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USA: New Mexico enacts new PFAS product rules

APRIL 2025 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

United States New Mexico Governor has signed House Bill (HB) 212¹ on 8 April 2025, which aims to protect our health and environment by banning products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The bill would ban intentionally added PFAS in certain categories of consumer products in 2027 and 2028 and the ban would be extended to all products starting in 2032. In addition, it requires manufacturers of any products containing intentionally added PFAS to report to New Mexico, the department of environment (the department). 

New Mexico would be the third US State following Maine² and Minnesota³ to ban all products containing intentionally added PFAS. However, there are some differences among these State laws. For example, the New Mexico Bill exempts fluoropolymers but the others do not. 

Here are the key requirements of the HB 212:

A) Product Ban:

B) Reporting obligation
Manufacturers of products that contain intentionally added PFAS must submit detailed information to the department on or before 1 January 2027. These information include:

• A brief description of the product;
• The purpose of PFAS used in the product;
• The amount of each PFAS chemical in the product; 
• Manufacturer contact information; 
• Any additional information requested by the department as necessary.

Starting 1 January 2028, a manufacturer cannot sell a product containing intentionally added PFAS in New Mexico unless they have already provided the department with the required information about the product's PFAS content. Please note some categories of products would have been banned even if the manufacturer does provide the information.

C) Required product testing
The bill gives the department the power to require manufacturers to test products for intentionally added PFAS. If the department suspects a product contains PFAS, they can order the manufacturer to provide testing results within 30 days. 

• If testing shows the product does not contain intentionally added PFAS, the manufacturer must provide a certificate of compliance, the test results and any relevant information to the department;
• If testing shows the product does contain intentionally added PFAS, the manufacturer must provide the required information to the department and notify those selling the product in New Mexico that it is prohibited.

D) Highlights of exemption

• A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
• Used products offered for sale or resale;
• Drugs and medical devices along with the packaging for these items;
• Certain heating, ventilation, and air conditioning (HVAC) and refrigeration equipment;
• Veterinary products and their packaging;
• Products developed or manufactured for public health or water quality testing;
• Certain motor vehicles, watercraft, and aircraft;
• Semiconductors;
• Non-consumer electronics and non-consumer laboratory equipment;
• Products containing intentionally added PFAS, where that PFAS is being used as a substitute for ozone-depleting substances under specified federal rules;
• Products used for the generation, distribution, or storage of electricity;
• Equipment directly used in the manufacture or development of the products described above;
• A product for which the environmental improvement board (EIB) has adopted a rule providing that the use of PFAS in that product is a currently unavoidable use; and
• A product containing fluoropolymers consisting of polymeric substances with specified backbones.
  

[1] New Mexico HB 212

[2] Maine PFAS legislation summary page

[3] Minnesota PFAS legislation summary page

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