What We’re Watching

May 2025

What We’re Watching is your go-to read for background on all NAFEM advocacy efforts, including energy, environment, regulations, supply chain, and taxes, tariffs and trade. What We’re Watching begins with NAFEM’s Federal Advocacy Tracker, a convenient reference list of pending issues with links to docket numbers (where applicable) and comments.  

Should your company wish to communicate with state and federal elected officials on these or other topics, the Advocacy Action Center makes it easy to do so. The Center also includes a convenient state policy map for members to search for proposed regulations and legislation potentially impacting their businesses at the state level.

Federal Advocacy Tracker

  Issue Docket No./Link Status/Notes 
ENERGY  
Automatic Commercial Ice Makers  
1 DOE proposes energy conservation standards EERE-2017-BT-STD-0022 NAFEM comments NAFEM reaching out to agency for update 
2 DOE issued Notice of Data Availability updating its analysis for above NOPR EERE-2017-BT-STD-0022-0056 Comment period closed Oct. 25, 2023 
Commercial Refrigeration Equipment 
1 DOE issued final rule addressing energy-conservation standards  EERE-2017-BT-STD-0007  DOE delayed effective date to May 20 and sought comments by March 28 Compliance date remains Jan. 22, 2029 Withdrawal of standard under the Congressional Review Act expected once the Senate again takes up the resolution NAFEM also filed a petition with the U.S. Court of Appeals requesting DOE review the rule 
Walk-in Coolers/Freezers 
1 DOE issued final rule addressing energy conservation standards EERE-2017-BT-STD-0009 DOE delayed effective date to March 21 and sought comments by March 13 Compliance dates of 2027 and 2028 have not changed Withdrawal of standard under the Congressional Review Act expected to be signed by the President.  
ENVIRONMENT
1 EPA released drinking water standards for municipal water systems and organizations that provide their own drinking water, April 2024. Final PFAS National Primary Drinking Water Regulation On hold pending litigation Currently calls for 5-year implementation period (2029) 
2 EPA final rule restrictions on the use of certain HFCs, establishes a process for submitting technology transitions petitions, and establishes recordkeeping and reporting requirements. EPA-HQ-OAR-2021-0643-0026 Final rule Oct. 5, 2023 Compliance dates vary from Jan. 1, 2025, to Jan. 1, 2028 
3 Imported or domestically manufactured stand-alone retail food refrigeration units must use a refrigerant with a GWP of 150 or lower Program overview Final rule fact sheet Effective Jan. 1, 2025 
4 The EPA proposes adding 16 individual PFAS and 15 PFAS categories representing more than 100 individual PFAS, to the Toxics Release Inventory. Doing so would identify the PFAS as chemicals of special concern, subjecting their use to more robust reporting requirements, including reporting even for small concentrations.  EPA-HQ-OPPT-2023-0538 Comment period closed Nov. 7, 2024 
5 EPA finalizes reporting and recordkeeping requirements for PFAS. The agency also modified the definition of PFAS.  Any company that manufactured (including imported) a PFAS for a commercial purpose in any year since January 1, 2011, must report. EPA-HQ-OPPT-2020-0549 Final rule issued Oct. 11, 2023 Beginning of compliance submission period delayed to July 11, 2025.  
6 EPA issues pre-publication final rule for the management of certain HFCs and their substitutes EPA-HQ-OAR-2022-0606 Pre-publication final rule  
7 EPA proposes ban on all TCE use EPA-OPPT-2020-0642-8026 Comment period closed Dec. 15, 2023 
8 EPA lists final SNAP 26 approved refrigerants Final rule Effective July 15 Fact sheet 
  REGULATIONS    
1 OMB proposes changes to regulatory decision-making and engagement process OMB-2022-0011  NAFEM comments Comments closed June 2023.  
2 SEC Climate Change Disclosure Rule 3235-AN22 Final rule published March 28, 2024 SEC stayed rule April 4, 2024 pending judicial review  
3 OSHA’s proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings  OSHA-2021-0009 Comments closed Jan. 14, 2025 
 TAXES, TARIFFS, TRADE
1 Given the constantly changing nature of the tariff situation, NAFEM updates the Taxes, Tariffs and Trade page of nafem.org weekly. We recommend visiting this page for information and consult with your customs broker for up-to-the-minute tariff information relative to your business and its products. Members also can send questions to advocacy@nafem.org. 

