On April 8, 2025, the Governor of U.S. New Mexico State signed Bill HB 212 (Per- and Poly-Fluoroalkyl Substances Protection Act) to regulate PFAS in products. 

The following products containing intentionally added PFAS shall not be sold, offered for sale, distributed, or distributed for sale in New Mexico by manufacture, directly or indirectly or through intermediaries, after the relevant effective date:

But there are 16 categories of products that are exempt from above prohibition. These products include:

1. A product for which federal law governs the presence of a PFAS in the product in a manner that preempts state authority
2. Used product 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 PFAS 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 products and its packaging intended for use in or on animals 
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 purpose 
12. A product that contains intentionally added PFAS 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 PFAS 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) 
15. A product for which the Environmental Improvement Board(EIB) has adopted a rule providing that the use of the PFAS in that product is a currently unavoidable use 
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

In addition, on or before 1 January 2027, the manufacturers of a product sold, offered for sale, distributed, or distributed for sale in New Mexico, directly or indirectly or through intermediaries, that contain an intentionally added PFAS shall submit to the Department of Environment the information that include: 

• A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product  
• The purpose for which PFAS are used in the product 
• The amount of each PFAS in the product 
• The name, address, and phone number of the manufacturer (and the contact person) 
• Any additional information requested. 

Note: 

1. “Cook ware” means a durable houseware items intended for direct food contact and used to prepare, dispense or store food, foodstuffs or beverages.
2. “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. 
3. “Upholstered furniture” means furniture that is wholly or partially stuffed with a filling material.

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