NMSA 1978, § 74-15-1 Short title
74-15-1. Short title
This act [74-15-1 to 74-15-7 NMSA 1978] may be cited as the "Per- and Poly-Fluoroalkyl Substances Protection Act".
Laws 2025, ch. 102, § 1.
Per- and Poly-Fluoroalkyl Substances Protection
NMSA 1978 ch. 74, art. 15
in effectNMSA 1978, § 74-15-2 Definitions
74-15-2. Definitions
As used in the Per- and Poly-Fluoroalkyl Substances Protection Act:
A. "board" means the environmental improvement board;
B. "carpet or rug" means a fabric marketed or intended for use as a floor covering;
C. "chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown of products of the substance or substances that form through decomposition, degradation or metabolism;
D. "cleaning product" means a finished product used for general cleaning purposes, including:
(1) a polish or floor maintenance product;
(2) an air care product labeled for the intended use of enhancing or conditioning the indoor environment by eliminating unpleasant odors or freshening the air; and
(3) an automotive maintenance product labeled for the intended use of maintaining the appearance of a motor vehicle, but does not include automotive paint or paint repair products;
E. "consumer product" means a tangible personal property that is distributed in commerce and normally used for personal, family or household use, including product categories that are normally used in households but designed for or sold to businesses, such as commercial carpet or floor waxes;
F. "cookware" means durable houseware items intended for direct food contact and used to prepare, dispense or store food, foodstuffs or beverages;
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;
I. "department" means the department of environment;
J. "fabric treatment" means a substance applied to fabric for stain, grease or water resistance or flame retardance;
K. "feminine hygiene product" means a disposable or reusable product to collect menstruation and vaginal discharge, including tampons, pads, sponges, menstruation underwear, discs, applicators and menstruation cups;
L. "firefighting foam" means an aqueous film-forming foam containing an intentionally added per- or poly-fluoroalkyl substance;
M. "food packaging" means a container, unit package, intermediate package or shipping container applied to or providing a means to market, protect, handle, deliver, serve, contain or store a food or beverage, including an individual assembled part of a food package;
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;
O. "juvenile product" means a product designed or marketed for use by children under twelve years old, including children's car seats, clothing and toys, but does not include an electronic product, including:
(1) personal computers and any associated equipment;
(2) audio and video equipment;
(3) calculators;
(4) wireless phones;
(5) gaming consoles;
(6) handheld devices incorporating a video screen; and
(7) any associated peripheral device, such as a mouse, keyboard, power supply unit or power cord;
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;
Q. "medical device" means an instrument, an apparatus, an implement, a machine, an implant, an in vitro reagent or other similar or related device, including any component or accessory, that is a product regulated as a drug or medical device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq.:
(1) recognized in an official compendium;
(2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in a human or an animal; or
(3) intended to affect the structure or function of the body of a human or an animal and that does not achieve its principal intended purposes through chemical action within or on the body of a human or an animal and that is not dependent on being metabolized for achievement of its principal intended purpose;
R. "official compendium" means a comprehensive, authoritative listing of recognized medical devices, including listings published by a federal regulatory body, which detail specifications standards, and accepted uses of medical devices;
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;
U. "ski wax" means a lubricant applied to the bottom of a snow runner, including a ski or snowboard, to improve grip or glide properties and includes associated tuning products;
V. "textile" means an item made in whole or in part from a natural or synthetic fiber, yarn or fabric, including leather, cotton, silk, jute, hemp, wool, viscose, nylon or polyester;
W. "textile furnishings" means a textile product made in whole or part from a natural or synthetic fiber, yarn or fabric that is used as furniture or a decorative accessory; and
X. "upholstered furniture" means furniture that is wholly or partially stuffed with a filling material.
Laws 2025, ch. 102, § 2.
