The New Mexico Environmental Improvement Board (NMEIB) concluded its deliberations on March 23, 2026, on the New Mexico Environment Department’s (NMED) proposed rule implementing the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act. NMEIB adopted minor changes discussed during the hearing and approved NMED’s proposed rule. In its March 23, 2026, press release announcing NMEIB’s approval of the rule, NMED notes that “[u]nder the new rules, manufacturers must display a universal symbol on any product containing intentionally added PFAS.” As we previously reported, after issuing the proposed rule in October 2025, NMED revised the proposed rule in January 2026 and again in February 2026, before NMEIB’s hearing began on February 23, 2026. The redline version of the January 2026 revised proposed rule states that unless exempted under Section 20.13.2.13.B, after January 1, 2027, “a manufacturer may not sell, offer for sale, distribute, or distribute for sale manufacture for sale or distribution a product containing intentionally added per- or poly-fluoroalkyl substances unless the manufacturer does one of the following . . . .” NMED Exhibit 3, the testimony of Dr. Eric J. Chapman, Chief Science Coordinator for the Office of Strategic Initiatives housed in the Office of the Secretary of NMED, states that the January 2026 revised proposed rule includes important changes, including “[c]hanging language to allow greater flexibility in the timing of labeling requirements, a practical acknowledgement of the complexity in the supply chain and how products move through the supply chain. Instead of ‘after January 1, 2027, a manufacturer may not sell, offer for sale, distribute, or distribute for sale a product . . .” was changed to ‘after January 1, 2027, a manufacturer may not manufacture a product . . . .’” Under the February 2026 rebuttal proposed new rule, the label would include the symbol of an Erlenmeyer flask with the word “PFAS” inside the flask. While a label may include the following words directly adjacent to the flask, these phrases are not required: “This product is made with PFAS,” “Made with PFAS,” or “Contains PFAS.” NMED has stated that it intends to issue a final rule by July 1, 2026, leaving manufacturers little time to implement the labeling requirement. As revised in the January 2026 version of the proposed rule, the requirement to label products manufactured after January 1, 2027, offers a slight respite.
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