Advocacy Tracker

September 23, 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 and other topics. The Center also offers a convenient state policy map where members can search for proposed regulations and legislation potentially impacting their businesses.

For urgent or timely information, visit NAFEM’s Facebook and LinkedIn pages.

Energy

Issue	Docket No./Link		Status/Notes
NAFEM and the AHRI await feedback on the joint recommendations they submitted to the DOE for the next generation of energy standards for commercial refrigeration equipment (CRE) and walk-in coolers and freezers (WIC/F). NAFEM and AHRI look forward to collaborating with DOE on the next iteration of standards and are pursuing follow-up meetings with agency officials.
NAFEM, along with other associations, provided comments on DOE’s proposed Process Rule NOPR that would reinstate a “significant energy savings threshold” of at least a 10% reduction over 30 years.		EERE-2025-BT-STD-0001		– NAFEM Comments – Joint Association Comments – Comment period closed Aug. 21
NAFEM joined 11 other organizations in submitting comments on DOE’s Analytical Methodologies RFI, which seeks input on the methodologies the agency uses to develop energy-conservation standards for covered products and equipment.		EERE–2022–BT–OT-0004		– Joint Association Comments – Comments period closed Sept. 8

Other energy-related items

State energy-efficiency standards

The California Energy Commission (CEC) is in the process of completing the pre-rulemaking phase of considering energy- and water-efficiency standards for commercial dishwashers. Contact Alejandro Galdamez, Appliances Office Efficiency Division, with questions.

The CEC requires manufacturers to certify the performance of refrigeration products sold in California 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

The following states, plus Washington, D.C., have energy-efficiency standards 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.

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.

UL Solutions, Intertek and AHRI can submit to CEC, DOE, ENERGY STAR® and NRC 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.

EPA and DOE provide ENERGY STAR^® transition plan

EPA and DOE finalized the transition plan for DOE to assume leadership of the ENERGY STAR program by July 2027. Throughout the transition, www.energystar.gov, the ENERGY STAR Help Desk and Portfolio Manager Help Desk remain available. 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.

Environment

	Issue	Docket No./Link	Status/Notes
1	NAFEM members met with congressional and federal agency staff, Aug. 4 to discuss EPA AIM Act requirements for ice machines and ask for an extension beyond the Jan. 1, 2027, compliance date. NAFEM has resubmitted a request for an extension and asked for clarity regarding “manufactured” vs. “installation” dates.		– December 2025 Letter Extension Request – Sept. 9, 2026 Request for Clarity – Sept. 9, 2026
2	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.		Fact Sheet
3	EPA issued an interim final rule delaying the PFAS reporting period under the Toxic Substances Control Act (TSCA) to Oct. 13. Any company that manufactured (including imported) PFAS for a commercial purpose from January 2011 – December 2022 is required to report.	EPA-HQ-OPPT-2020-0549	– Interim final rule issued May 13, 2025 – Submissions due October 13. Certain small businesses importing PFAS only in articles have until April 13, 2027.
4	Revisions to the 2023 Technology Transitions Rule extended compliance deadlines for the use of certain hydrofluorocarbons (HFCs) and made a wider variety of refrigerants available.	Final Rule: EPA-HQ-OAR-2025-0005 Fact sheet	– Final rule issued May 21 – Compliance dates vary from Jan. 1, 2027 to Jan. 1, 2032

Other environment-related items

EPR updates

A federal court upheld Oregon’s extended producer responsibility (EPR) packaging law against a constitutional challenge brought by the National Association of Wholesaler-Distributors (NAW). The ruling marks the first federal court decision addressing Commerce Clause and Due Process challenges to a state packaging EPR law and could strengthen efforts to implement and enforce similar laws in other states.
A 17-state coalition is asking a federal court to temporarily block enforcement of California’s packaging EPR law, SB 54, while its constitutional challenge proceeds. The request remains pending, with a hearing scheduled for Jan. 15, 2027.
U.S. HR 9987 would direct the EPA to study the feasibility of a standardized national database. The database could track recyclable materials, recycling infrastructure capacity, recovery and landfill-diversion rates, areas with limited recycling access and EPR program performance. If the study shows that a nationwide database is feasible, proposed legislation will require the agency to establish and maintain a publicly available, online system.
California, Colorado, Maryland and Oregon have active Extended Producer Responsibility (EPR) programs for end-of-life packaging. Maine, Minnesota and Washington have forthcoming programs. All seven states require annual supply reporting and California, Oregon and Washington also include reduction mandates. The slide deck provided by NAFEM’s legal team is a useful resource.

