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New Mexico’s Environmental Improvement Board finalized a rule (20.13.2 NMAC) regulating intentionally added PFAS in consumer products, effective July 1.
The rule establishes a process for manufacturers to submit currently unavoidable use (CUU) proposals for exemption from state requirements, in addition to reporting, labeling and testing requirements, and fees and penalties. It strengthens the 2025 PFAS Protection Act, which provides a framework for restricting intentionally added PFAS in consumer products in the state.
Product ban timeline
Unless exempted, beginning Jan. 1, 2027, a manufacturer may not sell, offer for sale, distribute or distribute for sale, directly or indirectly through intermediaries, the following products if they contain intentionally added PFAS: cookware, food packaging, dental floss, juvenile products and firefighting foam.
On Jan. 1, 2028, the ban will extend to carpets or rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax and upholstered furniture with intentionally added PFAS.
Effective Jan. 1, 2032, a manufacturer may not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product containing intentionally added PFAS unless the board has adopted a rule providing that the use of PFAS in that product is determined to be CUU or is otherwise exempt.
The board may approve products for exemption from the state’s requirements, such as approving a currently unavoidable use proposal. Exemptions from the rule are provided in Section 20.13.2.10.
CUU proposals
Manufacturers may apply for exemption by submitting a CUU proposal. Proposals for sale prohibitions effective Jan. 1, 2027, are due by Oct. 31. The board will review submitted proposals and notify manufacturers of approval or denial by March 1, 2027.
A list of approved CUUs will be available to the public and posted on the New Mexico Environment Department website.
Section 20.13.2.11 includes requirements for CUU proposals and is available here.
More information
Contact the New Mexico Environment Department at 505-827-2855 or 800-219-6157.
To request a meeting with the department, visit env.nm.gov/request-a-meeting/.
To submit questions or comments about PFAS to the department, visit env.nm.gov/pfas/pfas-feedback-in-nm/.
For more information about PFAS regulations in the U.S., visit Advanced Textiles Association’s PFAS Resource Center at textiles.org/education/pfas-resource-center.