Beginning January 1, 2027, products containing intentionally added PFAS generally must comply with New Mexico’s labeling requirements.
This is a press release from the Motorcycle Industry Council…
New Mexico’s final rulemaking implementing the state’s PFAS Protection Act includes exemptions for motor vehicles regulated under federal motor vehicle safety standards, including off-highway vehicles such as ATVs and side-by-sides. However, manufacturers of exempt products may still face labeling and disclosure requirements under the new rules.
The final rule exempts covered vehicle categories from New Mexico’s PFAS product prohibitions, reporting requirements, and currently unavoidable use provisions. Those exemptions are particularly significant because the law begins phasing in PFAS-related product prohibitions and reporting requirements for non-exempt products in January 2027.
“The vehicle exemptions are important, but manufacturers should not assume that an exemption from product prohibitions or reporting means there are no compliance obligations,” said Rachel McCarthy, Manager of State Affairs for the Motorcycle Industry Council. “New Mexico’s rules include labeling requirements that may still apply, so companies should review the final rule carefully.”
PFAS chemicals are used for their durability and resistance to heat, fuel, and moisture in a range of vehicle components and riding gear. While manufacturers are committed to finding alternatives, PFAS chemicals remain a currently unavoidable use in certain applications.
Beginning January 1, 2027, products containing intentionally added PFAS generally must comply with New Mexico’s labeling requirements. The rule includes separate provisions for complex durable goods, which may satisfy the requirement through disclosures in consumer-facing product specification sheets and operation and maintenance manuals. Manufacturers that submit labeling waiver requests by October 31, 2026, will be considered approved pending review, with final determinations issued by June 1, 2027. Companies should review the final rule and consult counsel to determine how the requirements apply to their products.
