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

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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
  • Clothing,
    footwear, sleepwear
  • Cookware,
    tableware, reusable food, and beverage containers
  • Cosmetics
    and personal care products
  • Craft
  • Electronic
  • Household
    furniture and furnishings
  • Toys

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Exemptions include:

  • Used
  • 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

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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.

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)

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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
Learn more about SGS’s
Toy & Juvenile Product Services.

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USA, Designates PFOS Chemicals for Reporting in Children’s Products

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For further information contact:

Hingwo Tsang

Global Information and Innovation Manager

Tel:(+852) 2774 7420



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