The New Mexico Environment Improvement Board has incorporated several proposed rule changes regarding labeling and reporting requirements under the PFAS Protection Act (SB 212). These changes reflect feedback provided by The Toy Association and other stakeholders during the rulemaking process, which will now move to the New Mexico Environment Department (NMED) for final administrative steps and publication ahead of the June 30 deadline.

Passed last year, New Mexico’s SB 212 prohibits the sale of toys containing intentionally added per- and polyfluoroalkyl substances (PFAS) beginning January 1, 2027, unless the product qualifies for an exemption. “Intentionally added PFAS” is defined as substances deliberately used during manufacturing where their presence is desired or expected in the final product. Exemptions from the ban include fluoropolymers and currently unavoidable uses, though those products remain subject to labeling and reporting requirements under the rule.

The Board-approved rules include several notable changes from the original draft, including:

• Revised timeline: Labeling and reporting requirements will now apply only to products manufactured on or after January 1, 2027, rather than all products sold after that date.


• Product class exemptions: Manufacturers may apply for labeling exemptions on a product class basis, rather than on a SKU-by-SKU basis as initially proposed.

Additional details, including how the labeling exemption process will function, are expected as NMED finalizes and publishes the rules.  

The Toy Association will continue to keep the industry apprised of developments regarding state regulations. For more information on The Toy Association’s advocacy initiatives at the state level or to join the State Government Affairs Committee, members may contact Charlotte Hickcox, director of state government affairs (Eastern states) and Lindsey Hueer, senior manager of state government affairs (Western states).