NMED News:
SANTA FE— The New Mexico Environment Department today petitioned the state’s Environmental Improvement Board to adopt proposed rules to implement New Mexico’s PFAS Protection Act.
The proposed rules implement the full scope of the PFAS Protection Act, including phasing out and prohibition on the sale of consumer products containing intentionally added PFAS, establishing consumer-facing labels for products which contain intentionally added PFAS, and the reporting requirements for the manufacturers of such products. The proposed rules only apply to the manufacturers of products which contain intentionally added PFAS and do not apply to any consumers of such products.
“These rules will prevent toxic PFAS chemicals from unknowingly entering the places where we live, work and play,” New Mexico Environment Department (NMED) Secretary James Kenney said. “From cookware and food packaging, to furniture and cleaning supplies, to adult hygiene products and baby clothes and toys – these rules will protect the health of New Mexicans and our environment from toxic forever chemicals.”
“With the passage of House Bill 212, we had one clear objective – to safeguard New Mexicans from dangerous added toxins, PFAS, in everyday products,” Majority Whip Dayan Hochman-Vigil said. “Today’s Environmental Improvement Board filing brings us one critical step closer in removing harmful chemicals from our homes, and to provide peace of mind to our communities.”
“House Bill 212 represents an important step forward to protect New Mexicans from toxic PFAS chemicals,” Sen. Jeff Steinborn said. “Data has shown that these dangerous cancer-causing chemicals persist in the human body and in the environment for a very long time, and we must do all we can to prevent New Mexican’s exposure to them.”
What these rules do
The PFAS Protection Act protects New Mexicans from toxic PFAS by phasing out and ultimately prohibiting consumer products containing intentionally added PFAS. These chemicals can cause a range of adverse health issues including thyroid disease, liver or kidney damage, birth defects, certain types of cancers, and increase the risk reproductive issues like decreased fertility, low birth weight, or developmental delays.
In 2027, state law prohibits the sale of certain products with intentionally added PFAS in items like cookware food packaging and juvenile products, with additional products including cosmetics, furniture, and carpets prohibited in 2028. By 2032, all non-exempt products with intentionally added PFAS are prohibited for sale in New Mexico.
The act also requires manufacturers to label products containing intentionally added PFAS so consumers can decide if they want to bring a product containing or made with PFAS into their home or business. An example of the label on such consumer products as required by the proposed rule is below:
Draft labels are attached to this announcement. These graphics are not final and may change before finalization of the rules.
Public engagement opportunities
The Environmental Improvement Board is independent of NMED. It adopts and promulgates nearly all regulations administered by the department. The board was established under state law and consists of seven members appointed by the governor and confirmed by the New Mexico State Senate.
NMED’s submission of its proposed rule to the Environmental Improvement Board is the first step in a lengthy rulemaking process. If passed by the Environmental Improvement Board, the rules will take effect July 2026.
A copy of the proposed rules can be viewed here. A public comment portal is currently open for the public to provide feedback on the proposed rules.
In addition, NMED is hosting a virtual public meeting on Wednesday, Oct. 22 at 1 p.m. to provide an overview of the proposed rules and answer questions related to them. Register here for the public meeting.
NMED also launched an updated PFAS webpage, where the public can learn about all the state’s PFAS-related actions.