What We’re Watching

What We’re Watching

Aug. 28, 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.

Energy
Automatic Commercial Ice Makers

Energy – for all product categories below, NAFEM’s legal team met with DOE and requested information on next steps, including the possibility of negotiated rulemakings. More information to come.

  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.
 
Commercial Refrigeration Equipment
  IssueDocket No./LinkStatus/Notes
1 Standards withdrawn under the Congressional Review Act.  EERE-2017-BT-STD-0007– DOE has one year to issue new standards. 
Walk-in Coolers/Freezers
  IssueDocket No./LinkStatus/Notes
1 Standards withdrawn under the ongressional Review Act.EERE-2017-BT-STD-0009– DOE has one year to issue new standards.
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.
– Comment period closed June 2.
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.
  • 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® 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. In the meantime, 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
  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.EPA-HQ-OAR-2021-0643-0026– Final rule Oct. 5, 2023.
– Compliance dates vary from Jan. 1, 2025, to Jan. 1, 2028.
2The EPA proposes adding 16 individual PFAS and 15 PFAS categories representing more than 100 individual PFAS, to the Toxics Release Inventory. This would identify the PFAS as chemicals of special concern, subjecting their use to robust reporting requirements, even for small concentrations.EPA-HQ-OPPT-2023-0538– Comment period closed Nov. 7, 2024
-.No information provided since.
3EPA 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
– Compliance dates vary from April 13 – Oct. 13, 2026.
4EPA lists final SNAP 26 approved refrigerants.Final rule– Effective July 15, 2024.
– Fact sheet.
5EPA considers rescinding 2009 Endangerment Findings Endangerment Finding that gave the agency authority to regulate GHG emissions from vehicles and some enginesEPA-HQ-OAR-2025-0194– Comments due Sept. 22.
Other Environment items NAFEM is tracking

PFAS reduction efforts active at federal and state levels

  • PFAS are increasingly the focus of federal and state reduction efforts and outright bans. The Complex Products Manufacturers Coalition (CPMC), of which NAFEM is a member, works at the state, federal and international levels to inform regulations that consider the needs of industry to manage PFAS in a responsible manner. These activities are detailed in NAFEM’s State Policy Map in the Advocacy Action Center and in the NAFEM Resources Library.

Canada to require PFAS reporting 

  • 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. It also is considering a three-phase risk-management approach looking for PFAS alternatives and evaluating social-economic as well as technical considerations.

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. 

States launching/considering extended producer responsibility (EPR) programs

  • 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.
  • 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.
  • As this issue is only expected to intensify, NAFEM’s legal counsel provided an overview.
  • 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

  • The California Air Resources Board (CARB) announced that it would not meet the statutory July 1 deadline for adopting CA SB 253 regulations requiring public and private companies with annual revenues of $1 billion or more and do business in California to report Scope 1 and 2 emissions in 2026 and Scope 3 emissions in 2027. The Board anticipates adopting final rules in 2026 and above deadlines could be extended.
  • Per CA SB 261, public and private companies with annual revenues of $500 million or more that do business in California are required to complete the Task Force on Climate-Related Financial Disclosures and post to their websites before Jan. 1, 2026.

Fuels Task Group discusses continued decarbonization efforts

  • 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.
Regulations
  IssueDocket No./LinkStatus/Notes
1OSHA’s proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.OSHA-2021-0009– Comments closed Jan. 14.
– Virtual hearings held June/ July.
2The 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 with a variety of measures.S 2501 – Referred to the Committee on Health, Education, Labor, and Pensions July 26.
Other Regulation 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.

Prevention of heat-related illnesses and injuries addressed in California rules; OSHA considering similar regulations

  • California’s Heat Illness Prevention in Indoor Places of Employment rule went into effect July 23. The law applies to indoor environments when the temperature reaches 82° F. California already has regulations addressing those working in outdoor heat.
  • See the Federal Advocacy Tracker above for updates on federal initiatives.
Supply Chain
1The Federal Maritime Commission (FMC) is investigating 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.
Taxes, Tariffs & Trade
  IssueDocket No./LinkStatus/Notes
1Given the constantly changing nature of the tariff situation, NAFEM updates the Taxes, Tariffs and Trade page of nafem.org regularly. Visit the page for information and consult with your customs broker for tariff information relative to your business and its products. Members also can send questions to advocacy@nafem.org.
2The 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– Report due Dec. 27.
3The U.S. Department of Commerce is conducting a Section 232 investigation to assess U.S. national security risks arising from the country’s increasing dependence on imported smelted and refined copper.X-RIN 0694-XC116– Report due Nov. 22
– .President Trump announced a 50% tariff on imported copper, effective Aug. 1.
4A Section 232 investigation is underway for imports of timber, lumber and their derivative products.X-RIN 0694-XC117– Report due Nov. 26.
5Following a Section 301 investigation of China’s targeting dominance in the maritime, logistics and shipbuilding sectors, the U.S. Trade Representative proposed significant service fees on China-built vessels upon entrance to U.S. ports. The proposal would increase shipping costs, raise prices and decrease exports and imports.USTR–2025–0008– Comments were due May 19.
– NAFEM, the U.S. Chamber of Commerce and 100+ others commented.
6The administration launched a Section 301 investigation into Brazil’s trade practices.USTR–2025–0043– Comments were due Aug. 18.
– USTR will hold a hearing Sept. 3.

OTHER TOPICS?

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