Chemicals in Commerce - State Laws
State Laws
Maine
Within the Toxic Chemicals in Children’s Products program (38 MRS, Chapter 16-D pdf), the Maine Department of Environmental Protection (Maine DEP) uses a three-tiered approach to classify chemicals. It is only with a Priority classification that the Maine DEP has regulatory oversight. To reach Priority status, a chemical must first be on Maine DEP’s Chemicals of Concern list. From this list, Chemicals of High Concern are designated, and upon further review may be elevated to Priority status, which results in regulatory action. Each classification tier builds upon the criteria of the list before it.
Currently, Maine lists approximately 1,400 compounds as Chemicals of Concern (pdf). A chemical may be included on the Chemicals of Concern list if it has been identified by an authoritative governmental entity based on credible scientific evidence as being:
- A carcinogen, a reproductive or developmental toxicant, or an endocrine disruptor;
- Persistent, bioaccumulative, and toxic; or
- Very persistent and very bioaccumulative.
Once published on the Chemicals of Concern list, a chemical may be elevated to the Chemicals of High Concern list, which is a list that is updated triennially and cannot exceed 70 chemicals. The current listing of Chemicals of High Concern consists of 36 compounds, all of which meet the following criteria:
- Found through biomonitoring studies to be present in human blood, breast milk, urine, or other bodily tissue or fluids;
- Found to be present in household dust, indoor air, drinking water, or elsewhere in the home environment; or
- Has been added to or is present in a consumer product used or present in the home.
A chemical on the list of Chemicals of High Concern may be designated as a Priority Chemical by the Maine DEP Commissioner through routine technical rulemaking. Manufacturers of products containing Priority Chemicals are required to report to the Maine DEP within 30 days after the product is made available in the State.
Maine lists bisphenol A, nonylphenol and nonylphenol ethoxylates, cadmium, mercury, flame retardants, formaldehyde, PFOS or salts, phthalates, and arsenic as Priority Chemicals.
For more information, visit Maine’s Safer Chemicals in Children’s Products Program website.
Minnesota
The Minnesota Chemicals of High Concern list contains over 1,700 chemicals found in various consumer products, such as pesticides, dyes, solvents, plasticizers, flame retardants, and more. The list is reviewed and revised triennially by the Minnesota Department of Health (MDH). Chemicals qualify for the list by having at least one of the following hazard characteristics that are known or suspected with a high degree of probability by authoritative governmental sources:
- Harm the normal development of a fetus or child or cause other developmental toxicity;
- Cause cancer, genetic damage, or reproductive harm;
- Disrupt the endocrine or hormone system;
- Damage the nervous system, immune system, or organs, or cause other systemic toxicity;
- Be persistent, bioaccumulative, and toxic; or
- Be very persistent and very bioaccumulative.
In 2009, the Minnesota Legislature passed a law, now in found in Minnesota Statute 116.9403 that provides requirements that MDH should follow for naming chemicals to a Priority Chemicals list. The law states that MDH, in consultation with the Minnesota Pollution Control Agency (MPCA), may designate a Chemical of High Concern as a Priority Chemical if the United States Environmental Protection Agency has identified it as a high-production volume chemical and it meets any of the three criteria outlined on Minnesota’s “Priority Chemicals” webpage.
These requirements are:
- the chemical has been found through biomonitoring to be present in human blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids.
- the chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water, or elsewhere in the home environment.
- the chemical has been found through monitoring to be present in fish, wildlife, or the natural environment.
Minnesota’s list of Priority Chemicals has remained the same since 2011 and is composed of nine chemicals, each identified by their Chemical Abstract Services Registry Number (CASRN).
For more information, visit Minnesota’s Toxic Free Kids Act website.
New York
The New York State Department of Environmental Conservation (DEC) operates multiple programs that seek to prevent or reduce pollution right at the source. This is done through a wide range of actions, including green procurement, agency sustainability initiatives, working with waste generators to implement reduction plans, and implementing laws that either restrict or require the disclosure of chemicals in products. Some of our programs include:
The Toxic Chemicals in Children’s Products law mandates DEC to create and maintain lists of Chemicals of Concern (COC) and High Priority Chemicals (HPC). Products containing these chemicals must be disclosed if sold in New York State, and the law additionally prohibits the sale of children’s products with intentionally added benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate. DEC is working to develop rules to address product categories, disclosure requirements, reporting thresholds, and details related to waivers and fees.