Other items NAFEM is tracking

ENERGY

States setting energy-efficiency standards

The following states have energy-efficiency standards in place or pending for a variety of commercial foodservice equipment: California, Colorado, Connecticut, Washington D.C., Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington1.   

States require manufacturers to register with appliance standards databases 

  • The State Appliance Standards Database (SASD) is an important registration body for commercial food equipment and other manufacturers, with Massachusetts, Maryland, New Jersey, New York and Rhode Island requiring registration of various products, including commercial dishwashers, fryers, hot food holding cabinets, ovens and steam cookers. These states may issue financial penalties for products sold within their borders that don’t meet minimum energy-efficiency or are unregistered.  
  • California also requires manufacturers to certify the performance of refrigeration products sold in the state via its Modernized Appliance Efficiency Database System (MAEDbS). The two databases do not share information, so manufacturers must register with both databases to sell products in the covered states. 

ENERGY STAR® expands component inspection program 

  • The ENERGY STAR component inspection program expands to electric cooktops in 2025. 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. 

ENVIRONMENT

PFAS reduction efforts active at federal and state levels

Per- and polyfluoroalkyl (PFAS), or so called “forever chemicals,” are increasingly the focus of federal and state reduction efforts and outright bans. Nonstick, water- and grease-resistant products, refrigeration and some firefighting foams all use the chemicals. 

  • The Complex Products Manufacturers Coalition overview of current PFAS legislation at the international federal and state level is updated monthly and helps members keep track of myriad state activities.  

Canada to require PFAS reporting 

Beginning this year, Canada will require manufacturing and other facilities to report the use of PFAS to the National Pollutant Release Inventory to improve understanding of how PFAS are used in Canada, help evaluate possible industrial PFAS contamination, and support efforts to reduce environmental and human exposure to harmful substances. 

EPA considers deregulations

EPA provides HFC phasedown data 

  • 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. 

NY State finalizes HFC regulations

  • New York State announced new regulations including prohibitions, reporting, and other requirements for HFCs to help achieve required statewide greenhouse gas emission limits.  

Extended producer responsibility (EPR) efforts in states

  • EPR efforts hold producers responsible for the lifecycle of their products. Multiple states have approved EPR plans, including Maine, Oregon, California, Colorado, Washington, New Jersey and Minnesota thus far primarily aimed at recycling and consumer, single-use plastic as well as packaging.  
  • There has been no further activity on NY Senate Bill 01459 and Assembly Bill A2164 introduced January 2025 which would require the state to establish an extended producer responsibility plan for household appliances and regulated refrigerants by Dec. 31, 2027. Currently covered under the definition of “household appliances” are “any appliance generally intended for household or commercial use” including refrigerators, dishwashers, ranges, range hoods and ventilation, cooktops, wall ovens, microwaves, freezers and numerous other appliances. Producers, identified as manufacturers, would be required to establish a collection program for appliances and bulk regulated refrigerants.  

California climate disclosure bills could impact members

  • California is in the process of implementing two climate disclosure bills. Impacted companies include those that operate and/or sell in the state and meet other requirements highlighted below:  
  1. SB 261, Greenhouse Gases: Climate-Related Financial Risk, applies to public and private companies with annual revenues of $500 million or more that do business in California. Companies are to complete the Task Force on Climate-Related Financial Disclosures and post to their websites before Jan. 1, 2026.
  2. SB 253, Climate Corporate Data Accountability Act, applies to public and private companies with annual revenues of $1 billion or more that do business in California. Companies are to report Scope 1 and 2 emissions in 2026 and Scope 3 emissions in 2027.   

