This alert was originally published on March 25, 2025, and has been revised based on recent developments.
In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material restrictions on all products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Minnesota soon followed suit in 2023, and now New Mexico has become the third through New Mexico House Bill 212. On March 14, 2025, the New Mexico House of Representatives voted 62-1 to pass this bill, and the New Mexico Senate followed on March 18 by voting 37-3 in favor of the same version of the bill passed by the House. House Bill 212 was then signed into law on April 8 by Governor Michelle Lujan Grisham.
House Bill 212, among other things, (1) restricts intentionally added PFAS in certain categories of consumer products in 2027 and 2028; (2) restricts intentionally added PFAS in all products starting in 2032; (3) requires manufacturers of any products containing intentionally added PFAS to submit certain information to the New Mexico Environment Department (NMED) by 2027; and (4) gives NMED the authority to require product testing for intentionally added PFAS. House Bill 212 contains several exemptions for specific categories of products, along with a process for the state to identify products with currently unavoidable uses of PFAS that are similarly exempt from the law's restrictions and reporting requirements.
2027 and 2028 Restrictions on Certain Categories of Consumer Products
Beginning January 1, 2027, House Bill 212 prohibits the sale, offer for sale, distribution, and distribution for sale in New Mexico the following products if they contain intentionally added PFAS:
- Cookware;
- Food packaging;
- Dental floss;
- Juvenile products; and
- Firefighting foam.
Then, beginning January 1, 2028, intentionally added PFAS in the following products is likewise prohibited:
- Carpets and rugs;
- Cleaning products;
- Cosmetics;
- Fabric treatments;
- Feminine hygiene products;
- Textiles;
- Textile furnishings;
- Ski wax; and
- Upholstered furniture.
Certain exemptions to these restrictions apply, as discussed below. In addition, House Bill 212 gives the New Mexico Environmental Improvement Board (EIB) the authority to adopt rules to restrict intentionally added PFAS in other consumer products not enumerated above.
2032 Restriction Applicable to All Products
Beginning January 1, 2032, House Bill 212 prohibits the sale, offer for sale, distribution, and distribution for sale in New Mexico of any product containing intentionally added PFAS unless an exemption applies.
2027 Reporting Requirement Applicable to All Products
House Bill 212 requires the manufacturer of any product sold, offered for sale, distributed, or distributed for sale in New Mexico to submit certain information on the product to NMED by January 1, 2027, unless the Department extends this deadline. As with the law's material restrictions, certain exemptions to this reporting requirement apply. Information that must be reported includes:
- A brief description of the product;
- The purpose of the PFAS in the product;
- The amount of each PFAS in the product;
- Manufacturer contact information; and
- Any additional information requested by NMED as necessary.
NMED Authority to Require Product Testing
If NMED has reason to believe a product containing intentionally added PFAS is being sold, offered for sale, distributed, or distributed for sale in New Mexico, House Bill 212 gives the Department the authority to direct the manufacturer to provide NMED with testing results demonstrating the amount of each PFAS in the product.
If testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide NMED a certificate of compliance attesting as such, along with the test results and any other relevant information. If testing demonstrates that the product does contain intentionally added PFAS, the manufacturer must report the product per the law's reporting requirements and notify downstream distributors and sellers that the sale of the product in New Mexico is prohibited.
Exemptions
House Bill 212 specifies that its material restrictions and reporting obligations do not apply to the following categories of products:
- A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;
- Used products offered for sale or resale;
- Drugs and medical devices along with the packaging for these items;
- Certain HVAC and refrigeration equipment;
- Veterinary products and their packaging;
- Products developed or manufactured for public health or water quality testing;
- Certain motor vehicles, watercraft, and aircraft;
- Semiconductors;
- Non-consumer electronics and non-consumer laboratory equipment;
- Products containing intentionally added PFAS, where that PFAS is being used as a substitute for ozone-depleting substances under specified federal rules;
- Products used for the generation, distribution, or storage of electricity;
- Equipment directly used in the manufacture or development of the products described above;
- A product for which the EIB has adopted a rule providing that the use of PFAS in that product is a currently unavoidable use; and
- A product containing fluoropolymers consisting of polymeric substances with specified backbones.
The section of House Bill 212 containing the law's material restrictions also specifies that certain federally regulated pesticides are exempt from the material restrictions. Furthermore, the only products listed in the law as being exempt from the testing requirements are drugs, medical devices, and the packaging for drugs and medical devices.
Commentary
New Mexico House Bill 212 comes on the heels of Maine L.D. 1537 enacted in April 2024 to amend Maine's PFAS in products law (38 M.R.S. § 1614). That amendment effectively overhauled Maine's law to make compliance more manageable for companies and implementation workable for the Maine Department of Environmental Protection. House Bill 212 contains some of the same structure as Maine's law as amended, along with provisions similar to what is in Minnesota's PFAS in products law (Minn. St. § 116.943). However, there are distinguishing nuances between House Bill 212, Maine's law, and Minnesota's law. For instance, House Bill 212 is the only one of these three laws that contains an exemption for fluoropolymers.
Several U.S. states have PFAS in products laws that only pertain to specific categories of consumer products, though Maine, Minnesota, and now New Mexico are currently the only states that have laws restricting and requiring reporting on all products containing intentionally added PFAS. Stakeholders should stay abreast of PFAS in products legislation being put forward in other U.S. states. Stakeholders should also stay tuned for how state environmental agencies will implement existing state PFAS in products laws, such as in Maine and Minnesota where the respective state environmental agency is in the midst of the rulemaking process to implement that state's law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
