Cosmetic ingredient laws in New Mexico

[HB 212 (2025), final version; line numbers and running headers removed:]

G. "cosmetic" means a product or product component, other than soap, intended to be applied to the human body for cleansing, beautifying or promoting attractiveness;

H. "currently unavoidable use" means a use of a per- or poly-fluoroalkyl substance that the board has determined by rule to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available;

N. "intentionally added" means a per- or poly- fluoroalkyl substance deliberately added or used during the manufacture of a product where the continued presence, at any level or concentration, of the per- or poly-fluoroalkyl substance is desired or expected in the final product or one of the product's components;

P. "manufacturer" means: (1) a person, a firm, an association, a partnership, a corporation, an organization or a combination or a joint venture that creates, produces or assembles a product or whose brand name is affixed to a product; or (2) in the case of a product imported into the United States, an importer or first domestic distributor of the product; provided that the entity or person that created, produced or assembled the product or whose brand name is affixed to the product does not have an office or employees in the United States;

S. "per- or poly-fluoroalkyl substance" means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom;

T. "product" means an item created, produced, assembled, packaged or otherwise prepared for sale to a consumer, including a product component sold or distributed for personal, residential, commercial or industrial use or for use in making a product;

SECTION 3. PROHIBITION ON PRODUCTS CONTAINING PER- OR POLY-FLUOROALKYL SUBSTANCES--EXEMPTIONS.-- A. Subsections B through F of this section do not apply to: (1) a product for which federal law governs the presence of a per- or poly-fluoroalkyl substance in the product in a manner that preempts state authority; (2) used products offered for sale or resale; (3) medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States food and drug administration, including prosthetic and orthotic devices;

(15) a product for which the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use; or (16) 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.

C. Except as provided in Subsection A of this section, beginning January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

E. Except as provided in Subsection A of this section, beginning January 1, 2032, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product containing an intentionally added per- or poly- fluoroalkyl substance, unless the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use. The board may adopt rules to designate that the use of a per- or poly-fluoroalkyl substance in a certain product is a currently unavoidable use.

B. The board may: (1) adopt rules to carry out the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act, including requiring the labeling of products in English and Spanish; and

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substance shall submit to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. C. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product if testing requested by the department demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance and the manufacturer has failed to provide the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. D. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product that contains an intentionally added per- or poly-fluoroalkyl substance unless the manufacturer has submitted to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. A product reported pursuant to this subsection containing an intentionally added per- or poly-fluoroalkyl substance may be prohibited from sale pursuant to the Per- and Poly-Fluoroalkyl Substances Protection Act and to rules adopted pursuant to that act.

SECTION 7. ENFORCEMENT--CIVIL PENALTY.-- A. A manufacturer that violates a provision of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act shall be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000), and for each day during which any portion of a violation occurs, the department may assess the manufacturer administrative costs the department incurs for enforcement of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act.

[20.13.2 NMAC (New Mexico Register Vol. XXXVII, Issue 9, May 5, 2026) excerpts:]

B. Except as provided in Section 20.13.2.10 NMAC of this rule, beginning January 1, 2028, a manufacturer may not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

P. 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.

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substances must submit to the department the following information: (1) A brief description of the product, including a universal product code, stock keeping unit or other numeric code assigned to the product; (2) The purpose for which a per- or poly-fluoroalkyl substance is used in the product; (3) The amount, expressed as a percentage concentration in the product, of each per- or polyfluoroalkyl substance in the product, identified by its CASRN and reported as an exact quantity determined using commercially available analytical methods or as falling within the following reporting ranges. The manufacturer shall provide documentation verifying analytical method results to the department. (a) Less than 100 ppm (0.01 percent); (b) Equal to or more than 100 ppm (0.01 percent), but less than 500 ppm (0.05 percent); (c) Equal to or more than 500 ppm (0.05 percent), but less than 1,000 ppm (0.1 percent); (d) Equal to or more than 1,000 ppm (0.1 percent), but less than 5,000 ppm (0.5 percent); (e) Equal to or more than 5,000 ppm (0.5 percent), but less than 10,000 ppm (1.0 percent); or (f) Equal to or more than 10,000 ppm (1.0 percent). (4) The name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer; and (5) Any additional information requested by the department as necessary; provided that the department shall not require disclosure of records, reports or information or particular parts of records, reports or information that would divulge confidential business records or methods or processes entitled to protection as trade secret, and provided further that the manufacturer shall, by a preponderance of evidence, demonstrate that the information requested would divulge confidential business records or methods or processes entitled to protection as trade secrets.

