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:
- PFAS Definition:
PFAS are defined as fluorinated organic chemicals containing at least one fully fluorinated carbon atom. - Product Phase-Out Timeline:
- Effective January 1, 2027:
- Ban on PFAS in cookware, food packaging, dental floss, children’s products, and firefighting foam.
- 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.
- 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.”
- Full ban on PFAS-containing products, except those classified as “currently unavoidable uses.”
- 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.
- 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.
- 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.
- 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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