers or distributors of the listed children’s products that contain intentionally added PFOS or its salts shall report the following information to the department:

1. Name and address of manufacturer or distributor
2. Name, address and phone number of the contact person for the manufacturer or distributor
3. Description of the products containing PFOS or its salts, including:
   • Overall size of the products and/or product components containing PFOS or its salts; and
   • Whether the products or components containing the chemicals can be placed in the mouth (i.e. smaller than 5 cm in one dimension)
4. Amount of PFOS or its salts in each unit of reported product
5. Function of PFOS or its salts in the reported product
6. Number of product units sold or distributed in Maine or the USA
7. Any other relevant information

Reporting deadline

The deadline for reporting children’s products containing PFOS or its salts shall be 24 January 2021, or 30 days after the sale commences if the products start to be sold after the date.

Waiver of reporting requirements

Manufacturers may request a waiver of the reporting requirements in accordance with Department Rule 06-096 C.M.R. ch. 880(5)(C).

Note:

1. “Perfluorooctane sulfonic acid (PFOS) and its salts” means the chemical having the molecular formula C8HF17O3S and CAS No. 1763-23-1, and includes its salts identified as the following:
   • Potassium perfluorooctane sulfonate (CAS No. 2795-39-3)
   • Lithium perfluorooctane sulfonate (CAS No. 29457-72-5)
   • Ammonium perfluorooctane sulfonate (CAS No. 29081-56-9)
   • Diethanolammonium perfluorooctane sulfonate (CAS No. 70225-14-8)
2.  “Children’s product” means a consumer product intended for, made for or marketed for use by children under 12 years of age.
3.  “Child care article” means a children’s product designed or intended by the manufacturer to facilitate sleep or the feeding of children or to help children with sucking or teething.
4.  “Craft supplies” means any art supply sold for the purpose of making something in a carefully skillful way using one’s hands, including but not limited to specialty papers, glue, writing utensils, and colour enhancers.

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