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The New Mexico Environment Department (NMED) has posted frequently asked questions (FAQ) regarding New Mexico's Per- and Polyfluoroalkyl Substances (PFAS) Protection Act labeling requirements. As reported in our October 15, 2025, memorandum, NMED petitioned New Mexico's Environmental Improvement Board (EIB) to adopt a proposed rule to implement the PFAS Protection Act, including labeling requirements, and EIB voted to proceed with the rulemaking during its October 24, 2025, meeting. According to the FAQs, NMED has no plan to extend the January 1, 2027, deadline for the proposed labeling requirement. The FAQs include the following questions and answers regarding the proposed labeling exemption:
Q: Can you explain the labeling exemption for an exempt product? For example, for motor vehicles? If PFAS is in interiors, buttons, etc...
A: If the only intentionally added PFAS are on an internal component of a product that a consumer will not interact with when the product is used as intended, then the product is eligible for a labeling exemption. However, If PFAS was used in the interior which a consumer may interact with, labeling would be required on the vehicle.
Q: Does exemption eligibility depend on location of PFAS in the product?
A: Generally, yes. Labeling is to inform consumers if they would come into contact with material containing intentionally added PFAS while using the product as intended.
Q: For requesting an exemption from labeling, does NMED intend to offer a streamlined form/template? How long does NMED anticipate that the turnaround time will be to process a request for exemption from labelling?
A: NMED plans to implement this rule electronically (i.e., paperless process) which will improve implementation. Intake of such requests and responses will be electronic. NMED is currently developing this functionality.
Comments on NMED's proposed rule, including the proposed labeling requirements, are due March 31, 2026, by 4:00 p.m. (MST).
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