The state of New Mexico has become the latest US jurisdiction to regulate per- and polyfluoroalkyl substances (PFAS) in products. Measures will eventually lead to a blanket ban with certain exemptions.
On April 8, 2025, the governor of New Mexico signed HB 212 (Chapter 102), the Per- and Poly-Fluoroalkyl Substances Protection Act (the Act), into law to regulate PFAS in products.
According to the definitions in the Act:
- ‘Juvenile product’ is defined as a product designed or marketed for use by children under 12 years old, including children’s car seats, clothing and toys, but does not include electronic products
- PFAS means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom
Highlights of the Act are summarized in Table 1.
| Item | Substance | Scope | Requirement | Effective date |
|---|---|---|---|---|
| 1 | PFAS |
| Notify the Department of Environment (DOE) if intentionally added | By January 1, 2027 |
| 2 | PFAS |
| Prohibited if intentionally added | January 1, 2027¹ |
| 3 | PFAS |
| Prohibited if intentionally added | January 1, 2028¹ |
| 4 | PFAS |
| Prohibited if requested testing by DOE demonstrates the product contains intentionally added PFAS and the manufacturer (including importer and first domestic distributor) has failed to provide the reporting information in item 1 above | January 1, 2028 |
| 5 | PFAS |
| Prohibited if intentionally added, unless the manufacturer has notified the DOE as described in item 1 above | January 1, 2028 |
| 6 | PFAS |
| Prohibited if intentionally added, unless determined by rule that the use is a currently unavoidable use (CUU) | January 1, 2032 |
| ¹ Additional products containing intentionally added PFAS, other than the listed 16 product categories under exemption, may be prohibited by rule. The effective date must not be less than six months after the adoption of the final rule or earlier than January 1, 2027. | ||||
Table 1
The new law exempts 16 categories of products from the prohibition requirements listed under items 2, 3 and 6 in Table 1. Those items include but are not limited to:
- Medical devices or drugs, and the packaging of the medical devices or drugs, that are regulated by the United States Food and Drug Administration (FDA), including prosthetic and orthotic devices
- A motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard (49 USC, Section 30102(a)(10)), except any textile article or refrigerant that is included in or as a component of these products
- A product that contains fluoropolymers consisting of polymeric substances where the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure
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