The New Mexico Environment Department (NMED) is moving forward rapidly with its rulemaking process to implement the PFAS Protection Act (H.B. 212), with the final rule expected to be adopted in mid-2026, setting specific phase-out and labeling deadlines for manufacturers.
Current Status and Updated Timeline
The regulatory process is currently in the public engagement phase, led by the Environmental Improvement Board (EIB).
| Milestone | Date | Status/Detail |
| Proposed Rules Filed | October 8, 2025 | NMED officially petitioned the EIB to adopt the new rules. |
| Public Hearing | Expected ~February 18, 2026 | The formal hearing for the draft rule, following the legislative session. |
| Public Comment Deadline | March 31, 2026 | Final date for stakeholders and the public to submit comments on the proposed rule. |
| Final Rule Adoption | Expected by June/July 2026 | The EIB is expected to adopt the final regulations, setting the compliance deadlines. |
Key Mandates of the Proposed Rule
The proposed rules implement three major requirements that manufacturers must meet:
1. First-of-its-Kind Labeling Requirement
- Effective Date: January 1, 2027
- Requirement: Manufacturers must apply a consumer-facing label (using NMED-prescribed words and symbols) to all products containing intentionally added PFAS. This includes clear disclosure on online sales literature and product specification sheets.
2. Phased Prohibition (Ban) on Sales
The rule establishes a clear schedule for phasing out the sale of products containing intentionally added PFAS:
| Start Date | Product Categories Prohibited |
| January 1, 2027 | Cookware, Food Packaging, Dental Floss, Juvenile Products, and Firefighting Foam. |
| January 1, 2028 | Carpets/Rugs, Cleaning Products, Cosmetics, Fabric Treatments, Feminine Hygiene Products, Textiles, Ski Wax, and Upholstered Furniture. |
| January 1, 2032 | All remaining non-exempt products containing intentionally added PFAS, unless granted a “Currently Unavoidable Use” (CUU) exemption. |
3. Reporting and Currently Unavoidable Use (CUU)
- Reporting: By January 1, 2027, manufacturers must begin reporting detailed information about the PFAS content in their products.
- CUU Proposals: For prohibitions taking effect in 2027, manufacturers seeking a CUU exemption must submit a proposal to the NMED by October 31, 2026.
