PFAS Reporting: States Imposing New Requirements in 2026 & 2027

Per- and polyfluoroalkyl substance reporting requirements in individual states are on the rise. The most recent group of states to impose new requirements includes Connecticut, Minnesota, and New Mexico. The reporting and labeling requirements often precede broader prohibitions on the sale or distribution of covered products. Manufacturers in these states or manufacturers that sell, offer for sale, or distribute products in these states should be tracking the various requirements and include these new laws in any compliance efforts or assessments.

KEY TAKEAWAYS

• Connecticut, Minnesota, and New Mexico are requiring businesses to report per- and polyfluoroalkyl substances (PFAS) in a broad range of products beginning in 2026 and 2027.
• These reporting requirements are broader than current PFAS prohibitions in some states, which are generally limited to a discrete list of products, and exemptions are limited.
• Connecticut and New Mexico also have labeling requirements for a broad range of products containing intentionally added PFAS.
• Businesses that may not have been affected by other state PFAS prohibitions may now need to prepare to disclose any intentionally added PFAS in their products and product components.

PFAS REPORTING REQUIREMENTS

Connecticut

Connecticut’s Public Act 24-59/Substitute Senate Bill No. 292[1] implements a PFAS labeling and reporting requirement for a broad range of products containing intentionally added PFAS.[2] Beginning on July 1, 2026, manufacturers may not manufacture, sell, offer for sale, or distribute for sale products containing intentionally added PFAS unless the manufacturer labels the product and provides prior notification in writing to Connecticut’s Department of Energy and Environmental Protection (DEEP).

This notification must contain a brief description of the product, the contact information of the manufacturer, the amount of PFAS in the product, and the purpose of the PFAS in the product. The product label must be clearly visible and indicate that the product includes PFAS. DEEP has approved various phrases and language that may be used for labeling to inform the purchaser of PFAS.[3]

Products subject to the reporting and labeling requirement include

• apparel,
• carpets or rugs,
• cleaning products,
• cookware,
• cosmetic products,
• dental floss,
• fabric treatments,
• children’s products,
• menstruation products,
• textile furnishings,
• ski wax, and
• upholstered furniture.

The reporting requirement targets “manufacturers,” which, for products imported into the United States, includes importers or domestic distributors if the manufacturer does not have a presence in the United States.

Several exemptions provided in the law may apply to the notification requirement, including a federal law exemption, used products, and cosmetic products that contain an unavoidable trace quantity of PFAS. “Unavoidable trace quantity” is defined as any PFAS attributable to impurities of natural or synthetic ingredients, the manufacturing process, or storage or migration from packaging.

A manufacturer may continue selling covered products with adequate prior notification to DEEP until January 1, 2028, when the law implements a categorical prohibition on the sale and manufacture of covered products with intentionally added PFAS. Unlike other similar statutes, the Connecticut law does not include an unavoidable use exemption.

Minnesota

Minnesota’s Amara’s Law, enacted in May 2023, implements a broad PFAS reporting scheme covering virtually every product and product component sold, offered for sale, or distributed in Minnesota. Under the law, manufacturers of any product containing intentionally added PFAS[4] must submit certain information, including

• a brief description of the product,
• the purpose of PFAS in the product,
• the amount of PFAS in the product,
• contact information for the manufacturer, and
• any additional information sought by the department.

Multiple amendments to the law have been passed since the law’s enactment, and manufacturers should continue to monitor updates by the Minnesota Pollution Control Agency (MPCA). Rulemaking adopted pursuant to the law establishes additional requirements and procedures for the reporting process, which must be done online via the PRISM database.[5] For companies that did not timely seek an extension, the reporting deadline was September 15, 2026. Manufacturers whose extension request is approved have until December 14, 2026 to submit their report.

Products manufactured before July 1, 2023, are excluded from the reporting requirement (based on the date of manufacture of the final product, not the individual components). The law also specifies certain exemptions to the reporting requirement, including federal law and used products. Manufacturers may also apply for a waiver of the reporting requirement, which may be granted if the information sought is publicly available.

