New Mexico Issues Final Rules for PFAS in Consumer Products

On May 5, 2026, New Mexico’s Environmental Improvement Board (EIB) published the final rules, codified as 20.13.2 NMAC) under the Per- and Poly- Fluoroalkyl Substances (PFAS) Protection Act to establish the rules for:

• The prohibition of certain products that contain intentionally added PFAS
• The reporting of information and testing of products placed on the New Mexico market that contain PFAS
• Establishing fees for mandatory reporting and applications for currently; and unavoidable use designations

The regulation introduces phased prohibitions on products containing intentionally added PFAS:

Effective January 1, 2027

• Cookware
• Food packaging
• Dental floss
• Juvenile products
• Firefighting foam

Effective January 1, 2028

• Carpets and rugs
• Cleaning products
• Cosmetics
• Fabric treatments
• Feminine hygiene products
• Textiles
• Textile furnishings
• Ski wax
• Upholstered furniture

Beginning January 1, 2028, manufacturers of products containing intentionally added PFAS must also submit information to the department as specified in Section 20.13.2.14 NMAC.

Beginning January 1, 2032, all products containing intentionally added PFAS are prohibited unless an exemption or currently unavoidable use designation applies.

The rule also establishes labeling requirements. After January 1, 2027, manufacturers of products containing intentionally added PFAS must do one of the following:

• Label the product in accordance with standards set forth in this rule
• Document information in accordance with this rule

These labeling requirements shall not apply to used products for sale or resale, products with labeling requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), veterinary products, medical devices, drugs or medical device packaging.

Official source