Advocacy Tracker

October 26, 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.

Canada shifts energy-efficiency oversight

Canada transferred responsibility for administering the Energy Efficiency Act and Energy Efficiency Regulations from Natural Resources Canada (NRCan) to Environment and Climate Change Canada (ECCC). NAFEM members doing business in Canada should note the change in the federal agency responsible for energy-efficiency compliance and regulatory administration.

Canada seeks industry input on WIC/F guidance

ECCC seeks industry input on walk-in cooler and freezer panels and door assemblies sold in Canada. On behalf of ECCC, Caneta Energy will survey industry members from mid-October through mid-November to better understand available products, challenges with energy-efficiency verification and reporting, and feedback on current dealer requirements. ECCC will use the findings to shape future guidance, outreach and compliance resources. Members interested in participating should contact Ruth Urban of Caneta Energy at rurban@canetaenergy.com.

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	EPA AIM Act labeling requirements for chillers and industrial process refrigeration equipment was Jan. 1, 2026 and Jan. 1, 2027 for ice machines and refrigerated food processing and dispensing equipment.		Fact Sheet
3	EPA delayed reporting under the TSCA Section 8(a)(7) PFAS reporting rule. The rule generally requires companies that manufactured or imported PFAS or PFAS-containing articles between 2011 and 2022 to report information on uses, production volumes, disposal, exposures and environmental and health effects.	EPA-HQ-OPPT-2020-0549	EPA info Reporting period begins Jan. 31, 2027, or 60 days after the effective day of EPAs forthcoming revisions to the rule, whichever comes first.
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

California’s SB 54 packaging law is moving toward full implementation despite calls from some lawmakers and industry groups to pause the program. Producer fees are set to begin March 2027. NAFEM members that sell products into California should determine whether they are considered a “producer” under the program and confirm their registration, reporting and fee obligations. CalRecycle’s permanent SB 54 regulations have been in effect since May 1, 2026. The program is administered by the Circular Action Alliance, as are similar programs in Colorado and Oregon.
The National Association of Wholesaler-Distributors (NAW) appealed a U.S. district court’s ruling upholding Oregon’s extended producer responsibility (EPR) law for packaging. In an Aug. 28 ruling, the court rejected NAW’s argument that the law was unconstitutional because it violated companies’ due process rights. The court also determined that Oregon did not improperly delegate its authority and that the fees imposed by the private organization administering the state’s packaging recycling program, the Circular Action Alliance (CAA), were not excessive. NAW disagrees with those conclusions, and on Sept. 24, asked the 9th U.S. Circuit Court of Appeals to reconsider the lower court’s decision. 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.

PFAS Updates

A federal judge temporarily blocked New Mexico from enforcing its PFAS product-labeling requirement, which was scheduled to take effect Jan. 1, 2027. The court granted a preliminary injunction sought by the NAM and other industry groups, finding they are likely to succeed on their First Amendment challenge to the mandate. The injunction applies nationwide while efforts to secure permanent relief are underway.
Minnesota is continuing to process PFAS product reports submitted by the September deadline, with only about 10% currently visible in the PRISM public portal.
Although the Minnesota Pollution Control Agency’s PFAS reporting deadline was Sept. 15, manufacturers with an approved reporting extension have until Nov. 14 to request a waiver. If the waiver is not granted, the manufacturer must report by Dec. 14. The report must be submitted through the state’s PRISM system. The state granted all 867 complete extension requests it received.
The regularly updated Complex Products Manufacturers Coalition (CPMC) spreadsheet includes current and proposed state and federal regulations addressing PFAS.

California environmental impact reporting deadline passed; add’l requirements paused pending litigation

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
	The House Energy and Commerce Committee advanced the PROTECT USA Act (H.R. 9385) to the full House. The bill aims to shield U.S. manufacturers from provisions in the European Union’s Corporate Sustainability Due Diligence Directive that could extend liability across global supply chains and expose U.S. companies to lawsuits in EU countries.	PROTECT USA Act (H.R. 9385)

What’s new in the FDA’s 2026 Food Code

The U.S. Food and Drug Administration (FDA) released the 2026 Food Code, adding several provisions that could affect foodservice operations, including an alternative cooling process, updated glove-use rules, and new food safety management system requirements. The biennial update also addresses allergen cross-contact, mobile food establishments, sanitizer temperatures, reusable containers, dehydration and freeze-drying. State and local jurisdictions use the Food Code as a model for their own food safety regulations.

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.

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.

Supply Chain

Port fees further paused

Following a letter from NAFEM and more than 200 transportation stakeholders, Treasury Secretary Bessent extended the pause on port fees for Chinese-built ships docking in the U.S. until Jan. 10, 2027. “Resuming Section 301 vessel fees at this time would add another cost layer to an already strained transportation system,” according to the signatories.

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.

Issue

Docket No./Link

Status/Notes

1	A 50% tariffs on certain Canadian goods has been implemented under Section 228 of the Tariff Act of 1930.	Annexes I and II Canada announcement of reciprocal tariffs	-Effective August 22 Canada announced intent to impose reciprocal tariffs September 8
2	The U.S. International Trade Commission (ITC) has completed its analysis of the potential economic effects of revoking permanent normal trade relations (PNTR) treatment for all Chinese imports. The report was published in August.	332-609	– Report
3	The U.S. imposed new tariffs of 10% to 12.5% on 60 trading partners—covering 99.4% of U.S. imports.	See NAFEM’s Taxes, Tariffs and Trade page for the full list of countries	– Effective July 24
4	The USTR imposed an additional 25% tariff on most imports from Brazil under Section 301 of the Trade Act.	Notice of Action	– Effective July 22
5	The USTR opened a Section 301 investigation into Vietnam’s intellectual property protection and enforcement.	USTR-2026-0364	– Comment period closed July 2
6	The Securities and Exchange Commission (SEC) proposed reducing corporate filer classifications from five to two: large, accelerated filers and nonaccelerated filers with a public float below $2 billion.	Fact sheet	– Comment period closed July 27
7	The 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. Countries include China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan and India.	USTR-2026-0067 and USTR-2026-0068	– Comment period closed April 15 – Public hearing held May 5
8	The U.S. Secretary of Commerce initiated a Section 232 investigation 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 was due March 2026
9	The U.S. declined a long-term renewal for USMCA, activating a 10-year period of annual reviews. The agreement remains in full force while negotiations continue.	USTR-2025-0004 and USTR-2025-0005	– Comment period closed Nov. 3, 2025 – Public hearing held Nov. 17, 2025 – NAFEM letter of support

Other Taxes, Trade & Tariff-related items

IEEPA Phase 3 underway

U.S. Customs and Boarder Protection (CBP) is moving forward with Phase 1 and 2 of IEEPA tariff refunds and launched Phase 3 Oct. 6, beginning with qualifying importers involved in Court of International Trade cases. The government continues to appeal the court’s refund order, so NAFEM members should preserve entry-level documentation and monitor CBP guidance as the process evolves. Filing guidance is available on the CBP IEEPA Duty Refunds page.

Major Russian sanctions waived

Citing the “national interests of the United States,” President Trump signed an executive order on October 16, waiving and putting on hold the major Russia sanctions, tariffs, and restrictions mandated by the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 which he had signed into law on September 18, 2026.

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.