TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 10 HEMP POST-HARVEST PROCESSING
PART 2 HEMP
EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND
TESTING
20.10.2.1 ISSUING
AGENCY: New Mexico Environment Department, P.O. Box 5469,
Santa Fe, New Mexico 87502, Telephone No. (505) 827-2855.
[20.10.2.1 NMAC - N, 1/28/2020]
20.10.2.2 SCOPE: All
individuals, businesses, agencies, institutions, or other entities engaged in
the transportation, extraction, storage, or processing of hemp products in New
Mexico.
[20.10.2.2 NMAC - N, 1/28/2020]
20.10.2.3 STATUTORY AUTHORITY: The Hemp Manufacturing Act, NMSA 1978,
Sections 76-24-1 to 76-24-10 (2017 as amended through 2019); Department of
Environment Act, NMSA 1978, Sections 9-7A-1 through 9-7A-15 (1991 as amended
through 2003).
[20.10.2.3 NMAC - N, 1/28/2020]
20.10.2.4 DURATION: Permanent.
[20.10.2.5 NMAC - N, 1/28/2020]
20.10.2.5 EFFECTIVE DATE: January
28, 2020, unless a later date is cited at the end of a section.
[20.10.2.4 NMAC - N, 1/28/2020]
20.10.2.6 OBJECTIVE: To
establish uniform standards for the transportation, extraction, processing, and
testing of hemp products for the purpose of ensuring the safe manufacture and accurate
presentation of hemp products for human consumption, absorption, and inhalation.
[20.10.2.6 NMAC - N, 1/28/2020]
A. “Act”
means the Hemp Manufacturing Act, Section
76-24-1, et seq., NMSA 1978.
B. “Adulterated”
has the meaning stated in the New Mexico
Food Act, Section 25-2-10 NMSA 1978.
C. “Applicant”
means a person who has submitted a hemp
facility application to the regulatory authority.
D. “Application”
means documents provided by, and
submitted to, the regulatory authority by an applicant as part of the process
for obtaining a permit to extract, process, or engage in other manufacturing
activities of hemp or hemp products.
E. “Approved”
means acceptable to the regulatory
authority based on the regulatory authority’s determination of conformity with
principles, practices, and generally recognized standards that protect public
health and compliance with the requirements of this part and the act.
F. “Blend”
means to combine into an integrated
whole.
G. “Board”
means the environmental improvement board.
H. “Cannabis sativa L.” means
the plant cannabis sativa L. and any part of the plant, whether growing or not.
I. “CBD” means cannabidiol and is a cannabinoid and the primary non-psychoactive
ingredient found in hemp.
J. “Certificate of analysis” means an
official certificate issued by a hemp laboratory signed by an authorized
official of the hemp laboratory that guarantees the results of the laboratory’s
testing of a sample.
K. “Conditional
employee” means a potential hemp
employee to whom a job offer is made, conditional on responses to subsequent
medical questions or examinations designed to identify potential hemp employees
who may be suffering from a disease that may be transmitted through hemp, hemp
extract, hemp-derived material, or hemp finished product and done in compliance
with Title 1 of the Americans with Disabilities Act of 1990.
L. “Disposition” means storing, transferring to another person,
or disposal.
M. “Drinking
water” means water that meets criteria
as specified in 20.7.10 NMAC. Drinking water
is traditionally known as “potable water” and includes the term “water” except
where the term used connotes that the water is not potable, such as “boiler
water,” “mop water,” “rainwater,” “wastewater,” and “non-drinking” water.
N. “Employee”
means the permit holder, person in
charge, hemp employee, person having supervisory or management duties, person
on the payroll, family member, volunteer, person performing work under
contractual agreement, or other person working in a hemp facility.
O. “Hemp”
means the plant cannabis sativa L. and
any part of that plant, including seeds and all derivatives, extracts,
cannabinoids, isomers, acids, salts and salts of isomers, whether growing or
not, with a THC concentration of not more than three-tenths percent on a dry
weight basis.
P. “Hemp-derived material” means
any material containing THC in any concentration derived from cannabis sativa
L. through any activity authorized pursuant to the act.
Q. “Hemp employee”
means an individual working with
unpackaged hemp products or equipment utensils, or surfaces that contact
unpackaged hemp products.
R. “Hemp extract” means oil
and extracts, including cannabidiol, cannabidiolic acid, and other identified
and non-identified compounds derived from hemp.
S. “Hemp
extraction facility” means an
operation that produces hemp extract.
T. “Hemp
facility” means a hemp extraction
facility, hemp manufacturing facility, hemp processing facility or hemp
warehouse.
U. “Hemp finished product” means a hemp
product that is intended for retail sale and containing hemp or hemp extracts
for human consumption, absorption, or inhalation that has a THC concentration
of not more than three-tenths of one percent (0.30%).
V. “Hemp
harvest certificate” means a
document issued by the New Mexico department of agriculture to a person
licensed to harvest hemp for distribution or sale certifying that a quantity of
hemp meets the THC concentration required pursuant to 21.20.3 NMAC.
W. “Hemp
laboratory” means an analytical
laboratory approved by the regulatory authority to conduct laboratory analysis
of hemp products.
X. “Hemp
manufacturing facility” means an
operation, other than a hemp extraction facility, that produces hemp products,
other than hemp extract, and provides hemp products for sale or distribution to
other business entities.
Y. “Hemp processing facility”
means an operation, other than a hemp
manufacturing facility, where hemp is processed or dried into a hemp finished
product or into a hemp product that does not require further processing before
being offered as a hemp finished product.
Z. “Hemp products” means hemp,
hemp-derived material, hemp extract, and hemp finished product.
AA. “Hemp transportation manifest” means a form
used for identifying the quantity, composition, origin, and destination of hemp
products during transportation.
BB. “Hemp
transportation unit” means a motor
vehicle department-licensed, driven or towed wheeled vehicle utilized to
transport hemp products.
CC. “Hemp
warehouse” means a location, other
than a hemp extraction facility or hemp manufacturing facility, where hemp
extract is stored.
DD. “Imminent health hazard” means a
significant threat or danger to health that is considered to exist when there
is evidence sufficient to show that a product, practice, circumstance, or event
creates a situation that requires immediate correction or cessation of
operation to prevent injury based on:
(1) the
number of potential injuries; and
(2) the
nature, severity, and duration of the anticipated injury.
