New Mexico PFAS Food Packaging Law (SB 7): What Food Businesses Need to Know

New Mexico SB 7: An Overview

New Mexico enacted Senate Bill 7 on March 6, 2024, joining a growing list of US states that have passed legislation restricting PFAS (per- and polyfluoroalkyl substances) in food packaging. The law prohibits intentionally added PFAS in food packaging sold in New Mexico, with an effective date of January 1, 2027.

Because SB 7 has been enacted but is not yet effective, food businesses have a window to prepare. Those who begin evaluating their packaging supply chains now will be in a stronger position when enforcement begins in 2027. This guide explains what SB 7 requires, what packaging is covered, how penalties work, and what steps to take. For a broader overview, see our complete guide to PFAS food packaging bans.

Regulation Details

What Packaging Is Covered

SB 7 applies to all food packaging sold or distributed in New Mexico. The law does not limit its scope to plant fiber-based materials — unlike earlier laws in states like California and Washington. Any packaging designed for direct food contact falls within the scope of the ban if it contains intentionally added PFAS.

Covered packaging types include:

• Molded fiber plates, bowls, and clamshells
• Paper bags, wraps, liners, and sleeves
• Pizza boxes, food trays, and paperboard containers
• Plastic takeout containers designed for direct food contact
• Paper and fiber-based cups (hot and cold)
• Coated paperboard wrappers and containers
• Any other container or serviceware designed for direct food contact

Non-food-contact packaging is outside the scope of SB 7. Shipping boxes, outer transport wrapping, and packaging that does not directly touch food are not covered by the ban. However, any inner liner, wrapper, or container that comes into direct contact with food is subject to the law.

SB 7: Part of a Broader PFAS Products Ban

SB 7 is not limited to food packaging. It is a broader PFAS-in-products law that restricts intentionally added PFAS across multiple product categories, including textiles, upholstered furniture, carpets, rugs, cosmetics, juvenile products, and cookware. This comprehensive approach means enforcement infrastructure and public awareness around PFAS will build across multiple industries simultaneously, likely increasing scrutiny of food packaging compliance even before the effective date.

Food businesses that also use PFAS-containing products in other categories — such as stain-resistant table linens or treated uniforms — should be aware that SB 7 may affect those items as well.

Penalties for Non-Compliance

SB 7 establishes civil penalties of up to $5,000 per violation. There are no criminal penalties under this law. Enforcement will be handled by the New Mexico Environment Department, which has authority to investigate complaints, request documentation, and assess penalties against non-compliant manufacturers and distributors.

Each instance of selling or distributing non-compliant packaging can constitute a separate violation, so cumulative financial exposure can grow significantly for businesses with multiple product lines moving through New Mexico.

The table below compares New Mexico's penalty structure with several other states that have enacted PFAS food packaging restrictions:

New Mexico's $5,000 per-violation penalty is comparable to Oregon's and falls below Minnesota's $10,000 ceiling. Unlike Connecticut, New Mexico does not include criminal penalties. Nonetheless, the civil penalty structure provides meaningful financial incentive for supply chain compliance before the January 2027 effective date.

Who Is Liable

Under SB 7, manufacturers and distributors of food packaging bear primary liability for compliance. Companies that produce food packaging containing intentionally added PFAS, and the businesses that sell or distribute those products into New Mexico, are the parties subject to enforcement actions and penalties.

This manufacturer-and-distributor liability model is the most common approach among US states with PFAS food packaging laws. New Mexico follows the same pattern as California, Oregon, New York, and most other regulated states. Minnesota remains the notable exception, where food service end users (restaurants) are directly liable.

Exemptions

SB 7 includes one key exemption: packaging where PFAS is present as trace contamination that was not intentionally added during manufacturing is exempt. Low levels of PFAS can appear in products through environmental contamination, recycled content, or cross-contamination in manufacturing facilities, even when no PFAS was deliberately used in production.

The law does not define a specific numeric threshold (such as 100 ppm total organic fluorine) for what constitutes trace contamination versus intentional addition. The New Mexico Environment Department will have discretion in making this determination. Manufacturers and distributors should maintain testing documentation that demonstrates their products are free of intentionally added PFAS.

Steps to Compliance

Although SB 7 does not take effect until January 1, 2027, food businesses and their supply chain partners should begin preparing now. The following steps will help ensure a smooth transition:

1. Audit all food-contact packaging. Because SB 7 covers all food packaging — not just plant fiber — you need to evaluate every type of packaging that comes into direct contact with food. This includes paper, fiber, plastic, and coated paperboard items used for serving, takeout, and food storage.
2. Request compliance documentation from suppliers. Ask each supplier for a Certificate of Analysis (COA) or Certificate of Compliance confirming that their products do not contain intentionally added PFAS. See our supplier documentation template guide for exactly what to request.
3. Verify supplier claims with independent data. Generic "PFAS-free" marketing claims are not verified test results. Look for COAs referencing specific test methods (such as EPA Method 533 or total organic fluorine screening) with quantitative results. Our guide to checking packaging for PFAS explains what to look for.
4. Maintain organized records. Keep supplier COAs, compliance certificates, and correspondence on file. This documentation will be valuable if regulators request evidence of compliance after the effective date.
5. Evaluate alternative suppliers if needed. If current suppliers cannot provide adequate documentation, consider sourcing from verified PFAS-free suppliers. Our supplier directory lists packaging suppliers with documented PFAS compliance.
6. Monitor regulatory developments. Because SB 7 is part of a broader products bill, New Mexico may issue additional guidance or rulemaking before January 2027. Staying informed avoids last-minute surprises.