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New Mexico Enacts Sweeping Restrictions on PFAS Use, Phased Ban on Over 100 Product Categories Starting 2027
28 Apr 2025
New Mexico Enacts Sweeping Restrictions on PFAS Use, Phased Ban on Over 100 Product Categories Starting 2027
Keywords
In April 2025, the U.S. state of New Mexico passed the Per- and Poly-Fluoroalkyl Substances Protection Act, aiming to strengthen the regulation of per- and polyfluoroalkyl substances (PFAS) to safeguard human health and the environment. The key provisions of the Act are as follows:
1. Definition of PFAS
PFAS are defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
2. Product Bans
(i) Effective January 1, 2027:
1) The sale of the following PFAS-containing products will be prohibited:
2) Cookware
3) Food packaging
4) Dental floss
5) Children's products
6) Firefighting foam
(ii) Effective January 1, 2028:
The following additional PFAS-containing products will be banned:
1) Carpets and rugs
2) Cleaning products
3) Cosmetics
4) Textile treatments
5) Feminine hygiene products
6) Textiles
7) Textile furnishings
8) Ski wax
9) Upholstered furniture
(iii) Effective January 1, 2032:
Unless classified as "currently unavoidable uses," the sale of any product containing PFAS will be prohibited.
3. Exemptions
The following are exempt from the ban:
1) Products already regulated under federal law (e.g., medical devices, pharmaceuticals, certain refrigeration equipment)
2) Products used for public health, environmental, or water quality testing
3) Certain electronic products, semiconductors, and agricultural equipment
4) Products identified by the Environmental Improvement Board as having "currently unavoidable uses"
4. Information Reporting Requirements
Manufacturers must submit detailed information about PFAS-containing products to the New Mexico Environment Department, including:
1) Product descriptions (such as UPC codes, SKUs, etc.)
2) Intended uses of PFAS
3) Specific PFAS content (identified by CAS registration numbers)
4) Manufacturer contact information
This information must be submitted by January 1, 2027, and updated within 30 days of any significant changes.
5. Testing Requirements
1) If the Environment Department suspects that a product contains PFAS, it may require the manufacturer to provide test results within 30 days.
2) If testing confirms the product is PFAS-free, a certificate of compliance must be submitted.
3) If testing detects PFAS, the manufacturer must provide relevant information and notify distributors that the product is prohibited in New Mexico.
6. Enforcement and Penalties
1) Manufacturers found violating the Act or related rules may face civil penalties of up to USD 15,000 per violation, along with daily administrative costs for ongoing violations.
2) Failure to comply with administrative orders may result in court-imposed fines of up to USD 25,000 per day.
3) Collected fines will be deposited into the Recycling and Illegal Dumping Fund.
7. Summary of PFAS Restrictions Across the United States
1) California: Effective January 1, 2023, bans the sale or distribution of intentionally added PFAS in food packaging and children's products (threshold of ≥100 ppm).
2) New York: Effective December 31, 2022, prohibits the manufacture, sale, or distribution of food packaging containing intentionally added PFAS.
3) Vermont (S.20): Bans sales of firefighting foam with intentionally added PFAS from July 1, 2022, and extends the ban to food packaging, residential carpets, rugs, and ski wax from July 1, 2023.
4) Colorado (HB 22-1345): Phasing out PFAS-containing products between 2024 and 2027, with a food packaging ban effective January 1, 2024.
5) Maryland: Effective January 1, 2024, prohibits the sale of products containing intentionally added PFAS.
6) Minnesota (HF 2310): Bans the manufacture, sale, or distribution of food packaging with intentionally added PFAS starting January 1, 2025.
7) Maine: Phases out sales of carpets and fabric treatments starting 2023; cleaning products, cookware, and cosmetics by 2026; artificial turf and wet-weather outdoor apparel by 2029 (unless labeled "contains PFAS chemicals"); and all products containing intentionally added PFAS by 2032, with further restrictions by 2040.
8) Connecticut: Effective January 1, 2028, bans production, sale, and distribution of all intentionally added PFAS products including apparel, carpets, cleaning products, cookware, cosmetics, dental floss, textile treatments, children's products, menstrual products, textile furnishings, ski wax, and upholstered furniture.
9) New Mexico: Beginning in 2027, bans PFAS-containing cookware, food packaging, dental floss, children's products, and firefighting foam; the ban extends to 11 additional product categories in 2028, and to all PFAS-containing products by 2032 unless deemed "currently unavoidable."
Disclaimer: Blooming reserves the right of final explanation and
revision for all the information.