|
In 2025, the Maine Legislature passed LD 130 (P.L. 2025, Chapter 65) – An Act to Establish the PFAS Response Program and to Modify the Fund To Address PFAS Contamination.
This law allows the Department of Agriculture, Conservation and Forestry (DACF) to formally establish the PFAS Response Program within the Bureau of Agriculture, Food and Rural Resources (the Program had been operating since 2021 under biennial budget authorization). The law recognizes the purpose of the PFAS Response Program to “effectively respond to and address PFAS contamination affecting agricultural producers in the State, to assist commercial farms affected by PFAS contamination and to safeguard public health.”
The Department will establish routine technical rules for administering the PFAS Response Program to support producers impacted by PFAS contamination.* The Department will take a two-phased approach to rulemaking:
Phase 1 will focus on formalizing existing financial support programs. These proposed rules are not anticipated to modify existing policies and will be posted for public comment, anticipated in early 2026.
Phase 2 will begin in mid-2026 and will address the following:
-
Technical support for farmers impacted by PFAS. The PFAS Response Program has existing practices regarding technical support (e.g., baseline criteria that agricultural producers must adhere to, what DACF will test and when, etc.), and the rulemaking process is expected to formalize these without introducing significant modifications.
-
Establishing maximum levels (also known as action levels) for PFAS in farm products. DACF currently has established action levels for PFOS in milk, beef, and chicken eggs; these are expected to be updated as part of this process.
This request for stakeholder input before public rulemaking is specific to Phase 2(B): action levels. The future action level-related rules will establish scientifically rigorous, evidence-based criteria to derive future action levels and address policy considerations related to their implementation.
Before beginning Phase 2 of rulemaking to address these topics, the Department seeks input from the public regarding the following questions:
-
Farm Products: What additional farm products should have PFAS maximum levels established, and why?
-
Testing Approach: What factors should the Department consider when determining the requirements, frequency, and methods for testing farm products for PFAS?
-
Sales Channels: Should the department consider whether a product is sold directly to consumers versus wholesale distribution of products?
-
Exceedances and Reauthorization: Should a product be found above an action level and prohibited from commercial sale, what criteria must be met to reauthorize its commercial sale?
The Department will carefully review all input before it begins drafting its routine technical rules under the requirements of the Maine Administrative Procedures Act. After these routine technical rules are drafted, a public comment period will open (anticipated in mid-2026), including a public hearing, where the public can provide additional input and feedback for the Department to consider before any final rule adoption.
Please provide your feedback to the Department in one of the following ways:
- By completing the Microsoft Form,
- Emailing the PFAS Response Program at pfas.dacf@maine.gov, or
- Mailing the PFAS Response Program, 28 State House Station, Augusta, ME 04333.
Responses are requested by 11:00 AM EST on Monday, November 17, 2025.
*The PFAS Response Program is distinct from and complementary to the PFAS Fund which was established in statute in 2022.
|
