A. The following are exempt from the
requirements of this Chapter:
(1) A product
for which federal law governs the presence of PFAS in the product in a manner
that preempts state authority. For this purpose, the provisions of this Chapter
are severable, and if any phrase, section, or subsection is preempted by
federal law, the validity of the remainder of this Chapter shall not be
affected;
(2) A package as defined
at 32
M.R.S. §1732(4), for a
product, except when the package is the product of the manufacturer. The
exemption under this subsection does not apply to the package of a product
prohibited from sale, offer for sale, or distribution for sale pursuant to
sections 5(B), (C), (E), or (F) if that package is a fluorinated container or
container that otherwise contains intentionally added PFAS;
(3) A used product or product
component;
(4) A firefighting or
fire-suppressing foam or related product regulated under
38 M.R.S.
§424-C;
(5) A prosthetic or orthotic device or any
product that is a medical device, drug or biologic or that is otherwise used in
a medical setting or in medical applications that are regulated by or under the
jurisdiction of the United States Food and Drug Administration (FDA);
(6) A veterinary product intended for use in
or on animals, including diagnostic equipment or test kits and the components
and any product that is a veterinary medical device, drug, biologic or
parasiticide or that is otherwise used in a veterinary medical setting or in
veterinary medical applications that are regulated by or under the jurisdiction
of:
(a) The FDA;
(b) The United States Department of
Agriculture (USDA) pursuant to the federal Virus-Serum-Toxin Act; or
(c) The Environmental Protection Agency
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, except
that any such product approved by the EPA pursuant to that law for aerial or
land application are not exempt from this Chapter.
(7) A product developed or manufactured for
the purposes of public health, environmental or water quality
testing;
(8) A product required to
meet standards or requirements of the United States Department of
Transportation, FAA, the National Aeronautics and Space Administration (NASA),
the United States Department of Defense (DOD) or the United States Department
of Homeland Security (DHS), except that the exemption under this subsection
does not apply to any textile article or refrigerant that is included in or as
a component part of such products;
(9) A motor vehicle or motor vehicle
equipment regulated under federal motor vehicle safety standards, as defined in
49 U.S.C. §
30102(a)(10), and any other
motor vehicle, including an off-highway vehicle or specialty motor vehicle,
such as an all-terrain vehicle, side-by-side vehicle, farm equipment or
personal assistive mobility device, except that the exemption under this
subsection does not apply to any textile article or refrigerant that is
included in or as a component of such products;
(10) A watercraft as defined in
32 M.R.S.
§13001(28), or a
seaplane, except that the exemption under this subsection does not apply to any
textile article or refrigerant that is included in or as a component part of
such products;
(11) A
semiconductor, including semiconductors incorporated into electronic equipment,
and equipment and materials used in the manufacture of semiconductors;
NOTE: While semiconductors incorporated into electronic
equipment are exempted from this Chapter, electronic equipment in their
entirety is not exempt unless otherwise specified. Manufacturers of electronic
equipment are still subject to sales prohibitions, currently unavoidable use
determinations, and notification requirements on the balance of their product
which is not comprised of semiconductors.
(12) Non-consumer electronics and
non-consumer laboratory equipment not ordinarily used for personal, family or
household purposes; and
(13)
Equipment directly used in the manufacture or development of products described
in subsections 5 through 12, above.
NOTE: The statutory basis for this rulemaking contains
certain exemptions of products that are regulated by, or are under the
jurisdiction of, certain federal agencies pursuant to federal law. The
Department understands the legislative intent to be that any changes to federal
law that affect these exemptions will apply to the exemptions as soon as the
federal changes become effective. No amendment of this rule will be necessary
for such changes to apply to the Department's operation of this
program.
