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New Mexico State Implements Sweeping PFAS Regulations

In April 2025, New Mexico passed the PFAS Protection Act, introducing one of the most comprehensive state-level efforts to regulate Per- and Polyfluoroalkyl Substances (PFAS). Aimed at protecting public health and the environment, the law outlines strict product bans, mandatory reporting, and enforcement mechanisms.

Key Provisions of the PFAS Protection Act:

  1. PFAS Definition:
    PFAS are defined as fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
  2. Product Phase-Out Timeline:
  • Effective January 1, 2027:
    • Ban on PFAS in cookware, food packaging, dental floss, children’s products, and firefighting foam.
  • Effective January 1, 2028:
    • Expansion to carpets, cleaning products, cosmetics, textile treatments, feminine hygiene products, textiles, upholstered furniture, and ski wax.
  • Effective January 1, 2032:
    • Full ban on PFAS-containing products, except those classified as “currently unavoidable uses.”

  1. Exemptions Include:
  • Federally regulated products (e.g., medical devices, pharmaceuticals).
  • Tools for public health and environmental testing.
  • Certain electronics, semiconductors, and farm equipment.
  • Uses determined “currently unavoidable” by the Environmental Improvement Board.
  1. Reporting Obligations (Due by Jan 1, 2027):
    Manufacturers must disclose:
  • Product identifiers (e.g., UPC, SKU),
  • Purpose and type of PFAS used (with CAS numbers),
  • Contact information,
  • Updates required within 30 days of major changes.

  1. Testing and Compliance:
  • Upon suspicion of PFAS presence, the state may demand test results within 30 days.
  • If PFAS is absent: a certificate of compliance is required.
  • If PFAS is present: disclosure to the state and retailers is mandatory.

  1. Penalties for Non-Compliance:
  • Civil penalties up to $15,000 per violation per day, plus administrative fees.
  • Court-imposed fines can reach $25,000 per day for failing to comply with orders.
  • Penalty funds will support the Recycling and Illegal Dumping Fund.

PFAS Regulatory Landscape Across the U.S.:

  • California: Ban on PFAS in food packaging and children’s products since 2023.
  • New York: Food packaging PFAS ban effective since 2022.
  • Vermont: Bans in firefighting foam, carpets, rugs, ski wax (2022–2023).
  • Colorado: Staggered bans from 2024 to 2027.
  • Maryland: Statewide PFAS bans in place since 2024.
  • Minnesota: Food packaging PFAS ban starts in 2025.
  • Maine: Expanding bans through 2032, including artificial turf and outdoor apparel.

  • Connecticut: Full ban across 12 product categories by 2028.

  • New Mexico: Progressive phase-out through 2032, aligning with leading state regulations.

New Mexico’s legislation places it among the most proactive states in addressing PFAS risks, with a structured path toward full elimination of non-essential uses.

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