New Mexico Posts Guidance and FAQs for Reporting and Labeling Requirements for Products Containing Intentionally Added PFAS

The New Mexico Environment Department (NMED) has updated its website to include information on per- and polyfluoroalkyl substances (PFAS) in products for consumers, businesses, and manufacturers. As reported in our May 4, 2026, memorandum, New Mexico recently enacted a final rule that includes prohibitions for certain consumer products containing intentionally added PFAS in 2027 and 2028; reporting on products containing intentionally added PFAS due January 1, 2027; a labeling requirement for products containing intentionally added PFAS manufactured after January 1, 2027; and a 2032 prohibition on products containing intentionally added PFAS that are not exempt or have a currently unavoidable use (CUU) determination. The final rule was effective July 1, 2026. This memorandum focuses on the guidance and frequently asked questions (FAQ) posted on the manufacturers page.

Labeling Guidance

The July 2026 Labeling Guidance for Consumer Products With Intentionally Added PFAS in New Mexico: Requirements and Best Practices for Complying With the Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act and 20.13.2 NMAC (Labeling Guidance) states that it is provided “to assist manufacturers in complying with New Mexico’s requirements for labeling consumer products containing intentionally added PFAS and may summarize or paraphrase some text from that rule.” The Labeling Guidance directs manufacturers with specific questions to reference the original text of the PFAS Protection Act and the accompanying requirements found in 20.13.2 of the New Mexico Administrative Code (NMAC). The content provided in the Labeling Guidance “is for informational purposes only and does not constitute legal advice.” The Labeling Guidance states that stakeholders should “[c]onsult a licensed attorney for specific legal needs.” The Labeling Guidance notes that it includes labeling best practices and recommendations to promote consistency in labeling practices to communicate better the meaning of the label to consumers and other purchasers.

Consumer Product Labeling

According to the Labeling Guidance, by January 1, 2027, all consumer products containing intentionally added PFAS manufactured to be sold in New Mexico must adhere to the following labeling requirements, unless: (1) the product falls within one of a few product categories that are exempt from labeling; or (2) is a complex durable good and must adhere to separate requirements:

• Consumer products must include a label that is an image of an Erlenmeyer flask with the word “PFAS” inside the flask;

• The label must be affixed to the product such that the label is clearly visible and legible to a consumer or other purchaser prior to sale;

• The label must be displayed with such conspicuousness as compared with other words, statements, design, or devices on the product as to render the label likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use;

• The PFAS text inside the flask shall be no smaller than the largest font used for other consumer information (e.g., disclosures, warnings, directions for use, and ingredient lists) on the product;

• Labels affixed to products must be printed, mounted, molded, engraved, embossed, or otherwise affixed to the product;

• If the product is sold in consumer packaging that obscures the label on the product, then the consumer packaging must also be labeled in the same manner as described above;

• Where a consumer or other purchaser is unable to view the label on the product or consumer packaging at the time of purchase or receipt, such as in catalog or online sales transactions that occur over the internet or telephone, the manufacturer or retailer shall, prior to sale or distribution, clearly include the labeling information to the prospective consumer prior to purchase; and

• The manufacturer is primarily responsible for labeling, but a wholesaler or retailer may agree, in writing, to label products or packaging in lieu of the manufacturer. A retailer that re-packages the labeled product must relabel the new packaging.

Complex Durable Good Labeling

Complex durable goods, defined by the final rule as products that are manufactured goods composed of 100 or more manufactured components, with an intended useful life of five or more years, where the products are typically not consumed, destroyed, or discarded after a single use, must adhere to separate labeling requirements. The Labeling Guidance notes that while use of the PFAS label imagery is still required, “the PFAS label does not need to be affixed to the product itself; rather, the label must be included in consumer-facing specification sheets and operations and maintenance manuals (commonly referred to as the owner’s manual, user manual, technical manual, service manual, maintenance manual, or instruction manual) associated with the complex durable good.” The following requirements and best practices apply to PFAS labeling for complex durable goods:

Requirements

• The PFAS label is required on consumer-facing product specification sheets available to potential consumers prior to purchase, including product specification sheets available to view or download online.