Gas stove bans in place in some cities, states

  • 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 any timelines for implementing changes to its F-gas regulations that currently do not follow the EU F-gas regulations. Manufacturers have been urged to find alternative refrigerants to comply with the EU F-gas regulations in 2026.

Washington State Lead in Cookware Law 

  • In 2024, Washington adopted the Lead in Cookware Law to prohibit the sale of cookware containing lead in Washington. As of January 1, 2026: No manufacturer may make, sell, or distribute metal cookware containing lead or lead compounds at a level of more than five parts per million. 

REGULATIONS

Pay transparency laws proliferating

  • Effective Jan. 1, employers with 30 or more employees in Minnesota must include a pay range or fixed pay rate in all job posts. Similar laws to reduce gender and racial wage gaps already exist in California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New York, Rhode Island, Vermont, Washington and the District of Columbia.   

New efforts addressing potential AI discrimination 

  • Colorado became the first U.S. state to govern artificial intelligence (AI) when Governor Polis signed Senate Bill 24-205. The law takes effect in 2026 and requires those developing and using the technology to ensure that AI-generated hiring, banking and housing decisions avoid “algorithmic discrimination.”  
  • Numerous states have or are considering similar AI-related restrictions. 

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. While NAFEM regularly reports on proposed changes, members should closely monitor the Prop 65 changes impacting their businesses.  

Prevention of heat-related illnesses and injuries addressed in California final rule; OSHA considers similar

SUPPLY CHAIN

Investigation underway on transit “choke points” 

  • The Federal Maritime Commission (FMC) launched an investigation into transit constraints that may be creating unfavorable shipping conditions for U.S. foreign trade. “Choke points” being studied are the Suez Canal, Panama Canal, English Channel, Malacca Strait, Singapore Strait, Northern Sea Passage and Strait of Gibraltar. FMC is looking into laws, regulations and practices of foreign governments or the practices of foreign-flag vessels owners or operators and is accepting comments until May 13.  

Know your supply chain: Restricted entities listed on government database

  • The International Trade Administration (ITA) maintains the Consolidated Screening List (CSL) of parties with which the U.S. restricts certain exports, reexports or transfers of items, including those addressed under the Uyghur (China) Forced Labor Prevention Act (UFLPA), Russia/Belarus sanctions and others. ITA updates the list daily, and email updates are available at the link above. 

TAXES, TARIFFS & TRADE

Tariff updates available at nafem.org 

  • Given the constantly changing nature of the tariff situation, NAFEM updates the Taxes, Tariffs and Trade page of nafem.org weekly. We recommend visiting this page for information and consult with your customs broker for up-to-the-minute tariff information relative to your business and its products.  Members also can send questions to advocacy@nafem.org. 

Tax reform a top NAFEM priority 

  • If Congress fails to pass legislation to extend or make permanent the tax reform provisions from the 2017 Tax Cuts and Jobs Act, it will result in the largest tax increase in U.S. history. The NAFEM Advocacy Action Center makes it easy to join NAFEM in reaching out to elected officials to relay how important these provisions are to your business, competitiveness and the overall U.S. economy, particularly with the uncertainty due to tariffs. 

Hundreds of sanctions and restrictions remain in place against Russia and Belarus 

  • Hundreds of sanctions and restrictions are in effect against Russia and third-parties allegedly helping Russia evade sanctions. The departments of Commerce, State and Treasury continue to act against individuals and organizations. NAFEM members should continue to scrutinize their supply chains. 

Focus on shipments of goods produced with Uyghur labor continues 

  • U.S. Customs and Border Protection (CBP) continues to closely watch for goods covered under the Uyghur (China) Forced Labor Prevention Act (UFLPA) that largely prohibits importing any items mined, produced or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China. Industrial and manufacturing materials represent the second highest volume of denied shipments; apparel is first. To clarify the UFLPA, CBP published FAQs, best practices and guidance. 

OTHER TOPICS?

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