EE. “Law” means applicable
local, state, and federal statutes, regulations, and ordinances.
FF. “Licensee” means a
person that possesses a valid license for hemp production issued by NMDA.
GG. “Misbranded” has the
meaning stated in the New Mexico Food Act, Section 25-2-11 NMSA 1978.
HH. “NMDA” means the
New Mexico department of agriculture.
II. “Operational plan” means a
written plan outlining the product formulation, production steps, safety
requirements, distribution, labeling, and recall procedures that will be
implemented by a hemp facility when processing hemp products.
JJ. “Permit” means the document issued by the regulatory
authority that authorizes a person to operate a hemp facility.
KK. “Permit holder” means the
entity that:
(1) is
legally responsible for the operation of the hemp facility such as the owner,
the owner's agent, or other person; and
(2) possesses
a valid permit to operate a hemp facility.
LL. “Person” means an
association, a corporation, individual, partnership, other legal entity,
government, or governmental subdivision or agency.
MM. “Person in charge” means the
individual present at a hemp facility who is responsible for the operation at
the time of inspection.
NN. “Personal care items” means items
or substances that may be poisonous, toxic, or a source of contamination and
are used to maintain or enhance a person’s health, hygiene, or appearance, and
includes items such as medicines; first aid supplies; and other items such as
cosmetics, and toiletries such as toothpaste and mouthwash.
OO. “Poisonous or toxic materials” means
substances that are not intended for ingestion and are included in four
categories:
(1) Cleaners and sanitizers, which include cleaning and
sanitizing agents and agents such as caustics, acids, drying agents, polishes,
and other chemicals;
(2) Pesticides, except sanitizers, which include substances
such as insecticides and rodenticides;
(3) Substances necessary for the operation and maintenance of
the establishment such as nonfood grade lubricants and personal care items that
may be deleterious to health; and
(4) Substances that are not necessary for the operation and
maintenance of the establishment and are on the premises for retail sale, such
as petroleum products and paints.
PP. “Premises”
means:
(1) The physical facility, its contents, and the contiguous
land or property under the control of the permit hold; or
(2) The physical facility, its contents, and the land or
property not described in paragraph (1) of this definition if its facilities
and contents are under the control of the permit holder and may impact hemp
facility personnel, facilities, or operations, and a hemp facility is only one
component of a larger operation.
QQ. “Process authority” means an approved expert in the processes for
controlling pathogenic microorganisms in food and/or hemp products, and as
such, is qualified by education, training and experience to evaluate all of the
aspects of pathogen control measures and determine if such control measures,
when properly implemented, will control pathogens effectively.
RR. “Public
water system” has the meaning stated
in 20.7.10 NMAC.
SS. “Recall”
means a return of hemp products that are either known or suspected to be adulterated,
misbranded, or otherwise unsafe for human consumption, to the manufacturer or
distributor, or that are disposed of by approved methods.
TT. “Regulatory
authority” means
the New Mexico environment department.
UU. “RLD
/ LP Gas Bureau” means the New
Mexico regulation and licensing department, LP gas bureau.
VV. “Secretary”
means the secretary of New Mexico environment
department or a designee.
WW. “Sewage” means liquid waste containing animal or
vegetable matter in suspension or solution and may include liquids containing
chemicals in solution.
XX. “THC”
means delta-9 tetrahydrocannabinol (CAS
number 1972-08-3) as measured using a post-decarboxylation method and based on
percentage dry weight.
YY. “THCA”
means tetrahydrocannabinolic acid (CAS number
23978-85-0).
ZZ.
“Variance” means a written document issued by the
regulatory authority that authorizes a modification or waiver of one or more
requirements of this part if the regulatory authority determines that no hazard
to human health or the environment will result from the modification or waiver.
[20.10.2.7 NMAC - N, 1/28/2020]
20.10.2.8 GENERAL PROVISIONS:
A. Prerequisite and Responsibility for
Operation:
(1) A
person may not operate a hemp facility without a valid permit to operate as issued
by the regulatory authority.
(2) When
more than a single hemp facility is operated on the premises, each one shall be
separately permitted.
(3) When
a food processing plant permitted by the regulatory authority also operates as
a hemp facility, both operations shall be permitted separately.
(4) Except
as otherwise provided, the permit holder shall be responsible for all hemp
facility operations conducted on the premises for which a permit is issued.
(5) When
multiple hemp facilities are permitted by multiple permit holders on the same premises,
each permit holder shall only be responsible for the hemp facility operations
within the scope of their permit.
(6) Each
permit holder shall be responsible for shared facilities or equipment on the premises.
(7) The
permit holder shall ensure that the hemp facility remains in compliance with
this part and the act. A violation of
any provision of this part or the act may result in civil or criminal
proceedings authorized in law, including but not limited to the assessment of
civil penalties, the suspension or revocation of permit(s), destruction of hemp
products, or other such actions.
(8) The
issuance of a permit does not relieve any person operating a hemp facility from
the
responsibility of complying with other applicable laws,
ordinances and regulations.
B. Application, Plans,
and Specifications Requirements:
(1) An
applicant shall submit a written application for a permit, on a form provided
by the regulatory authority, at least 30 calendar days prior to operating a
hemp facility.
(2) An
applicant or permit holder shall submit to the regulatory authority properly
prepared plans and specifications for review and approval at least 30 calendar
days before:
(a) the
construction of a hemp facility;
(b) the
conversion of an existing structure for use as a hemp facility;
(c) the
remodeling of a hemp facility or a change of type of hemp facility if the
regulatory authority determines that plans and specifications are necessary to
ensure compliance with this part; or
(d) opening
or changing ownership of an existing hemp facility, if current plans and
specifications are not on file with the regulatory authority.
(3) It
is the sole responsibility of the applicant to provide the regulatory authority
with a complete permit application. The regulatory
authority will not act on incomplete permit applications.
C. Operational Plans.
(1) Except
as otherwise provided in paragraph (5) of this subsection, a hemp facility shall
submit a written operational plan containing the following information, as
applicable, for each product(s) to be extracted, manufactured and transported
with the application for a permit:
(a) Planned
source of hemp products.
