Revised Proposed Rule on PFAS in Consumer Products

New Mexico finalised its rule implementing the PFAS Protection Act (HB 212) following public hearings in February and March 2026. The rule takes effect on July 1, 2026 and applies to manufacturers, distributors, and retailers selling products with intentionally added PFAS in New Mexico. It introduces phased prohibitions across consumer product categories, beginning with cookware, food packaging, and juvenile products in 2027, expanding to carpets, cosmetics, and textiles in 2028, and culminating in a near-complete ban on PFAS in consumer products by 2032. Products that have no technically feasible alternative may qualify for a "Currently Unavoidable Use" designation, which must be applied for no later than 12 months before the relevant prohibition deadline. From 2027, products containing intentionally added PFAS must carry a standardised PFAS label, a flask symbol with the word "PFAS", clearly visible prior to sale, including for online transactions. Manufacturers are also required to submit reports to the New Mexico Environment Department by January 1, 2027, identifying each PFAS substance present and its concentration. Exemptions apply to medical devices, FDA-regulated drugs, veterinary products, motor vehicles, aircraft, and pesticides regulated under FIFRA, among others.
Source: NMED Final Proposed Rule 20.13.2 NMAC, March 2026 | IAEG WG9 Newsletter, February 2026