The Maine Department of Environmental Protection has drafted Chapter 890 for designating perfluorooctane sulfonic acid (PFOS) as a priority chemical for certain children’s products. Same as regulations for other priority chemicals like formaldehyde and phthalates, comparable reporting requirements are expected in the new rule. Here are the highlights of the draft:

Regulated children’s products:

Children’s products to be regulated by Chapter 890 include:

a) Child care articles
b) Children’s clothing
c) Children’s footwear
d) Children’s sleepwear
e) Children’s toys (excluding helmets, goggles and other personal protective equipment for sports and recreation activities)
f) Cookware, tableware, reusable food and beverage containers
g) Cosmetics and personal care products
h) Craft supplies
i) Electronic devices
j) Household furniture and furnishings

Exempted products are:

a) Used products
b) Food and beverage packaging, unless those which are intentionally marketed or intended for use by children under three years of age
c) Motor vehicles, except detachable car seats

Reporting requirements

Manufacturers or distributors of the listed children’s products that contain intentionally added amounts of PFOS shall report the following information to the department:

a) Name and address of manufacturer or distributor
b) Name, address and phone number of the contact person for the manufacturer or distributor
c) Description of the products containing PFOS, including:

• Overall size of the products and/or product components containing PFOS; and
• Whether the products or components containing PFOS can be placed in the mouth (i.e. smaller than 5 cm in one dimension)
  

d) Amount of PFOS in each unit of reported product
e) Function of PFOS in the reported product
f) Number of product units sold or distributed in Maine or nationally
g) Any other relevant information

Reporting deadline

The deadline for reporting children’s products containing PFOS shall be 180 days after the effective date of this rule, or within 30 days of the sale if the products start to be sold after the 180-day reporting period ends.

Waiver of reporting requirements

Manufacturers may request a waiver of the reporting requirements in accordance with Department Rule 06-096 C.M.R. ch. 880(5)(C).

Note:

1. “Children’s product” means a consumer product intended for, made for or marketed for use by children under 12 years of age.
2. “Child care article” means a children’s product designed or intended by the manufacturer to facilitate sleep or the feeding of children or to help children with sucking or teething.
3.  “Craft supplies” means any art supply sold for the use of a child under the age of 12 years for the purpose of making something in a carefully skillful way using one’s hands, including but not limited to specialty papers, glue, writing utensils, and colour enhancers.

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