Priority Chemicals

Maine has designated five chemicals as priority:

  • Bisphenol A (BPA)
  • Nonylphenol/Nonylphenol Ethoxylates (NP/NPE).
  • Cadmium
  • Mercury
  • Arsenic

Manufacturers using priority chemicals in certain consumer product categories, sold within the State of Maine, are required to report to the Maine Department of Environmental Protection when used in an amount greater than the de minimis. This is a one-time reporting requirement. See reporting requirements and forms.

► Affected manufacturers are required to pay a fee to the Department. See Chapter 881 for more detail.

The following are brief summaries with links to Department rule chapters for complete details.

BPA

Chapter 882

  • Prohibits the sale of reusable food and beverage containers made with BPA;
  • Prohibits the sale of baby food packaging and infant formula packaging made with BPA;
  • Requires manufacturers using BPA in toys, child care articles, and tableware to file a report with the Department.

NP/NPE

Chapter 883

  • Requires manufacturers using NP/NPE in household and commercial cleaning products, cosmetics and personal care products, and home maintenance products to file a report with the Department.

Cadmium

Chapter 884

  • Requires manufacturers using cadmium in certain children’s products to file a report with the Department. (Link to reporting forms)

Mercury

Chapter 886

  • Requires manufacturers using mercury in certain children’s products to file a report with the Department. (Link to reporting forms)

Arsenic

Chapter 887

  • Requires manufacturers using arsenic in certain children’s products to file a report with the Department. (Link to reporting forms)

Reporting Deadline

Manufacturers must report by the deadline specified; however, if you are a manufacturer introducing a product that was not offered for sale at that time, you must file the applicable report with the Department within 30 days of the product being offered for sale in Maine.

If you are a manufacturer with questions about the applicability of this regulation, please contact Kerri Malinowski at (207) 215-1894.