New Mexico has announced final approval of the rule implementing the “Per- & Poly-fluorinated Protection Act” (HB0212) that became law in April 2025. After reviewing public comments, the rule has been finalized for reporting, labeling, and testing of in scope products.
Summary of New Mexico PFAS in Consumer Products Rule
Scope & Authority
- Applies to manufacturers, distributors, and retailers selling products with intentionally added PFAS in New Mexico
- Issued by the Environmental Improvement Board under the Per- and Poly-Fluoroalkyl Substances Protection Act
Critical Dates
- July 1, 2026 - Rule effective
- October 31, 2026 – Currently Unavoidable Use (CUU) & label waiver applications for Jan 1, 2027 date
- January 1, 2027 - Group 1 product prohibitions; labeling requirements; reporting deadline
- January 1, 2028 - Group 2 product prohibitions; testing authority activated
- January 1, 2032 - Group 3 PFAS prohibition for any product (unless CUU designated)
Product Prohibition
Group 1 | Cookware, food packaging, dental floss, juvenile products, firefighting foam |
Group 2 | Carpets/rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, ski wax, upholstered furniture |
Group 3 | All other products containing intentionally added PFAS (unless designated "currently unavoidable use") |
Exemptions
Products exempt from prohibitions include:
- Federal-regulated items (medical devices, drugs, motor vehicles, aircraft, semiconductors)
- Used products offered for resale
- Veterinary products and equipment
- HVAC/refrigeration systems with EPA-approved refrigerants
- Fluoropolymers with solid backbones at standard temperature/pressure
Manufacturers can apply for CUU exemptions if PFAS use is essential for health, safety, or societal function AND no reasonable alternatives exist. CUU designations expire 3 years after approval. Submitted information includes:
- Specific PFAS identification (chemical name + CAS number)
- Detailed product description
- Justification for essentiality
- Comprehensive alternatives analysis (including cost, performance, availability)
- Health/environmental impact assessment
Initial proposals for CUU submitted 12 months before applicable prohibition except for Group 1 prohibition where the deadline is October 31, 2026.
Reporting
For any non-prohibited product, manufacturers must report the following for each product containing intentionally added PFAS. After initial reporting, significant changes to any submission must be reported within 30 days.
- Product description and product codes (UPC, SKU)
- Purpose of PFAS use
- PFAS concentration (exact amount or reporting ranges in ppm)
- Ranges, in ppm: <100, 100-500, 500-1,000, 1,000-5,000, 5,000-10,000, ≥10,000
- Manufacturer contact information
- Analytical method documentation
Labeling Requirements
Any product containing intentionally added PFAS manufactured on or after January 1, 2027 must be labeled with:
- Label must display an Erlenmeyer flask outline with "PFAS" inside
- Font size ≥ largest consumer information font on product
- Must be visible, legible, and conspicuous before purchase
- Required on product and consumer packaging (if packaging obscures product label)
For online/catalog sales, disclosure is required before purchase. For complex durable goods, label can be in consumer-facing product specification sheet and operation and maintenance manual(s). It must be a minimum 10-point font.
Used products, federal-regulated items (e.g. veterinary, medical devices, drugs), and products preempted by federal law (e.g. FIFRA) are exempt from labeling. A waiver may be considered if it can be proven that any of the inaccessible parts that contain PFAS will never be in contact with the consumer.
Testing and Enforcement
- Department may test products with reasonable suspicion of intentional PFAS addition.
- Total Fluorine >100 ppm will be presumed as intentional PFAS addition.
- Manufacturers have 30 days to report test results if they would like to refute the finding.
- If PFAS detected, the manufacturer must submit a full report and notify distributors/retailers.
For more information, see links for full details:
- New Mexico, Title 20 Environmental Protection: Chapter 13 Per- And Poly-Fluoroalkyl Substances in Consumer Products - Part 2 Prohibitions on Products Containing Per- Or Poly-Fluoroalkyl Substances; Currently Unavoidable Use; Reporting; Labeling; Testing; Fees and Penalties
https://prod-rf-lambda.rtssaas.com/PublicFiles/d89c47bd0d70402dba89b03a22bda6d1/1c676907-05da-4d9d-94dd-75232f0d2f4e/20.13.2new.html - New Mexico’s PFAS in Products Law Page including slides, recordings and FAQs
https://www.env.nm.gov/pfas/pfas-protection-act-hb212/
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