In a recent public hearing, the New Mexico Environmental Improvement Board began considering the proposed rules governing PFAS in Consumer Products. The proposed rules are part of the New Mexico PFAS Protection Act, which aims to phase out consumer products containing intentionally added PFAS in the state. The law requires the New Mexico Environment Department to establish rules that govern the processes and requirements for enforcing the new regulations through the Environmental Improvement Board.
The proposed rule is expected to have significant implications for various industries, including the RV industry. As part of the proposed rule, non-exempt manufacturers are required to report detailed information about PFAS content in their products by 2027. However, this requirement does not apply to motor vehicles, which include both motorized and towable RVs.
The New Mexico legislature included specific exemptions for categories of products that pose little to no risk of harm to consumers. Despite these exemptions, the proposed rule still requires PFAS labeling of all products, including those exempt under the law. The RV Industry Association has expressed concerns about this requirement, citing the complexity and diversity of the global supply chain used in RV manufacturing.
The RV Industry Association testified at the hearing, opposing the labeling requirement for RVs sold in New Mexico. As complex durable goods, RVs are subject to an enormous burden under the rule's labeling requirements, which can be as onerous as the reporting requirements from which RVs are exempt.
Under the proposed rule, RV manufacturers would be required to collect PFAS information on hundreds of parts and components and list them in an owner's manual, including their proximate location in the RV. The association has argued that this requirement is unnecessary, overly burdensome, and could cause confusion among consumers.
The RV Industry Association strongly recommended that RVs be excluded from the labeling provisions of the rule, consistent with the legislative intent providing for important exemptions. This would avoid unnecessary burdens on manufacturers and ensure compliance with the law without causing undue complexity or costs.
At the conclusion of the hearing by March 6, the Environmental Improvement Board will determine whether to approve the proposed rule and may request changes. A final rule is expected to be published in July 2026, which would require RV manufacturers to label RVs sold in New Mexico starting with the 2027 model year.
The RV Industry Association is also submitting written comments and continuing to advocate for a final rule that reflects the statute's exemptions and avoids unnecessary burdens on manufacturers. The association's efforts aim to ensure that the proposed rule aligns with the legislative intent and does not impose undue costs or complexity on the industry.
As the Environmental Improvement Board considers the proposed rule, it is essential to weigh the benefits of increased transparency against the potential costs and challenges for manufacturers. A balanced approach that reflects the statute's exemptions and minimizes unnecessary burdens will be crucial in ensuring compliance with the law while promoting public health and safety.
The proposed rule's labeling requirements for RVs pose significant challenges to manufacturers, who must navigate complex supply chains and ensure compliance with the law.
