In April 2025, New Mexico passed the Per- and Poly-Fluoroalkyl Substances Protection Act, aimed at strengthening the regulation of per- and poly-fluoroalkyl substances (PFAS) to protect human health and the environment.

Here are the key components of the legislation:

1. Definition of PFAS

A class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

2. Prohibited Products

From January 1, 2027, the sale of the following products containing PFAS is prohibited:

• Cookware;
• Food packaging;
• Dental floss;
• Children’s products; and
• Firefighting foam

From January 1, 2028, the sale of the following products containing PFAS is prohibited:

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

From January 1, 2032, the sale of any products containing PFAS is prohibited unless deemed as "currently unavoidable uses."

3. Exemptions

• Products regulated by federal law (e.g., medical devices, pharmaceuticals, certain refrigeration equipment);
• Products used for public health, environmental, or water quality testing;
• Certain electronics, semiconductors, and agricultural equipment; and
• Products determined by the Environmental Improvement Board as "currently unavoidable uses."

4. Reporting Requirements

Manufacturers must submit information on products containing PFAS to the New Mexico Environment Department, including:

• Product description (e.g., UPC code, SKU);
• Purpose of PFAS use;
• Specific content of PFAS (identified by CAS number); and
• Manufacturer's contact information.

Information must be submitted by January 1, 2027, with significant changes reported within 30 days.

5. Testing Requirements

If the Environment Department suspects a product contains PFAS, it may require the manufacturer to provide test results within 30 days.

If test results show the product does not contain PFAS, the manufacturer must submit a compliance certificate.

If test results indicate the presence of PFAS, the manufacturer must submit relevant information and notify retailers that the product is prohibited in the state.

6. Enforcement and Penalties

Manufacturers violating the act or related regulations may face civil penalties up to $15,000, with daily administrative fees for ongoing violations.

Manufacturers failing to comply with administrative orders may be fined up to $25,000 per day by the court.

Penalty revenues will be deposited into the Recycling and Illegal Dumping Fund.

Summary of PFAS Restrictions in Various U.S. Regions:

• California - Bans on sales or distribution of food packaging and children's products containing intentionally added PFAS starting January 1, 2023.
• New York - Prohibition on manufacturing, selling, or distributing food packaging with intentionally added PFAS starting December 31, 2022.
• Vermont (S.20) - Sale of Class B firefighting foam with intentionally added PFAS prohibited starting July 1, 2022; extends to food packaging, residential carpets, rugs, and ski wax starting July 1, 2023.
• Colorado (HB 22-1345) - Gradual phase-out of certain products with intentionally added PFAS from 2024 to 2027, with a ban on PFAS in food packaging effective January 1, 2024.
• Maryland - Ban on any sale of products containing intentionally added PFAS starting January 1, 2024.
• Minnesota (HF 2310) - Prohibition on manufacturing, selling, or distributing food packaging with intentionally added PFAS starting January 1, 2025.
• Maine - Bans on sale of carpets, fabric treatments starting 2023; extends to cleaning products, cookware, cosmetics in 2026; and artificial turf and outdoor clothing under wet conditions in 2029, with a full ban on any products with intentionally added PFAS by 2032, unless deemed currently unavoidable.
• Connecticut - From January 1, 2028, production, sale, or distribution of all products with intentionally added PFAS is prohibited, including apparel, carpets, cleaning products, cookware, cosmetics, dental floss, fabric treatments, children's products, menstrual products, textile furniture, ski wax, and upholstered furniture.
• New Mexico - Starting in 2027, bans on sales of cookware, food packaging, dental floss, children's products, and firefighting foam; expands in 2028 to include carpets, cleaning products, cosmetics, textile treatments, feminine hygiene products, upholstered furniture, and ski wax; complete prohibition of all products containing PFAS by 2032.

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