The 1,4-Dioxane in Household Cleaning, Personal Care and Cosmetic Products law sets limits on the amount of 1,4-dioxane permitted in these products sold in the state. In addition, the Cleaning Product Information Disclosure program requires manufacturers to disclose ingredients in domestic and commercial cleaning products. Alongside these regulations, New York State actively supports sustainability through its green procurement program guiding state agencies toward purchasing more sustainable and less toxic products.
The Mercury In Personal Care and Cosmetic Products law prohibits the sale of products containing mercury. The Mercury-Added Consumer Products law outlines labeling standards, disposal prohibitions, and restrictions on the sale and distribution of mercury-added products, with DEC participating in the Interstate Mercury Education and Reduction Clearinghouse (IMERC).
The PFAS In Food Packaging law amends the NYS Hazardous Packaging Act to restrict PFAS in food packaging, while PFAS in Apparel law restricts PFAS in apparel and outdoor gear for severe wet conditions. Other chemicals addressed by the NYS Hazardous Packaging Act include the use of four toxic heavy metals in packaging, with general interpretation and administration overseen by the Toxics in Packaging Clearinghouse (TPCH). Regulations on Storage and Use of Fire Fighting Foams Under New Hazardous Substance focus on the storage and release of certain PFAS and employs State Superfund resources to support site investigations and cleanups.
The Flame Retardants in Furniture, Mattresses and Electronic Displays law bans certain flame retardants in these items and requires annual reporting for organohalogen flame retardants used in electronic display stands and enclosures. The Coal Tar-Based Pavement Sealers law prohibits the sale of pavement products containing coal tar.
For more information please visit New York’s Department of Environmental Conservation website.
Oregon
The Toxic-Free Kids Act (TFKA) was passed during Oregon’s 2015 legislative session. TFKA is implemented by the Oregon Health Authority (OHA), and requires manufacturers of children’s products sold in Oregon to make biennial of products containing one or more chemicals on Oregon’s list of High Priority Chemicals of Concern for Children’s Health (HPCCCH). Reports are made to the multistate High Priority Chemical Database System (HPCDS). After certain types of products are reported three times, manufacturers must remove the HPCCCHs; replace them with a less-hazardous substitute approved by OHA; gain an approved waiver or an exemption from removal/substitution from OHA; or no longer sell the product in Oregon. [Those product types are those intended to be mouthed; made for kids under three years-old; or children’s cosmetics.] Oregon’s Toxic-Free Kids Modernization Act and the Toxic-Free Cosmetics Act became laws in 2023. The Modernization Act requires manufacturers, starting in 2026, to report children’s products by the brand name and product model, as they are seen by consumers. Similar to Washington’s law with the same name, Oregon’s Toxic-Free Cosmetics Act will be implemented in 2026 and take effect in 2027.
For more information, visit Oregon’s Toxic-Free Kids Program website.
Washington
The Washington State Department of Ecology (ECY) implements many product laws for the state. Three of their laws that address a number of chemicals of concern are their 2008 Children’s Safe Products Act (CSPA), the 2019 Pollution Prevention for Healthy People and Puget Sound Act (whose implementation program is known as Safer Products for Washington) and the 2023 Toxics-Free Cosmetics Act. In accordance with the Children’s Safe Products Act (CSPA), Ecology developed the reporting list of Chemicals of High Concern to Children (CHCC). The reported information on the CHCC in children’s products is posted in the High Priority Chemical Database System (HPCDS). The Safer Products for Washington program implements a law that is cyclical and provides broad authority to identify priority chemicals or chemical classes and priority products in which the agency, in collaboration with the Washington State Department of Health, identifies regulatory determinations which are then put into rule. The Toxics-Free Cosmetics Act restricts a number of chemicals and chemical classes as well as provides some ongoing support for chemical hazard assessments, subsidies and technical assistance to businesses.
There are additional toxics in products laws in Washington. For more information, Ecology has a webpage on their toxics in products laws.
Vermont
Vermont’s Act 188, relating to the regulation of toxic substances (2014) (pdf), establishes a reporting protocol for manufacturers who use certain chemicals in children’s products. Manufacturers who use chemicals designated by the State of Vermont as Chemicals of High Concern to Children, must disclose information about these chemicals to the Vermont Department of Health (VDH) annually.
A “chemical of high concern to children” is defined as a chemical listed under 18 V.S.A. chapter 38A §1773, or designated by the Vermont DoH as a chemical of high concern by rule under §1776 of this title.
Beginning in 2024, reports are made to the multistate High Priority Chemical Database System (HPCDS). For more information, visit Vermont DoH’s Chemical Disclosure Program for Children’s Products website.