20.13.2.13 LABELING: A. Labeling required. Unless exempted under Subsection B of Section 20.13.2.13 NMAC of this rule, after January 1, 2027, a manufacturer may not manufacture for sale or distribution a product containing intentionally added per- or poly-fluoroalkyl substances unless the manufacturer does one of the following: (1) Labels the product in accordance with the standards set forth in Subsections C and D of Section 20.13.2.13 NMAC of this rule, as applicable; (2) Documents in accordance with Subsection E of Section 20.13.2.13 NMAC of this rule that the product is labeled in a manner consistent with corresponding labeling requirements enacted by another state. B. Labeling exemptions. The labeling requirements of this rule do not apply to: (1) Used products offered for sale or resale; (2) Products for which labeling requirements are preempted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136v, or for which labeling requirements currently exist at 40 C.F.R. 156.10; (3) Veterinary products, including veterinary parasiticides and veterinary biologics, and the packaging of veterinary products regulated by the United States food and drug administration, the United States department of agriculture, or the United States environmental protection agency; and (4) Medical devices, drugs, and the packaging of medical devices and drugs regulated by the United States food and drug administration. C. Labeling standards. Prior to sale of a product that contains intentionally added per- or poly-fluoroalkyl substances, the manufacturer of the product shall affix or cause to be affixed, a label that conforms to the requirements of this section. Complex durable goods are exempt from the requirements of this section and are addressed in Subsection D of Section 20.13.2.13 NMAC of this rule. (1) The label must clearly inform the consumer that the product contains intentionally added per- and poly-fluoroalkyl substances. The label shall be an outline of an Erlenmeyer flask with the word PFAS inside the flask. The label must be affixed to the product such that the label is clearly visible and legible prior to sale. The label must be displayed with such conspicuousness as compared with other words, statements, design or devices on the product as to render the label likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use. Text shall be no smaller than the largest font used for other consumer information on the product. (2) Labels affixed to products must be printed, mounted, molded, engraved, embossed, or otherwise affixed to the product. (3) If the product is sold in consumer packaging that obscures the label on the product, then the consumer packaging must also be labeled in a manner compliant with Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule. If, prior to sale, a retailer re-packages the labeled product, then the retailer shall label the new consumer packaging in accordance with this section. (4) Where the consumer is unable to view the labels on the product or consumer packaging at the time of purchase or receipt, such as in catalog or online sales transactions that occur over the internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly include information to the prospective consumer prior to purchase that the product contains intentionally added per- and poly-fluoroalkyl substances by providing a label or disclosure as described in Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule.

A. A manufacturer must pay a $2,500 fee to submit the initial report pursuant to Section 20.13.2.12 NMAC of this rule. B. The fee for each instance of subsequent reporting following a significant change pursuant to Subsection C of Section 20.13.2.12 NMAC of this part is $1,000.

[HB 212 (2025), final version; line numbers and running headers removed:]

G. "cosmetic" means a product or product component, other than soap, intended to be applied to the human body for cleansing, beautifying or promoting attractiveness;

H. "currently unavoidable use" means a use of a per- or poly-fluoroalkyl substance that the board has determined by rule to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available;

N. "intentionally added" means a per- or poly- fluoroalkyl substance deliberately added or used during the manufacture of a product where the continued presence, at any level or concentration, of the per- or poly-fluoroalkyl substance is desired or expected in the final product or one of the product's components;

P. "manufacturer" means: (1) a person, a firm, an association, a partnership, a corporation, an organization or a combination or a joint venture that creates, produces or assembles a product or whose brand name is affixed to a product; or (2) in the case of a product imported into the United States, an importer or first domestic distributor of the product; provided that the entity or person that created, produced or assembled the product or whose brand name is affixed to the product does not have an office or employees in the United States;

S. "per- or poly-fluoroalkyl substance" means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom;

T. "product" means an item created, produced, assembled, packaged or otherwise prepared for sale to a consumer, including a product component sold or distributed for personal, residential, commercial or industrial use or for use in making a product;

SECTION 3. PROHIBITION ON PRODUCTS CONTAINING PER- OR POLY-FLUOROALKYL SUBSTANCES--EXEMPTIONS.-- A. Subsections B through F of this section do not apply to: (1) a product for which federal law governs the presence of a per- or poly-fluoroalkyl substance in the product in a manner that preempts state authority; (2) used products offered for sale or resale; (3) medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States food and drug administration, including prosthetic and orthotic devices;

(15) a product for which the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use; or (16) 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.