(b) Names
of the ingredient(s);
(c) The
final product pH;
(d) The
final product water activity (Aw);
(e) Names
of preservative(s);
(f) The
type of packaging to be used and whether the packaging is integral to product
stability;
(g) The
intended distribution and use condition of the product;
(h) If
the product is to be distributed at ambient, refrigerated or
frozen temperature;
(i) The expected shelf life during
distribution, retail storage, and in the hands of the consumer;
(j) How the product should be prepared
for consumption;
(k) What mishandling of the product might
occur in the merchandising channels or in the hands of the consumer;
(l) A description of the batch/lot
ID coding system, as required in this section;
(m) The proposed recall plan;
(n) The complete operational procedure
for the intended process, using a flow chart, and the following, if applicable:
(i) The proposed extraction method, and
approval from RLD/LP Gas Bureau if utilizing propane or butane for extraction;
(ii) The proposed process for the removal
of all harmful solvents used during the extraction process;
(iii) The intended disposition
for all unused hemp product and residual solvents;
(iv) The safety measures proposed to
protect the public and employees from dangers associated with extraction
methods;
(o) Proposed product labels that comply with all requirements
of 20.10.2. 13 NMAC;
(p) Proposed record keeping system to
assure traceability of hemp products from harvest to hemp finished products;
and
(q) Proposed pest control plan.
(2) Prior to adding new hemp products, or
changing the stated process for any existing product in the product line, the
hemp facility shall provide to the regulatory authority:
(a) For each new hemp product, the same
information as specified for the initial application in this section; and
(b) For each existing product for which a
change will be made in the manufacturing process, the applicable changes to the
information previously submitted pursuant to this section.
(3) The regulatory authority may require
that the hemp facility’s processes be reviewed by an approved process authority
to verify all critical factors of public health significance are addressed.
(4) Recall procedures shall be prepared
for hemp products that may be adulterated, misbranded, or otherwise unsafe for
human consumption and shall include:
(a) Plans for identifying products which
may be adulterated or misbranded;
(b) Procedures for collecting,
warehousing, controlling, reworking, and/or disposal of recalled products;
(c) System for determining the
effectiveness of recalls; and
(d) Persons to contact when implementing
a recall, including the regulatory authority.
(5) A hemp warehouse is exempt from the
requirements of Paragraph (1) of Subsection C of this section, except hemp
warehouses shall provide:
(a) Proposed pest control plan;
(b) If the product is to be stored at
ambient, refrigerated or
frozen temperature;
(c) Proposed record keeping system to
assure traceability of hemp products from receipt to release;
(d) Proposed recall plan meeting the
requirements specified in Paragraph (4) of this subsection; and
(e) If storing non-hemp products in the
same warehouse as hemp products, a complete operational procedure outlining how
hemp products will remain clearly identified, segregated from non-hemp
products, and unadulterated during storage.
D. Fees,
Penalty Fees, and Expiration Dates:
(1) Initial
and renewal application fees are non-refundable and shall be:
(a) $1000.00
for a hemp extraction facility;
(b) $1000.00
for a hemp manufacturing facility;
(c) $1000.00
for a hemp warehouse; and
(d) $500.00
for a hemp processing facility.
(2) Application fees specified in
Paragraph (1) of Subsection D of this section shall be paid upon submission of
an initial or renewal application. Except as specified in Paragraph (5) of
Subsection D of this section, application fees shall include all applicable
costs associated with administration of a hemp facility permit.
(3) Permits
issued pursuant to Subsection E of this section shall expire on the last day of
the anniversary month of the date of original issue.
(4) The
expiration of permits issued prior to January 28, 2020 shall be extended to the
last day of the anniversary month of the date of original issue.
(5) When
a re-inspection is scheduled by the regulatory authority a penalty fee of
$250.00 shall be assessed and paid by the permit holder prior to the
re-inspection being conducted as specified in Subsection B of 20.10.2.16 NMAC
or prior to the approval of a renewal application.
E. Permit Issuance, Permit Denial, Permit
Renewal, and Change of Ownership:
(1) To
qualify for a permit, an applicant shall:
(a) be
an owner of the hemp facility or an official authorized by the owner of a hemp
facility;
(b) comply
with the requirements of this part and the act;
(c) allow
access to the hemp facility by the regulatory authority and to provide requested
information; and
(d) pay
the required fees as specified in Subsection D of this section.
(2) The
regulatory authority shall issue a permit to the applicant after:
(a) a
properly completed application is submitted;
(b) the
required fee, as specified in Paragraph (1) of Subsection D of this section, is
submitted;
(c) the
requirements specified in Subsections B and C of this section are approved by
the regulatory authority;
(d) a
preoperational inspection by the regulatory authority is conducted and demonstrates
that the hemp facility is built or remodeled in accordance with the approved
plans and specifications; and,
(e) the
hemp facility is in compliance with this part and the act.
(3) Upon
acceptance of the permit issued by the regulatory authority, the permit holder,
in order to retain the permit, shall:
(a) post
the permit in a conspicuous location in the hemp facility;
(b) comply
with the provisions of this part, including the approved operational plans;
(c) immediately
contact the regulatory authority to report an illness of a hemp employee or conditional
employee as specified under Subsection A of 20.10.2.9 NMAC;
(d) immediately
discontinue operations and notify the regulatory authority if an imminent
health hazard may exist as specified in 20.10.2.17 NMAC;
(e) allow
representatives of the regulatory authority access to the hemp facility as
specified in 20.10.2.11 and 20.10.2.16 NMAC;
(f) replace
existing facilities and equipment that comply with this part if:
(i) the
regulatory authority directs the replacement because the facilities and equipment
constitute a public health hazard or nuisance or no longer comply with the
criteria upon which the facilities and equipment were accepted;
(ii) the
regulatory authority directs the replacement of the facilities and equipment
because of a change of ownership; or
(iii) the
facilities and equipment are replaced in the normal course of operation.
(g) comply
with directives of the regulatory authority including time frames for corrective
actions specified in inspection reports, notices, orders, warnings, and other
directives issued by the regulatory authority in regard to the permit holder’s hemp
facility or in response to community emergencies.
(h) accept
notices issued and served by the regulatory authority according to law.
(i) be
subject to the administrative, civil, injunctive, and criminal remedies
authorized in law for failure to comply with this part, the act, or a directive
of the regulatory authority, including time frames for corrective actions specified
in inspection reports, notices, orders, warnings, and other directives.
