Requirements by product
| Product | Requirement | Effective | Status | Source |
|---|---|---|---|---|
| Food packagingBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, food packaging containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2027 | Scheduled | HB 212 (2025), Section 3(B) |
| CookwareBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, cookware (durable houseware items intended for direct food contact) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2027 | Scheduled | HB 212 (2025), Section 3(B) |
| CosmeticsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, cosmetics (soap excluded) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Children's productsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, juvenile products (products designed or marketed for children under 12, including car seats, clothing, and toys; electronic products excluded) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2027 | Scheduled | HB 212 (2025), Section 3(B) |
| Apparel and textilesBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, textiles (items made in whole or in part from natural or synthetic fiber, yarn, or fabric, including leather, cotton, silk, wool, nylon, or polyester) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Textile furnishingsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, textile furnishings containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Carpets and rugsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, carpets or rugs containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Fabric treatmentsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, fabric treatments (for stain, grease, or water resistance or flame retardance) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Upholstered furnitureBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, upholstered furniture containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Cleaning productsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, cleaning products (including polish or floor maintenance, air care, and automotive maintenance products; automotive paint excluded) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Dental flossBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, dental floss containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2027 | Scheduled | HB 212 (2025), Section 3(B) |
| Menstrual productsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, feminine hygiene products (tampons, pads, sponges, menstruation underwear, discs, applicators, and menstrual cups) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Ski waxBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, ski wax, including associated tuning products containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). | January 1, 2028 | Scheduled | HB 212 (2025), Section 3(C) |
| Firefighting foamBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico, directly or through intermediaries, firefighting foam (aqueous film-forming foam containing intentionally added PFAS) containing intentionally added PFAS.Section 3(A) exemptions apply, including products containing solid fluoropolymers (Section 3(A)(16)). The Act also directs the EIB to require periodic foam inventories, emergency-only use (training and fire suppression systems do not count as emergencies), and cleanup of discarded foam. | January 1, 2027 | Scheduled | HB 212 (2025), Section 3(B) |
| Firefighting foamUse limit | AFFF with intentionally added PFAS may be used in New Mexico only for emergencies, such as fuel spill or aircraft fires. Training, testing and fire suppression systems do not count as emergencies.Separate amendments to 20.4.1 NMAC list spent and unused AFFF containing PFAS as hazardous waste from December 1, 2026. | August 1, 2026 | In force | 20.13.3.6, 20.13.3.7 NMAC |
| Firefighting foamReporting | Facilities that obtain, make, store or use AFFF with intentionally added PFAS must give NMED an annual inventory by May 1 covering the prior calendar year, and notify NMED within 24 hours of changes from use, spills, disposal or transfer. | August 1, 2026 | Applies | 20.13.3.9 NMAC |
| Firefighting foamLabeling | Containers storing AFFF with intentionally added PFAS must be labeled 'For Emergency Use Only. Contains PFAS' with the accumulation start date and a hazard pictogram, and records must be kept for three years. | August 1, 2026 | Applies | 20.13.3.10, 20.13.3.11 NMAC |
| All productsBan | Manufacturers may not sell, offer for sale, or distribute in New Mexico any product containing intentionally added PFAS unless the EIB has adopted a rule finding that use to be a currently unavoidable use.The EIB may also ban other consumer product categories by rule, effective no earlier than January 1, 2027 and at least six months after adoption (Section 3(D)). | January 1, 2032 | Scheduled | HB 212 (2025), Section 3(E) |
| ReportingBan | Manufacturers may not sell or distribute a product containing intentionally added PFAS in New Mexico unless they have submitted the required information, or if NMED-requested testing shows intentionally added PFAS and the information was not provided. | January 1, 2028 | Scheduled | HB 212 (2025), Section 5(C), (D) |
