State of Maine Adds PFOS to Roster of Priority Chemicals in Children’s Products

State of Maine Adds PFOS to Roster of Priority Chemicals in Children’s Products

The Maine Department of Environmental Protection has identified perfluorooctane sulfate (PFOS) as a priority chemical under its Safer Chemicals in Children’s Products regulation. It is expected the state’s proposal will create additional reporting requirements for PFOS usage in products that could come into contact with children.

Perfluorooctane sulfate is a key ingredient in fabric protectors, and fire-fighting and alcohol-type foams. In the semiconductor industry, it can be found in photolithographic chemicals, including photoacid generators (PAGs) and anti-reflective coatings (ARCs). It has already been phased out of the European Union semiconductor industry due to health concerns.

Although the regulation does ban the use of some substances, it primarily directs manufacturers toward safer alternatives early in the production process. Under the update, manufacturers or distributors of children’s products that contain intentionally added amounts of PFOS have reporting requirements, provided their products fall into the following categories:

  • Care articles.
  • Clothing.
  • Footwear.
  • Sleepwear.
  • Children’s toy.
  • Cookware, tableware, reusable food and beverage containers.
  • Cosmetics and personal care products.
  • Craft supplies.
  • Electronic device.
  • Household furniture and furnishings.

Assent’s Full Material Disclosure solution can help you roll up data from the furthest tiers of your supply chain, up to the product level. 

Should the rule be adopted, companies will have a period of 180 days after the effective date to submit the following information for any in-scope product:

  • Name and address of the manufacturer or distributor.
  • Name, address and phone number of a contact person for the manufacturer or distributor.
  • Description of the manufacturer or distributor’s product or products containing PFOS, including:
    • Overall size of the product.
    • Component of the product that contains PFOS.
    • Whether the product or PFOS-containing component of the product can be placed in the mouth (if a reportable item is smaller than five centimeters in one dimension).
  • Perfluorooctane sulfate threshold levels in the product reported.
  • Function of PFOS in the product reported.
  • Number of product units sold or distributed in Maine or nationally, in accordance with Department Rule 06-096 C.M.R. ch. 880 § 5(A)(2).

The submission should also contain any other information the manufacturer or distributor deems relevant, such as independent studies on exposure to PFOS in the finished product through its natural usage. This may include an assessment that has already been performed by the manufacturer or distributor of the availability, cost, feasibility and/or performance of the product, including potential for harm to human health and the environment, safe alternatives and justification for its usage in lieu of an identified alternative.

Existing substances controlled by Maine’s Safer Chemicals in Children’s Products Rule include:

  • Bisphenol A (BPA).
  • Flame retardants decabromodiphenyl ether (decaBDE) and hexabromocyclododecane (HBCD).
  • Phthalate compounds, including:
    • Di(2-ethylhexyl) phthalate (DEHP).
    • Dibutyl phthalate (DBP).
    • Benzyl butyl phthalate (BBP).
    • Diethyl phthalate (DEP).
  • Formaldehyde.
  • Nonylphenol and nonylphenol ethoxylates (NP/NPE).
  • Cadmium.
  • Mercury.
  • Arsenic.

Public comments on the proposed rules can be submitted until May 6, 2019, at 5 PM EST.

Assent Can Help Acquire the Data

The Assent Compliance Platform can help you acquire data to determine PFOS thresholds in your products. We can also collect full material disclosures, so your company will always be able to quickly assess whether an approaching deadline poses a risk to your products. To learn more about how our Product Compliance Suite can streamline your supply chain data collection and reporting processes, contact us at