How Will New Mexico’s 20.13.2 NMAC PFAS Rules Impact Consumer Product Compliance?
This blog was originally posted on 13th May, 2026. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.
AUTHORED BY LUISA TORO CORREA, REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE & RISKS
Key Insight
New Mexico has established one of the most comprehensive state-level PFAS regulatory frameworks in the United States through the 2025 PFAS Protection Act (HB 212) and Rule 20.13.2 NMAC. The rule introduces phased product bans, labeling and disclosure requirements, reporting obligations, enforcement mechanisms, and a CUU exemption system. Full compliance will be required in stages beginning in 2027, with additional restrictions and stricter limits extending through 2032.
Table of Contents
- Introduction
- How Did HB 212 Establish the Foundation for PFAS Regulation?
- How Does Rule 20.13.2 NMAC Introduce Phased PFAS Product Prohibitions?
- Exemptions
- Currently Unavoidable Use (CUU) Proposals: What You Need to Know?
- What Labeling and Consumer Disclosure Obligations Does Rule 20.13.2 NMAC Create?
- How Will NMED Verify and Enforce PFAS Compliance?
- Final Thoughts: Preparing for the Next Phase of PFAS Compliance
- Frequently Asked Questions
Introduction
New Mexico has taken a major step toward regulating per- and polyfluoroalkyl substances (PFAS) in consumer products by implementing the 2025 PFAS Protection Act (House Bill 212) and the newly adopted Rule 20.13.2 NMAC. While House Bill 212 established the statutory framework for restricting intentionally added PFAS in consumer products, the primary compliance obligations are now being operationalized through Rule 20.13.2 NMAC, adopted by the New Mexico Environmental Improvement Board in March 2026. The rule establishes one of the most comprehensive state-level PFAS compliance regimes in the United States, introducing phased product prohibitions, mandatory labeling, manufacturer reporting obligations, testing authority, enforcement provisions, and a process for obtaining currently unavoidable use (CUU) exemptions. The rule becomes effective on July 1, 2026.
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How Did HB 212 Establish the Foundation for PFAS Regulation?
Enacted in 2025, House Bill 212, the Per- and Polyfluoroalkyl (PFAS) Protection Act, prohibits the sale and distribution of specified products containing intentionally added PFAS and authorizes the New Mexico Environment Department (NMED) and New Mexico Environmental Improvement Board to adopt implementing regulations.
The legislation defines “intentionally added PFAS” broadly as PFAS deliberately added during manufacturing, with the continued presence in the final product or product component desired or expected. The law also authorizes regulators to expand product restrictions in the future, as necessary, to protect human health or the environment.
Although HB 212 established the legal framework, Rule 20.13.2 NMAC now sets out the detailed compliance obligations for manufacturers.
How Does Rule 20.13.2 NMAC Introduce Phased PFAS Product Prohibitions?
Under the final rule, products containing intentionally added PFAS will be prohibited from sale or distribution in New Mexico according to phased implementation dates established under HB 212.
What Products Are Subject to PFAS Bans Under Rule 20.13.2 NMAC, and When Do the Restrictions Take Effect?
Beginning January 1, 2027, the restrictions apply to:
- Cookware
- Food packaging
- Dental floss
- Juvenile products, including children’s car seats, clothing, and toys
- Firefighting foam
Beginning January 1, 2028, additional restrictions will apply to:
- Upholstered furniture
- Carpets and rugs
- Cleaning products
- Cosmetics
- Fabric treatments
- Feminine hygiene products
- Textiles and textile furnishings
- Ski wax
When Do Additional PFAS Restrictions and Currently Unavoidable Use (CUU) Requirements Take Effect?
The rule also adds compliance and certification requirements beyond the initial phase-outs.
- Manufacturers, trade associations, or other responsible parties may not sell or distribute products containing intentionally added PFAS unless required information has been submitted to the New Mexico Environment Department (NMED) under Section 20.13.2.12 NMAC.
- Beginning January 1, 2032, manufacturers will be prohibited from selling or distributing products containing intentionally added PFAS unless a valid CUU determination is in place.
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Exemptions
Which Products and Sectors Are Exempt From PFAS Restrictions Under CUU Provisions?
Rule 20.13.2 NMAC establishes a formal process that allows manufacturers to apply for a currently unavoidable use exemption when PFAS use remains essential for health, safety, or critical societal functions and no feasible alternatives are reasonably available. Applicable fees must accompany exemption applications.
The Rule also identifies several exempt product sectors, including:
- Medical devices and packaging
- HVAC and refrigeration equipment
- Veterinary products
- Motor vehicles
- Aircraft and watercraft
- Semiconductors
- Industrial electronics
- Laboratory equipment
- Electricity generation and storage products
Currently Unavoidable Use (CUU) Proposals: What You Need to Know?
CUU Proposal Requirements
A CUU proposal is required to continue using PFAS in a product before a sales ban takes effect. Manufacturers must submit one proposal per product category and industry sector within the required timeframe. The proposal must identify the PFAS used, describe the product and its function, and justify why the substance is essential for health, safety, or societal needs. It must also include regulatory context, environmental and health impact information, and details on product disposal and lifecycle.
