On 5 May 2026 New Mexico Environmental Improvement Board (EIB) published final regulations under 20.13.2 NMAC establishing comprehensive controls on products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The rule, effective from 1 July 2026, implements the state’s PFAS Protection Act and applies to manufacturers, distributors, and retailers selling covered products in New Mexico. It introduces phased prohibitions on PFAS-containing products, beginning on 1 January 2027 for cookware, food packaging, dental floss, juvenile products, and firefighting foam, followed by additional restrictions from 1 January 2028 covering carpets, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, ski wax, and upholstered furniture. By 2032, most non-exempt products containing intentionally added PFAS will be prohibited unless granted a “currently unavoidable use” designation. The regulation also establishes mandatory reporting, testing, labeling, and recordkeeping requirements for manufacturers. Products containing intentionally added PFAS must display a standardized PFAS label, while manufacturers must submit detailed PFAS concentration and use information to the state. The framework further introduces application fees, reporting fees, enforcement mechanisms, civil penalties, and exemption provisions for certain federally regulated products and essential-use categories. (lawbc.com)
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