New Mexico PFAS
April 16, 2025 | Written by GreenSoft Technology, Inc.
New Mexico Passes New PFAS Regulation
PFAS notification requirements go into effect January 2026; PFAS ban goes into effect January 2032
On April 8, the Governor of New Mexico signed the new “Per- and Poly-Fluoroalkyl Substances Protection Act” (HB 212) regulation.
This legislation authorizes the New Mexico Environmental Improvement Board (EIB) to adopt rules prohibiting certain products that contain intentionally-added PFAS.
Effective January 1, 2032, no manufacturer may sell, offer for sale or distribute for sale, directly or indirectly or through intermediaries, any product that contains intentionally added PFAS in the state of New Mexico, unless the EIB has adopted a rule providing a Currently Unavoidable Use (CUU) for that product.
Additionally, some products have bans that take effect before the general prohibition in 2032. Per Section 3B of HB 212, effective January 1, 2027, a manufacturer shall not sell in the state the following products that contains intentionally added PFAS:
- Cookware
- Food Packaging
- Dental Floss
- Juvenile Products, such as children’s car seats, clothing and toys.
- Juvenile products does NOT include electronic products such as personal computers, audio/video equipment, calculators, wireless phones, gaming consoles, handheld devices with video screen, or associated peripheral devices (such as mouse, keyboard, power supply or power cords).
- Firefighting Foam
And per Section 3C of the regulation, effective January 1, 2028, a manufacturer shall not sell in the state the following products that contain intentionally added PFAS:
- Carpets/Rugs
- Cleaning Supplies
- Cosmetics
- Fabric Treatments
- Feminine Hygiene Products
- Textiles/Textile Furnishings
- Ski Wax
- Upholstered Furniture
Read the full text of the regulation and track the regulation status here.
Currently unavoidable use (“CUU”), similarities to other states, and the effects on electronic equipment
The New Mexico regulation defines PFAS as a “per- or poly- fluoroalkyl substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” This is the same definition used in the PFAS regulation in the states of Maine and Minnesota.
The regulation defines "Currently unavoidable use" as a use of PFAS that the EIB has determined by rule to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available. This is also same definition as in Maine and Minnesota.
Per Section 3A of the regulation, certain product categories are exempt from the regulation:
- Product for which federal law governs the presence of PFAS
- Used Product for sale or resale
- Medical Devices regulated by the USDA
- Cooling, Heating, Ventilation, Air Conditioning or Refrigeration Equipment.
- Veterinary Products and its Packaging
- Product development for the purposed of public health, environmental or water quality test.
- Motor Vehicle or Motor Vehicle equipment
- Watercraft and Aircraft
- Semiconductor and the equipment and materials used in the manufacture of semiconductors.
- Non-Consumer electronics and non-consumer laboratory equipment not intended for personal, family or household purposes.
- Products that contains intentionally added PFAS with uses that are currently listed as acceptable by the US EPA.
- Product used for the generation, distribution or storage of electricity.
- Equipment directly used in the manufacture or development of the products listed above
- Product for which the EIB has adopted a rule providing a CUU.
- Product that contains fluoropolymers consisting of polymeric substance for which the backbone of the polymer is a PFAS.
Due to electronics-related exemptions only being provided for semiconductors, non-consumer electronics, and non-consumer laboratory equipment, this new regulation directly impacts producers of electronic or electrical devices intended for use in consumer applications.
Moreover, the EIB shall adopt rules on the reporting requirements to the New Mexico Environment Department (NMED) to be placed on the manufacturer. Also, the EIB may create a series of ranges on the amount of PFAS for reporting purposes and the labeling of products in both English and Spanish. Lastly, there could be testing requirements if NMED has reason to believe that a product containing intentionally added PFAS is being sold.
Avoid potential penalties with GreenSoft Technology’s a PFAS compliance solution for manufacturers
A manufacturer found in violation of New Mexico’s new PFAS regulation may face civil penalties of up to $15,000, along with additional fines for each day the violation occurred. Additionally, manufacturers that continue to fail to comply may be subjected to civil penalties of up to $25,000 for every day of continued noncompliance.
To avoid these significant penalties and ensure compliance with New Mexico's PFAS regulation, affected companies can leverage GreenSoft Technology's PFAS Data Services solution.
GreenSoft Technology’s PFAS Data Services solution provides companies with the chemical data from their supply chain needed to comply with PFAS regulations – including New Mexico’s, Minnesota’s, and others across the globe.
Our data collection team will contact your suppliers to obtain data on the PFAS chemicals and other substances contained in your product and components. We’ll validate that data and check it for accuracy and completeness. With our Turnkey Service, we can generate the necessary compliance reports for you. Or you can use our GreenData Manager software to manage your company’s substance database and easily generate reports for this and other environmental regulations.
Contact us to learn more.
