New Mexico Issues Rules for PFAS in Consumer Products

SG 075/26

New Mexico’s Environmental Improvement Board (EIB) publishes permanent rule for the state’s Per- and Poly-Fluoroalkyl Substances Protection Act (PFAS Protection Act).

In 2025, New Mexico signed HB 212 (Chapter 102), the PFAS Protection Act (the Act), into law to regulate PFAS in products. This Act authorizes the Environmental Improvement Board (EIB) to adopt rules for the implementation of the Act (SafeGuardS 58/25).

On May 5, 2026, New Mexico’s EIB published a final rule in the state register to support stakeholders with the implementation of the Act. This final rule is codified as 20.13.2 NMAC under the state’s Administrative Code.

What does this new rule require?

Key sections in the final rule include:

• Definitions
  • Introduces several terms and their definitions, including:
    • ‘Complex durable good’, a manufactured good product that is composed of at least 100 manufactured components, with an intended useful life of at least five years, where the product is not typically consumed, destroyed or discarded after a single use
    • ‘Watercraft’, any contrivance used or designed for navigation on water including but not limited to any boat, barge, motorboat, motor vessel, personal watercraft, rowboat, sailboat, ship, steam vessel, tugboat, vessel and vessel operated by either a permanently or temporarily affixed machinery

• Prohibitions on products containing PFAS
  • Establishes rules for the prohibition of products containing intentionally PFAS
  • Clarifies that manufacturers (including importers and first domestic distributors by statute) are responsible for determining the presence of intentionally added PFAS in their products
  • Starting January 1, 2027, the prohibitions apply to five product categories:
    • Cookware
    • Food packaging
    • Dental floss
    • Juvenile products
    • Firefighting foams
  • Starting January 1, 2028, the prohibitions apply to nine additional product categories:
    • Carpets and rugs
    • Cleaning products
    • Cosmetics
    • Fabric treatments
    • Feminine hygiene products
    • Textiles
    • Textile furnishings
    • Ski waxes
    • Upholster furniture
  • Starting January 1, 2028, the prohibitions apply to products if testing requested by the DoE demonstrates the presence of an intentionally added PFAS and the manufacturer has failed to provide the specified reporting information
  • Starting January 1, 2032, the prohibitions apply to products containing an intentionally added PFAS, unless its use is a currently unavoidable use (CUU) by rule

• Exemptions
  • Exempts several product categories, including but not limited to:
    • Products regulated by federal law that pre-empts state authority
    • Second-hand products
    • Medical devices or drugs, and the packaging of the medical devices or drugs, that are regulated by the United States Food and Drug Administration (FDA), including prosthetic and orthotic devices
    • Cooling, heating, ventilation, air conditioning or refrigeration equipment
    • Veterinary products and their packaging
    • Products for public health, environmental or water quality testing
    • A motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard (49 USC, Section 30102(a)(10)), except any textile article or refrigerant that is included in or as a component of these products
    • Other motor vehicles, including off-highway vehicles or specialty motor vehicles, such as assistive mobility devices
    • Aircraft and watercrafts
    • Semiconductors
    • Non-consumer electronics
    • A product that contains fluoropolymers consisting of polymeric substances where the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure
    • Products for the generation, distribution and storage of electricity
    • Products with a CUU rule

• Currently unavoidable use (CUU)
  • Requires requesters to submit specified information for initial CUU proposals at least 12 months before applicable sales prohibition, including an assessment of the availability of PFAS-alternatives

• Reporting requirement
  • Clarifies that the term ‘manufacturers’ refers to individual entities and groups reporting on behalf of other manufacturers for official reporting
  • Requires manufacturers to notify the Department of Environment (DoE) by January 1, 2027, by providing the reporting information specified in 20.13.2.12 NMAC for products that contain intentionally added PFAS:
    • Product description, including universal product code (UPC), stock keeping unit (SKU) or other numeric code assigned to the product
    • The reason for using PFAS in the product
    • The amount, expressed as a percentage (%) concentration in the product, of each PFAS in the product, identified by its CAS and reported as an exact quantity or falling within the following reporting ranges (documentation verifying the analytical method results must be submitted to the DoE):
      • Less than 100 ppm (0.01%)
      • Equal to or greater than 100 ppm (0.01%), but less than 500 ppm (0.05%)
      • Equal to or greater than 500 ppm (0.05%), but less than 1,000 ppm (0.1%)
      • Equal to or greater than 1,000 ppm (0.1%), but less than 5,000 ppm (0.5%)
      • Equal to or greater than 5,000 ppm (0.5%), but less than 10,000 ppm (1.0%)
      • Equal to or greater than 10,000 ppm (1.0%)
    • Name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer
    • Any additional information requested by the DoE as necessary

• Labeling
  • Requires products with intentionally added PFAS, unless exempt, to display a label in the form of an Erlenmeyer flask with the word ’PFAS’ inside the flask. The text must be as large as the largest font used for other consumer information on the product
  • Mandates complex durable goods with intentionally added PFAS to be labeled according to Part D of 20.13.2.13 NMAC, including an outline of an Erlenmeyer flask with the words ‘PFAS’ inside and at least a 10-point font for legibility
  • Specifies the conditions for a waiver
  • Emphasizes that approved waiver requests will expire three years after approval

• Testing
  • Authorizes the DoE to test or require manufacturers to test their products for intentionally added PFAS where there are reasonable grounds that PFAS-containing products have not fulfilled the reporting or labeling requirements
  • Indicates that the presence of more than 100 ppm fluorine creates a rebuttable presumption that PFAS were intentionally added to the product for this section of the rule (manufacturers must rebut this assumption by demonstrating that PFAS were not intentionally added)

• Reporting fees and schedule
  • Specifies reporting fees for manufacturers of products containing intentionally added PFAS

• CUU designation application fee and schedule
  • Defines reporting fees for manufacturers using a PFAS as a CUU in a product

• Label waiver application fee and schedule
  • Specifies fees for application of a waiver to label products containing intentionally added PFAS

Who is impacted?

The new rule affects stakeholders across the consumer product supply chain, including manufacturers, importers, distributors and retailers operating in New Mexico.

When does it apply?

The latest rule will become effective on July 1, 2026.

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