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On April 8, 2025, New Mexico Governor Michelle Lujan Grisham signed House Bill 212, the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212), into law. The legislation, which prohibits the intentional addition of PFAS in consumer products by 2031, follows similar laws in Maine and Minnesota, making New Mexico the third U.S. state to adopt sweeping restrictions on these persistent pollutants.
The law targets PFAS—a class of over 12,000 synthetic chemicals linked to cancer, immune suppression, and environmental persistence—through a phased approach:
Prohibition timeline
Starting from January 1, 2027, a manufacturer may not sell, offer for sale, distribute, or distribute for sale in New Mexico the following products containing intentionally added PFAS:
Cookware;
Food packaging;
Dental floss;
Juvenile products;
Firefighting foam.
Starting from January 1, 2028, a manufacturer may not sell, offer for sale, distribute, or distribute for sale in New Mexico the following products containing intentionally added PFAS:
Carpets or rugs;
Cleaning products;
Cosmetics;
Fabric treatments;
Feminine hygiene products;
Textiles;
Textile furnishings;
Ski wax; and
Upholstered furniture.
Starting from January 1, 2032, all products containing intentionally added PFAS are banned unless determined as currently unavoidable uses (CUUs).
Reporting requirements
On or before January 1, 2027, manufacturers of products containing intentionally added PFAS must disclose the following information to the New Mexico Environment Department:
Product description, including a universal product code, stock keeping unit or other numeric code assigned to the product;
Purpose for PFAS used in the product;
PFAS amount, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department;
Name and address of manufactuer, address, and phone number of a contact person for the manufacturer;
Additional information requested by the department.
Exemption
New Mexico's PFAS ban and reporting requirements do not apply to the following 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;
Medical devices or drugs and their packaging;
Cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added PFAS or or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits pursuant to the significant new alternative policy program (40 CFR Part 82, Subpart G);
Veterianry product and its packaging intended for use in or on animals;
A product developed or manufactured for public health or environmental or water quality testing;
Motor vehicle or motor vehicle equipment as defined in 49 United States Code, Section 30102(a)(10);
Any other motor vehicle, including an off-highway vehicle or a specialty motor vehicle;
Watercraft, an aircraft, a lighterthan-air aircraft or a seaplane;
Semiconductor, including those incorporated in electronic equipment;
Non-consumer electronics and non-consumer laboratory equipment not ordinarily used for personal, family or household purposes;
A product containing intentionally added PFAS listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits pursuant to the significant new alternative policy program (40 CFR Part 82, Subpart G);
A product used for the generation, distribution or storage of electricity;
Equipment directly used in the manufacture or development of the products described in point (1) through (13);
A product for which the use is determined as CUU;
A product that contains fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure.
Labeling Requirement
Effective January 1, 2027, New Mexico's PFAS Protection Act mandates labeling for all products containing intentionally added PFAS sold or distributed in the state. Products requiring labels include those subject to sales phase-outs, those exempt from reporting, and those with CUUs.
Exemptions apply to used products. Manufacturers can request exemptions for products where consumers have no direct contact with intentionally added PFAS during normal use (e.g., internal components of motor vehicles). Manufacturers can also comply by demonstrating adherence to equivalent out-of-state regulations.
Labels must be legible, durable, in English and Spanish, and include an NMED website/QR code. For complex durable goods, specific disclosure statements and component lists are required in manuals.
A Contrast to Maine and Minnesota
A Contrast to Maine and Minnesota
New Mexico’s PFAS legislation shares many similarities with Maine and Minnesota. This include a phased out approach to ban all intentionally added PFAS and reporting requirements.
However, there are certain key differences for New Mexico. In particular, fluoropolymers are exempt from the state’s broad prohibition on intentionally added PFAS in consumer products. This carve-out, absent in Maine’s and Minnesota’s PFAS bans, reflects a targeted compromise to preserve fluoropolymers’ essential industrial applications, despite their classification as PFAS. The exemption contrasts sharply with the EU’s proposed universal PFAS ban under REACH, which controversially includes fluoropolymers despite industry arguments that their high molecular weight and chemical stability limit environmental and health risks.
Seemingly, New Mexico's s approach positions itself as a middle ground, balancing environmental goals with economic pragmatism.
In addition, instead of requiring all products to report PFAS information by Minnesota, New Mexico is only applying reporting requirements to products without any exemption.
Vist here to know more about the PFAS prohibitions and reporting requirements for Maine and Minnesota.
The text of New Mexico's HB 212 can be accessed here.
