New Mexico has published a draft rule for their “Per- & Poly-fluorinated Protection Act” (HB0212) that became law in April 2025. The proposal is related to reporting, labeling, and testing of in scope products.
• The draft rule outlines:
o Product ban dates for each covered product type starting January 1, 2027 without sell through provisions (see BV’s bulletin for details https://www.cps.bureauveritas.com/newsroom/new-mexico-signs-pfas-products-law)
• A process for currently unavoidable use (CUU) determinations will be created in a future rule.
o Reporting of information for any product or component containing intentionally added PFAS which is not covered under a ban or exemption. Reporting will be required by January 1, 2027 for any product sold or distributed on or after that date. If no report is filed, the product will not be allowed to be sold after January 1, 2028.
• Products that are banned or exempted including those with a CUU designation would not require reporting.
o Labeling requirements for all products containing intentionally added PFAS
• The web address or QR code to the NMED website is required on the product, packaging, online sales page or in the sales catalog.
• Required label wording and graphics will be provided and need to be in both English and Spanish.
• Examples of draft labeling and graphics, as well as label placement, have been included.
• Potential exemptions may be allowed for products exempt from reporting and where the manufacturer can show that the consumer will not have direct contact with intentionally added PFAS while using the product as intended.
• A public hearing is expected to be held in February/March 2026 and a 60-day comment period will be announced prior to the hearing date.
For more information, see links for full details:
• New Mexico, Title 20, Chapter 13, Part 2, Environmental Protection Per- and Poly-Fluoroalkyl Substances in Consumer Products Prohibitions on Products Containing Per- and Poly-Fluoroalkyl Substances; Currently Unavoidable Use; Reporting; Labeling; Testing; Fees and Penalties
https://www.env.nm.gov/wp-content/uploads/2025/10/2025-10-06-PFAS-Protection-Act-Proposed-Rules.pdff
• 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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25B-107
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