Advocacy Tracker

Jan. 22, 2026

Advocacy Tracker includes background on all NAFEM advocacy efforts addressing energy, environment, regulations, supply chain, taxes, tariffs and trade.

To communicate with state and federal elected officials on these or other topics, visit NAFEM’s Advocacy Action Center . The Center also includes 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 Jan. 8 in Washington, D.C. 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 will continue discussion with the agency on specific product standards.

  IssueDocket No./LinkStatus/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
  IssueDocket No./LinkStatus/Notes
1 Standards withdrawn under the Congressional Review Act.  EERE-2017-BT-STD-0007
Walk-in Coolers/Freezers
  IssueDocket No./LinkStatus/Notes
1 Standards withdrawn under the Congressional Review Act.EERE-2017-BT-STD-0007 
Process Rule
 IssueDocket No./LinkStatus/Notes
1DOE 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– NAFEM comments.
– Joint industry comments.
Other Energy items NAFEM is tracking

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 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.
  • 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

  • Along with many other federal programs, ENERGY STAR is under scrutiny. NAFEM is working with like-minded stakeholders who want to see the program remain under the federal government’s purview. Check here or contact advocacy@nafem.org for more information. 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.

As lithium-ion battery use increases, resources available

  • NAFEM’s Fuels (F) Task Group discussed the increased use of lithium-ion batteries to peak shave or provide consistent power during brownouts or failures. The task group recommended 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.

[1] https://appliance-standards.org/states

Environment
  IssueDocket No./LinkStatus/Notes
1EPA 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.
2EPA 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. 
3EPA 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.
4Substitute 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 Environmental items NAFEM is tracking

PFAS updates

Current and proposed state and federal regulations addressing PFAS are included in the regularly updated Complex Product Manufacturers Coalition spreadsheet. Additional information on recent state efforts follows.

  • Massachusetts H4870 and S1504 would ban the sale/distribution of cookware with intentionally added PFAS. As the House bill was recently redrafted, the exact dates for cookware, which were Jan. 1 of this year, are now TBD. However, the state aims to make “almost all products” PFAS-free by January 2030.

HFC-related updates

  • HFC reporting under the American Innovation and Manufacturing (AIM) Act Emissions Reduction and Reclamation rule begins in 2026. The rule applies to companies that produce, import, export, transform, destroy, reclaim or repackage regulated substances, or receive application-specific allowances. The U.S. Environmental Protection Agency’s (EPA) website provides details.
  • Several challenges make it impossible for automatic commercial ice machine (ACIM) manufacturers to modify their product portfolios to new refrigerants by current deadlines, so NAFEM and members Follett and Hoshizaki America petitioned the U.S. Environmental Protection Agency (EPA) for a three-year extension for current American Innovation and Manufacturing Act (AIM) requirements to adopt these new refrigerants, from 2026 or 2027 to 2029 or 2030. EPA has yet to respond to the petition by NAFEM and members Follett and Hoshizaki America for a three-year extension to adopt these new AIM-compliant refrigerants.
  • EPA updated hydrofluorocarbon (HFC) data – including imports, exports, inventory and destruction, as well as allowance transfers and expenditures – is available on the EPA HFC Data Hub.

Extended Producer Responsibility (EPR) updates

EPR efforts hold producers responsible for the lifecycle of their products. Multiple states have approved EPR compliance plans primarily focused on packaging such as plastics, paper and single-use products including California, Colorado, Maine and Maryland, Minnesota, Oregon and Washington. Others are considering similar programs. As this issue is expected to intensify, NAFEM’s legal counsel provided an overview and the latest updates follow:

  • Colorado regulators approved the state’s new extended producer responsibility (EPR) program for packaging and paper products, administered by Circular Action Alliance (CAA). The plan requires “producers” (brand owners/manufacturers/importers/first sellers, depending on the situation) of packaging, paper products and food servicewares to fund a statewide recycling system for those materials through a producer responsibility program run by CAA. CAA must start implementation within six months, or by June 9.

California climate disclosure bills could impact members

  • CA SB 261 (Climate-Related Financial Risk Act) requires public and private companies with annual revenues of $500 million or more that do business in California to complete the Task Force on Climate-Related Financial Disclosures (TCFD) and post to their websites before Jan. 1, 2026. However, Nov. 18, 2025, the U.S. Court of Appeals for the Ninth Circuit granted an injunction pending appeal that suspends enforcement of the Jan. 1 deadline while litigation continues.
  • CA SB 253 requires public and private companies with annual revenues of $1 billion or more and do business in California to report Scope 1 and 2 emissions by Aug. 10. The California Air resources Board (CARB) has delayed reporting of Scope 3 emissions until 2027.
  • Members are encouraged to discuss reporting requirements for SB 253 and 261 with legal counsel.

Decarbonization efforts continue

Update on EU/UK F-gases

  • NAFEM has been notified by the U.K. Foodservice Equipment Association that the U.K. does not have a timeline for implementing changes to its F-gas regulations that differ from the EU F-gas regulations. Manufacturers have been urged to find alternative refrigerants to comply with the EU F-gas regulations in 2026.
Regulations
Federal regulation-related items
  IssueDocket No./LinkStatus/Notes
1OSHA’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.
2The 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.
3The 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 Regulation-related items NAFEM is tracking

New regulations addressing potential AI discrimination

  • Numerous states have or are considering AI-related restrictions. Members are encouraged to closely follow these developing regulations that generally mandate against “AI-generated algorithmic discrimination” in hiring, promotions and other decisions. 

California Prop 65 labeling requirements require 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 the requirements of Prop 65 impacting their businesses.

NAFEM and others request suspension of WA lead in cookware regs

  • Until a clear and reasonable path forward for compliance with Washington State’s pending lead in cookware regulations can be found, NAFEM and several other associations requested a temporary discretion or suspension of agency enforcement on the Cookware Containing Lead law. While Washington State increased the allowable lead in cookware to 90 parts per million (ppm) through Dec. 31, 2027, the allowable limit decreases to 10 ppm Jan. 1, 2028.
Taxes, Tariffs & Trade

The latest tariff information, including that below, is available on the Taxes, Tariffs and Trade page ofnafem.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.  

  IssueDocket No./LinkStatus/Notes
1The U.S. Department of Commerce is conducting a Section 232 investigation of the security risks of imports of semiconductors, semiconductor manufacturing equipment and their derivative products.XRIN 0694-XC121– Following the Dec. 22, 2025 Dept. of Commerce report that imports of semiconductors, SME and derivative products threaten to impair national and economic security, the White House imposed a 25% tariff on certain advanced semiconductors and derivative products (effective January 15, 2026).
2The 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.
3The 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.
4The USMCA is up for the mandatory six-year review in 2026. According to the terms, if any country objects to extending the agreement, it triggers an annual approval process and a countdown to the USMCA’s end in 2036. In anticipation of upcoming negotiations, the USTR is seeking public comments. USTR-2025-0004 and USTR-2025-0005– Comment period closed Nov. 3, 2025.
– Public hearing held Nov. 17, 2025. 
– NAFEM letter of support.
5The 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.

IEEPA ruling pending; tips for planning ahead

  • While we wait for the Supreme Court’s ruling on the legality of the IEEPA tariffs, NAFEM’s legal team at Barnes & Thornburg suggest members begin to prepare for potential tariff refunds, even though it’s uncertain what the process might entail. If the court uses the CBP process, importers will need to file a formal protest within 180 days of liquidation to protect the right to a refund. Detailed information is on Barnes &Thornburg’s website.  

OTHER TOPICS?

If there is a topic you would like NAFEM to address, please contact us at advocacy@nafem.org.