What We’re Watching

Nov. 18, 2025

What We’re Watching offers background on all NAFEM advocacy efforts, including energy, environment, regulations, supply chain, and taxes, tariffs and trade.  

To communicate with state and federal elected officials on these or other topics, visit NAFEM’s Advocacy Action Center . The Center also includes 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
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. 
– NAFEM working to schedule meeting with DOE to discuss next steps. 
Commercial Refrigeration Equipment
  IssueDocket No./LinkStatus/Notes
1 Standards withdrawn under the Congressional Review Act.  EERE-2017-BT-STD-0007– NAFEM working to schedule meeting with DOE to discuss next steps.
Walk-in Coolers/Freezers
  IssueDocket No./LinkStatus/Notes
1 Standards withdrawn under the Congressional Review Act.EERE-2017-BT-STD-0007 – NAFEM working to schedule meeting with DOE to discuss next steps.
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.

As lithium-ion battery use increases, resources available

  • NAFEM’s Fuels (F) Task Group discussed the increased use of lithium-ion batteries to peak shave or provide consistent power during brownouts or failures. The task group recommended 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
  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.

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.
– Comments on Sept. proposal due Nov. 17. 
2In 2024 EPA proposed adding individual PFAS and 15 PFAS categories representing more than 100 individual PFAS, to the Toxics Release Inventory.   EPA-HQ-OPPT-2023-0538– Comment period closed Dec. 9, 2024
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 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– Comment period closes Sept. 22.
5PA 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 
6Substitute refrigerants acceptable in refrigeration systems are listed in the proposed Significant New Alternative Program (SNAP) Rule 27.  EPA-HQ-OAR-2024-0503 
Fact sheet 		Comments due Dec. 26 or 30 days after a public hearing, if one is held 
Other Environmental items NAFEM is tracking
  • 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.” 
  • 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.

Canada requires 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.

NAFEM successfully advocates re: PFAS confusion in California 

  • At the encouragement of NAFEM and others, California Governor Newsom vetoed SB 682 that confused PFAS with fluoropolymers like PTFE, that are safely used on cookware. NAFEM pointed out that the bill would have forced cookware distribution, sales and related activity out of the state.  

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. 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

  • 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.
  • Members are encouraged to discuss reporting requirements for SB 253 and 261 with legal counsel. 

Noncompete agreements again under study  

  • The Federal Trade Commission (FTC) published a Request for Information (RFI) seeking comments to understand employer noncompete agreements and “gather information to inform possible future enforcement actions.” Comments were due Nov. 3. In April 2024, a nationwide ban on noncompete agreements was attempted by the Commission. It was blocked by a federal court in August 2024.

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.
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. 
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.S 2501 – Referred to the Committee on Health, Education, Labor, and Pensions July 26.

Review NAFEM’s Global Market and Conformity Guide for links to international certification requirements and resources. 

Other Regulation-related 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.

Washington State to further tighten lead in cookware limits in 2028 

While Washington State increased the allowable lead in cookware to 90 parts per million (ppm) through Dec. 31, 2027, the allowable limit will decrease to 10 pm Jan. 1, 2028. Members concerned about these limits are encouraged to contact advocacy@nafem.org. Additionally: Cookware is limited to aluminum and brass items. 

  • Stainless steel is not covered, even if there are layers of aluminum or brass inside the stainless steel.  
  • The body of electronic cooking devices with removable cooking containers – such as slow cookers, rice cookers and pressure cookers – is no longer considered cookware under the law. The removable container used for cooking the food is still covered under the law if it is made of aluminum or brass.  
  • Items such as ranges, cooktops, refrigerators and freezers are no longer considered cookware under the law.   
Taxes, Tariffs & Trade

The latest tariff information, including that below, is available 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. 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.
2The 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.
3A Section 232 investigation is underway for imports of timber, lumber and their derivative products.X-RIN 0694-XC117– Report due Nov. 26.
4The administration launched a Section 301 investigation into Brazil’s trade practices.USTR–2025–0043– Comment period closed Aug. 18.
– USTR held a hearing Sept. 3.
5The 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. 
6The USMCA is up for the mandatory six-year review in 2026. According to the terms, if any country objects to extending the agreement, it triggers an annual approval process and a countdown to the USMCA’s end in 2036. In anticipation of upcoming negotiations, the USTR is seeking public comments. USTR-2025-0004 and USTR-2025-0005– Comment period closed Nov. 3. 
– Public hearing held Nov. 17. 
7The Secure Trade Act would codify a 10% baseline tariff on all imported goods. It also revises HTS categories to create a 35% tariff on nonstrategic goods from China and a 100% tariff on strategic goods from the country. HR 4978 

U.S. Supreme Court heard IEEPA arguments 

The U.S. Supreme Court (SCOTUS) heard oral arguments in the International Emergency Economic Powers Act (IEEPA) tariffs case Nov. 5. Already, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit struck down the IEEPA tariffs. However, the tariffs remain in place as court proceedings continue. Should the SCOTUS agree with the lower courts, the IEEPA tariffs will be struck down, but it remains to be seen how and if potential refunds will be addressed.  

Section 301 tariffs upheld  

The SCOTUS elected not to hear a final appeal questioning the legality of the Section 301 tariffs on Chinese goods. As all lower courts found the tariffs legal, they will remain in effect.  

OTHER TOPICS?

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