C. Except as provided in Subsection A of this section, beginning January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

E. Except as provided in Subsection A of this section, beginning January 1, 2032, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product containing an intentionally added per- or poly- fluoroalkyl substance, unless the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use. The board may adopt rules to designate that the use of a per- or poly-fluoroalkyl substance in a certain product is a currently unavoidable use.

B. The board may: (1) adopt rules to carry out the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act, including requiring the labeling of products in English and Spanish; and

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substance shall submit to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. C. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product if testing requested by the department demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance and the manufacturer has failed to provide the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. D. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product that contains an intentionally added per- or poly-fluoroalkyl substance unless the manufacturer has submitted to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. A product reported pursuant to this subsection containing an intentionally added per- or poly-fluoroalkyl substance may be prohibited from sale pursuant to the Per- and Poly-Fluoroalkyl Substances Protection Act and to rules adopted pursuant to that act.

SECTION 7. ENFORCEMENT--CIVIL PENALTY.-- A. A manufacturer that violates a provision of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act shall be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000), and for each day during which any portion of a violation occurs, the department may assess the manufacturer administrative costs the department incurs for enforcement of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act.

[20.13.2 NMAC (New Mexico Register Vol. XXXVII, Issue 9, May 5, 2026) excerpts:]

B. Except as provided in Section 20.13.2.10 NMAC of this rule, beginning January 1, 2028, a manufacturer may not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

P. 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.

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substances must submit to the department the following information: (1) A brief description of the product, including a universal product code, stock keeping unit or other numeric code assigned to the product; (2) The purpose for which a per- or poly-fluoroalkyl substance is used in the product; (3) The amount, expressed as a percentage concentration in the product, of each per- or polyfluoroalkyl substance in the product, identified by its CASRN and reported as an exact quantity determined using commercially available analytical methods or as falling within the following reporting ranges. The manufacturer shall provide documentation verifying analytical method results to the department. (a) Less than 100 ppm (0.01 percent); (b) Equal to or more than 100 ppm (0.01 percent), but less than 500 ppm (0.05 percent); (c) Equal to or more than 500 ppm (0.05 percent), but less than 1,000 ppm (0.1 percent); (d) Equal to or more than 1,000 ppm (0.1 percent), but less than 5,000 ppm (0.5 percent); (e) Equal to or more than 5,000 ppm (0.5 percent), but less than 10,000 ppm (1.0 percent); or (f) Equal to or more than 10,000 ppm (1.0 percent). (4) The name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer; and (5) Any additional information requested by the department as necessary; provided that the department shall not require disclosure of records, reports or information or particular parts of records, reports or information that would divulge confidential business records or methods or processes entitled to protection as trade secret, and provided further that the manufacturer shall, by a preponderance of evidence, demonstrate that the information requested would divulge confidential business records or methods or processes entitled to protection as trade secrets.