• The PFAS label is required on consumer-facing operations and maintenance manuals.

• PFAS lettering inside the flask must be minimum ten-point font.

Best Practices

• Manufacturers of complex durable goods should also consider including the PFAS label on other consumer-facing materials, such as sales brochures, internet web pages, and other guides associated with purchasing, installation, use, and maintenance of the product.

• It is recommended that the PFAS label be placed in proximity to other environmental and public health warnings and disclosures.

Labeling Exemptions

The following products are exempt from the labeling requirement:

• Used products for resale;

• Pesticides for which labeling requirements are preempted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. Section 136v, or for which labeling requirements currently exist at 40 C.F.R. Section 156.10;

• 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.

Label Waivers

Manufacturers may request a label waiver for a product or product class if:

• The product belongs to a product category that is exempt from the reporting and prohibition requirements; and

• The manufacturer can demonstrate that none of the product’s material containing intentionally added PFAS will ever come in direct contact with a consumer while the product is being used as intended throughout its useful life.

Labeling waiver requests are due October 31, 2026. According to the final rule, waiver requests will be considered approved pending review, and NMED will issue a final determination of whether to approve or deny the request by June 1, 2027. If NMED denies the waiver request, a manufacturer must label a product for sale or distribution within 90 days of the label waiver denial; products that have already been manufactured up to the date of denial may be sold without a label. Approved label waiver requests will expire three years after approval.

Labeling Enforcement

The Labeling Guidance states that enforcement actions can be supported through product testing to identify the presence of intentionally added PFAS. NMED may test or require a manufacturer to test a product “when there is reasonable suspicion that the manufacturer has not complied with labeling requirements and the manufacturer continues to sell the product in New Mexico.” According to the Labeling Guidance, a manufacturer that does not appropriately label a product “can be assessed a civil penalty of up to $15,000 in addition to administrative costs that NMED incurs to enforce the labeling requirements.” If a manufacturer fails to take corrective action, such as by appropriately labeling products or by removing the non-compliant products from sale or distribution in New Mexico, NMED can assess a civil penalty of up to $25,000 for each day of continued non-compliance.

Reporting Requirements

Manufacturers are required to fulfill New Mexico’s reporting requirements using the New Mexico PFAS Reporting System (NMPRS). NMED has posted reporting guidance.

FAQs

Only some of the FAQs are reproduced below. Stakeholders should review NMED’s website for the complete list.

Reporting

Commentary

Companies have less than six months before they must begin labeling consumer products containing intentionally added PFAS. While NMED revised the rule during the administrative hearing process and states in the FAQs that products manufactured before January 1, 2027, may continue to be sold without a label, companies will need to move quickly to label their consumer products and packaging. As we reported earlier this month, challenges to New Mexico’s final rule have been filed in the New Mexico Court of Appeals and the U.S. District Court for the District of New Mexico.

While we admittedly have Minnesota on the brain, given that its reporting deadline of September 15, 2026, is fast approaching, we would have appreciated reference to reports made to Minnesota. New Mexico’s guidance and FAQs do not address whether NMED will upload reports made to Minnesota through its PFAS Reporting Information System for Manufacturers (PRISM) into NMPRS, and there may be good reason for NMED not to do so. We previously noted that Minnesota and New Mexico have different definitions of intentionally added, meaning that Minnesota does not require that byproducts be reported while New Mexico does, so it is possible that companies will need to report information to New Mexico that is not required by Minnesota. Minnesota and New Mexico also have different reporting ranges, and companies should carefully review New Mexico’s final rule and the reporting ranges within it to ensure that they report the smallest range possible. At this time, the reporting template is not available from NMPRS, and we cannot confirm whether it will be identical to Minnesota’s. Based on the information available to date, companies reporting to Minnesota will need either to request a reporting waiver from NMED or to report to New Mexico by January 1, 2027.

And as soon as reporting is complete in New Mexico, updated reports will be due in Minnesota by February 1, 2027.