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
- Firefighting foam
- Effective January 1, 2028:
- Carpets and rugs
- Cleaning products
- Cosmetics
- Textile treatments
- Feminine hygiene products
- Textiles
- Upholstered furniture
- 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 U.S. States
- California: Banned food packaging and children’s products with intentionally added PFAS (≥100 ppm) since 2023.
- New York: Prohibited PFAS in food packaging since December 31, 2022.
- Vermont (S.20): Firefighting foam banned since July 1, 2022; food packaging, carpets, rugs, and ski wax banned since 2023.
- Colorado (HB 22-1345): Phased PFAS bans from 2024–2027; food packaging ban effective January 1, 2024.
- Maryland: 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, firefighting foam.
- 2028: Expanded to carpets, cleaning products, cosmetics, upholstered furniture, etc.
- 2032: Full ban unless exempted.