20.13.2.13 LABELING: A. Labeling required. Unless exempted under Subsection B of Section 20.13.2.13 NMAC of this rule, after January 1, 2027, a manufacturer may not manufacture for sale or distribution a product containing intentionally added per- or poly-fluoroalkyl substances unless the manufacturer does one of the following: (1) Labels the product in accordance with the standards set forth in Subsections C and D of Section 20.13.2.13 NMAC of this rule, as applicable; (2) Documents in accordance with Subsection E of Section 20.13.2.13 NMAC of this rule that the product is labeled in a manner consistent with corresponding labeling requirements enacted by another state. B. Labeling exemptions. The labeling requirements of this rule do not apply to: (1) Used products offered for sale or resale; (2) Products for which labeling requirements are preempted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136v, or for which labeling requirements currently exist at 40 C.F.R. 156.10; (3) Veterinary products, including veterinary parasiticides and veterinary biologics, and the packaging of veterinary products regulated by the United States food and drug administration, the United States department of agriculture, or the United States environmental protection agency; and (4) Medical devices, drugs, and the packaging of medical devices and drugs regulated by the United States food and drug administration. C. Labeling standards. Prior to sale of a product that contains intentionally added per- or poly-fluoroalkyl substances, the manufacturer of the product shall affix or cause to be affixed, a label that conforms to the requirements of this section. Complex durable goods are exempt from the requirements of this section and are addressed in Subsection D of Section 20.13.2.13 NMAC of this rule. (1) The label must clearly inform the consumer that the product contains intentionally added per- and poly-fluoroalkyl substances. The label shall be an outline of an Erlenmeyer flask with the word PFAS inside the flask. The label must be affixed to the product such that the label is clearly visible and legible prior to sale. The label must be displayed with such conspicuousness as compared with other words, statements, design or devices on the product as to render the label likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use. Text shall be no smaller than the largest font used for other consumer information on the product. (2) Labels affixed to products must be printed, mounted, molded, engraved, embossed, or otherwise affixed to the product. (3) If the product is sold in consumer packaging that obscures the label on the product, then the consumer packaging must also be labeled in a manner compliant with Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule. If, prior to sale, a retailer re-packages the labeled product, then the retailer shall label the new consumer packaging in accordance with this section. (4) Where the consumer is unable to view the labels on the product or consumer packaging at the time of purchase or receipt, such as in catalog or online sales transactions that occur over the internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly include information to the prospective consumer prior to purchase that the product contains intentionally added per- and poly-fluoroalkyl substances by providing a label or disclosure as described in Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule.

A. A manufacturer must pay a $2,500 fee to submit the initial report pursuant to Section 20.13.2.12 NMAC of this rule. B. The fee for each instance of subsequent reporting following a significant change pursuant to Subsection C of Section 20.13.2.12 NMAC of this part is $1,000.

[HB 212 (2025), final version; line numbers and running headers removed:]

G. "cosmetic" means a product or product component, other than soap, intended to be applied to the human body for cleansing, beautifying or promoting attractiveness;

H. "currently unavoidable use" means a use of a per- or poly-fluoroalkyl substance that the board has determined by rule to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available;

N. "intentionally added" means a per- or poly- fluoroalkyl substance deliberately added or used during the manufacture of a product where the continued presence, at any level or concentration, of the per- or poly-fluoroalkyl substance is desired or expected in the final product or one of the product's components;

P. "manufacturer" means: (1) a person, a firm, an association, a partnership, a corporation, an organization or a combination or a joint venture that creates, produces or assembles a product or whose brand name is affixed to a product; or (2) in the case of a product imported into the United States, an importer or first domestic distributor of the product; provided that the entity or person that created, produced or assembled the product or whose brand name is affixed to the product does not have an office or employees in the United States;

S. "per- or poly-fluoroalkyl substance" means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom;

T. "product" means an item created, produced, assembled, packaged or otherwise prepared for sale to a consumer, including a product component sold or distributed for personal, residential, commercial or industrial use or for use in making a product;

SECTION 3. PROHIBITION ON PRODUCTS CONTAINING PER- OR POLY-FLUOROALKYL SUBSTANCES--EXEMPTIONS.-- A. Subsections B through F of this section do not apply to: (1) a product for which federal law governs the presence of a per- or poly-fluoroalkyl substance in the product in a manner that preempts state authority; (2) used products offered for sale or resale; (3) medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States food and drug administration, including prosthetic and orthotic devices;

(15) a product for which the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use; or (16) 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.

C. Except as provided in Subsection A of this section, beginning January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

E. Except as provided in Subsection A of this section, beginning January 1, 2032, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product containing an intentionally added per- or poly- fluoroalkyl substance, unless the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use. The board may adopt rules to designate that the use of a per- or poly-fluoroalkyl substance in a certain product is a currently unavoidable use.

