Advocacy Tracker

May 21, 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
Other energy-related items

Energy – NAFEM is working with the Air-Conditioning, Heating and Refrigeration Institute (AHRI) and the National Automatic Merchandising Association (NAMA) on potential energy conservation standards for commercial refrigeration equipment and walk-in coolers/freezers. The proposals will continue the dialogue begun with Department of Energy (DOE) officials earlier this year and are intended to set the foundation for the next round of DOE standards. Members interested in participating should contact advocacy@nafem.org.

States setting energy-efficiency standards

  • The California Energy Commission (CEC) issued proposed test procedures, efficiency standards, and reporting requirements for commercial dishwashers used in the state. Although the comment deadline was May 12, the CEC may still consider late submissions when finalizing the requirements.
  • 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 (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. 
  • SASD and MAEDbS do not share information, so manufacturers must register with both databases to sell products in the covered states. 

ENERGY STAR® activities delayed during transition

  • NAFEM continues to monitor for updated news from ENERGY STAR following the program’s transfer from the U.S. Environmental Protection Agency (EPA) to the DOE. 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. 

Lithium-ion battery use resources

  • 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. 

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

Environment
  IssueDocket No./LinkStatus/Notes
1EPA 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 are required to report.EPA-HQ-OPPT-2020-0549– Interim final rule issued May 13, 2025.
– Compliance dates vary from April 13 – Oct. 13, 2026.
2Substitute 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.
3EPA 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.
4EPA 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.
Other environment-related items

Products and equipment using HFCs and HFC blends must be labeled 

  • Refrigeration and other equipment that uses HFCs and HFC blends must meet EPA AIM Act labeling requirements for each subsector. Jan. 1, 2026 was the effective date for chillers and industrial process refrigeration equipment; and Jan. 1, 2027 is the effective date for ice machines and refrigerated food processing and dispensing equipment. The EPA provides a detailed fact sheet with labeling examples.

California environmental impact reporting deadline approaching 

  • The California Air Resources Board (CARB) issued modified language and additional information for proposed amendments to the cap on greenhouse gas emissions and market-based compliance. Comments are due April 29. SB 253 requires US companies with total annual revenues in excess of $1 billion that do business in California to annually disclose their Scope 1, 2 (by Aug. 10, 2026) and Scope 3 (in 2027) GHG emissions for the prior fiscal year. Legal challenges are ongoing, but the reporting deadlines have not changed.  Companion legislation – SB 261 – requires large companies (>$500M revenue) doing business in California to disclose climate-related financial risks
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 Heat Workforce Standards Act of 2026 was introduced in the Senate as a preferred alternative to the above proposed Rule.
– S 4427
– HR 6213		– NAFEM letter of support for S 4427
– NAFEM letter of support for HR 6213
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.

Global Market Access Requirements

Participating in international markets is essential to remaining competitive, but entry is more complicated than ever with safety, sanitation, sustainability, cybersecurity and other requirements. Stay current with NAFEM’s Global Market Access and Conformity Guide.

Other Regulatory-related items

Administration releases national AI policy framework; states considering regulations

  • The administration’s National Policy Framework for Artificial Intelligence outlines policy considerations for lawmakers developing a national AI framework. Recommendations include removing barriers to innovation, protecting content creators, prioritizing children’s online safety and shielding communities from increased electricity costs. The U.S. Chamber of Commerce supports a national framework to “prevent a 50-state patchwork and provide clarity to entrepreneurs and businesses of all sizes.”
  • Also on the AI front, 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.

PFAS updates 

  • Delaware released its 2026 PFAS Implementation Plan that focuses on tracking, reducing and communicating PFAS exposure. The plan calls for coordination across government agencies to explore legislative and regulatory approaches to reduce PFAS.  
  • The regularly updated Complex Products Manufacturers Coalition spreadsheet includes current and proposed state and federal regulations addressing PFAS.  

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.  
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.  

  IssueDocket No./LinkStatus/Notes
1The 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
2The 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
3
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.
4The 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.
5The 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
6The 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.
Other Taxes, Trade & Tariff-related items

10% surcharge under scrutiny

  • The Court of International Trade issued a permanent injunction against the 10% Section 122 tariffs. However, it only applies to the plaintiffs; the government can continue to collect 10% tariffs from non-plaintiff importers. NAFEM is watching to see if the Court requires Customs and Border Protection to apply the ruling more broadly, as it did for the IEEPA tariffs. The administration is expected to appeal. For those still impacted, the White House announcement includes exceptions “because of the needs of the U.S. economy” in Annexes I and II.

EEPA Refund Process Begins 

  • The first phase of the IEEPA tariff refunds claim portal opened to process certain unliquidated entries and entries within 80 days of liquidation. Payments are expected within 45-90 days. CBP also posted an overview and FAQs.

OTHER TOPICS?

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