MAINE

Maine PFAS Law 

Starting January 1, 2032, companies will not be able to sell, offer for sale, or distribute to sell any product containing intentionally-added PFAS in the state of Maine unless exempted due to product category or unavoidable use.

Products containing intentionally-added PFAS which have been granted an unavoidable use determination by the Maine Department of Environmental Protection (DEP) are exempt from the prohibition requirements for a period of 5 years from the determination date or prohibition date. Instead, they are subject to the reporting requirements of the regulation, effective as of the unavoidable use determination by DEP.

MINNESOTA

New PFAS Regulation in Minnesota Coming in 2026

Effective January 1, 2025, the sale or offer for sale of various products containing intentionally added PFAS will be prohibited in Minnesota. House File 2310 (HF 2310) establishes stringent reporting requirements for manufacturers and introduces a certificate of compliance process to ensure adherence to the regulations. Manufacturers of products containing PFAS must submit detailed reports to the state, providing comprehensive information on the chemical composition, production volume, and intended uses of their products. 

California Proposition 65 

PFAS Regulations in California

California currently lists three PFAS chemicals on the Proposition 65 substance list: 

• Perfluorooctanoic acid (PFOA) 
• Perfluorooctanesulfonic acid (PFOS) 
• Perfluorononanoic acid (PFNA) 

While PFOA and PFOS have largely been phased out of use in the United States, they continue to be manufactured overseas and are used in products or components used in finished goods that are ultimately sold in the United States.

Additionally, three PFAS chemicals are currently under review by the Office of Environmental Hazard Assessment (OEHHA) for possible addition to the Proposition 65 substance list:

• Perfluorodecanoic acid (PFDA)
• Perfluorohexanesulphonic acid (PFHxS)
• Perfluoroundecanoic acid (PFUnDA)

Businesses that expose the California public to these PFAS chemicals, either by exposure from a product or from a business location, may be required to provide warnings to consumers. The specific warning requirements depend on the level of exposure and the type of product.

U.S. EPA TSCA Section 8(a)(7)

New TSCA PFAS Rule

The U.S. TSCA Rule 8(a)(7) mandates manufacturers to report and maintain records for specific per- and polyfluoroalkyl substances (PFAS). This rule aims to gather data on PFAS production and usage in the U.S., aiding the Environmental Protection Agency (EPA) in evaluating PFAS risks to human health and the environment. 

Manufacturers must report the following information for each year since 2011: 

• The chemical identity of each PFAS they manufactured 
• The quantity of each PFAS they manufactured 
• The locations where they manufactured each PFAS 
• The uses of each PFAS 

CANADA

Canadian Environmental Protection Act (CEPA) 71(1)(b)

On July 24, the Canadian Minister of the Environment enacted new provisions to the Canadian Environmental Protection Act (CEPA) related to PFAS in electronics and other products. With a deadline of January 29, 2025, CEPA 71(1)(b) requires companies to report on their import, production, and usage of 312 specific Per- and Polyfluoroalkyl Substances (PFAS) during the calendar year of 2023.

Affected companies are defined as any company that:

• Produces any in scope PFAS in Canada
• Imports in scope PFAS chemicals, whether alone, in mixtures, or in chemical products
• Imports manufactured items containing in scope PFAS
• Uses in scope PFAS in the manufacturing process within Canada

The list of the 312 in-scope PFAS can be found here, along with the full text of the regulation provisions. Canada has also released a guidance document which can be found here. The Reporting Template required to be used for submissions can be found here. Submissions should be made using Canada’s online reporting tool here. Requests for extensions from the reporting requirements or concerns about proprietary information may be addressed directly to substances@ec.gc.ca before the original deadline.

EUROPEAN UNION

PFAS Regulations in Europe 

EU POP

The European Union (EU) updated its Persistent Organic Pollutants (POP) regulation on August 8, 2023, to restrict the production, use, and release of perfluorohexane sulfonic acid (PFHxS), its salts, and PFHxS-related compounds. This move aims to minimize PFHxS's environmental impact due to its persistence and potential health risks. The restrictions include manufacturing bans, stockpile management requirements, and emission control measures. 

EU REACH SVHC  

There are currently 6 PFAS chemicals on the EU REACH Substances of Very High Concern (SVHC) list: 

• Perfluorooctanoic acid (PFOA) 
• Perfluorooctanesulfonic acid (PFOS) 
• Perfluorononanoic acid (PFNA) 
• Perfluorohexane sulfonic acid (PFHxS) 
• Dodecafluoroheptanoic acid (DHFoA) 
• Nonadecafluorododecanoic acid (NDFA) 

Under EU REACH, manufacturers are required to submit detailed reports including information on the chemical composition, production volume, and intended uses of PFAS-containing products to the European Chemicals Agency (ECHA). Manufacturers must also provide data on the release of PFAS into the environment throughout their supply chains. 

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