B. The board may: (1) adopt rules to carry out the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act, including requiring the labeling of products in English and Spanish; and

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substance shall submit to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. C. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product if testing requested by the department demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance and the manufacturer has failed to provide the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. D. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product that contains an intentionally added per- or poly-fluoroalkyl substance unless the manufacturer has submitted to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. A product reported pursuant to this subsection containing an intentionally added per- or poly-fluoroalkyl substance may be prohibited from sale pursuant to the Per- and Poly-Fluoroalkyl Substances Protection Act and to rules adopted pursuant to that act.

SECTION 7. ENFORCEMENT--CIVIL PENALTY.-- A. A manufacturer that violates a provision of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act shall be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000), and for each day during which any portion of a violation occurs, the department may assess the manufacturer administrative costs the department incurs for enforcement of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act.

[20.13.2 NMAC (New Mexico Register Vol. XXXVII, Issue 9, May 5, 2026) excerpts:]

B. Except as provided in Section 20.13.2.10 NMAC of this rule, beginning January 1, 2028, a manufacturer may not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

P. 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.

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substances must submit to the department the following information: (1) A brief description of the product, including a universal product code, stock keeping unit or other numeric code assigned to the product; (2) The purpose for which a per- or poly-fluoroalkyl substance is used in the product; (3) The amount, expressed as a percentage concentration in the product, of each per- or polyfluoroalkyl substance in the product, identified by its CASRN and reported as an exact quantity determined using commercially available analytical methods or as falling within the following reporting ranges. The manufacturer shall provide documentation verifying analytical method results to the department. (a) Less than 100 ppm (0.01 percent); (b) Equal to or more than 100 ppm (0.01 percent), but less than 500 ppm (0.05 percent); (c) Equal to or more than 500 ppm (0.05 percent), but less than 1,000 ppm (0.1 percent); (d) Equal to or more than 1,000 ppm (0.1 percent), but less than 5,000 ppm (0.5 percent); (e) Equal to or more than 5,000 ppm (0.5 percent), but less than 10,000 ppm (1.0 percent); or (f) Equal to or more than 10,000 ppm (1.0 percent). (4) The name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer; and (5) Any additional information requested by the department as necessary; provided that the department shall not require disclosure of records, reports or information or particular parts of records, reports or information that would divulge confidential business records or methods or processes entitled to protection as trade secret, and provided further that the manufacturer shall, by a preponderance of evidence, demonstrate that the information requested would divulge confidential business records or methods or processes entitled to protection as trade secrets.

20.13.2.13 LABELING: A. Labeling required. Unless exempted under Subsection B of Section 20.13.2.13 NMAC of this rule, after January 1, 2027, a manufacturer may not manufacture for sale or distribution a product containing intentionally added per- or poly-fluoroalkyl substances unless the manufacturer does one of the following: (1) Labels the product in accordance with the standards set forth in Subsections C and D of Section 20.13.2.13 NMAC of this rule, as applicable; (2) Documents in accordance with Subsection E of Section 20.13.2.13 NMAC of this rule that the product is labeled in a manner consistent with corresponding labeling requirements enacted by another state. B. Labeling exemptions. The labeling requirements of this rule do not apply to: (1) Used products offered for sale or resale; (2) Products for which labeling requirements are preempted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136v, or for which labeling requirements currently exist at 40 C.F.R. 156.10; (3) Veterinary products, including veterinary parasiticides and veterinary biologics, and the packaging of veterinary products regulated by the United States food and drug administration, the United States department of agriculture, or the United States environmental protection agency; and (4) Medical devices, drugs, and the packaging of medical devices and drugs regulated by the United States food and drug administration. C. Labeling standards. Prior to sale of a product that contains intentionally added per- or poly-fluoroalkyl substances, the manufacturer of the product shall affix or cause to be affixed, a label that conforms to the requirements of this section. Complex durable goods are exempt from the requirements of this section and are addressed in Subsection D of Section 20.13.2.13 NMAC of this rule. (1) The label must clearly inform the consumer that the product contains intentionally added per- and poly-fluoroalkyl substances. The label shall be an outline of an Erlenmeyer flask with the word PFAS inside the flask. The label must be affixed to the product such that the label is clearly visible and legible prior to sale. The label must be displayed with such conspicuousness as compared with other words, statements, design or devices on the product as to render the label likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use. Text shall be no smaller than the largest font used for other consumer information on the product. (2) Labels affixed to products must be printed, mounted, molded, engraved, embossed, or otherwise affixed to the product. (3) If the product is sold in consumer packaging that obscures the label on the product, then the consumer packaging must also be labeled in a manner compliant with Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule. If, prior to sale, a retailer re-packages the labeled product, then the retailer shall label the new consumer packaging in accordance with this section. (4) Where the consumer is unable to view the labels on the product or consumer packaging at the time of purchase or receipt, such as in catalog or online sales transactions that occur over the internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly include information to the prospective consumer prior to purchase that the product contains intentionally added per- and poly-fluoroalkyl substances by providing a label or disclosure as described in Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule.