| ReportingReporting | Manufacturers of products sold or distributed in New Mexico that contain intentionally added PFAS must submit to NMED a product description with UPC or SKU, the purpose of each PFAS, the amount of each PFAS by CAS number, and contact details.Revisions due within 30 days of a significant change. NMED may accept category reporting, waive reporting where equivalent information is public, extend deadlines, and use a shared multistate system. Exempt products under Section 3(A) are not reported. | January 1, 2027 | Starts | HB 212 (2025), Section 5(A), (B) |
| ReportingReporting | Manufacturers must report each product or component with intentionally added PFAS to NMED through the New Mexico PFAS Reporting System, including concentration of each PFAS and supporting analytical documentation, and pay a $2,500 initial reporting fee.Subsequent reports after a significant change cost $1,000; fees adjust by CPI-U from 2028. Waiver or extension requests must be filed at least 30 days before the due date (by December 2, 2026 per NMED); an approved extension adds 90 days. Trade associations and supply chain partners may report under documented agreements. Late fee: $1,000 billing charge plus 1 percent per month. | January 1, 2027 | Starts | 20.13.2.12, 20.13.2.16, 20.13.2.22 NMAC |
| LabelingLabeling | After January 1, 2027, manufacturers may not manufacture for sale or distribution a product containing intentionally added PFAS unless it bears New Mexico's PFAS label (outline of an Erlenmeyer flask with 'PFAS' inside), visible before sale, on the product and on any consumer packaging that hides it, with an equivalent disclosure for online and catalog sales.On September 16, 2026 the federal district court in New Mexico preliminarily enjoined enforcement of this labeling requirement while the case proceeds (American Chemistry Council v. Kenney, No. 1:26-cv-02130, ECF No. 46). The order does not reach the bans, the January 1, 2027 reporting duty or the unavoidable use process. On September 25, in a reply supporting its motion to dismiss, the state asked the court to reconsider the injunction's reasoning and suggested it could dissolve the injunction. Complex durable goods (100 or more components, useful life of five years or more) would put the label on specification sheets and manuals. | January 1, 2027 | Enjoined | 20.13.2.13, 20.13.2.20 NMAC |
The laws
New Mexico
Per- and Poly-Fluoroalkyl Substances Protection Act
- Citation
- NMSA 1978, 74-15-1 et seq.
- Enacted by
- HB 212 (2025), Laws 2025, ch. 102
- Enacted or adopted
- April 8, 2025
- Status
- Enacted, not yet in effect
- Source
- https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0212.pdf
How it defines PFAS
a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom
Intentionally added
a per- or poly-fluoroalkyl substance deliberately added or used during the manufacture of a product where the continued presence, at any level or concentration, of the per- or poly-fluoroalkyl substance is desired or expected in the final product or one of the product's components
Exemptions
- Products where federal law governs PFAS presence in a manner that preempts state authority.
- Used products offered for sale or resale.
- FDA-regulated medical devices and drugs and their packaging, including prosthetic and orthotic devices.
- Cooling, heating, ventilation, air conditioning, or refrigeration equipment using refrigerants listed as acceptable under EPA's SNAP program, and other SNAP-listed ozone-depleting-substance substitutes.
- Veterinary products and their packaging regulated by FDA, USDA, or EPA (except EPA-approved products for aerial and land application).
- Products for public health, environmental, or water quality testing.
- Motor vehicles and equipment under federal safety standards (not their textile articles or refrigerants), other motor vehicles such as off-highway vehicles and farm equipment, watercraft, and aircraft.
- Semiconductors and materials used to make them; non-consumer electronics and laboratory equipment; products used to generate, distribute, or store electricity; equipment used to make exempt products.
- Products designated a currently unavoidable use by EIB rule.
- Products containing fluoropolymers with a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that are solid at standard temperature and pressure.
- FIFRA-regulated pesticides are outside Subsections B to E; NMED must consult the Department of Agriculture before seeking rules on pesticides, fertilizers, liming materials, or plant or soil amendments.
Unavoidable use and waivers. The EIB designates currently unavoidable uses by rule: uses essential for health, safety, or the functioning of society for which alternatives are not reasonably available. It may rely on other states' determinations (Section 4(B)(2)). Process and fees are in 20.13.2.11 and 20.13.2.18 NMAC.
Penalties. Civil penalty up to $15,000 per violation, plus NMED administrative costs for each day of violation; up to $25,000 per day, by court order, for failing to comply with an administrative order. NMED enforces, represented by the Attorney General or the department; penalties go to the recycling and illegal dumping fund.
New Mexico
PFAS in consumer products rule (prohibitions, CUU, reporting, labeling, fees)
- Citation
- 20.13.2 NMAC
- Enacted by
- Environmental Improvement Board rulemaking on NMED petition filed October 8, 2025; published in the New Mexico Register May 5, 2026
- Status
- Partly in force
- Source
- https://www.env.nm.gov/opf/wp-content/uploads/sites/13/2026/04/EXHIBIT-A-20.13.2-NMAC-FINAL.pdf
Exemptions
- 20.13.2.10 NMAC lists exemptions from the CUU, reporting, and testing sections (not fully reviewed here; the Act's Section 3(A) exemptions apply).
