PFAS Maine

October 2025

Maine Sales Prohibition for HVAC and Refrigeration Equipment Effective January 1, 2040
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.
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Maine Cookware PFAS Sales Prohibition Effective January 1, 2026
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.
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Maine Approves Two CUU Determinations for January 2026 Products
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.
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Maine Establishes $1,500 CUU Notification Fee Structure
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.
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Maine Amended Chapter 90 Rule with CUU Determinations Effective October 7, 2025
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.
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Maine Defines Cookware Scope for PFAS 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.
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Maine Chapter 90 Establishes Reporting Program for CUU-Designated Products
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.
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Maine Chapter 90 PFAS Rule Amendment Establishes CUU Framework
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.
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Maine requires PFAS Notification Form for CUU-designated products by January 1, 2026
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.
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Maine DEP sets May 1, 2026 deadline for CUU proposals in next rulemaking
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.
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Maine PFAS sales prohibition takes effect for 10 product categories January 1, 2026
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.
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Maine PFAS sales prohibition for artificial turf and outdoor apparel effective January 1, 2029
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.
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Maine establishes statutory exemptions for PFAS sales prohibition
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.
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Maine BEP Approves First CUU Determinations for PFAS Products
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.
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April 2025

Maine DEP Extends CUU Designations by Two Years
Maine Department of Environmental Protection has extended Currently Unavoidable Use (CUU) designations by two years for certain product categories subject to PFAS sales prohibitions. This extension provides manufacturers additional time to continue selling products with intentionally added PFAS that have received CUU determinations, while they work toward reformulation or alternative compliance strategies. The extension affects the timeline for compliance with Maine's PFAS in Products law for CUU-designated products.
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Maine DEP Issues Guidance on PFAS Notification and CUU Proposal Process
Maine DEP published guidance for manufacturers on submitting PFAS Notification Forms through the Maine Enterprise Licensing System (MELS) and instructions for preparing Currently Unavoidable Use (CUU) proposals. Key guidance points include: manufacturers with 100 or fewer employees are exempt from notification requirements; PPE is NOT considered a textile article for purposes of the January 2026 prohibition; and CUU proposals received before May 1, 2026 may be included in late spring 2026 rulemaking.
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August 2024

Maine eliminates general PFAS notification requirement; new CUU reporting program established
Public Law 2023, c. 630 (effective August 9, 2024) eliminated the general notification requirement for products containing intentionally added PFAS that was previously scheduled to take effect January 1, 2025. In its place, the legislation established a new reporting program specifically for product categories that receive a Currently Unavoidable Use (CUU) determination from the Department. This represents a significant shift in Maine's PFAS product compliance framework, replacing broad manufacturer notification with a targeted reporting obligation tied to CUU designations.
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