New Mexico Proposed Disclosure Rules for Complex Durable Goods Under Protection Act

New Mexico's Environment Department (NMED) has released proposed rules to implement the PFAS Protection Act (HB 212), introducing significant disclosure requirements for manufacturers of "complex durable goods."

New labeling and disclosure obligations
The proposed rules mandate that the operation and maintenance (O&M) manual for complex durable goods must include a formal statement indicating the presence of intentionally added PFAS. This disclosure must use department-approved wording and symbols, followed by a complete list of all component parts containing intentionally added PFAS. Critically, the regulation requires "sufficient detail" regarding the location of these components within the product, ensuring they can be "readily located" by end-users or waste handlers.

Key definitions and scope
The proposal defines a "complex durable good" as a manufactured good composed of 100 or more manufactured components with an intended useful life of five or more years, where the product is typically not consumed or discarded after a single use. Stakeholders have noted the importance of this precise definition to prevent the regulation from capturing out-of-scope products.
Concerns have been raised regarding the practical application of exemptions. The current draft suggests a rigorous "part-by-part" submission process for exemptions rather than broader categorical approvals, which could create significant administrative burdens for complex equipment manufacturers.

Implementation timeline
The public comment period for these proposed rules remains open until March 31, 2026. While a final rule is expected within six months of the comment period closing, the tentative effective date is currently targeted for July 1, 2026, though this timeline remains subject to change.
Further details on the proposed rule are available in the  New Mexico Environment Department - PFAS Protection Act Rules