substances; exemptions. A. Subsections B through F of this section do not apply to:
(1)a product for which federal law governs the presence of a per- or poly- fluoroalkyl substance in the product in a manner that preempts state authority;
(2)used products offered for sale or resale;
(3)medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States food and drug administration, including prosthetic and orthotic devices;
(4)cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added per- or poly-fluoroalkyl substances or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable to narrowed use limits by the United States environmental protection agency pursuant
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substances; exemptions. A. Subsections B through F of this section do not apply to: (1) a product for which federal law governs the presence of a per- or poly- fluoroalkyl substance in the product in a manner that preempts state authority; (2) used products offered for sale or resale; (3) medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States food and drug administration, including prosthetic and orthotic devices; (4) cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added per- or poly-fluoroalkyl substances or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable to narrowed use limits by the United States environmental protection agency pursuant to the significant new alternatives policy program, 40 Code of Federal Regulations, Part 82, Subpart G and sold, offered for sale or distributed for sale for the use for which the refrigerant is listed pursuant to that program; (5) a veterinary product and its packaging intended for use in or on animals, including diagnostic equipment or test kits and the veterinary product's components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of: (a) the United States food and drug administration; (b) the United States department of agriculture pursuant to the federal Virus- Serum-Toxin Act; or (c) the United States environmental protection agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, except that any such products approved by the United States environmental protection agency pursuant to that law for aerial and land application are not exempt from this section; (6) a product developed or manufactured for the purpose of public health or environmental or water quality testing; (7) a motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard, as defined in 49 United States Code, Section 30102(a)(10), except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products; (8) any other motor vehicle, including an off-highway vehicle or a specialty motor vehicle, such as an all-terrain vehicle, a side-by-side vehicle, farm equipment or a personal assistive mobility device; (9) a watercraft, an aircraft, a lighter-than-air aircraft or a seaplane; (10) a semiconductor, including semiconductors incorporated in electronic equipment, and materials used in the manufacture of semiconductors; (11) non-consumer electronics and non-consumer laboratory equipment not ordinarily used for personal, family or household purposes; (12) a product that contains intentionally added per- or poly-fluoroalkyl substances with uses that are currently listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits in the United States environmental protection agency's rules under the significant new alternatives policy program; provided that the product contains per- or poly-fluoroalkyl substances that are being used as substitutes for ozone-depleting substances under the conditions specified in the rules; (13) a product used for the generation, distribution or storage of electricity; (14) equipment directly used in the manufacture or development of the products described in Paragraphs (1) through (13) of this subsection; (15) a product for which the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use; or (16) a product that contains fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure. B. Except as provided in Subsection A of this section, beginning January 1, 2027, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) cookware; (2) food packaging; (3) dental floss; (4) juvenile products; and (5) firefighting foam. C. Except as provided in Subsection A of this section, beginning January 1, 2028, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, the following products if that product contains an intentionally added per- or poly-fluoroalkyl substance: (1) carpets or rugs; (2) cleaning products; (3) cosmetics; (4) fabric treatments; (5) feminine hygiene products; (6) textiles; (7) textile furnishings; (8) ski wax; and (9) upholstered furniture. D. Except as provided in Subsection A of this section, the board may adopt rules to prohibit consumer products not enumerated in Subsections B and C of this section that contain an intentionally added per- or poly-fluoroalkyl substance by category or use that a manufacturer may not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, upon a finding of fact that a prohibition on the product is necessary to protect human health or the environment. The board shall set effective dates for a prohibition established by rule pursuant to this subsection; provided that the board shall not set an effective date for the prohibition of a product less than six months after the adoption of the final rule to prohibit the product or earlier than January 1, 2027. The board shall prioritize the prohibition of consumer products containing an intentionally added per- or poly-fluoroalkyl substance that are most likely to harm human health or contaminate the environment. E. Except as provided in Subsection A of this section, beginning January 1, 2032, a manufacturer shall not sell, offer for sale, distribute or distribute for sale in this state, directly or indirectly or through intermediaries, a product containing an intentionally added per- or poly-fluoroalkyl substance, unless the board has adopted a rule providing that the use of the per- or poly-fluoroalkyl substance in that product is a currently unavoidable use. The board may adopt rules to designate that the use of a per- or poly- fluoroalkyl substance in a certain product is a currently unavoidable use. F. The department shall consult with the New Mexico department of agriculture before petitioning the board pursuant to Subsection D or E of this section with respect to a pesticide, fertilizer, agricultural liming material or plant or soil amendment that contains an intentionally added per- or poly-fluoroalkyl substance. However, if a pesticide is regulated by or under the jurisdiction of the Federal Insecticide, Fungicide, and Rodenticide Act, then Subsections B through E of this section do not apply to the pesticide.