NMSA 74-15-6. Testing required; certificate of compliance; exemption
AI-assisted research summary: The department can require a manufacturer to submit PFAS test results, and the manufacturer must file a compliance certificate or other required information depending on the test outcome.
74-15-6. Testing required; certificate of compliance; exemption. A. If the department has reason to believe that a product containing an intentionally added per- or poly-fluoroalkyl substance is being sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, the department may direct the manufacturer of the product to, within thirty days, provide the department with testing results that demonstrate the amount of each per- or poly- fluoroalkyl substance in the product, identified by its chemical abstracts service registry number reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department. B. If testing demonstrates that the product does not contain an intentionally added per- or poly-fluoroalkyl substance, the manufacturer shall provide the department with a certificate of compliance attesting that the product does not contain an intentionally added per- or poly-fluoroalkyl substance, the testing results and any other relevant information. C. If testing demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance, the manufacturer shall: (1) provide to the department, within thirty days, the information required for a product pursuant to the Per- and Poly-Fluoroalkyl Substances Protection Act or rules adopted pursuant to that act; and (2) notify a person that sells, offers for sale, distributes or distributes the product for sale in this state that the product is prohibited in this state and provide the department with a list of the names and addresses of the people notified. D. The department may notify a person that sells, offers for sale, distributes or distributes for sale in this state a product prohibited by the Per- and Poly-Fluoroalkyl Substances Protection Act or rules adopted pursuant to that act that the product is prohibited in this state. E. The provisions of this section do not apply to a medical device or drug or the packaging of a medical device or drug that is regulated by the United States food and drug administration. History: Laws 2025, ch. 102, § 6.