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On January 16, 2026, the New Mexico Environment Department (NMED) posted docket materials related to the New Mexico Environmental Improvement Board's (NMEIB) February 23, 2026, rulemaking hearing on per- and polyfluoroalkyl substances (PFAS) in consumer products. The materials include clean and redline versions of a revised proposed rule. The revisions would:
- Exempt pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) from the reporting and prohibition requirements.
- Add exemptions to the labeling requirement for:
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- Products for which labeling requirements are preempted pursuant to FIFRA, or for which labeling requirements currently exist at 40 C.F.R. Section 156.10;
- Veterinary products, including veterinary parasiticides and veterinary biologics, and the packaging of veterinary products regulated by the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture (USDA), or the U.S. Environmental Protection Agency (EPA); and
- Medical devices, drugs, and the packaging of medical devices and drugs regulated by FDA.
- Add the following wording as acceptable labeling: "This product is made with PFAS," "Made with PFAS," or "Contains PFAS."
- Clarify that complete label waiver requests received by October 31, 2026, would be considered approved pending review and NMED would issue a final determination whether to approve or deny the request by June 1, 2027. If NMED denies a label request, a manufacturer must label a product within 90 days of the denials. Products manufactured prior to the date of denial could still be sold without a label. Approved label waivers would expire three years after approval.
- Specify that the fee to apply for a label waiver for a product would be $2,000 and for a product class would be $5,000.
More information on the October 2025 proposed rule is available in our October 15, 2025, memorandum.
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.
