New Mexico Government Passed the PFAS Protection Act

"The New Mexico Legislature has passed the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act, House Bill 212 on April 08, 2024, which prohibits the sale and distribution of certain products containing intentionally added PFAS. The Act empowers the Environmental Improvement Board to adopt rules restricting products with added PFAS and mandates disclosure and testing requirements for such products sold or distributed within the state. Manufacturers must report PFAS content and may be required to conduct product testing to ensure compliance. The Act targets environmental and public health protection by reducing PFAS exposure from consumer products and industrial sources. Enforcement includes penalties for non-compliance. This legislation represents New Mexico’s proactive stance in managing harmful “forever chemicals,” supporting transparency, regulatory control, and consumer safety. The Act establishes a legal framework for phasing out PFAS in non-essential applications while allowing for future rulemaking to expand or refine its scope. Starting January 1, 2027, manufacturers are prohibited from selling, offering for sale, or distributing in the state—either directly, indirectly, or through intermediaries—certain products that contain intentionally added per- or polyfluoroalkyl substances (PFAS). The first wave of this ban targets cookware, food packaging, dental floss, juvenile products, and firefighting foam. From January 1, 2028, the ban expands to include additional categories such as carpets or rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax, and upholstered furniture, again if these items contain intentionally added PFAS. By January 1, 2032, a broader restriction takes effect, prohibiting the sale or distribution of any product containing intentionally added PFAS—unless the state board designates its use as a “currently unavoidable use” through formal rulemaking. The board is also authorized to update and define such exceptions based on necessity. This phased approach aims to reduce the prevalence of PFAS in consumer products and minimize their environmental and health impacts."