NMSA 1978, § 74-15-3 Prohibition on products containing per- or poly-fluoroalkyl substances; exemptions
74-15-3. 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;
(4) cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added per- or poly-fluoroalkyl substances or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable to narrowed use limits by the United States environmental protection agency pursuant to the significant new alternatives policy program, 40 Code of Federal Regulations, Part 82, Subpart G and sold, offered for sale or distributed for sale for the use for which the refrigerant is listed pursuant to that program;
(5) a veterinary product and its packaging intended for use in or on animals, including diagnostic equipment or test kits and the veterinary product's components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of:
(a) the United States food and drug administration;
(b) the United States department of agriculture pursuant to the federal Virus-Serum-Toxin Act; or
(c) the United States environmental protection agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, except that any such products approved by the United States environmental protection agency pursuant to that law for aerial and land application are not exempt from this section;
(6) a product developed or manufactured for the purpose of public health or environmental or water quality testing;
(7) a motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard, as defined in 49 United States Code, Section 30102(a)(10), except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products;
(8) any other motor vehicle, including an off-highway vehicle or a specialty motor vehicle, such as an all-terrain vehicle, a side-by-side vehicle, farm equipment or a personal assistive mobility device;
(9) a watercraft, an aircraft, a lighter-than-air aircraft or a seaplane;
(10) a semiconductor, including semiconductors incorporated in electronic equipment, and materials used in the manufacture of semiconductors;
(11) non-consumer electronics and non-consumer laboratory equipment not ordinarily used for personal, family or household purposes;
(12) a product that contains intentionally added per- or poly-fluoroalkyl substances with uses that are currently listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits in the United States environmental protection agency's rules under the significant new alternatives policy program; provided that the product contains per- or poly-fluoroalkyl substances that are being used as substitutes for ozone-depleting substances under the conditions specified in the rules;
(13) a product used for the generation, distribution or storage of electricity;
(14) equipment directly used in the manufacture or development of the products described in Paragraphs (1) through (13) of this subsection;
(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.
B. Except as provided in Subsection A of this section, beginning January 1, 2027, 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) cookware;
(2) food packaging;
(3) dental floss;
(4) juvenile products; and
(5) firefighting foam.
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.
D. Except as provided in Subsection A of this section, the board may adopt rules to prohibit consumer products not enumerated in Subsections B and C of this section that contain an intentionally added per- or poly-fluoroalkyl substance by category or use that a manufacturer may not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, upon a finding of fact that a prohibition on the product is necessary to protect human health or the environment. The board shall set effective dates for a prohibition established by rule pursuant to this subsection; provided that the board shall not set an effective date for the prohibition of a product less than six months after the adoption of the final rule to prohibit the product or earlier than January 1, 2027. The board shall prioritize the prohibition of consumer products containing an intentionally added per- or poly-fluoroalkyl substance that are most likely to harm human health or contaminate the environment.
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.
F. The department shall consult with the New Mexico department of agriculture before petitioning the board pursuant to Subsection D or E of this section with respect to a pesticide, fertilizer, agricultural liming material or plant or soil amendment that contains an intentionally added per- or poly-fluoroalkyl substance. However, if a pesticide is regulated by or under the jurisdiction of the Federal Insecticide, Fungicide, and Rodenticide Act, then Subsections B through E of this section do not apply to the pesticide.
Laws 2025, ch. 102, § 3.
NMSA 1978, § 74-15-4 Rules
74-15-4. Rules
A. The board shall adopt rules to:
(1) exempt from the reporting requirements established pursuant to Section 5 [74-15-5 NMSA 1978] of the Per- and Poly-Fluoroalkyl Substances Protection Act any product that contains an intentionally added per- or poly-fluoroalkyl substance that is exempt pursuant to Subsection A of Section 3 [74-15-3 NMSA 1978]of that act or that has been designated as a currently unavoidable use;
(2) create a series of ranges for the amount of a per- or poly-fluoroalkyl substance in a product that contains an intentionally added per- or poly-fluoroalkyl substance for reporting purposes unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act;
(3) identify currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act; and
(4) as pertaining to firefighting foam:
(a) require a periodic inventory of firefighting foam quantities stored or used in New Mexico;
(b) require the use of firefighting foam for emergency purposes only; and
(c) require the cleanup of discarded firefighting foam pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978].
