New Mexico State Enacts Comprehensive PFAS Restrictions

In April 2025, New Mexico passed the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act to strengthen regulation of PFAS chemicals, safeguarding human health and the environment. Below are the key provisions of the legislation.

1. Definition of PFAS

• A class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

2. Prohibited Products

• Effective January 1, 2027:
• Cookware;
• Food packaging;
• Dental floss;
• Children’s products; and
• Firefighting foam
• Effective January 1, 2028:
• Carpets and rugs;
• Cleaning products;
• Cosmetics;
• Textile treatments;
• Feminine hygiene products;
• Textiles;
• Upholstered furniture; and
• Ski wax.
• Effective January 1, 2032:
• All PFAS-containing products, unless designated as “currently unavoidable uses.”

3. Exemptions

• Products regulated by federal law (e.g., medical devices, pharmaceuticals, specific refrigeration equipment).
• Products for public health, environmental, or water quality testing.
• Certain electronics, semiconductors, and agricultural equipment.
• Products deemed “currently unavoidable uses” by the Environmental Improvement Board.

4. Reporting Requirements

Manufacturers must submit the following to the New Mexico Environment Department:

• Product descriptions (e.g., UPC codes, SKUs).
• Purpose of PFAS use.
• PFAS content (identified by CAS numbers).
• Manufacturer contact details.
• Reports due by January 1, 2027, with updates within 30 days of significant changes.

5. Testing Requirements

• If PFAS presence is suspected, the state may request manufacturers to submit test results within 30 days.
• If PFAS is absent, a compliance certificate must be provided.
• If PFAS is detected, manufacturers must submit data and notify retailers of the prohibition.

6. Enforcement & Penalties

• Manufacturers who violate the Act or relevant regulations may be subject to civil penalties of up to $15,000, with administrative fees accruing for each day of continued violation.
• Court-imposed penalties of up to $25,000 per day for failure to comply with orders.
• Fines will fund the Recycling and Illegal Dumping Fund.

PFAS Restrictions Across US States

• California: Food packaging and children’s products with intentionally added PFAS (≥100 ppm) have been banned since 2023.
• New York: PFAS in food packaging has been prohibited since December 31, 2022.
• Vermont (S.20): Firefighting foam has been banned since July 1, 2022; food packaging, carpets, rugs, and ski wax have been banned since 2023.
• Colorado (HB 22-1345): Phased PFAS bans from 2024–2027; food packaging ban effective January 1, 2024.
• Maryland: A Statewide ban on intentionally added PFAS in products since 2024.
• Minnesota (HF 2310): PFAS prohibited in food packaging by 2025.
• Maine:
• 2023: Banned carpets, fabric treatments.
• 2026: Cleaning products, cookware, cosmetics.
• 2029: Artificial turf, outdoor apparel (exceptions require labeling).
• 2032: All products (exceptions for “unavoidable uses”).
• Connecticut: Comprehensive ban on 12 PFAS-containing product categories (e.g., apparel, cosmetics, textiles) by 2028.
• New Mexico:
• 2027: Cookware, food packaging, dental floss, children’s products, and firefighting foam.
• 2028: Expanded to carpets, cleaning products, cosmetics, upholstered furniture.
• 2032: Full ban unless exempted.

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