A. The board shall adopt rules that enumerate the information required of a manufacturer. The information required shall include:
(1)a brief description of the product, including a universal product code, stock keeping unit or other numeric code assigned to the product;
(2)the purpose for which a per- or poly-fluoroalkyl substance is used in the product;
(3)the amount of each per- or poly-fluoroalkyl substance in the product, identified by its chemical abstracts service registry number and reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department;
(4)the name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer; and (5)
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A. The board shall adopt rules that enumerate the information required of a manufacturer. The information required shall include: (1) a brief description of the product, including a universal product code, stock keeping unit or other numeric code assigned to the product; (2) the purpose for which a per- or poly-fluoroalkyl substance is used in the product; (3) the amount of each per- or poly-fluoroalkyl substance in the product, identified by its chemical abstracts service registry number and reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department; (4) the name and address of the manufacturer and the name, address and phone number of a contact person for the manufacturer; and (5) any additional information requested by the department as necessary; provided that the department shall not require disclosure of records, reports or information or particular parts of records, reports or information that would divulge confidential business records or methods or processes entitled to protection as trade secret; and provided further that the manufacturer shall, by a preponderance of evidence, demonstrate that the information requested would divulge confidential business records or methods or processes entitled to protection as trade secrets. B. On or before January 1, 2027, a manufacturer of a product sold, offered for sale, distributed or distributed for sale in the state, directly or indirectly or through intermediaries, that contains an intentionally added per- or poly-fluoroalkyl substance shall submit to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. C. On or after 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, a product if testing requested by the department demonstrates that the product contains an intentionally added per- or poly-fluoroalkyl substance and the manufacturer has failed to provide the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. D. On or after 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, a product that contains an intentionally added per- or poly-fluoroalkyl substance unless the manufacturer has submitted to the department the information required by Subsection A of this section or a rule adopted pursuant to that subsection. A product reported pursuant to this subsection containing an intentionally added per- or poly-fluoroalkyl substance may be prohibited from sale pursuant to the Per- and Poly- Fluoroalkyl Substances Protection Act and to rules adopted pursuant to that act. E. A manufacturer shall submit a revision of the information provided on a product within thirty days of a significant change to the information the manufacturer previously submitted or upon the request of the department. F. Upon written approval from the department, a manufacturer may provide the information required by this section to the department for a category or type of product or product component. G. The department may waive the obligation of a manufacturer to submit all or part of the information required by this section if the department determines that substantially equivalent information is publicly available. The department may grant a waiver to a manufacturer or a group of manufacturers for multiple products or a product category. H. The department may enter into an agreement with one or more states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirements of this section. I. The department may extend the deadline for a manufacturer to submit the information required by this section upon a determination by the department that the circumstances merit an extension of time. J. Within sixty days of receiving information from a manufacturer, the department shall notify the manufacturer that adequate information has been received or that additional information is required. A manufacturer shall submit to the department any additional information requested by the department within thirty days of the request. K. The requirements of this section do not apply to products that are exempt pursuant to Subsection A of Section 3 [74-15-3 NMSA 1978] of the Per- and Poly- Fluoroalkyl Substances Protection Act.