PFAS in Products: Currently Unavoidable Uses

The PFAS in Products Program was initially enacted in Public Law 2021, c. 477, An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution (LD 1503, 130th Legislature). The program’s governing statute was recently amended by Public Law 2024, c. 630, An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances (LD 1537, 131st Legislature, effective August 9, 2024).

The recent legislation eliminates the general notification requirement that was previously scheduled to take effect January 1, 2025. This legislation also created a number of new sales prohibitions for products with intentionally added PFAS with varying effective dates, created some specific exemptions to the prohibitions, and established a new reporting program for those product categories that receive a Currently Unavoidable Use (CUU) determination from the Department.

Based on the newly amended law, the Department is currently redrafting the previously proposed rule chapter 90. The revised proposal will provide details on program implementation and outline criteria required for CUU proposals applicable to upcoming sales prohibitions. With the elimination of the general reporting requirement, CUU proposals are now only applicable to those product categories prohibited for sale. The revised draft chapter 90 is expected to be available for public review and comment in mid-summer 2024. CUU determinations by routine technical rulemaking are projected to begin in 2025 after the revised chapter 90 is adopted.

This webpage will be updated as new information becomes available.

Updated June 3, 2024