A. A manufacturer must pay a $2,500 fee to submit the initial report pursuant to Section 20.13.2.12 NMAC of this rule. B. The fee for each instance of subsequent reporting following a significant change pursuant to Subsection C of Section 20.13.2.12 NMAC of this part is $1,000.

[HB 212 (2025), final version; line numbers and running headers removed:]

G. "cosmetic" means a product or product component, other than soap, intended to be applied to the human body for cleansing, beautifying or promoting attractiveness;

H. "currently unavoidable use" means a use of a per- or poly-fluoroalkyl substance that the board has determined by rule to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available;

N. "intentionally added" means a per- or poly- fluoroalkyl substance deliberately added or used during the manufacture of a product where the continued presence, at any level or concentration, of the per- or poly-fluoroalkyl substance is desired or expected in the final product or one of the product's components;

P. "manufacturer" means: (1) a person, a firm, an association, a partnership, a corporation, an organization or a combination or a joint venture that creates, produces or assembles a product or whose brand name is affixed to a product; or (2) in the case of a product imported into the United States, an importer or first domestic distributor of the product; provided that the entity or person that created, produced or assembled the product or whose brand name is affixed to the product does not have an office or employees in the United States;

S. "per- or poly-fluoroalkyl substance" means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom;

T. "product" means an item created, produced, assembled, packaged or otherwise prepared for sale to a consumer, including a product component sold or distributed for personal, residential, commercial or industrial use or for use in making a product;

SECTION 3. PROHIBITION ON PRODUCTS CONTAINING PER- OR POLY-FLUOROALKYL SUBSTANCES--EXEMPTIONS.-- A. Subsections B through F of this section do not apply to: (1) a product for which federal law governs the presence of a per- or poly-fluoroalkyl substance in the product in a manner that preempts state authority; (2) used products offered for sale or resale; (3) medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States food and drug administration, including prosthetic and orthotic devices;

(15) a product for which the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use; or (16) 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.

C. Except as provided in Subsection A of this section, beginning January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

E. Except as provided in Subsection A of this section, beginning January 1, 2032, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product containing an intentionally added per- or poly- fluoroalkyl substance, unless the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use. The board may adopt rules to designate that the use of a per- or poly-fluoroalkyl substance in a certain product is a currently unavoidable use.

B. The board may: (1) adopt rules to carry out the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act, including requiring the labeling of products in English and Spanish; and

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substance shall submit to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. C. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product if testing requested by the department demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance and the manufacturer has failed to provide the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. D. On or after January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product that contains an intentionally added per- or poly-fluoroalkyl substance unless the manufacturer has submitted to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. A product reported pursuant to this subsection containing an intentionally added per- or poly-fluoroalkyl substance may be prohibited from sale pursuant to the Per- and Poly-Fluoroalkyl Substances Protection Act and to rules adopted pursuant to that act.

SECTION 7. ENFORCEMENT--CIVIL PENALTY.-- A. A manufacturer that violates a provision of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act shall be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000), and for each day during which any portion of a violation occurs, the department may assess the manufacturer administrative costs the department incurs for enforcement of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act.

[20.13.2 NMAC (New Mexico Register Vol. XXXVII, Issue 9, May 5, 2026) excerpts:]

B. Except as provided in Section 20.13.2.10 NMAC of this rule, beginning January 1, 2028, a manufacturer may not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture.