For purposes of this subsection, "emergency purposes" does not include training or the use of firefighting foam in fire suppression systems.
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
(2) determine that a product containing intentionally added per- or poly-fluoroalkyl substances are a currently unavoidable use based on determinations made by other states.
Laws 2025, ch. 102, § 4.
NMSA 1978, § 74-15-5 Rules; information required; extensions; waivers
74-15-5. Rules; information required; extensions; waivers
A. The board shall adopt rules that enumerate the information required of a manufacturer. The information required shall include:
(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 of each per- or poly-fluoroalkyl substance in the product, identified by its chemical abstracts service registry number and reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department;
(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.
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.
E. A manufacturer shall submit a revision of the information provided on a product within thirty days of a significant change to the information the manufacturer previously submitted or upon the request of the department.
F. Upon written approval from the department, a manufacturer may provide the information required by this section to the department for a category or type of product or product component.
G. The department may waive the obligation of a manufacturer to submit all or part of the information required by this section if the department determines that substantially equivalent information is publicly available. The department may grant a waiver to a manufacturer or a group of manufacturers for multiple products or a product category.
H. The department may enter into an agreement with one or more states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirements of this section.
I. The department may extend the deadline for a manufacturer to submit the information required by this section upon a determination by the department that the circumstances merit an extension of time.
J. Within sixty days of receiving information from a manufacturer, the department shall notify the manufacturer that adequate information has been received or that additional information is required. A manufacturer shall submit to the department any additional information requested by the department within thirty days of the request.
K. The requirements of this section do not apply to products that are exempt pursuant to Subsection A of Section 3 [74-15-3 NMSA 1978] of the Per- and Poly-Fluoroalkyl Substances Protection Act.
Laws 2025, ch. 102, § 5.
NMSA 1978, § 74-15-6 Testing required; certificate of compliance; exemption
74-15-6. Testing required; certificate of compliance; exemption
A. If the department has reason to believe that a product containing an intentionally added per- or poly-fluoroalkyl substance is being sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, the department may direct the manufacturer of the product to, within thirty days, provide the department with testing results that demonstrate the amount of each per- or poly-fluoroalkyl substance in the product, identified by its chemical abstracts service registry number reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department.
B. If testing demonstrates that the product does not contain an intentionally added per- or poly-fluoroalkyl substance, the manufacturer shall provide the department with a certificate of compliance attesting that the product does not contain an intentionally added per- or poly-fluoroalkyl substance, the testing results and any other relevant information.
C. If testing demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance, the manufacturer shall:
(1) provide to the department, within thirty days, the information required for a product pursuant to the Per- and Poly-Fluoroalkyl Substances Protection Act or rules adopted pursuant to that act; and
(2) notify a person that sells, offers for sale, distributes or distributes the product for sale in this state that the product is prohibited in this state and provide the department with a list of the names and addresses of the people notified.
D. The department may notify a person that sells, offers for sale, distributes or distributes for sale in this state a product prohibited by the Per- and Poly-Fluoroalkyl Substances Protection Act or rules adopted pursuant to that act that the product is prohibited in this state.
E. The provisions of this section do not apply to a medical device or drug or the packaging of a medical device or drug that is regulated by the United States food and drug administration.
Laws 2025, ch. 102, § 6.
NMSA 1978, § 74-15-7 Enforcement; civil penalty
74-15-7. 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.
B. A manufacturer that fails to comply with an administrative order issued pursuant to the Per- and Poly- Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act may be assessed, pursuant to a court order, a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance.
C. Penalties and administrative costs imposed pursuant to this section are independent of any damages, remediation or cleanup costs, environmental restoration costs or other monetary or nonmonetary remedies that may be imposed by statute, rule or court decision.
D. In an action to enforce the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule or order adopted pursuant to that act, the department shall be represented by the attorney general or the department.
E. Penalties collected pursuant to this section shall be deposited in the recycling and illegal dumping fund.
Laws 2025, ch. 102, § 7.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18577/index.doFetched: 10/20/2026