(j) provide
the most recent hemp facility inspection report to consumers upon request.
(4) If
an application for a permit to operate is denied, the regulatory authority
shall provide the applicant with a written notice that includes:
(a) the
specific reasons or regulation citations for the permit denial; and
(b) advisement
of the applicant's right of appeal and the process and time frames for appeal
that are provided in law.
(5) A
permit may not be transferred. This
includes a prohibition on transferring a permit from one person to another
person, from one location to another location, or from one type of operation to
another type of operation.
(6) The
regulatory authority may issue a permit to a new owner of an existing hemp
facility upon completion of requirements as specified in this subsection.
(7) The
regulatory authority may renew a permit for a hemp facility upon submission of
a renewal application provided by the regulatory authority and the required
fee(s) as specified in Paragraph 1 of Subsection D of this section.
[20.10.2.8 NMAC - N, 1/28/2020]
20.10.2.9 MANAGEMENT AND PERSONNEL:
A. Adoption of food
code subparts 2-201, 2-301, and 2-401, and section 2-103.11. Except as otherwise provided, subpart 2-201,
2-301, and 2-401, and section 2-103.11 of the 2017 United States food and drug
administration model food code is hereby adopted and incorporated in its
entirety.
B. A hemp facility
shall have written procedures for employees to follow when responding to
vomiting or diarrheal events that involve the discharge of vomitus or fecal
matter onto surfaces in the hemp facility. The procedures shall address the specific
actions employees must take to minimize the spread of contamination and the
exposure of employees, consumers, food, and surfaces to vomitus or fecal
matter.
C. Except as
otherwise provided, the permit holder shall be the person in charge or shall
designate a person in charge and shall ensure that a person in charge is
present at the hemp facility during all hours of operation.
D. In a hemp
facility with two or more separately permitted departments that are the legal
responsibility of the same permit holder and that are located on the same premises,
the permit holder may designate a single person in charge who is present on the
premises during all hours of operation, and who is responsible for each
separately permitted hemp facility on the premises.
E. The person in
charge shall have the education, training, or experience necessary to supervise
the production of clean and safe hemp product and ensure the hemp facility
remains in compliance with this part and the act at all times.
F. Personal care
items on the premises shall be stored in a manner to protect hemp products,
other ingredients, equipment, and utensils from contamination at all times.
[20.10.2.9 NMAC - N, 1/28/2020]
20.10.2.10 HEMP PRODUCT TRANSPORTATION
REQUIREMENTS:
A. Hemp facilities shall only
transport hemp product to NMED permitted hemp facilities or persons approved by
the regulatory authority.
B. Except as provided in Subsections E
and F of this section, hemp facilities shall create and utilize a hemp
transportation manifest meeting the requirements of subsection C of this
section when transporting hemp product.
C. A hemp transportation manifest
created by a hemp facility shall contain the following information:
(1) Name, address, phone number, and
permit number of the hemp facility;
(2) Name, address, and phone number of
the person transporting the hemp product;
(3) The hemp transportation unit’s:
(a) year, make, model, and color (if
applicable); and
(b) license plate number;
(4) Batch/lot ID created by the hemp
facility;
(5) Item(s) description/composition of
hemp product;
(6) Quantity of hemp product;
(7) Shipping date; and,
(8) Destination of the hemp product,
including the name, address, and phone number of the person receiving the hemp
product.
D. Hemp facilities transporting
hemp finished products intended for human consumption or hemp products that
will be utilized as ingredients in hemp finished products intended for human
consumption shall transport such items under conditions that will protect
against allergen cross-contact and against biological, chemical (including
radiological), and physical contamination of food, as well as against
deterioration of the food and the container in accordance with the New Mexico
Food Service Sanitation Act and the New Mexico Food Act.
E. Hemp facilities
transporting small amounts of hemp to approved laboratories or research
facilities in accordance with practices approved under this part and the Act
shall have a hemp harvest certificate and a hemp transportation manifest
containing the following information:
(1) Batch/lot ID of the hemp product;
(2) Item(s) description;
(3) Origin and destination; and
(4) Total volume/weight of each hemp
product.
F. Hemp facilities transporting small
amounts of hemp extract, hemp-derived material, or hemp finished product to
approved laboratories or research facilities in accordance with practices
approved under this part and the Act shall have a hemp transportation manifest
containing the following information:
(1) Batch/lot ID of the hemp product;
(2) Item(s) description;
(3) Origin and destination; and
(4) Total volume/weight of each hemp
product.
[20.10.2.10 NMAC - N, 1/28/2020]
20.10.2.11 HEMP FACILITY REQUIREMENTS:
A. After the effective date of this
part and unless otherwise provided, it is illegal to operate a hemp facility
which does not meet the requirements of this section.
B. Adoption of 21 CFR 117 Subparts A,
B, and F. Except as otherwise provided,
Subparts A, B, and F of the United States code of federal regulations, title 21,
part 117 are hereby adopted and incorporated in their entirety.
C. Modifications. Except as otherwise provided, the following
modifications are made to the incorporated subparts of 21 CFR 117:
(1) 117.301: All records required by this part are subject
to all requirements of this subpart;
(2) 117.315(c): Offsite storage of records is permitted if
such records can be retrieved and provided onsite within 24 hours of request
for official review. Electronic records
are considered to be onsite if they are accessible from an onsite location; and
(3) 117.320: All records required by this part must be
made promptly available to the regulatory authority for official review and
copying upon oral or written request.
D. Omissions. The following provisions are omitted from the
incorporated subparts of 21 CFR 117:
(1) 117.1;
(2) 117.5;
(3) 117.7;
(4) 117.8;
(5) 117.310;
(6) 117.315(d);
(7) 117.325; and
(8) 117.335.
E. The current
21 CFR 111 and United States federal food, drug, and cosmetic act, title 21,
chapter 9 are hereby adopted as a technical reference and interpretation guide.
F. Hemp and Hemp Product Source and Hemp Product Transportation.
(1) Hemp facilities shall not receive
hemp without a hemp harvest certificate issued by NMDA or a person approved by the
regulatory authority verifying the hemp being transported has a THC
concentration of not more than three-tenths of one percent (0.30%) on a dry
weight basis.
