Member DashboardMarch 25, 2026
Advocacy Tracker provides background on all NAFEM advocacy efforts addressing energy, environment, regulations, supply chain, taxes, tariffs and trade.
Visit NAFEM’s Advocacy Action Center to communicate with state and federal elected officials on these or other topics. The Center also offers a state policy map where members can search for proposed regulations and legislation potentially impacting their businesses.
For urgent or timely information, join NAFEM’s Facebook Community Group and visit our LinkedIn page.
Energy
Automatic Commercial Ice Makers
Energy – for the cold-side product categories below, NAFEM met with DOE officials in Washington, D.C. in January to provide an industry overview, explain engineering product planning cycles, and discuss how commercial foodservice equipment manufacturers apply energy-conservation standards during product development. NAFEM continues discussions with the agency on specific product standards in collaboration with other trade associations.
| Issue | Docket No./Link | Status/Notes |
| 1 | DOE issued a notice of proposed rulemaking to rescind the amended water use standards. The proposal will return the standards to the statutory baseline. | EERE-2017-BT-STD-0022 | – Comment period closed July 15, 2025. |
Commercial Refrigeration Equipment
| Issue | Docket No./Link | Status/Notes |
| 1 | Standards withdrawn under the Congressional Review Act. | EERE-2017-BT-STD-0007 |
Walk-in Coolers/Freezers
| Issue | Docket No./Link | Status/Notes |
| 1 | Standards withdrawn under the Congressional Review Act. | EERE-2017-BT-STD-0007 |
Process Rule
| Issue | Docket No./Link | Status/Notes |
| 1 | DOE issued an RFI for comments on the Process Rule that identifies the rulemaking process for energy-conservation standards for commercial equipment. | EERE-2025-BT-STD-0001-0001 | – Comment period closed June 2, 2025. – NAFEM comments. – Joint industry comments. |
Other energy-related items
States setting energy-efficiency standards
- The following states, plus Washington, D.C., have energy-efficiency standards in place for a variety of commercial foodservice equipment: California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington[1].
- Multiple states – Massachusetts, Maryland, New Jersey, New York, Rhode Island – and Washington D.C., require manufacturers of dishwashers, fryers, hot food holding cabinets, ovens and steam cookers and other products to register with the State Appliance Standards Database (SASD). Distributors, retailers and installers must verify that required products are listed with SASD before sale, lease, rental or installation.
- The California Energy Commission (CEC) requires manufacturers to certify the performance of refrigeration products sold in the state via its Modernized Appliance Efficiency Database System (MAEDbS). Manufacturers must submit data directly to CEC’s database from a CEC-recognized testing lab or submit a form for each product category that authorizes the testing lab as their representative for submitting appliance data. UL Solutions, Intertek and AHRI can submit to CEC, DOE, ENERGY STAR® and NRCan in one stop. The Food Service Technology Center (FSTC), Southern California Edison Foodservice Technology Center (FTC) and SoCalGas Food Service Equipment Center also are CEC-approved testing labs for commercial foodservice equipment.
- In response to a recent RFI, California’s investor-owned utilities (IOUs) recommended adding reporting requirements for federally regulated products currently not addressed by the state, including:
- Refrigerated buffet and preparation tables for commercial refrigeration equipment
- Blast chillers and freezers for commercial refrigeration equipment
- SASD and MAEDbS do not share information, so manufacturers must register with both databases to sell products in the covered states.
ENERGY STAR® under scrutiny; component inspection program expands
- The U.S. Environmental Protection Agency will transfer oversight of the ENERGY STAR® program to the U.S. Department of Energy under a recent Memorandum of Agreement between the agencies. The transition is expected to be completed in early June.
- Also, ENERGY STAR reports delays in posting the shipment data forms for calendar year 2025. Monitor energystar.gov/unit–shipment–data for updates.
- The current program covers commercial steam cookers; dishwashers; convection, combi and gas-rack ovens; commercial electric cooktops; commercial coffee and tea brewers; fryers; griddles and hot food holding cabinets.
Manufacturers call on Congress to modernize EPCA
- NAFEM, together with a coalition of manufacturing associations, urged Congress to modernize the 50-year-old Energy Policy and Conservation Act (EPCA) to better reflect today’s market realities. As the foundation for energy standards, the coalition asked Congress to update EPCA to reflect the decades of progress, manufacturer innovation and investment.
