For product categories facing the Jan 1, 2027 sales ban (Phase 1), New Mexico gives manufacturers two early escape routes — but both have a hard Oct 31, 2026 deadline.
A manufacturer can petition NMED for a currently unavoidable use determination — an exemption for a product where PFAS is genuinely essential and no alternative exists. CUU proposals tied to the Jan 1, 2027 prohibitions are due Oct 31, 2026.
Getting a product out of the sales ban with an accepted CUU does not get it out of the labeling requirement or, except for a narrow FDA-regulated medical-device set, out of testing. California uses the same CUU concept; NM's version is subject to its own rules.
A manufacturer already labeling under a corresponding requirement in another state can submit that label to NMED with a narrative on how it meets the state's intent. A complete submission counts as compliance unless NMED objects in writing within 90 days. Label waiver requests also face the Oct 31, 2026 deadline for the Phase-1 window.
File through the official NMPRS portal. A January 1, 2027 failure to report additionally becomes an independent basis for prohibiting sales from Jan 1, 2028.
This page is an independent, unpaid informational guide. The authoritative source is the State of New Mexico Environment Department (NMED). Filing happens on the official, free NMPRS portal; label artwork is published free by NMED at env.nm.gov/pfas/manufacturers. Not legal advice.