(2) Hemp facilities shall not receive
hemp-derived material, hemp extract, or hemp finished product unless:
(a) it is received from an NMED permitted
hemp facility or a person approved by the regulatory authority;
(b) it is accompanied by a hemp
transportation manifest; and
(c) hemp finished products intended for
human consumption or hemp products that will be utilized as ingredients in hemp
finished products intended for human consumption were transported under
conditions that will protect against allergen cross-contact and against
biological, chemical (including radiological), and physical contamination of
food, as well as against deterioration of the food and the container in
accordance with the New Mexico Food Service Sanitation Act and the New Mexico
Food Act.
G. Records and Traceability.
(1) Hemp facilities shall implement
the approved record keeping system at all times and shall maintain traceability
records for a period of two years.
(2) Hemp facilities shall maintain all
shipping records and records of receipt for all hemp products for a period of two
years, including but not limited to:
(a) Hemp harvest certificate;
(b) Hemp transportation manifest;
(c) Date of receipt; and
(d) Certificate of analysis, if hemp
finished product.
H. Hemp facilities shall maintain the operational plans and
recall plan, accepted by the regulatory authority, onsite during all hours of
operation and shall make them available for review by the regulatory authority.
I. The final disposition of all unused hemp product and
residual solvents shall be conducted as approved by the regulatory authority in
Subsection C of 20.10.2.8 NMAC.
J. The permit holder shall be responsible to ensure the
security of, and limit access to, hemp-derived material with a THC
concentration of greater than three-tenths of one percent (0.30%).
[20.10.2.11 NMAC - N, 1/28/2020]
20.10.2.12 WATER
SUPPLY:
A. Drinking water shall be obtained from an approved source that is:
(1) a public water system; or
(2) a non-public water system that is
constructed, maintained, and operated according to law.
B. A drinking water system shall be flushed and
disinfected before being placed in service after construction, repair, or
modification and after an emergency situation, such as a flood, that may
introduce contaminants to the system.
C. Except as specified under Subsection
D of this section:
(1) Water from a public water system
shall meet the construction and drinking water quality standards specified in
20.7.10 NMAC; and
(2) Water from a non-public water system
shall meet:
(a) the construction requirements and drinking
water quality standards of a non-community water system as specified in 20.7.10
NMAC; and
(b) the drinking water source setback
requirements as specified in 20.7.3 NMAC.
D. A non-drinking water supply shall be
used only if its use is approved and shall be used only for nonculinary
purposes such as air conditioning, non-hemp equipment cooling, and fire
protection.
E. Except when used as specified in Subsection
D of this section, water from a non-public water system shall meet the sampling
requirements of a non-community water system as specified in 20.7.10 NMAC.
F. The most recent sample report for
the non-public water system shall be retained on file in the hemp facility or
the report shall be maintained as specified by state water quality regulations.
G. Water shall be received from the
source through the use of:
(1) an approved public water main; or
(2) one or more of the following that
shall be constructed, maintained, and operated according to law:
(a) Non-public water main, water pumps,
pipes, hoses, connections, and other appurtenances;
(b) Water transport vehicles; or
(c) Water containers.
[20.10.2.12 NMAC - N, 1/28/2020]
20.10.2.13 HEMP FINISHED PRODUCT LABELING:
A. After the effective date of this
part and unless otherwise provided, hemp finished products produced for:
(1) human consumption shall meet the
applicable labeling requirements of 21 CFR 101 and the New Mexico Food Act; and
(2) absorption by humans shall meet the
applicable labeling requirements of 21 CFR 701 and 740.
(3) inhalation by humans shall meet
applicable state and federal labeling requirements.
B. In addition to the labeling
requirements specified in Subsection A of this section, hemp finished products
shall clearly identify on the principle display panel of the label:
(1) CBD content in the package and/or
container, labeled in milligrams; and
(2) Total THC content in the package
and/or container, labeled in milligrams.
C. In addition to the labeling
requirements specified in Subsections A and B of this section, hemp finished
products shall include the following statement on the label: “FDA has not
evaluated this product for safety, effectiveness, and quality”.
D. Unless otherwise approved,
statements representing or inferring a hemp finished product contains no THC are
prohibited.
E. Hemp facilities shall design,
maintain and use a coding system that will identify the date and place of
manufacture of each hemp product and shall be clearly visible on the product
label or securely affixed to the body of the container.
F. Except as specified in paragraph (1)
of Subsection D of 20.10.2.14 NMAC, product concentration and content stated on
a hemp finished product label shall not deviate by more than ten percent of
what is stated on the label.
G. Hemp finished products shall not
contain medical, health, or benefit claims on the label.
[20.10.2.13
NMAC - N, 1/28/2020]
20.10.2.14 HEMP
FINISHED PRODUCT TESTING:
A. After the effective date of this part and unless
otherwise provided, hemp finished products that will be used for human
consumption, absorption, or inhalation shall be tested by an approved
laboratory and meet the requirements of this section before they leave the hemp
facility and are transported, distributed, sold or otherwise made available to
consumers.
B. Except as otherwise provided, each
batch/lot of hemp finished product shall be tested as follows:
(1) Cannabinoid profile, including at a
minimum the concentration of the following:
(a) Total THC calculated as THC = (0.877
X THCA) + THC;
(b) D9-THC;
(c) THCA;
(d) CBD; and
(e) CBDA;
(2) Solvents (volatile organic compounds)
utilized throughout the processing of the hemp product;
(3) Content of CBD, total THC, and other compounds
derived from hemp stated on the label of the hemp finished product; and
(4) If dried usable hemp finished
product:
(a) Water content;
(b) Total aerobic microbial count;
(c) Total combined yeast and mold count;
(d) Bile-tolerant gram-negative bacteria;
(e) Salmonella spp. and E. coli; and
(f) Total coliforms count.
C. Hemp processed or dried as a hemp finished product or hemp
product that does not require further processing before being offered as a hemp
finished product shall:
(1) meet the requirements of this
section for hemp finished product; and
(2) be prepared for testing, as
required in Subsection B of this section, as follows:
(a) Blending of the entire batch/lot prior to testing; or
(b) Tested in accordance with a testing plan approved by the regulatory
authority.
