New Mexico Lawmaker Calls for Review of PFAS Exemptions

/in , ,

Ahead of the Environmental Improvement Board’s (EIB’s) February 23 rulemaking hearing on regulations to implement New Mexico’s PFAS Protection Act, a New Mexico lawmaker has introduced legislation that could prompt renewed scrutiny of the statute’s product exemptions, including the exemption for fluoropolymers.

Introduced on January 29, 2026, House Joint Memorial 3 (HJM 3) would direct the New Mexico Environment Department (NMED) to develop a report on the implementation of the PFAS Protection Act, including the “efficacy” of rules promulgated by EIB.  NMED would also be required to assess the health, environmental, and economic risks associated with the act’s exemptions and provide recommendations “regarding whether such exemptions, such as the exemption for fluoropolymers, should be continued, modified or removed.”

HJM 3 characterizes the exemptions as having been adopted “based on limited scientific literature regarding chemical degradation, environmental mobility and persistence, potential human health pathways and possible health effects.”  The memorial specifically calls for additional research into “the toxicological profiles, exposure risks and public health implications of fluoropolymers.”

This legislative development comes less than a year before product phaseouts and reporting requirements take effect on January 1, 2027—as well as controversial PFAS labeling requirements proposed by NMED that would apply to nearly all products, including those exempted from prohibition and reporting requirements by the statute.

The PFAS Protection Act provides that EIB “may…adopt rules to carry out” the act’s provisions, “including requiring the labeling of products in English and Spanish.”  HJM 3, however, states that the PFAS Protection Act “requires” PFAS labeling, “including [for] products exempted from the phaseout and prohibition.”  The memorial further asserts that the statute does not exempt “products from other aspects of [EIB’s] authority” beyond phaseout and prohibition.

Revised Labeling Provisions in NMED’s Proposed Rule

Labeling remains a central component of NMED’s proposed rule to implement the PFAS Protection Act.  NMED petitioned the EIB to adopt the rule in October 2025, and the proposal is the subject of the February hearing.

On January 16, 2026, in response to comments, NMED released a revised proposal with several notable changes to the labeling requirements.

First, the revised proposal would exempt the following products from labeling requirements:

  • Products for which labeling requirements are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
  • Veterinary products and the packaging of veterinary products regulated by FDA, and
  • Medical devices, drugs, and the packaging of medical devices and drugs regulated by FDA.

Each of these product categories falls within exemptions included in the PFAS Protection Act.  However, the revised proposal does not extend labeling exemptions to other product categories that are exempt from prohibition or reporting requirements under the statute.

Second, the revised proposal eliminates the requirement that labels use “words and symbols approved by the department.”  Instead, the proposal would permit the following statements: “This product is made with PFAS,” “Made with PFAS,” or “Contains PFAS.”

NMED previously released draft labels containing health and environmental statements about PFAS.  While those labels may no longer be required, the proposal would still require product packaging to include a link to a New Mexico PFAS webpage, which currently makes health and environmental statements about PFAS as a class.

Third, the revised proposal adjusts the scope of the January 1, 2027, labeling effective date, allowing the continued sale and distribution of unlabeled products manufactured before that date.

Finally, the revised proposal clarifies the process for seeking waivers from labeling obligations and establishes associated fees.  The prerequisites for obtaining a waiver remain unchanged: for NMED to grant a waiver request, a product must be exempt from prohibition or reporting requirements and “none of the product’s material containing intentionally added [PFAS] will ever come into direct contact with a customer while the product is being used as intended during the useful life of the product.”

The EIB docket for the rulemaking can be found here.