PFAS Bans Coming to the USA – Effective January 2023

By: Tristan Foro on November 15th, 2022

Recent studies by the CDC have shown that exposure to PFAS (perfluoroalkyl and polyfluoroalkyl substances) may be linked to harmful health effects in both humans and animals. Due to their potential harmful effects, states like Maine, Colorado, New Hampshire and California have taken legislative action to ban products with intentionally added PFAS.

PFAS are man-made chemicals that have been widely used in products as early as the 1940s and break down very slowly. These chemicals are present in all goods such as electronics, carpets, rugs, cookware, cosmetics, furniture, and more. Over time they have been found in the blood of people and animals all over the world.  According to a study by the U.S. Centers for Disease Control and Prevention (CDC), PFAS exposure can contribute to cancer, liver damage, fertility issues, and increased risk of asthma and thyroid disease. 

 

State Legislation on PFAS Restrictions 

The following bills have been introduced to restrict and ban products with intentionally added PFAS:  

StateLegislation1st Effective Date
CaliforniaAB 2247July 1, 2026
ColoradoHB 22-1345January 1, 2024
MaineHB 1589January 1, 2023
New HampshireHP 1113January 1, 2023

Six PFAS chemicals called out in Maine’s legislation: 

NameAcronymCAS #
Perfluorooctanoic acid PFOA335-67-1
Perfluorooctanesulfonate PFOS1763-23-1
Perfluorononanoic acid PFNA375-95-1
Perfluorohexanesulfonic acid PFHxS355-46-4
Perfluoroheptanoic acid PFHpA375-85-9
Perfluorodecanoic acid PFDA335-76-2
 

According to Maine’s legislation beginning January 1, 2023, manufacturers of products that intentionally include PFAS must report this inclusion to the Maine Department of Environmental Protection.   

Effective January 1, 2030, any product containing intentionally added PFAS may not be sold in Maine unless the uses of PFAS in the product is specifically designated as a currently unavoidable use by the department. 

 PFAS Notifications will be submitted via the Maine Interstate Chemical Clearinghouse IC2 database with an accompanying fee. 

 

How does this Impact the Semiconductor Industry?  

PFAS are essential to semiconductor manufacturing and are used in FABs across the globe. While it is not always the case, PFAS can be present in finished semiconductor products. Currently, Maine is the home of multiple FAB sites producing millions of parts each year.  

This isn’t the first time PFAS has been restricted or banned. The European Union and their REACH regulations restrict certain PFAS and consider them as substances of very high concern (SVHC). SVHC must not exceed 0.1% of the components weight otherwise the entire product is not compliant and must be reported to the European Chemicals Agency (EHCA). Failing to comply with REACH regulations can result in fines and even imprisonment.  

 

Stay Compliant with Compliance Reporting and Professional Services 

On average, manufacturers spend approximately $1 million per year hiring consultants and data teams to meet compliance regulations. With SiliconExpert the largest global database on compliance data is at your fingertips for a fraction of the cost.  

 

SiliconExpert’s Compliance Module covers 21+ regulations including PFOS, PFOA, RoHS, REACH, California Proposition 65 and more. 

 

SiliconExpert’s Compliance Professional Services Reports provide an a la carte option to pay for compliance reporting per part.

To learn more about SiliconExpert’s Compliance offerings, click below:

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