D. Testing
limits for hemp finished product shall be as follows:
(1) Total
THC concentration shall not exceed more than three-tenths of one percent (0.30%);
(2) Solvents (volatile organic compounds)
utilized throughout the processing of the hemp finished product shall not
exceed the current United States Pharmacopeia recommended limits for residual
solvents; and
(3) If dried usable hemp finished product:
(a) Water content shall be less than
fifteen percent by weight;
(b) Total aerobic microbial count
shall be less than 100,000 colony forming units per gram (cfu/g) or colony
forming units per milliliter (cfu/mL);
(c) Total combined yeast and mold count
shall be less than 10,000 cfu/g or cfu/mL;
(d) Bile-tolerant gram-negative bacteria shall
be less than 1,000 cfu/g or cfu/mL;
(e) Salmonella spp. and E. coli shall be
absent in 10 grams cfu/g or cfu/mL; and;
(f) Total coliforms count shall be less
than 1,000 cfu/g or cfu/mL.
E. Hemp finished product that exceeds the testing limits
specified in Subsection D of this section, or the testing results specified in
Paragraph 3 of Subsection B of this section do not meet the requirements of
Subsection E of 20.10.2.13 NMAC, may undergo a confirming test by a hemp
laboratory. If the confirming test
confirms the initial test results, the permit holder shall report the results
to the regulatory authority within 24 hours.
F. Hemp finished products that exceed the testing limits
specified in Subsection D of this section, or the testing results specified in
Paragraph 3 of Subsection B of this section do not meet the requirements of
Subsection E of 20.10.2.13 NMAC, shall not be distributed and shall be:
(1) disposed of in an approved manner; or
(2) re-worked in an approved manner.
G. Hemp finished product that is re-worked as specified
in Paragraph 2 of Subsection F of this section shall meet requirements of this
section before they are transported, distributed, sold or otherwise made
available to consumers.
H. Hemp facilities shall obtain a certificate of
analysis for each hemp finished product batch/lot from an approved
laboratory. The certificate of analysis
shall include the results of the required testing required in this section and
shall include the following information:
(1) The
batch identification number;
(2) The
date received;
(3) The
date of testing completion;
(4) The
method of analysis for each test conducted; and
(5) The
signature of an authorized official of the hemp laboratory that guarantees the
results of the laboratory’s testing of a sample.
I. Hemp facilities shall provide the certificate of
analysis with hemp finished products as follows:
(1) If shipped to another business
entity, the certificate of analysis for each hemp finished product shall be
provided to the business entity; or
(2) If shipped directly to the consumer,
shall be provided to the consumer upon request.
[20.10.2.14 NMAC - N, 1/28/2020]
20.10.2.15 HEMP LABORATORIES: Testing required in 20.10.2.14 NMAC
shall be conducted by an approved laboratory that has no direct ownership or
financial interest in the hemp facility for which the testing is being
conducted.
[20.10.2.15 NMAC - N, 1/28/2020]
20.10.2.16 INSPECTION BY REGULATORY AUTHORITY:
A. The regulatory authority shall conduct inspections
of hemp facilities to determine compliance with the act, Food Service
Sanitation Act, the New Mexico Food Act, and this part.
B. When an inspection conducted by the regulatory
authority reveals a violation or repeat violation of this part, and a
re-inspection is scheduled by the regulatory authority, a re-inspection penalty
fee shall be assessed by the regulatory authority and paid by the operator as
specified in Paragraph 5 of Subsection D of 20.10.2.8 NMAC.
C. After the
regulatory authority presents official credentials and provides notice of the
purpose of, and an intent to conduct, an inspection, the person in charge shall
allow the regulatory authority to determine if the hemp facility is in
compliance with this part and the act by allowing access to the facility to
make an inspection, interview employees, and take photos, and providing
information and records requested and to which the regulatory authority is
entitled according to law, during the hemp facility’s hours of operation and
other reasonable times.
D. The regulatory
authority shall be allowed to copy any records pertaining to the manufacture,
processing, packing, distribution, receipt, holding, or importation of hemp
product maintained by or on behalf of a hemp facility in any format, including
paper and electronic formats, and at any location. Proprietary documents shall be protected by
the regulatory authority according to law.
E. If a person in
charge denies access to the regulatory authority, the regulatory authority
shall:
(1) inform
the person that:
(a) the
permit holder is required to allow access to the regulatory authority as
specified in Subsection F of this section;
(b) access
is a condition of the acceptance and retention of a hemp facility permit to
operate as specified in Paragraph 3 of Subsection E of 20.10.2.8 NMAC;
(c) if
access is denied, an order issued by the appropriate authority allowing access,
hereinafter referred to as an inspection order, may be obtained according to law;
and
(d) refusal
to allow access is grounds for immediate permit suspension or revocation; and
(2) make
a final request for access.
F. If after the regulatory
authority presents credentials and provides notice as specified in Subsection C
of this section, explains the authority upon which access is requested, and
makes a final request for access as specified in Subsection E of this section,
the person in charge continues to refuse access, the regulatory authority shall
provide details of the denial of access on an inspection report form.
G. If denied access
to a hemp facility for an authorized purpose and after complying with Subsection
E of this section, the regulatory authority may issue, or apply for the
issuance of, an inspection order to gain access as provided in law.
H. The
regulatory authority shall document on an inspection report form:
(1) Specific
factual observations of violative conditions or other deviations from this part
that require correction by the permit holder; and
(2) Time
frame for correction of the violations observed and documented.
I. Except as
otherwise provided, a permit holder shall at the time of inspection correct
violations of this part.
J. Considering the
nature of the potential hazard involved and the complexity of the corrective
action needed, the regulatory authority may agree to or specify a longer time
frame.
K. After observing
at the time of inspection a correction of a violation, the regulatory authority
shall enter the violation and information about the corrective action on the
inspection report.
L. As specified in
Subsection J of this section, after receiving notification that the permit
holder has corrected a violation, or at the end of the specified period of
time, the regulatory authority shall verify correction of the violation,
document the information on an inspection report, and enter the report in the
regulatory authority’s records.
M. The regulatory
authority shall request a signed acknowledgment of receipt and provide a copy
of the completed inspection report and the notice to correct violations, as
soon as possible after the inspection, to the permit holder or to the person in
charge.