P. 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.

B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substances must submit to the department the following information: (1) A brief description of the product, including a universal product code, stock keeping unit or other numeric code assigned to the product; (2) The purpose for which a per- or poly-fluoroalkyl substance is used in the product; (3) The amount, expressed as a percentage concentration in the product, of each per- or polyfluoroalkyl substance in the product, identified by its CASRN and reported as an exact quantity determined using commercially available analytical methods or as falling within the following reporting ranges. The manufacturer shall provide documentation verifying analytical method results to the department. (a) Less than 100 ppm (0.01 percent); (b) Equal to or more than 100 ppm (0.01 percent), but less than 500 ppm (0.05 percent); (c) Equal to or more than 500 ppm (0.05 percent), but less than 1,000 ppm (0.1 percent); (d) Equal to or more than 1,000 ppm (0.1 percent), but less than 5,000 ppm (0.5 percent); (e) Equal to or more than 5,000 ppm (0.5 percent), but less than 10,000 ppm (1.0 percent); or (f) Equal to or more than 10,000 ppm (1.0 percent). (4) The name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer; and (5) Any additional information requested by the department as necessary; provided that the department shall not require disclosure of records, reports or information or particular parts of records, reports or information that would divulge confidential business records or methods or processes entitled to protection as trade secret, and provided further that the manufacturer shall, by a preponderance of evidence, demonstrate that the information requested would divulge confidential business records or methods or processes entitled to protection as trade secrets.

20.13.2.13 LABELING: A. Labeling required. Unless exempted under Subsection B of Section 20.13.2.13 NMAC of this rule, after January 1, 2027, a manufacturer may not manufacture for sale or distribution a product containing intentionally added per- or poly-fluoroalkyl substances unless the manufacturer does one of the following: (1) Labels the product in accordance with the standards set forth in Subsections C and D of Section 20.13.2.13 NMAC of this rule, as applicable; (2) Documents in accordance with Subsection E of Section 20.13.2.13 NMAC of this rule that the product is labeled in a manner consistent with corresponding labeling requirements enacted by another state. B. Labeling exemptions. The labeling requirements of this rule do not apply to: (1) Used products offered for sale or resale; (2) Products for which labeling requirements are preempted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136v, or for which labeling requirements currently exist at 40 C.F.R. 156.10; (3) Veterinary products, including veterinary parasiticides and veterinary biologics, and the packaging of veterinary products regulated by the United States food and drug administration, the United States department of agriculture, or the United States environmental protection agency; and (4) Medical devices, drugs, and the packaging of medical devices and drugs regulated by the United States food and drug administration. C. Labeling standards. Prior to sale of a product that contains intentionally added per- or poly-fluoroalkyl substances, the manufacturer of the product shall affix or cause to be affixed, a label that conforms to the requirements of this section. Complex durable goods are exempt from the requirements of this section and are addressed in Subsection D of Section 20.13.2.13 NMAC of this rule. (1) The label must clearly inform the consumer that the product contains intentionally added per- and poly-fluoroalkyl substances. The label shall be an outline of an Erlenmeyer flask with the word PFAS inside the flask. The label must be affixed to the product such that the label is clearly visible and legible prior to sale. The label must be displayed with such conspicuousness as compared with other words, statements, design or devices on the product as to render the label likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use. Text shall be no smaller than the largest font used for other consumer information on the product. (2) Labels affixed to products must be printed, mounted, molded, engraved, embossed, or otherwise affixed to the product. (3) If the product is sold in consumer packaging that obscures the label on the product, then the consumer packaging must also be labeled in a manner compliant with Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule. If, prior to sale, a retailer re-packages the labeled product, then the retailer shall label the new consumer packaging in accordance with this section. (4) Where the consumer is unable to view the labels on the product or consumer packaging at the time of purchase or receipt, such as in catalog or online sales transactions that occur over the internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly include information to the prospective consumer prior to purchase that the product contains intentionally added per- and poly-fluoroalkyl substances by providing a label or disclosure as described in Paragraph (1) of Subsection C of Section 20.13.2.13 NMAC of this rule.

A. A manufacturer must pay a $2,500 fee to submit the initial report pursuant to Section 20.13.2.12 NMAC of this rule. B. The fee for each instance of subsequent reporting following a significant change pursuant to Subsection C of Section 20.13.2.12 NMAC of this part is $1,000.