- Labeling exemptions: used products, FIFRA-preempted pesticide labeling, veterinary products, and FDA-regulated medical devices and drugs.
Unavoidable use and waivers. CUU proposals are filed through NMED's portal, one per product category and NAICS sector, between 60 and 12 months before the applicable ban. For the January 1, 2027 bans, complete proposals received by October 31, 2026 are treated as approved pending review, with NMED decisions by March 1, 2027. Fees: $5,000 initial application; $2,500 for a new CUU determination.
Penalties. NMED may issue compliance orders or sue; civil penalty up to $15,000 per violation plus administrative costs, up to $25,000 per day for failing to meet a compliance order, and recovery of the economic benefit of noncompliance.
New Mexico
AFFF inventory, labeling and emergency-only use rule
- Citation
- 20.13.3 NMAC
- Enacted by
- Environmental Improvement Board, EIB No. 25-81(R); published in the New Mexico Register June 23, 2026
- Enacted or adopted
- June 8, 2026
- Status
- In force
- Source
- https://www.env.nm.gov/opf/wp-content/uploads/sites/13/2026/06/Exhibit-A.pdf
Bills and pending action
- HJM 3 (2026): Per- and Polyfluoroalkyl Substances Report (joint memorial)
Passed both chambers in February 2026 (memorial, no governor action needed). NMED updated the Radioactive and Hazardous Materials Committee on November 5, 2026: NMED and the Department of Health are reviewing the scientific literature on the risks of the Act's exemptions, recommendations are still being developed, and the EIB and NMED reports are due August 1, 2027. NMED's comment portal on the exemptions report is open through December 31, 2026. (November 5, 2026)
Asks the EIB to report on implementation and the efficacy of its rules, and NMED to report on the health, environmental, and economic risks of the Act's exemptions, including fluoropolymers, with preliminary findings to interim committees by December 1, 2026 and a final report by August 1, 2027. Not binding law. Source
Timeline
- March 14, 2025 Update
House passed HB 212 on its final vote. Source - March 20, 2025 Update
Senate passed HB 212 on its final vote. Source - April 8, 2025 Enacted
Governor signed HB 212, the Per- and Poly-Fluoroalkyl Substances Protection Act. Source - October 8, 2025 Rule
NMED filed proposed implementing rules with the Environmental Improvement Board. Source - February 13, 2026 Update
House passed HJM 3 requesting reports on the Act and its exemptions. Source - February 18, 2026 Update
Senate passed HJM 3. Source - May 5, 2026 Rule
Final rule 20.13.2 NMAC published in the New Mexico Register. Source - July 1, 2026 Rule
20.13.2 NMAC took effect and NMED opened registration for its PFAS reporting system. Source - August 1, 2026 Took effect
AFFF rule 20.13.3 NMAC took effect: emergency-only use, annual inventories and container labels. Source - September 16, 2026 Court
Federal court preliminarily enjoined enforcement of the rule's PFAS labeling requirement while the case proceeds; the bans and reporting are unaffected. Source - September 25, 2026 Court
In a reply supporting its motion to dismiss, the state asked the federal court to reconsider the labeling injunction's reasoning and suggested dissolving it. Source - October 16, 2026 Court
New Mexico appealed the labeling injunction to the Tenth Circuit. The injunction remains in place while the appeal proceeds; the bans and reporting are unaffected. Source - October 20, 2026 Court
The state's appeal of the labeling injunction was docketed in the Tenth Circuit as No. 26-2184. No briefing schedule had been set by October 26. Source - October 20, 2026 Update
NMED reopened the public comment portal for its HJM 3 report on the PFAS Protection Act's exemptions, including fluoropolymers, through December 31, 2026. Preliminary findings go to an interim legislative committee on November 5. Source - November 5, 2026 Update
NMED updated the legislature's Radioactive and Hazardous Materials Committee on its HJM 3 review of the PFAS Protection Act's exemptions. It reported no findings yet; final reports are due August 1, 2027. Its slides list goals for the 2027 session: reporting for exempt products, a faster phase-out, an end date for exemptions and explicit authority to collect fees. Source