N. The regulatory
authority shall inform a person who declines to sign an acknowledgment of
receipt of inspectional findings as specified in Subsection I of this section
that:
(1) An
acknowledgment of receipt is not an agreement with findings;
(2) Refusal
to sign an acknowledgment of receipt will not affect the permit holder’s
obligation to correct the violations noted in the inspection report within the
time frames specified;
(3) A
refusal to sign an acknowledgment of receipt is noted in the inspection report
and conveyed to the regulatory authority’s historical record for the hemp
facility; and
(4) A
final request to sign an acknowledgement receipt of inspectional findings will be
made to the person in charge.
[20.10.2.16 NMAC - N, 1/28/2020]
20.10.2.17 CEASING OPERATIONS AND REPORTING:
A. Except as
specified in Subsections B and C of this section, a permit holder shall
immediately discontinue operations and notify the regulatory authority if an
imminent health hazard may exist because of an emergency such as a fire, flood,
extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of
an apparent foodborne or hempborne illness outbreak, gross insanitary
occurrence or condition, or other circumstance that may endanger public health,
employees, or the environment.
B. A permit holder
need not discontinue operations in an area of an establishment that is
unaffected by the imminent health hazard.
C. Considering the
nature of the potential hazard involved and the complexity of the corrective
action needed, the regulatory authority may allow the permit holder to continue
operations in the event of an extended interruption of electrical or water
service if:
(1) a
written emergency operating plan has been approved;
(2) immediate
corrective action is taken to eliminate, prevent, or control any food safety
risk and imminent health hazard associated with the electrical or water service
interruption; and
(3) the
regulatory authority is informed upon implementation of the written emergency
operating plan.
D. If operations
are discontinued as specified in Subsection A of this section or otherwise
according to law, the permit holder shall obtain approval from the regulatory
authority before resuming operations.
[20.10.2.17 NMAC - N, 1/28/2020]
20.10.2.18 PERMIT SUSPENSION AND REVOCATION:
A. The
regulatory authority may immediately suspend a permit, without prior warning,
notice of a hearing, or a hearing, if it determines through inspection,
examination of employees, hemp product records, or other means as specified in
this part, if:
(1) an
imminent health hazard exists; or
(2) the
permit holder:
(a) allows
serious or repeated violations of the Food Service Sanitation Act, the New
Mexico Food Act, the act, or this part;
(b) allows
violations of this part to remain uncorrected beyond time frames for correction
approved, directed, or ordered by the regulatory authority;
(c) violates
any term or condition of a permit as specified under Paragraph 3 of Subsection
E of 20.10.2.8 NMAC;
(d) fails
to comply with Subsection C of 20.10.2.16 NMAC;
(e) fails
to comply with a regulatory authority order issued concerning an employee or
conditional employee suspected of having a disease transmissible through hemp
products by infected persons; or
(f) fails
to comply with a hold order as specified in Subsection A of 20.10.2.21 NMAC;
B. The
regulatory authority shall provide written notice of the immediate suspension
to the permit holder or person in charge.
C. After receiving a written request from the permit holder stating
that the conditions cited in the immediate suspension notice no longer exist,
the regulatory authority shall conduct a reinspection of the hemp facility for
which the permit was summarily suspended.
D. A permit suspension shall remain in effect until the conditions
cited in the immediate suspension notice no longer exist and their elimination
has been confirmed by the regulatory authority through re-inspection and other means
as appropriate as described in Subsection C of this section.
E. If a permit has
been suspended more than one time, the regulatory authority may revoke the
permit.
F. If a hemp
facility fails to comply with an employee restriction order, an order to hold
and not transport hemp product, or an immediate suspension notice, the
regulatory authority may revoke the permit.
G. The regulatory
authority shall conduct a hearing as specified in 20.10.2.19 NMAC prior to
revoking a permit.
H. A permit that
has been revoked shall not be considered for reapplication until the permit
holder has demonstrated to the satisfaction of the regulatory authority that
the hemp facility will comply with this part.
[20.10.2.18 NMAC - N, 1/28/2020]
A. A
permit holder may request an appeal hearing to address concerns about the regulatory
authority’s denial of an application for permit, suspension or revocation of a
permit, or an enforcement action taken by the regulatory authority. A hearing request does not stay the
regulatory authority’s immediate suspension as specified in Subsection A of
20.10.2.18 NMAC.
B. The
permit holder shall submit a written hearing request to the secretary within 10
calendar days from the date of receipt of the denial of an application for
permit, permit suspension, permit revocation, or enforcement action.
C. The
written request for hearing as specified in Subsection B of this section shall
contain the following information:
(1) A statement of the
issue of fact for which the hearing is requested;
(2) A statement of
defense, mitigation, denial, or explanation concerning each allegation of fact;
(3) A
statement indicating whether witnesses will be utilized during the hearing; and
(4) The
name and address of the respondent’s or requestor’s legal counsel, if any.
D. If
the regulatory authority receives a hearing request within the required
timeframe, the regulatory authority shall issue a notice of hearing. The secretary may designate a person to
conduct the hearing and make a final decision or make recommendations for a
final decision. The secretary’s hearing
notice shall indicate who will conduct the hearing and make the final decision.
E. A
notice of hearing shall contain the following information:
(1) Time, date and place of the hearing;
(2) Purpose of the hearing;
(3) The rights of the respondent,
including the right to be represented by counsel and to present witnesses and
evidence on the respondent’s behalf as specified in Subsection M of this
section; and
(4) The consequences of failing to appear
at the hearing.
F. In
the appeal hearing, the burden of proof is on the person who requested the
hearing.
G. A
complete digital recording of a hearing shall be made and maintained as part of
the regulatory authority’s records.
H. The
rules of civil procedure and the rules of evidence shall not apply, but a
hearing shall be conducted so that all relevant views, arguments, and testimony
are amply and fairly presented.
I. Parties
to a hearing may be represented by counsel, examine and cross examine
witnesses, and present evidence in support of their position.
J. The
regulatory authority shall present at the hearing its evidence, orders,
directives, and reports related to the proposed or appealed administrative
remedy.
K. Evidence shall be excluded that is irrelevant,
immaterial, unduly repetitious, or excludable on constitutional or statutory
grounds, or on the basis of evidentiary privilege.
L. Testimony
of parties and witnesses shall be made under oath or affirmation administered
by a duly authorized official.
M. Written
evidence may be received if it will expedite the hearing without substantial
prejudice to a party's interests.
N. Documentary
evidence may be received in the form of a copy or excerpt.
