On October 8, 2025, the New Mexico Environment Department (NMED)
proposed new regulations to implement the
state’s PFAS Protection Act, enacted earlier this
year. The proposed rules are now pending review by the state’s
Environmental Improvement Board, which will decide whether to adopt
them.

If finalized, the rule would impose broad labeling requirements
for products containing intentionally added PFAS. Beginning January
1, 2027, manufacturers would be required to label such products to
inform consumers of the presence of PFAS. The label must be
conspicuous and durable, use words and symbols approved by NMED,
and be provided in both English and Spanish. Where product labels
are obscured by packaging, the packaging itself must display the
required labeling. Additionally, packaging must provide the website
for NMED’s PFAS page.

Labeling requirements would differ for “complex durable
goods,” defined as goods composed of 100 or more manufactured
components, with an intended useful life of five or more years,
where the product is typically not consumed, destroyed or discarded
after a single use. For these goods, PFAS information would be
required in the product’s specification sheet and operation and
maintenance manuals. The manual must also identify specific product
components containing intentionally added PFAS and their locations
within the product.

NMED provided draft labels with its proposed rule, noting that
the labels “are not final and may change before finalization
of the rules.”

NMED’s draft label for products containing intentionally
added PFAS.

NMED’s draft label for consumer packaging of
products

containing intentionally added PFAS.

In addition to labeling, the proposed rule sets forth reporting
and testing obligations. Beginning January 1, 2027, manufacturers
would be required to provide NMED information about the amount and
purpose of intentionally added PFAS in their products. This
reporting would include the percentage concentration of each PFAS
substance present and documentation verifying the analytical method
results. If NMED reasonably suspects that a product contains
intentionally added PFAS and has not met reporting or labeling
requirements, the department would have the authority to require
testing or conduct testing itself. Under the proposed rule,
violations of PFAS obligations would be subject to civil penalties
of up to $15,000 per day.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.