As lithium-ion battery use increases, resources available
- As more operators use lithium-ion batteries to shave peak demand or maintain consistent power during brownouts and outages, NAFEM’s Fuels (F) Task Group continues to evaluate the trend. The task group recommends a National Fire Protection Association (NFPA) podcast on the proper use and handling of the batteries in commercial and residential applications. Battery Council International (BCI) also has useful online information about lithium-ion batteries.
Environment
| Issue | Docket No./Link | Status/Notes |
| 1 | EPA final rule restrictions on the use of certain HFCs establishes a process for submitting technology transitions petitions and establishes recordkeeping and reporting requirements. In September, EPA issued a proposal to relax certain compliance deadlines and thresholds of the October 2023 final rule. | Final Rule: EPA-HQ-OAR-2021-0643-0026 Sept. Proposal | – Final rule Oct. 5, 2023. – Compliance dates vary from Jan. 1, 2025, to Jan. 1, 2028. – Comment period on Sept. proposal closed Nov. 17, 2025. |
| 2 | EPA issued an interim final rule delaying the PFAS reporting period under the Toxic Substances Control Act (TSCA). Any company that manufactured (including imported) PFAS for a commercial purpose from Jan. 2011 – Dec. 2022 will be required to report. | EPA-HQ-OPPT-2020-0549 | – Interim final rule issued May 13, 2025. – Compliance dates vary from April 13 – Oct. 13, 2026. |
| 3 | EPA proposes amending the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). | EPA-HQ-OPPT-2025-0260 | – Comment period closed Nov. 7, 2025. |
| 4 | Substitute refrigerants acceptable in refrigeration systems are listed in the proposed Significant New Alternative Program (SNAP) Rule 27. | – EPA-HQ-OAR-2024-0503 – Fact sheet | Comment period closed Dec. 26, 2025. |
Other environment-related items
Extended Producer Responsibility (EPR) updates
- In Oregon, the National Association of Wholesaler-Distributors (NAW) secured a preliminary injunction blocking enforcement of the state’s EPR law for its members until a July 13 court hearing. Those close to the situation believe Oregon is considering pausing the program entirely while the case proceeds. The National Federation of Independent Business (NFIB) filed a lawsuit and amicus brief supporting the case.
Regulations
Federal regulation-related items
| Issue | Docket No./Link | Status/Notes |
| 1 | OSHA’s proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. | – OSHA-2021-0009 – Transcripts of June/July virtual hearings are available online | – Post-hearing comment period closed Sept. 30, 2025. |
| 2 | The proposed Heat Workforce Standards Act of 2025 was introduced in the Houe as the preferred alternative to the above OSHA proposed rule | – HR 6213 | – Referred to the Committee on Education and the Workforce Nov. 20, 2025. – NAFEM letter of support. |
| 3 | The U.S. Senate Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act would require OSHA to establish an enforceable federal standard to protect workers in high-heat environments. | S 2501 | – Referred to the Committee on Health, Education, Labor, and Pensions July 26, 2025. |
Review NAFEM’s Global Market and Conformity Guide for links to international certification requirements and resources.
Other Regulatory-related items
PFAS updates
- NAFEM joined 40 trade associations and the state Chamber of Commerce in opposing Maryland SB 686 that would impose comprehensive PFAS bans.
- UL Solution’s in-depth on-demand webinar of the U.S. domestic and international PFAS regulatory landscape is available on the NAFEM Resources page.
- The regularly updated Complex Products Manufacturers Coalition spreadsheet includes current and proposed state and federal regulations addressing PFAS.
New regulations addressing potential AI discrimination
- Numerous states have or are considering AI-related restrictions, that generally prohibit “AI-generated algorithmic discrimination” in hiring, promotions and other decisions. NAFEM encourages members to closely monitor these requirements to ensure compliance.
California Prop 65 labeling requirements require regular ongoing monitoring
- California’s Proposition 65 – The Safe Drinking Water and Toxic Enforcement Act – requires companies to provide warning labels to notify people of exposure to more than 1,000 chemicals known to cause cancer, birth defects or other reproductive harm. Members should review Prop 65 requirements to determine how the law affects their businesses.
