§ 74-15-2 — Definitions

New Mexico § 74-15-2

• Jurisdiction: New Mexico
• Ch. 74: Environmental Improvement
• Art. 15: Per- and Poly-Fluoroalkyl Substances Protection

Text

As used in the Per- and Poly-Fluoroalkyl Substances Protection Act: A. "board" means the environmental improvement board; B. "carpet or rug" means a fabric marketed or intended for use as a floor covering; C. "chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown of products of the substance or substances that form through decomposition, degradation or metabolism; D. "cleaning product" means a finished product used for general cleaning purposes, including: (1) a polish or floor maintenance product; (2) an air care product labeled for the intended use of enhancing or conditioning the indoor environment by eliminating unpleasant odors or freshening the air; and (3) an automotive maintenance product labeled for the intended use of maintaining the appearance of a motor vehicle, but does not include automotive paint or paint repair products; E. "consumer product" means a tangible personal property that is distributed in commerce and normally used for personal, family or household use, including product categories that are normally used in households but designed for or sold to businesses, such as commercial carpet or floor waxes; F. "cookware" means durable houseware items intended for direct food contact and used to prepare, dispense or store food, foodstuffs or beverages; G. "cosmetic" means a product or product component, other than soap, intended to be applied to the human body for cleansing, beautifying or promoting attractiveness; H. "currently unavoidable use" means a use of a per- or poly-fluoroalkyl substance that the board has determined by rule to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available; I. "department" means the department of environment; J. "fabric treatment" means a substance applied to fabric for stain, grease or water resistance or flame retardance; K. "feminine hygiene product" means a disposable or reusable product to collect menstruation and vaginal discharge, including tampons, pads, sponges, menstruation underwear, discs, applicators and menstruation cups; L. "firefighting foam" means an aqueous film-forming foam containing an intentionally added per- or poly-fluoroalkyl substance; M. "food packaging" means a container, unit package, intermediate package or shipping container applied to or providing a means to market, protect, handle, deliver, serve, contain or store a food or beverage, including an individual assembled part of a food package; N. "intentionally added" means a per- or poly-fluoroalkyl substance deliberately added or used during the manufacture of a product where the continued presence, at any level or concentration, of the per- or poly-fluoroalkyl substance is desired or expected in the final product or one of the product's components; O. "juvenile product" means a product designed or marketed for use by children under twelve years old, including children's car seats, clothing and toys, but does not include an electronic product, including: (1) personal computers and any associated equipment; (2) audio and video equipment; (3) calculators; (4) wireless phones; (5) gaming consoles; (6) handheld devices incorporating a video screen; and (7) any associated peripheral device, such as a mouse, keyboard, power supply unit or power cord; P. "manufacturer" means: (1) a person, a firm, an association, a partnership, a corporation, an organization or a combination or a joint venture that creates, produces or assembles a product or whose brand name is affixed to a product; or (2) in the case of a product imported into the United States, an importer or first domestic distributor of the product; provided that the entity or person that created, produced or assembled the product or whose brand name is affixed to the product does not have an office or employees in the United States; Q. "medical device" means an instrument, an apparatus, an implement, a machine, an implant, an in vitro reagent or other similar or related device, including any component or accessory, that is a product regulated as a drug or medical device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq.: (1) recognized in an official compendium; (2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in a human or an animal; or (3) intended to affect the structure or function of the body of a human or an animal and that does not achieve its principal intended purposes through chemical action within or on the body of a human or an animal and that is not dependent on being metabolized for achievement of its principal intended purpose; R. "official compendium" means a comprehensive, authoritative listing of recognized medical devices, including listings published by a federal regulatory body, which detail specifications standards, and accepted uses of medical devices; S. "per- or poly-fluoroalkyl substance" means a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom; T. "product" means an item created, produced, assembled, packaged or otherwise prepared for sale to a consumer, including a product component sold or distributed for personal, residential, commercial or industrial use or for use in making a product; U. "ski wax" means a lubricant applied to the bottom of a snow runner, including a ski or snowboard, to improve grip or glide properties and includes associated tuning products; V. "textile" means an item made in whole or in part from a natural or synthetic fiber, yarn or fabric, including leather, cotton, silk, jute, hemp, wool, viscose, nylon or polyester; W. "textile furnishings" means a textile product made in whole or part from a natural or synthetic fiber, yarn or fabric that is used as furniture or a decorative accessory; and X. "upholstered furniture" means furniture that is wholly or partially stuffed with a filling material.

Legislative History

Laws 2025, ch. 102, § 2.