State regulators in New Mexico and California have finalized two major regulations that will impact toy companies, including new compliance requirements related to per- and polyfluoroalkyl substances (PFAS) in products and extended producer responsibility (EPR) obligations for packaging.
New Mexico Finalizes PFAS Rules for Toys
The New Mexico Environment Department has finalized rules implementing the state’s PFAS restrictions under the PFAS Protection Act (SB 212), including requirements impacting toys with intentionally added PFAS.
Beginning January 1, 2027, manufacturers can no longer sell affected products in the state; must label products if they meet an exemption from the ban; or must receive a labeling waiver through the state.
The finalized rules follow earlier rulemaking discussions focused on implementation timelines, exemptions, and labeling obligations. Companies selling products in New Mexico are encouraged to review the finalized requirements and determine whether any products may be subject to the restrictions or exemption process.
California Finalizes SB 54 Packaging EPR Regulations
California’s Department of Resources Recycling and Recovery (CalRecycle) finalized regulations implementing Senate Bill 54 (SB 54), the state’s packaging extended producer responsibility (EPR) law.
The finalized rules, in effect May 1, 2026, establish requirements related to packaging reduction, recyclability, reporting, and participation in a producer responsibility organization (PRO) for covered producers.
In connection with the finalized regulations, the Circular Action Alliance (CAA) also released an “illustrative fees” document outlining estimated producer fee ranges under the program. While the figures are preliminary and intended for planning purposes, they provide companies with an early indication of potential compliance costs associated with covered packaging materials.
The Toy Association will continue to keep the industry apprised of developments regarding state regulations. For more information on The Toy Association’s advocacy initiatives at the state level or to join the State Government Affairs Committee, members may contact Charlotte Hickcox, director of state government affairs (Eastern states) and Lindsey Hueer, senior manager of state government affairs (Western states).