Maine lawmakers reject PFAS reporting exemption for agriculture

Maine lawmakers rejected a proposed exemption of agricultural products from Maine’s first-in-the-nation reporting requirements for perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS.

Maine was the first state to pass a rule requiring manufacturers to report intentionally added PFAS in their products. Passed in 2021, the rule originally required reporting starting in January 2023, but last year the Legislature extended the deadline to January 2025 and amended the rule to provide exemptions for small manufacturers and used products, among others. 

The proposal, put forth in a bill from Senate President Troy Jackson (D-Aroostook), would have added another exemption for agriculture products used for crop production or protection. 

During testimony earlier this session, Jackson and other proponents argued that not providing the exemption would raise costs for growers and consumers by limiting product use. While the reporting requirements are the first deadline under the law, by the turn of the decade it will also prohibit the sale of any product containing intentionally added PFAS in the state, unless the use of the chemicals are deemed unavoidable by the Department of Environmental Protection.

Meanwhile, critics said the exemption would ultimately harm farmers, and the public, by allowing for continued PFAS contamination in crops. PFAS, also called forever chemicals, are used in many everyday products to resist heat, oil and stains. The chemicals have been linked to several health problems, such as cancer, liver damage and infertility.

The majority of the Environment and Natural Resources Committee recommended against the exemption, though split along party lines, with Republicans in favor and Democrats opposed.

The chamber votes largely followed suit. 

On Tuesday, the Senate split 21-13 voting against its passage, with only one Republican, Sen. Rick Bennett of Oxford, joining the majority. On Wednesday, the House initially agreed with the Senate under the hammer. After a request for reconsideration from Minority Leader Billy Bob Faulkingham (R-Winter Harbor), a roll call vote 76-68 yielded the same result, killing the proposal. 

Ample floor debate reminiscent of committee discussions preceded the divided votes in both bodies. 

Republicans characterized it as a bill to help farmers. “I think it’s unfair that we haven’t included the farmers in this exemption,” said Rep. Dick Campbell of Orrington, referring to the legislation from last year. 

Rep. Randall Hall (R-Wilton) agreed, arguing that it will have a huge impact on Maine’s conventional large crop farmers who often rely on pesticides and herbicides. 

Meanwhile, Rep. Bill Pluecker (I-Warren) said this reliance on pesticides for crop production or protection is exactly why such products should not be exempt from PFAS reporting.  

“I agree, we need to support our farmers,” Pluecker said. “But the way we support our farmers is by looking back to the manufacturers of these pesticides and saying, ‘No, we expect you to do better.’”

This bill focused on reporting requirements, rather than the sale of products with PFAS, which the 2021 law tackled. However, another bill being considered this session, LD 1537, seeks to extend the deadline previously set for prohibiting the sale of products with intentionally added PFAS from 2030 to 2032, among other technical adjustments. 

That bill received a favorable vote in the Environment Committee earlier this month but has yet to be heard on the floor.