NAFEM and others request suspension of WA lead in cookware regs
Washington State evaluating different approach to regulate lead in cookware
- The Washington State Lead in Cookware Act (SB 5975) bill is with the Governor after passing the House and Senate. The bill would eliminate the 10-ppm lead content limit scheduled to take effect in 2028, exempt electrical components, assign regulatory authority to the Department of Ecology under the state’s Safer Products program, and prohibit – beginning January 1, 2027 – the manufacture, sale, or distribution of aluminum or brass cookware, utensils, or cookware components containing intentionally added lead. The bill must still pass the House of Representatives.
Taxes, Tariffs & Trade
Find the latest tariff information, including that below, on the Taxes, Tariffs and Trade page of nafem.org. While NAFEM regularly updates this resource page, we recommend regular communication with your customs broker for the most current tariff information relative to your business and its products.
| Issue | Docket No./Link | Status/Notes |
| 1 | The administration launched a Section 301 investigation into Brazil’s trade practices. | USTR–2025–0043 | – Comment period closed Aug. 18, 2025 – USTR held a hearing Sept. 3, 2025. |
| 2 | The U.S. Secretary of Commerce initiated a Section 232 investigation under the Trade Expansion Act to assess whether imports of robotics and industrial machinery, and parts/components, pose a risk to national security. | 250924-0161 | – Comment period closed Oct. 17, 2025. – Report due March 2026. |
| 3 | The U.S. International Trade Commission (ITC) is investigating revoking permanent normal trade relations (PNTR) treatment for all Chinese imports. The review will assess how higher tariffs would affect U.S. trade flows, domestic production and prices in the most directly impacted industries. The ITC also is evaluating an alternative approach that would revoke PNTR only for a defined set of national security-related products from China, with tariffs phased in over five years. | 332-609 | – Comments due April 13 – No public hearing scheduled |
| 4 | The U. S. Trade Representative (USTR) opened a Section 301 investigation into excess industrial capacity in manufacturing sectors that could give foreign companies an unfair advantage or restrict U.S. commerce. | – USTR-2026-0067 and USTR-2026-0068 – Countries include China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan and India. | – Comments due April 15 – Public hearing May 5 |
| 5 | The USTR also opened 60 Section 301 unfair trade practices investigations into the use of forced labor that artificially lowers prices or the lack of enforcement of forced labor laws. | Impacted countries are included in the Federal Register notice. | – Comments due April 15 – Public hearing April 28 . |
| 6 | The USMCA is up for the mandatory six-year review in 2026. If any country objects to an extension , it triggers an annual approval process and a countdown to the USMCA’s end in 2036. Bilateral talks begin in March. | USTR-2025-0004 and USTR-2025-0005 | – Comment period closed Nov. 3, 2025. – Public hearing held Nov. 17, 2025. – NAFEM letter of support. |
| 7 | The Secure Trade Act would codify a 10% baseline tariff on all imported goods. It also revises HTS categories to create a 35% tariff on nonstrategic goods from China and a 100% tariff on strategic goods from the country. | HR 4978 | Referred to the committees on Ways and Means, Financial Services, Foreign Affairs, and Energy and Commerce Aug. 15, 2025. |
Other Taxes, Trade & Tariff-related items
Supreme Court strikes down IEEPA tariffs: Administration enacts 10% surcharge
- A 10% temporary surcharge on global imports is in effect until July 24, following the U.S. Supreme Court 6-3 decision that the International Emergency Economic Powers Act (IEEPA) does not authorize reciprocal tariffs. The White House announcement includes exceptions “because of the needs of the U.S. economy” in Annexes I and II. Subsequent presidential proclamations called for determining whether modifications are needed to the Harmonized Tariff Schedule and for the continued suspension of duty-free de minimis for all countries.
CBP asks for more time to process refunds
- The Court of International Trade ordered U.S. Customs and Border Protection (CBP) to stop collecting and begin refunding IEEPA tariffs immediately. In a subsequent court filing, CBP reported that it needs until the end of April to comply with the order, as it addresses $166 billon collected, involves more than 330,000 importers and 53 million entries. Members should discuss details with their customs brokers.
OTHER TOPICS?
If there is a topic you would like NAFEM to address, please contact us at advocacy@nafem.org.