Advocacy Tracker

NAFEM and members petition EPA for a three-year extension for ACIM AIM Act compliance

• 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.

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 state efforts follows.

• The New Mexico Environment Department (NMED) released draft regulations implementing its PFAS Protection Act (HB 212). The proposal includes labeling requirements for covered and some exempt products that could impact NAFEM members. NMED aims to issue final rules by June 30.
• In response to NAFEM’s request for clarity, the Rhode Island Department of Environmental Management (RIDEM) edited its guidance to the state’s Consumer PFAS Ban Act of 2024. “Cookware items with electrical components are not included within the definition of cookware. For example, an electric coffee machine is not subject to the ban.”
• Canada requires manufacturing and other facilities to report the use of PFAS to the National Pollution Release Inventory. Canada also is considering regulating PFAS as a class under its Environmental Protection Act, rather than treating each substance individually. Canada also is considering a three-phase risk-management approach looking for PFAS alternatives and evaluating social-economic as well as technical considerations.

HFC-related updates

• 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.
• Washington State’s HFC and Other Fluorinated Gases Rule, which requires transitions away from some HFC, aerosol propellants and foams, takes effect Nov. 29. The Rule aligns with EPA’s transition dates for Automatic Commercial Ice Makers. Contact Gopika Patwa at the state’s Department of Ecology with questions
• New York’s Part 494 HFC Standards and Reporting regulation, adopted in January 2025, included prohibitions on new products and equipment that contain HFCs and controls on HFC leaks in commercial equipment. Suppliers, including manufacturers, of products that contain HFCs are subject to reporting and record-keeping requirements. The state recently updated its Fact Sheet and FAQs.

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.

• California, Oregon and Minnesota are the first states to require producers to join Producer Responsibility Organizations (PRO) for packaged items, food service wares, certain types of equipment, and plastic or paper products, although the laws are written somewhat differently.
• California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act requires producers of commercial single-use packaging to join a Producer Responsibility Organization (PRO) to fund the end of life of those materials. The state has engaged the nonprofit Circular Action Alliance (CAA) to administer its program. CAA operates as the single PRO in California, Colorado, Maryland, Minnesota and Oregon.
• NAFEM joined numerous organizations expressing concern to Colorado Governor Jared Polis about the state’s Department of Public Health and Environment (CDPHE) requested removal of mass balance as a measurement tool for recycled materials, despite this being a gold standard international approach to certification. Colorado continues to work toward its EPR program, also with CAA.
• In Minnesota, the Pollution Control Agency (MPCA) was charged with appointing a 15-member Task Force to advise the agency on policy and program opportunities that would increase the recovery of critical materials – including aluminum, cobalt, copper, nickel and silicon – from end-of-life products. The Task Force is meeting through 2025. MPCA also oversees the state’s Packaging Waste and Cost Reduction Act that requires producers – generally the brand owner, manufacturer or importer – to participate in a PRO, to coordinate and fund the statewide program. A fact sheet provides more information.
• In Quebec, the Commercial Appliance Recovery Society (SORAC) is an extended PRO focused primarily on recovery and recycling of refrigeration and freezer equipment. SORAC is funded by manufacturers and others.

California climate disclosure bills could impact members

• 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, 2026. The California Air resources Board (CARB) has delayed reporting of Scope 3 emissions until 2027. .
• 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, the U.S. Court of Appeals for the Ninth Circuit granted an injunction pending appeal that suspends enforcement of the Jan. 1, 2026 deadline while litigation continues.
• Members are encouraged to discuss reporting requirements for SB 253 and 261 with legal counsel.

Decarbonization efforts continue

• Decarbonization efforts continue at the state, federal and international levels and the industry should anticipate continued discussion and regulatory requirements intended to phase out the use of fossil fuels and natural gas. For example: 
  • The New York ban on natural gas and other fossil fuels applies to new buildings shorter than seven stories by 2026, and taller buildings by 2029. 
  • More than 100 U.S. cities have moved to restrict gas-powered appliances. Most of these bans focus on new construction. Members should check local requirements as this is an evolving situation. 

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.