The "Per- and Poly-Fluoroalkyl Substances Protection Act" seeks to ban the sale and distribution of products containing intentionally added per- or poly-fluoroalkyl substances (PFAS) in New Mexico, with specific categories such as cookware, food packaging, dental floss, juvenile products, and firefighting foam prohibited starting January 1, 2027. Additional categories, including carpets, cleaning products, and cosmetics, will be phased out by January 1, 2028. The Environmental Improvement Board is granted the authority to adopt further regulations to restrict additional consumer products containing PFAS based on their potential risks to human health and the environment.
The bill also enhances the regulatory framework by allowing the Department of Environment to waive information submission requirements for manufacturers if equivalent information is publicly available and to enter agreements with other states for information collection. Manufacturers must disclose details about PFAS in their products and notify sellers if a product is prohibited due to PFAS content. Enforcement mechanisms include civil penalties for violations, with fines reaching up to $15,000 for violations and $25,000 for noncompliance with orders, with funds directed to the recycling and illegal dumping fund. Notably, the provisions do not apply to medical devices or drugs regulated by the FDA.