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New Mexico plans to introduce new PFAS labeling regulations, which will be mandatory from 2027 onwards
Time：
2025-11-10
The New Mexico Department of Environment (NMED) has released a proposal for the implementation of the Perfluoroalkyl Substance Protection Act (HB 212), which for the first time establishes special labeling requirements for products containing intentionally added PFAS. The compliance date is January 1, 2027.
On October 8, 2025, the New Mexico Department of Environment (NMED) issued a proposal for the implementation of the Perfluoroalkyl Substance Protection Act (HB 212), which for the first time established special labeling requirements for products containing intentionally added PFAS, with a compliance date of January 1, 2027. This proposal, together with the phased ban and information reporting system established by HB 212, constitutes the PFAS control system within the state, marking a new stage of transparency in the regulation of "permanent chemicals" in the southwestern region of the United States.
01. PFAS Definition and Regulatory Framework
The HB 212 bill broadly defines PFAS as a category of fluorinated organic chemicals containing at least one perfluorocarbon atom, which is consistent with states such as Maine and Minnesota that have implemented PFAS controls.
As the third state in the United States to completely ban the intentional addition of PFAS to consumer goods, New Mexico has established a three-stage ban through legislation:
January 1, 2027: Five categories of products are prohibited, including cookware, food packaging, dental floss, youth products, and fire foam.
January 1, 2028: Expanded to nine categories of products including carpets, cleaning products, cosmetics, textiles, etc.
January 1, 2032: Covering all products that are not "inevitably used".
The new labeling regulations are a concrete implementation of the "transparency requirements" of the bill, forming a regulatory loop with the reporting obligation of manufacturers to submit product PFAS content, usage, and other information before 2027.
02. Requirements for pioneering product labeling
Starting from January 1, 2027, if a product intentionally containing PFAS is sold or distributed in New Mexico, the manufacturer must affix a label on the product that meets the following requirements, either on their own or by commissioning someone else.
Bilingual label: The label must be in both English and Spanish, clearly informing consumers that the product contains intentionally added PFAS, and must use departmental approved text expression and symbol design.
Clear and easy to read: The label must be clear and distinguishable before sale, and its visibility should be significantly higher than other text, patterns, and other content on the product.
Fixed method: The label must be fixed by printing, pasting, molding, carving, embossing or other methods, and the materials and processes used must have sufficient durability to ensure readability during the product's service life. The font size must not be smaller than the maximum font size of other consumer information of the product.
Multi scenario adaptation: It is necessary to clearly disclose the PFAS content in sales copy, web pages, product specification sheets, and other materials before consumers make a purchase; If the packaging covers the product label, the packaging must comply with the label requirements.
Web link: Tag requires providing the website of the New Mexico Department of Environment（ https://www.env.nm.gov/pfas/ ）Or store the QR code of its website address.
Exemption object: Second hand sales products are completely exempt from labeling requirements. The HB 212 Act prohibits and exempts categories such as medical devices from reporting. If manufacturers can prove that PFAS will not come into direct contact with consumers during use, they can apply for label exemption. Complex durable consumer goods and their components are subject to alternative labeling requirements, but consumers still need to be informed of PFAS content information.
In addition, if using labels that meet the corresponding requirements of other states, manufacturers can achieve compliance by submitting the following information to the New Mexico Department of the Environment:
A copy of the label used for the product and its packaging intended for sale in New Mexico, accompanied by an explanation of how the label complies with the requirements of this regulation.
If the approved labeling scheme includes specific elements at the state level (such as phone numbers, regulatory references, websites, or public outreach measures), it must be explained as adjustments that will be made to implement the scheme in New Mexico.
03. Inevitable use at present
Manufacturers can submit proposals for 'current unavoidable use' (CUU) individually or jointly. Regarding the sales ban that will take effect on January 1, 2027, if a proposal is submitted before October 31, 2026, it will be considered approved for review and a final decision to approve or reject the proposal will be issued before March 1, 2027.
The complete proposal should at least include the following content:
Intentionally added PFAS name and CAS number.
A brief description of the product types that intentionally add PFAS.
The reason why adding PFAS to products is crucial for health, safety, or social functionality.
How does the specific use of PFAS in the product ensure the description of the core functions of the product.
Explain whether there are available safer alternatives.
The contact information of the proposer.
Any information known or reasonably ascertainable by the manufacturer regarding the impact of PFAS on human health or the environment in the product.
04. Report fees
Before January 1, 2027, if PFAS is intentionally added to products sold in New Mexico, manufacturers must pay the following fees to the New Mexico Department of Environment to fulfill their reporting obligations:
Initial report: The fee to be paid when submitting the initial report is $2500 USD.
Follow up report: The fee to be paid for each submission of a follow-up report due to significant changes is $1000.
05. Timeline for Rule Implementation
Public Opinion Collection: As of March 31, 2026 (submission link will be announced separately)
Virtual public meeting: October 22, 2025 at 13:00 Mountain Time (15:00 Eastern Time), registration is required in advance
Public Hearing: Expected to be held on February 18, 2026 (according to the NMED Public Engagement Plan)
The final rule takes effect: it is planned to complete the approval before June 30, 2026 and officially implement on January 1, 2027
06. Compliance Suggestions
The exemption list of HB 212 Act covers 16 categories of products, demonstrating New Mexico's determination to implement a comprehensive ban on PFAS. For export enterprises, special attention should be paid to the regulatory differences between the new bilingual labeling requirements and other Spanish speaking regions such as Colorado, and to complete the supply chain information sorting and label design adaptation in advance.
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