New Mexico PFAS Labeling Requirements: What You Need to Know

Disclaimer: This information is provided for educational purposes only and does not constitute legal or regulatory advice. The information is current as of the date of publication and may become outdated as regulations evolve. Assent makes no representation that the content will remain accurate after this date. No third-party or commercial use is permitted without Assent’s consent. This information is based on New Mexico’s adopted rule text for 20.13.2 NMAC and related publicly available agency materials. Because the rule’s codification status, implementation, and enforcement may change, organizations should consult the final adopted rule text, official agency guidance, and qualified counsel.

The New Mexico Environmental Improvement Board has adopted 20.13.2 NMAC, effective July 1, 2026. This rule imposes broad PFAS restrictions, reporting requirements, and labeling requirements. 

After January 1, 2027, in-scope manufacturers may not manufacture for sale or distribution a product containing intentionally added PFAS unless it is labeled in accordance with the rule or the manufacturer submits documentation to the department showing that the product is labeled consistently with another state’s corresponding labeling requirements.

These new PFAS compliance requirements apply broadly across industries and signal the continuing momentum toward greater transparency in PFAS regulatory compliance.

What Are New Mexico’s PFAS Labeling Requirements?

The label must include a state-approved symbol of an Erlenmeyer flask with the text “PFAS” inside. For standard products, the label must be:

• Visible prior to purchase in a conspicuous location
• No smaller than the largest font used for other consumer information on the product
• Printed, mounted, molded, engraved, embossed, or otherwise affixed to the product

For products where packaging obscures the label on the product, the packaging must also be labeled.

For catalog, online, or telephone sales where the consumer cannot view the product or packaging label at purchase, the manufacturer or retailer must clearly provide the label or equivalent disclosure prior to purchase.

For complex durable goods (products designed to last more than five years with over 100 parts) manufacturers must include the PFAS label in consumer-facing technical documentation that is viewable prior to sale rather than on the product itself. The label must also appear in the consumer-facing operation and maintenance manual. This approach still requires accurate PFAS identification and traceability across the supply chain.

Who Must Comply With PFAS Labeling Requirements in New Mexico?

New Mexico’s PFAS requirements apply to manufacturers of in-scope products sold or distributed into New Mexico.

Labeling Exemptions

• Used products offered for sale or resale
• Products for which labeling requirements are preempted under FIFRA or for which labeling requirements currently exist at 40 C.F.R. 156.10
• Veterinary products regulated by the U.S. Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA), or the U.S. Environmental Protection Agency (EPA) 
• Medical devices, drugs, and their packaging, regulated by the U.S. FDA

Specialty Exemption Waivers

The department may waive the obligation of a manufacturer to label a product or product class if: 

• The product falls within an exemption from the rule’s reporting and sale-restriction requirements; and
• A consumer will not come into direct contact with the PFAS-containing material during intended use over the useful life of the product

These waiver requests must include specific information about the product and the PFAS it contains and have associated application fees. Approved requests are valid for three years. 

Beyond Labeling: Sales Bans & Reporting Requirements in New Mexico

In addition to establishing labeling requirements, New Mexico is phasing in sales restrictions for products containing intentionally added PFAS. Unless otherwise exempt, a manufacturer may not sell, offer for sale, distribute, or distribute for sale in New Mexico, directly or indirectly or through intermediaries, any of the following products:

Beginning January 1, 2027:

• Cookware
• Food packaging
• Dental floss
• Juvenile products
• Firefighting foam

Beginning January 1, 2028:

• Carpets or rugs
• Cleaning products
• Cosmetics
• Fabric treatments
• Feminine hygiene products
• Textiles
• Textile furnishings
• Ski wax
• Upholstered furniture

Beginning January 1, 2032:

• All non-exempt products containing intentionally added PFAS, unless the Environmental Improvement Board has adopted a rule determining a currently unavoidable use (CUU)

Reporting Requirements

Beginning January 1, 2027, manufacturers of non-exempt products containing intentionally added PFAS that are sold or distributed in New Mexico must submit reports to the state. The report will require information about the product, including:

• A brief description of the product
• The identity, concentration, and function of the intentionally added PFAS
• The name and address of the manufacturer
• The name, address, and phone number of a contact person for the manufacturer

Reporting Exemptions

The exemptions applicable to the sales restrictions and reporting requirements differ from the labeling exemptions and are broader. They include, among other categories, certain motor vehicles, certain non-consumer electronics, and certain fluoropolymers. Consult the rule text for the full exemption list.

How to Meet PFAS Compliance Requirements Before 2027

Achieving PFAS compliance requires coordination across product design, sourcing, and regulatory teams.

Steps to achieve PFAS compliance:

1. Identify PFAS in products.
2. Map where intentionally added PFAS exist across materials and components.
3. Collect supplier declarations.
4. Gather PFAS compliance statements and validate supplier data.
5. Conduct PFAS risk assessments.
6. Prioritize high-risk products and categories.
7. Implement labeling processes.
8. Define how labels will be applied across physical and digital channels.
9. Maintain ongoing PFAS management.
10. Keep data updated as suppliers and product designs change.

Without a structured approach, scaling PFAS compliance across large product portfolios becomes difficult. This is where purpose-built PFAS compliance solutions play a critical role. Assent’s PFAS Identification solution helps manufacturers systematically identify PFAS across the supply chain by engaging suppliers, collecting validated data, and standardizing compliance documentation. By centralizing PFAS declarations and enabling continuous data updates, teams can more efficiently assess risk, support labeling decisions, and maintain ongoing PFAS regulatory compliance as requirements evolve.

PFAS Regulations Are Expanding Beyond New Mexico

New Mexico is not acting in isolation. This new PFAS labeling requirement reflects a broader shift in PFAS regulations across the U.S.

States are moving faster than the federal government is under the Toxic Substances Control Act (TSCA). They are introducing their own PFAS requirements by state that include reporting mandates and restrictions on intentionally added PFAS in products. This has created a fragmented, state-by-state compliance landscape.

States like Maine and Minnesota are implementing broad PFAS reporting and phased restrictions, while others are introducing labeling requirements for specific product categories.

What stands out about New Mexico’s rule is the breadth of its labeling framework and its use of a universal symbol for products containing intentionally added PFAS. This signals a shift toward more visible, product-level transparency.

For manufacturers, the takeaway is clear: PFAS compliance requirements are expanding in both scope and complexity. Companies should treat New Mexico as a leading indicator of where PFAS regulatory compliance is heading and prepare for continued regulatory growth across the U.S.

The Bottom Line

New Mexico PFAS labeling requirements mark a shift in how PFAS regulations are enforced. They are moving from reporting toward visible, product-level disclosure. With the 2027 deadline approaching, manufacturers need more than a reactive approach. They need accurate PFAS identification, reliable supplier data, and scalable processes to support ongoing PFAS compliance requirements.

Assent’s PFAS Identification solution is designed to support this shift. By enabling companies to identify PFAS across their supply chains, collect validated supplier declarations, and maintain up-to-date compliance data, teams can move from manual, fragmented efforts to a more structured and defensible approach.

Organizations that act now will reduce compliance risk and be better equipped to meet future PFAS regulations with confidence.

Make sure you can meet New Mexico PFAS labeling requirements and protect your market access. Contact Assent, and we’ll show you how to streamline your PFAS program and collect supplier data more efficiently.