Maine Adds PFOS Chemicals to Reporting Requirements for Children’s Products

The US state of Maine’s Department of Environmental Protection (DEP) has added perfluorooctane sulfonic acid (PFOS) and its salts to a list of priority chemicals (PCs) that require reporting in specific children’s products.

In addition to PFOS, the salts covered in the new Chapter 890 are:
• Potassium perfluorooctane sulfonate
• Lithium perfluorooctane sulfonate
• Ammonium perfluorooctane sulfonate
• Diethanolammonium perfluorooctane sulfonate

Maine enacted the ‘Toxic Chemicals in Children’s Products’ law in 2008. It requires manufacturers and/or distributors of children’s products to disclose specific information if a PC is added to a product and exceeds the de minimis level. This requirement does not apply to, among other things, inaccessible components. The list of PCs is evaluated and updated periodically.

‘Children’s product’ is defined as a consumer product that is intended for, made for, or marketed for use by a child under 12 years of age. It also includes any consumer product that contains a chemical of high concern (CHC) that when used or disposed of will likely result in a child under 12 years of age or a fetus being exposed to that chemical.

Chapter 890 is just the latest rule chapter to be issued. Products included under its scope include:
• Childcare articles
• Clothing, footwear, sleepwear
• Cookware, tableware, reusable food, and beverage containers
• Cosmetics and personal care products
• Craft supplies
• Electronic devices
• Household furniture and furnishings
• Toys

Exemptions include:
• Used products
• Containers or packaging for food or beverage products, unless they are marketed or intended for use by children under three years of age
• Motor vehicles or watercrafts, except detachable car seats

The new rule came into effect on July 28, 2020 and the deadline for reporting is January 24, 2021 (180 days from the effective date). Manufacturers or distributors of products under the scope of the chapter, but which are not offered for sale until after January 24, 2021, are obliged to report to the DEP within 30 days.

Since 2011, other rule chapters that have been issued include:
• Chapter 882: Bisphenol A (BPA)
• Chapter 883: Nonylphenols and nonylphenol ethoxylates (NPs and NPEOs)
• Chapter 884: Cadmium
• Chapter 885: Formaldehyde
• Chapter 886: Mercury
• Chapter 887: Arsenic
• Chapter 888: Benzylbutyl phthalate (BBP), dibutyl phthalate (DBP), diethyl phthalate (DEP) and di-(2-ethylhexyl) phthalate (DEHP)
• Chapter 889: Decabromodiphenyl ether (Deca-BDE) and hexabromocyclododecane (HBCD/HBCDD)

Toy & Juvenile Product Services
SGS offers a wide range of services to ensure that products comply with relevant standards for juvenile products and childcare articles. They provide consulting, training, product development, testing, audit, and inspection services to ensure that products comply with strict regulations worldwide, demonstrating the safety and quality of juvenile products being brought to the market. Learn more about SGS’s Toy & Juvenile Product Services. [

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For further information contact:

Hingwo Tsang
Global Information and Innovation Manager
Tel:(+852) 2774 7420
LinkedIn: sgs-consumer-goods-&-retail

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