Alternatives and Approval Process
Applicants must evaluate whether reasonable PFAS-free alternatives exist, including their availability, performance, cost, and whether manufacturing changes could eliminate PFAS use. CUU approvals last for three years, after which a new application is required to continue use. Approved CUUs are publicly available, and NMED may consider similar determinations from other states when reviewing proposals.
What Labeling and Consumer Disclosure Obligations Does Rule 20.13.2 NMAC Create?
One of the most significant components of Rule 20.13.2 NMAC is the establishment of PFAS labeling and disclosure requirements to improve consumer transparency and support informed purchasing decisions. These requirements do not apply to used products.
Manufacturers are responsible for ensuring compliance unless a retailer or wholesaler agrees in writing to assume responsibility for labeling. Covered products must include a clearly visible and conspicuous label identifying the presence of intentionally added PFAS. The required symbol is an outline of an Erlenmeyer flask with the letters “PFAS” inside, and it must be permanently affixed to the product.
If the packaging obscures the product label, it must also display the PFAS label. If a retailer repackages a product, the retailer must ensure the new packaging is properly labeled. For online, catalog, or telephone sales, PFAS disclosure must be provided to consumers prior to purchase.
For complex durable goods, the PFAS symbol must be included in consumer-facing specification sheets and operation and maintenance manuals, in a minimum 10-point font to ensure legibility.
Alternative Compliance Options
Manufacturers that comply with another state’s PFAS labeling program may petition the NMED for approval to use equivalent labeling with New Mexico-specific modifications.
How Will NMED Verify and Enforce PFAS Compliance?
Reporting Requirements: Who Must Report?
Manufacturers are required to submit PFAS-related reports to the NMED for products containing intentionally added PFAS. Reports must be submitted in accordance with the rule’s compliance timeline and updated when significant changes occur. Manufacturers must also maintain accurate supporting records.
What Must Be Reported?
Reports must generally include:
- Each product or component containing intentionally added PFAS
- The purpose for which PFAS is used
- PFAS identification, including Chemical Abstracts Service (CAS) Registry Numbers where applicable
- Supporting documentation and records used to determine PFAS presence and use
- Information based on reasonably available data, including supplier information or testing where necessary
Testing and Enforcement
NMED may require testing where PFAS is suspected or has not been properly reported. For enforcement purposes, the presence of fluorine in a product or product component at levels above 100 ppm, as measured by a commercially available analytical method, creates a rebuttable presumption that PFAS were intentionally added.
Fees and Compliance Costs?
Manufacturers are required to pay several fees, including reporting fees, CUU application fees, and label waiver fees. These range from $1,000 to $5,000, depending on the filing type, and are adjusted annually for inflation (CPI-U).
What Happens If You Don’t Comply?
The Secretary may issue compliance orders or pursue court action when violations of the PFAS rules are identified. Manufacturers can face civil penalties up to $15,000 per violation, with additional daily penalties up to $25,000 for continued noncompliance, as well as recovery of enforcement costs. Orders may be challenged through a public hearing process, and the agency has the authority to issue subpoenas and conduct investigations.
Final Thoughts: Preparing for the Next Phase of PFAS Compliance
Rule 20.13.2 NMAC represents a substantial expansion of state-level PFAS compliance obligations and establishes a highly prescriptive regulatory framework that extends beyond product prohibitions into reporting, labeling, testing, and enforcement. By operationalizing the requirements introduced under HB 212, New Mexico has created a compliance regime that will require manufacturers to implement comprehensive PFAS inventory management, supply chain traceability, analytical testing protocols, and product stewardship processes. The rule’s broad definition of intentionally added PFAS, coupled with mandatory CAS-level reporting and the potential for NMED-directed testing, significantly increases the importance of data accuracy and supplier verification. As the January 2027 compliance deadlines approach, companies should prioritize gap assessments, evaluate the applicability of currently unavoidable use exemptions, and establish internal governance mechanisms to support ongoing compliance as New Mexico’s PFAS regulatory program continues to evolve.
Want a State-by-State comparison of PFAS in products legislation across the US? Download our Guide!
Frequently Asked Questions
- What does HB 212 establish for PFAS regulation in New Mexico?
It establishes the legal framework prohibiting products with intentionally added PFAS and authorizes NMED and the Environmental Improvement Board to adopt implementing regulations. - What products are affected by PFAS bans starting in 2027?
Cookware, food packaging, dental floss, juvenile products, and firefighting foam. - When do stricter PFAS restrictions take effect after the initial phase?
Beginning January 1, 2028, additional product categories such as carpets, cosmetics, cleaning products, and textiles are restricted. - What is required for a CUU exemption?
Manufacturers must demonstrate PFAS is essential for health, safety, or societal needs and that no feasible alternatives exist, along with required documentation and fees. - What happens if manufacturers fail to comply with Rule 20.13.2 NMAC?
They may face compliance orders, court action, and civil penalties up to $15,000 per violation plus additional daily penalties for continued noncompliance.
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