The PFAS Protection Act, passed in the 2025 Legislative Session, phases out consumer products with intentionally-added PFAS, making sure forever chemicals don’t find their way into New Mexicans’ homes.
Starting January 1, 2027, products such as cookware, food packaging, dental floss, juvenile products, and firefighting foam are banned. On January 1, 2028, it expands to include carpets, cleaning items, cosmetics, fabrics, feminine hygiene products, textiles, ski wax, upholstered furniture, By January 1, 2032, virtually all non‑exempt products containing intentionally added PFAS are prohibited unless deemed a “currently unavoidable use” by the Environmental Improvement Board.
Manufacturers must also begin reporting detailed information about PFAS content in their products by 2027. The legislation includes important exemptions and enforcement provisions — such medical devices and electronic — where PFAS is essential and does not pose serious harm to those using the products.
In addition, all products that contain PFAS that are manufactured after January 1, 2027.
Rulemaking Process and Engagement Opportunities
The PFAS Protection Act authorized the Environmental Improvement Board (EIB) to adopt rules that govern the processes, requirements, and enforcement of the PFAS Protection Act.
The Environmental Improvement Board adopted the Final Rule implementing the PFAS Protection Act. The Final Rule was published in the New Mexico Register on May 5, 2026, and they can be viewed here.
As part of the rulemaking process, NMED held a series of public engagements to allow New Mexicans to ask learn and ask questions about the PFAS Protection Act:
- Stakeholder Webinar — Thursday, September 25, 2025
- Public Informational Webinar — Wednesday, October 22, 2025 at 1 p.m. MT
- NMED Presentation at NMSU PFAS Event — Friday, May 1, 2026