New Mexico Posts Public Involvement Plan For PFAS Rulemaking

The New Mexico Environment Department (NMED) has posted a Public Involvement Plan (PIP) for implementing the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act (HB 212). Effective October 8, 2025, the PIP provides public participation opportunities and information needed for the community to engage in rulemaking, enforcement, and policy development under the Act. The PIP also identifies information about affected communities and resources needed by NMED to incorporate public participation into the decision-making process. According to the PIP, implementing the Act will involve multiple stages of public participation, including rulemaking hearings, stakeholder meetings, and opportunities for comment on reporting requirements, enforcement, currently unavoidable use (CUU) exemptions, labeling requirements, penalties, fees, and enforcement provisions. The PIP notes that public participation activities required by statute or regulation are mandatory and subject to deadlines set forth by the Act and related NMED Environmental Improvement Board (EIB) rulemakings. The PIP states that NMED "will supplement required activities with additional outreach to ensure transparency." The PIP includes the following upcoming activities:

• Informational public webinar — October 22, 2025;

• EIB meeting to decide hearing — October 24, 2025;

• Public hearing notice — To be determined (TBD);

• Public comment period starts (60 days) — TBD, estimated December 20, 2025;

• EIB public hearing — TBD, estimated February 18, 2026; and

• Final rules — By June 30, 2026.

NMED held a stakeholder webinar on the labeling requirement on September 25, 2025. NMED has posted the slides and a recording of the webinar. Under the Act, EIB "may" adopt rules to implement the Act, "including requiring the labeling of products in English and Spanish." The slides include the following overview of the labeling requirement, stating that as of January 1, 2027:

• A product must be labeled to inform consumers that a product contains intentionally added PFAS, using words and symbols provided by NMED;

• Must be legible prior to sale and displayed with such conspicuousness as compared with other words to render it likely to be seen, read, and understood;

• Must be affixed using materials and methods that are sufficiently durable to remain legible for the useful life of the product;

• Not applicable to complex durable goods; other requirements apply to those products; and

• Used products are exempted.

During the webinar, NMED stated that the labeling requirement would apply to all products containing intentionally added PFAS, even though the Act exempts certain products from prohibition and reporting, including products containing fluoropolymers, and products having a CUU determination. NMED is considering allowing manufacturers of products exempt from prohibition and reporting to request an exemption from the labeling requirements in cases where the manufacturer can demonstrate that consumers will not come into direct contact with the intentionally added PFAS. The slides include a link to submit comments to NMED, with a due date of 4:00 p.m. (MST) on March 31, 2026. More information on New Mexico's PFAS Protection Act is available in our April 11, 2025, memorandum.