ACTION ALERT - REQUEST AN EXTENSION

PFAS in Products Reporting Requirement

Have you confirmed whether or not your packaging components have intentionally added PFAS? Are you or your packaging manufacturer ready to report by January 1st?

Public Law c. 477, An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (LD 1503, 130th Legislature) requires manufacturers of products with intentionally added PFAS to report the intentionally added presence of PFAS in those products to the Department of Environmental Protection beginning January 1, 2023.

For more information on the program, visit the ME DEP's PFAS in Products website.

• MGFPA is submitting a letter to the ME DEP asking for an extension for members, food producers and private-label food brand owners, who would like to request additional time to ensure that they comply with the reporting requirement. Read MGFPA’s letter. The ME DEP is currently working on rules affiliated with the PFAS in Products Reporting Program. As of today, they’re yet to be finalized or approved, however, the reporting compliance date remains January 1, 2023.

• It is imperative that you are in compliance as of 1/1/23, whether that is knowing you do not have added PFAS in your packaging materials or that your suppliers have submitted a report acknowledging the use of the chemicals in your packaging components such as your labels, caps, liners, etc.

• While we had hoped that food packaging materials would be exempt under Title 32, it has been clarified that because no action has been taken yet specific to PFAS within the Reduction of Toxics in Food Packaging and Toxics Chemicals in Food Packaging policies, there is no relevant exemption as of yet.

• There are no exemptions for small producers.

• Requesting an extension is not to be perceived negatively, simply that you need additional time due to supply chain constraints, the challenges of working with your upstream packaging manufacturers, and the capacity limitations of the PFAS testing facilities. Currently, 28 pages of companies to date have requested and been granted an extension (view the list).

If you have yet to confirm with your packaging manufacturer the use of (or lack of) PFAS in your packaging materials, we encourage you to sign onto our association’s extension request letter or send an extension request separately to the ME DEP. The ME DEP has noted that they'll be accepting extension requests through the end of the year, but we are advising members to submit their extension requests as soon as possible.

Deadline for letter sign-on: November 17th.

Extension requests can be sent to the Maine DEP PFAS Program via email: PFASProducts@Maine.gov

Please reach out with any questions.

Thank you,

Christine Cummings

Executive Director

christine@mgfpa.org | 207-622-4461