On May 5, 2026, U.S. New Mexico Environmental Improvement Board (NMEIB) published a final rule codified as 20.13.2 NMAC in the state register to implement Per- and Poly-Fluoroalkyl Substances Protection Act (HB 212).

The final rule includes prohibitions for certain consumer products in 2027, 2028 and 2032, reporting due January 1, 2027 and a labeling requirement for products manufactured after January 1, 2027. The final rule will be effective July 1, 2026.

Prohibitions

The following products containing intentionally added PFAS shall not be sold, offered for sale, distributed, or distributed for sale in New Mexico by manufacture, directly or indirectly or through intermediaries, after the relevant effective date:

Reporting

On or before 1 January 2027, the manufacturers of a product sold, offered for sale, distributed, or distributed for sale in New Mexico, directly or indirectly or through intermediaries, that contain an intentionally added PFAS shall submit to the Department of Environment the information that include:

• A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product 
• The purpose for which PFAS are used in the product
• The amount of each PFAS in the product
• The name, address, and phone number of the manufacturer (and the contact person)
• Any additional information requested.

Following products are exempt from prohibition and reporting requirements:

1.  A product for which federal law governs the presence of a PFAS in the product in a manner that preempts state authority;
2. Used product for sale or resale; 
3. Medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States Food and Drug Administration, including prosthetic and orthotic devices;
4. Cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added PFAS or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable to narrowed use limits by the United States environmental protection agency pursuant to the significant new alternatives policy program, Subpart G of 40 CFR Part 82, and sold, offered for sale, distributed or distributed for sale for the use for which the refrigerant is listed pursuant to that program;
5.  A veterinary product and its packaging intended for use in or on animals, including diagnostic equipment or test kits and the veterinary product’s components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of:
   1. The United States food and drug administration;
   2. The United States department of agriculture pursuant to the federal Virus-Serum-Toxin Act; or
   3. The United States environmental protection agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), except that any such products approved by the United States environmental protection agency pursuant to that law for aerial and land application are not exempt from this section;
6. A product developed or manufactured for the purpose of public health or environmental or water quality testing;
7. A motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard, as defined in 49 United States Code, Section 30102(a)(10), except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products;
8. Any other motor vehicle, including an off-highway vehicle or a specialty motor vehicle, such as an all-terrain vehicle, a side-by-side vehicle, farm equipment or a personal assistive mobility device;
9. A watercraft, an aircraft, a lighter than-air aircraft or a seaplane;
10. A semiconductor, including semiconductors incorporated in electronic equipment, and materials used in the manufacture of semiconductors;
11. Non-consumer electronics and non-consumer laboratory equipment not ordinarily used for personal, family or household purpose;
12. A product that contains intentionally added PFAS with uses that are currently listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits in the United States environmental protection agency's rules under the significant new alternatives policy program; provided that the product contains PFAS that are being used as substitutes for ozone-depleting substances under the conditions specified in the rules;
13. A product used for the generation, distribution or storage of electricity;
14. Equipment directly used in the manufacture or development of the products described in Subsection A through M;
15. A product for which the Environmental Improvement Board (EIB) has adopted a rule providing that the use of the PFAS in that product is a currently unavoidable us ; or
16. A product that contains fluoropolymers consisting of polymeric substances for which 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.
17. A pesticide that is regulated by or under the jurisdiction of the Federal Insecticide, Fungicide, and Rodenticide Act.

Labeling

Under the final rule, after January 1, 2027, a manufacturer may not manufacture for sale or distribution a product containing intentionally added PFAS unless the manufacturer labels the product.

1. The label must clearly inform the consumer that the product contains intentionally added PFAS. The label shall be an outline of an Erlenmeyer flask with the word “PFAS” inside the flask. The label must be affixed to the product such that the label is clearly visible and legible prior to sale.
   

   

2. The label must be displayed with such conspicuousness as compared with other words, statements, design or devices on the product as to render the label likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use. Text shall be no smaller than the largest font used for other consumer information on the product.
3. Labels affixed to products must be printed, mounted, molded, engraved, embossed, or otherwise affixed to the product.
4. If the product is sold in consumer packaging that obscures the label on the product, then the consumer packaging must also be labeled. If, prior to sale, a retailer re-packages the labeled product, then the retailer shall label the new consumer packaging.
5. Where the consumer is unable to view the labels on the product or consumer packaging at the time of purchase or receipt, such as in catalog or online sales transactions that occur over the Internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly include information to the prospective consumer prior to purchase that the product contains intentionally added PFAS by providing a label or disclosure.

Meanwhile, under the final rule, prior to sale of a complex durable good that contains intentionally added PFAS, manufacturers must conform to the following labeling requirements:

1. A label indicating the presence of intentionally added PFAS shall be included in the consumer facing product specification sheet available to potential consumers prior to purchase. The label shall be an outline of an Erlenmeyer flask with the word “PFAS” inside the flask.
   

   

2. The label must be easily identified and legible on the consumer facing product specification sheet. A 10-point font or larger is presumed to be legible.
3. The consumer facing operation and maintenance manual associated with the complex durable good shall include an outline of an Erlenmeyer flask with the word “PFAS” inside the flask, indicating the presence of intentionally added PFAS.

The manufacturer of a product with intentionally added PFAS may comply with New Mexico’s labeling requirement by labeling all units, or, as applicable, consumer facing specification sheets and consumer facing operation and maintenance manuals of the product sold in New Mexico in compliance with corresponding requirements adopted by another state.

The labeling requirements do not apply to:

1. Used products offered for sale or resale;
2. Products for which labeling requirements are preempted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136v, or for which labeling requirements currently exist at 40 C.F.R. 156.10;
3. Veterinary products, including veterinary parasiticides and veterinary biologics, and the packaging of veterinary products regulated by the United States food and drug administration, the United States department of agriculture, or the United States environmental protection agency; and
4. Medical devices, drugs, and the packaging of medical devices and drugs regulated by the United States food and drug administration.

Note:

“Complex durable good” means a product that is a manufactured good composed of 100 or more manufactured components, with an intended useful life of five or more years, where the product is typically not consumed, destroyed, or discarded after a single use.

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