New Mexico to Hold Hearing on PFAS in Products Rulemaking

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Beginning February 23, 2026, at 9am MT, the New Mexico Environmental Improvement Board (EIB) will hold a hybrid public hearing to consider the adoption of a proposed rule to implement the state’s PFAS in products law.  EIB is currently accepting public comments in advance of the hearing.

A previous post addressed the proposal’s novel PFAS labeling requirements, which would apply to all products with intentionally added PFAS beginning January 1, 2027.  In addition to labeling, the proposed rule implements statutory product prohibitions, establishes manufacturer reporting obligations, and outlines the process for manufacturers to obtain “currently unavoidable use” (CUU) designations from the New Mexico Environment Department (NMED).

Much of the proposed rule closely tracks the underlying statute, HB 212.  However, the statute merely authorized—rather than required—labeling requirements, and left the CUU framework unspecified.  The proposed rule fills in those gaps.

Product Bans

The proposed rule implements HB 212’s phased-in product bans.  Beginning January 1, 2027, New Mexico will prohibit the sale of the following products with intentionally added PFAS:

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

On January 1, 2028, the prohibition will expand to include:

  • Carpets or rugs
  • Fabric treatments
  • Feminine hygiene products
  • Textiles
  • Textile furnishings
  • Ski wax
  • Upholstered furniture

Finally, beginning in 2032, the prohibition will apply to all products except:

  • Products exempt from regulation under HB 212 (such as used products, medical devices, and veterinary products); and
  • Uses that EIB designates as CUUs.

Although HB 212 authorizes the EIB to add additional product categories to the 2027 and 2028 bans, the proposed rule limits prohibitions to those required by the statute.

Manufacturer Reporting Requirements

On or before January 1, 2027, HB 212 requires manufacturers that sell products containing intentionally added PFAS to submit the following information to NMED:

  • A brief description of the product;
  • The purpose of the PFAS in the product;
  • The amount of each PFAS in the product by exact quantity or concentration range;
  • Manufacturer and contact information; and
  • Any other information requested by NMED.

Manufacturers must update their submissions within 30 days of a significant change.  The proposed rule defines “significant change” as the intentional addition of a new PFAS, a 10% or greater increase in the concentration of PFAS, or a change in responsible official or contact information.

The proposed rule sets a fee of $2,500 for the initial report and $1,000 for each subsequent significant change report, with fees adjusted for inflation.  It also establishes procedures for requesting reporting deadline extensions or waivers where substantially equivalent information is already publicly available.

Under HB 212, reporting obligations do not apply to products that are statutorily exempt or that have received a CUU designation.

Currently Unavailable Uses (CUUs)

To avoid prohibition of a product containing intentionally added PFAS, the proposed rule would allow a manufacturer—or a group of manufacturers—to submit a proposal to NMED requesting a CUU designation.  A separate proposal would be required for each individual combination of product category and associated industrial sector.

CUU proposals would generally be due at least 12 months before the effective date of the applicable sales prohibition.  For products subject to the January 1, 2027 prohibition, however, CUU proposals submitted by October 31, 2026 would be deemed approved pending NMED review.

The proposed rule would require that CUU proposals include:

  • Identification of the specific PFAS intentionally added to the product;
  • A brief description of the product;
  • An explanation of why the PFAS use “is essential for health, safety or the functioning of society”;
  • A description of how the PFAS is essential to the product’s function;
  • A description of whether alternatives for the specific use of PFAS are available;
  • A list of applicable federal and state regulations governing the product due to its intentional use of PFAS, including any sales prohibitions;
  • If the product is prohibited or lacks a CUU determination in another jurisdiction, a list of comparable products that remain on the market in that jurisdiction;
  • Where similar products are available despite a comparable prohibition, a justification for why those products are not reasonably available alternatives or documentation demonstrating that they would not perform as intended in New Mexico;
  • Contact information; and
  • Any known or reasonably ascertainable information regarding the human health or environmental impacts of PFAS in the product.

Most of these categories include additional, detailed information requests.  For example, when identifying comparable regulatory programs in other jurisdictions, submitters must specify whether the prohibition is absolute or includes a CUU-like process and, if so, whether the submitter has applied under that program and the status of the application.

CUU designations would expire three years after approval unless a manufacturer submits a new CUU proposal.  The proposed rule establishes a $5,000 fee for an initial CUU application and a $2,500 fee for renewals, with fees adjusted for inflation.

For CUU proposals related to the 2027 prohibitions, NMED would issue final determinations by March 1, 2027.  A list of approved CUUs would be made available on NMED’s website.

Testing and Enforcement

HB 212 authorizes NMED to require manufacturers to test products if the department has reason to believe that a product contains intentionally added PFAS.  The proposed rule sets a threshold for PFAS of 100 parts per million (ppm).  If test results exceed that threshold, the manufacturer would be required to submit an initial report and, if the product is prohibited, notify distributors and retailers.

Manufacturers that violate HB 212 or its implementing regulations may be subject to civil penalties of up to $15,000.  NMED may also assess administrative costs incurred in enforcing the statute and rules for each day a violation occurs.

More information about HB 212, also known as the PFAS Protection Act, is available on NMED’s website.