By Hannah Grover

New Mexico could follow the lead of approximately a dozen other states and restrict the sale or manufacturing of various household products including carpets, feminine hygiene products, cookware and cosmetics made with PFAS chemicals.

“Intentionally added PFAS in consumer goods are showing up at our breakfast tables, our kitchen tables, in our breakfast burritos, in our pepitas,” New Mexico Environment Department Secretary James Kenney said.

He said until New Mexico “takes a stance with the 13 other states” that have already passed laws restricting PFAS in consumer goods, the federal government “is off the hook.”

“We think the federal government would be best at regulating PFAS in consumer products,” Kenney said. “But until that time, we want to join the other states to protect our consumers, protect our families, to protect our water, to protect our land, and this is the way we’re going about doing it.”

Three Democratic House members — Joanne Ferrary of Las Cruces, Debra Sariñana of Albuquerque and Kathleen Cates of Rio Rancho — introduced HB 212 this week. 

The bill is similar to Amara’s Law in Minnesota, as well as legislation passed in other states to restrict PFAS.

Amara’s Law was named for a young woman who developed a rare type of liver cancer after living near a 3M facility, which manufactured products containing PFAS. Amara Strand spent the last months of her life pushing for the legislation, which went into effect on Jan. 1 of this year.

PFAS — also known as forever chemicals — have been linked to various health impacts including cancer, pre-term births, increased risks of infection and some types of liver disease.

One way that New Mexico’s legislation differs from those in other states is that it allows manufacturers to set up producer responsibility organizations. These organizations would be tasked with ensuring products containing PFAS are properly disposed of. Kenney said producers will have the choice of either removing PFAS from their household products altogether or forming a producer responsibility organization to take responsibility for disposal of those household products.

HB 212 refers to these organizations as stewardship programs and states the Environmental Improvement Board can “create, enforce or terminate a [PFAS] stewardship program.”

While New Mexico doesn’t have someone like Strand to name its bill after, there are still plenty of stories around the state about how PFAS has impacted communities. 

Many of those stories are from communities neighboring military bases. Officials are also addressing high levels of PFAS in drinking water wells near Santa Fe, though the source of that contamination has not yet been confirmed.

Kenney said PFAS chemicals have also been found at Ski Apache in Ruidoso due to the use of such substances in certain types of ski wax.

He said some communities are also experiencing high PFAS levels due to septic tanks.

“The more we look, the more we find, and our ability to look is limited by our own budget,” Kenney said.

The environment department has conducted blood testing in the Clovis area and has urged hunters who have consumed waterfowl from Holloman Lake to get their blood tested. The PFAS contamination in those areas is due to firefighting exercises at nearby military bases. The firefighting foam used in training contained PFAS.

Kenney said HB 212 will not restrict PFAS in firefighting foams because the bill is intended to target household products and, generally, New Mexicans will not be bringing firefighting foams into their houses.

The restrictions in HB 212 would be implemented in two phases. The first phase, which would go into effect in 2027, prohibits the sale of products such as cookware, food packaging, dental floss and juvenile products containing PFAS.

Kenney explained that those products have the potential of PFAS being ingested by consumers, which has higher risks associated with it than skin contact.

In 2028, the bill would prevent the sale of products such as carpets, rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax and upholstered furniture.

Kenney said right now consumers can walk into stores and purchase products that say they are non-toxic but actually contain PFAS.

“People who are not familiar with this topic are being told that the things they’re bringing into their home are safe,” he said.

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