Following the initial reporting deadline, manufacturers must submit updates to their report by February 1 of each year. Reporting parties should be aware that information reported, except trade secrets, will be publicly accessible after a review period by the MPCA.

New Mexico

New Mexico’s PFAS Protection Act[6] establishes a broad prohibition on the manufacture and sale of certain products containing intentionally added PFAS[7] beginning in 2028. Rulemaking pursuant to the act established additional broad reporting and labeling requirements beginning January 1, 2027, on any product sold, offered for sale, distributed, or distributed for sale containing intentionally added PFAS.[8]

Pursuant to those rules, a manufacturer of any product containing intentionally added PFAS must submit to the New Mexico Environment Department (NMED) certain information via the online New Mexico PFAS Reporting System (NMPRS), including

• a brief description of the product,
• the purpose of PFAS in the product,
• the amount of PFAS in the product,
• contact information for the manufacturer, and
• any additional information requested by the NMED.

A manufacturer may request a waiver if the information sought is publicly available; the waiver request must be submitted by December 2, 2026. “Manufacturer” is defined as someone who creates, produces, or assembles a product or whose brand name is affixed to the product; for products imported into the United States, the definition includes importers or domestic distributors.

As of January 1, 2027,[9] a manufacturer may not manufacture for sale or distribution in New Mexico any product containing intentionally added PFAS unless the manufacturer labels the product. The label must be clearly visible on the product and clearly inform the customer of intentionally added PFAS and must include an image of a flask with the word “PFAS” on the flask. The labeling requirement may also be met by complying with the labeling requirements of a different state. (For example, a product bearing Connecticut’s label should also be in compliance with the New Mexico labeling requirements.)

A manufacturer may apply for a waiver of the labeling requirement through NMPRS if the product meets the exemptions of the law and if none of the product’s materials that contain intentionally added PFAS will ever come into direct contact with a consumer. Label waivers received by October 31, 2026, are considered approved unless the manufacturer receives a denial. Any waiver requests received after October 31, 2026, will be approved or denied upon review.

The law’s exemptions include federal law, used products, medical devices regulated by the US Food and Drug Administration, products that contain fluoropolymers, products for which the use of PFAS has been determined a currently unavoidable use, and certain other specific products. However, the labeling requirements are carved out from the exemption for most of these products.

To obtain a currently unavoidable use determination before the January 1, 2027 reporting and labeling requirement, a manufacturer must submit a proposal through NMPRS by October 31, 2026, with certain information, including

• identification of the specific PFAS substance intentionally added to the product or its components;
• a brief description of the product;
• an explanation of why the inclusion of PFAS is “essential for health, safety, or the functioning of society”;
• a description of how the use of PFAS in the product is essential;
• whether there are reasonably available alternatives for the use of PFAS;
• a list of federal and state regulations that the product is subject to, including any sales prohibitions;
• information about comparable products for sale where, in another jurisdiction, the product is subject to an absolute prohibition or no currently unavoidable use determination;
• contact information for the submitter of the proposal; and
• any information known by the manufacturer of the human health or environmental impacts of PFAS in the product.

LOOKING AHEAD: CONSIDERATIONS FOR BUSINESSES

The wide reach and broad applicability of these reporting requirements may present compliance challenges for businesses. While PFAS state prohibitions have generally been product-specific and have focused on a discrete list of products, businesses that may not have been affected by the growing attention on PFAS in consumer products should be prepared to disclose any intentionally added PFAS in their products.

Manufacturers should review their products and product components for PFAS and prepare a compliance strategy that aligns with the different reporting schedules and requirements of each state. Companies should consider the potential applicability of differing definitions of key terms and whether their products fall under any exceptions provided under the reporting requirements. They should also be attentive to the disclosure of trade secrets and what procedures are available for safeguarding confidential business information, particularly in Minnesota, where the reported information will be made publicly available.

Finally, companies should monitor the legal challenges to these broad reporting requirements, including additional developments in the recent industry challenge to New Mexico’s reporting requirements.[10]

HOW WE CAN HELP

Our lawyers stand ready to advise businesses on these PFAS reporting requirements and can assist with related compliance considerations.