California environmental impact reporting deadline passed

The California 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 every two years. The Climate-Related Financial Risk Act is currently paused due to litigation.

Regulations

Federal regulation-related items

Issue

Docket No./Link

Status/Notes

1	OSHA’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.
2	The 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 – Voice your support through the NAFEM Advocacy Action Center

Global Market Access Requirements

Participating in international markets is essential to remain 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

States considering AI regulations

California, Colorado, Illinois, Texas have, and numerous other states are considering AI-related restrictions that generally prohibit AI-generated algorithmic discrimination in hiring, promotions and other decisions. Members should closely monitor these requirements to ensure compliance.

NY gas-stove labeling bill heads to governor

New York lawmakers approved S 1280B, the Healthy Homes Right to Know Act, which would require warning labels and retail signage for gas stoves. If approved by Gov. Hochul, the warnings would include information on emissions of nitrogen dioxide, carbon monoxide, benzene and formaldehyde. Although the bill primarily targets residential appliances, its language could reach commercial foodservice equipment. NAFEM is working closely with the New York State Restaurant Association (NYSRA) to address this issue. Talking points on this issue are available for industry’s consideration.

Washington State proposes changes to Safer Products program

NAFEM, along with more than 40 organizations, expressed concern about proposed amendments to the Washington Department of Ecology’s Safer Products for Washington program. The changes would expand the agency’s authority and could increase manufacturers’ compliance burdens by requiring more information about raw materials and alternatives, accelerating chemical restrictions and, in some cases, allowing restrictions before safer alternatives are proven feasible or available.

PFAS updates

On Aug. 18, the U.S. Court of Appeals for the D.C. Circuit denied industry group petitions and upheld the EPA’s 2024 designation of two perfluoroalkyl and polyfluoroalkyl substances (PFAS) compounds, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response,
Illinois Gov. ~~Pritsker~~Pritzker signed HB 2955, which could make PFAS manufacturers (not defined) responsible for costs associated with monitoring, containing and removing PFAS from wastewater systems, including costs tied to future state and federal requirements. Illinois must appoint members to a PFAS Wastewater Citizen Protection Committee by Sept. 20, including one representative of a statewide manufacturing organization. The committee will evaluate PFAS regulations, mitigation costs and funding options and issue its first PFAS Action Plan by Aug. 21, 2027.
A federal judge temporarily blocked New Mexico’s labeling requirements for PFAS in products while the lawsuit challenging the requirements continues.
The regularly updated Complex Products Manufacturers Coalition (CPMC) spreadsheet includes current and proposed state and federal regulations addressing PFAS.
The Minnesota Pollution Control Agency extended the due date for PFAS in products reporting to Sept. 15. The Agency also posted additional how-to videos and offers individual technical support.
Any company that manufactured (including imported) PFAS for a commercial purpose from January 2011 – December 2022 is required to report data related to exposure and environmental and health effects to EPA by Oct. 13. Certain small businesses importing PFAS only in articles have until April 13, 2027. The rule must first be reviewed by the Office of Management and Budget (OMB), so the compliance dates may change.
New Mexico PFAS reporting and labeling requirements take effect Jan. 1, 2027. The state posted resources for manufacturers.
Illinois HB 2955 has been advanced to Gov. Pritzker. The bill holds PFAS manufacturers (not defined) fully responsible for the costs of monitoring, containing and eliminating PFAS from wastewater systems, including any expenses tied to future state and federal regulatory requirements. It also would create a committee to calculate these costs and develop a framework for passing them directly to manufacturers.
The regularly updated Complex Products Manufacturers Coalition (CPMC) spreadsheet includes current and proposed state and federal regulations addressing PFAS.

CBP Tightens Importer Data Enforcement

U.S. Customs and Border Protection (CBP) has stepped up enforcement of importer-of-record information. Manufacturers and other importers should review CBP Form 5106, known as the Importer Identity Form and confirm that all information is accurate, complete and tied directly to the importer. CBP may immediately void an importer-of-record number if it finds inaccurate or incomplete information, preventing the company from entering merchandise into the U.S. until CBP reestablishes the number.

FTC warns companies about “Made in USA” claims

The U.S. Federal Trade Commission (FTC) recently warned several companies about potentially misleading “Made in USA” claims. Under the FTC’s Made in USA Labeling Rule, an unqualified U.S.-origin claim generally requires a product to be “all or virtually all” made in the U.S. Manufacturers should review labels, websites and marketing materials to ensure they can substantiate U.S.-origin claims.

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.