O. At
the end of the hearing, the secretary shall decide and announce if the hearing
record will remain open and for how long and for what reason it will be left
open. Based upon the evidence presented
at the hearing, the secretary shall sustain, modify, or reverse the action of
the regulatory authority. The
secretary’s decision shall be by written order within 15 working days following
the close of the hearing record. The
decision shall state the reasons therefore and shall be sent by certified mail
to the hearing requestor and any other affected person who requests notice. Appeals from the secretary’s final decision
are by Rule 1-075 NMRA.
P. The
regulatory authority may settle a case after a notice of hearing is served by
providing a respondent with an opportunity to request a settlement before a
hearing commences on the matter and by entering into a consent agreement with
the respondent.
Q. Respondents
accepting a consent agreement pursuant to Subsection P of this section waive
their right to a hearing on the matter.
R. Failure
by the permit holder to appear at the hearing shall result in the secretary
upholding the regulatory authority’s initial decision which led to the permit
holder’s hearing request.
[20.10.2.19 NMAC - N, 1/28/2020]
20.10.2.20 REMEDIES: The regulatory authority may seek an administrative or judicial
remedy to achieve compliance with the provisions of this part if a person
operating a hemp facility:
A. fails to have a
valid permit to operate a hemp facility as specified in Subsection A of Section
20.10.2.8 NMAC;
B. fails
to comply with an employee restriction or exclusion order, an order to hold and
not transport hemp product, or an immediate suspension notice issued by the regulatory
authority as specified in Subsection A of 20.10.2.18 NMAC; or
C. denies
the regulatory authority access to the premises of a hemp facility to:
(1) make
an inspection, including taking photographs;
(2) examine and
sample hemp products or other substances found on the premises; or
(3) examine and copy
the records on the premises relating to hemp products as specified in Subsection
C of 20.10.2.16 NMAC.
[20.10.2.20 NMAC - N, 1/28/2020]
20.10.2.21 HOLDING, EXAMINATION, AND
DESTRUCTION OF HEMP PRODUCTS:
A. The regulatory authority may place a hold order on hemp products
in a permitted hemp facility that:
(1) originated
from an unapproved source;
(2) may
be adulterated, misbranded, or
otherwise unsafe for human consumption, or not accurately presented;
(3) are
not labeled according to law;
(4) have
a THC concentration of more than three-tenths percent, in hemp finished product;
or
(5) are
otherwise not in compliance with this part or the act.
B. If the regulatory authority has reasonable cause to believe that
the hold order will be violated, or finds that the order is violated, the regulatory
authority may remove the hemp products that are subject to the order to a place
of safekeeping.
C. The regulatory authority may issue a hold order to a permit
holder or to a person who owns or controls the hemp products, as specified in Subsection
A of this section, without prior warning, notice of a hearing, or a hearing on
the hold order.
D. If the suspected hemp products have been transported, the permit
holder shall be given the opportunity to recall the hemp products voluntarily
at the permit holder’s expense.
E. If the permit holder refuses to recall the suspected hemp
products, the regulatory authority may order a mandatory recall of the
suspected hemp products at the permit holder’s expense.
F. The hold order notice shall:
(1) state
that hemp products subject to the order may not be used, sold, moved from the
hemp facility, or destroyed without a written release of the order from the regulatory
authority;
(2) state
the specific reasons for placing the hemp products under the hold order with
reference to the applicable provisions of this part and the hazard or adverse
effect created by the observed condition;
(3) completely
identify the hemp products subject to the hold order by the common name, the
label information, a container description, the quantity, regulatory
authority’s tag or identification information, and location;
(4) state
that the permit holder has the right to an appeal hearing and may request a
hearing by submitting a timely request as specified in 20.10.2.19 NMAC;
(5) state
that the regulatory authority may order the destruction of the hemp products if
a timely request for an appeal hearing is not received; and
(6) provide
the name and address of the regulatory authority representative to whom a
request for an appeal hearing may be made.
G. The regulatory authority shall securely place an official tag or
label on the hemp products or containers or otherwise conspicuously identify
hemp products subject to the hold order.
H. The tag or other method used to identify a hemp product that is
the subject of a hold order shall include a summary of the provisions specified
in Subsection F of this section and shall be signed and dated by the regulatory
authority.
I. Except as otherwise provided, hemp products placed under a hold
order may not be used, sold, served, or moved from the establishment by any person.
J. The regulatory authority may allow the permit holder the
opportunity to store the hemp products in an area of the hemp facility if the
hemp products are protected from subsequent deterioration and the storage does
not restrict operations of the establishment.
K. Only the regulatory authority may remove hold order tags,
labels, or other identification from hemp products subject to a hold order.
L. The regulatory
authority may examine, sample, and test the hemp products in order to determine
its compliance with the Food Service Sanitation Act, the New Mexico Food Act,
the act, and this part.
M. When hemp
products are found to be adulterated, misbranded, or otherwise unsafe for human consumption, or not accurately
presented; or found in any room, building, vehicle of transportation or other
structure, any hemp products which are unsound or contain any filthy,
decomposed or putrid substance, or that may be poisonous or deleterious to
health or otherwise unsafe, the procedures outlined in Section 25-2-6 NMSA 1978
shall be followed.
N. When any product
is found, by examination or laboratory analysis, to be in violation with this
part or the act, the regulatory authority may order condemnation and disposal
of the product lot, at the expense of the permit holder.
O. The regulatory
authority shall issue a written notice of release from a hold order and shall
remove hold tags, labels, or other identification from the hemp product if the
hold order is vacated.
[20.10.2.21 NMAC - N, 1/28/2020]
20.10.2.22 SERVICE OF NOTICE:
A. A
notice issued in accordance with this part shall be considered to be properly
served if it is served by one of the following methods:
(1) The
notice is personally served by the regulatory authority, a law enforcement
officer, or a person authorized to serve a civil process to the permit holder,
the person in charge, or person operating a hemp facility without a permit; or
(2) The
notice is sent by the regulatory authority to the last known address of the permit
holder or the person operating a hemp facility without a permit, by registered
or certified mail or by other public means so that a written acknowledgment of
receipt may be acquired.
B. An employee
restriction or exclusion order, an order to hold and not transport hemp product, or an immediate suspension
order shall be:
(1) served
as specified in Paragraph (1) of Subsection A of this section; or
(2) clearly
posted by the regulatory authority at a public entrance to the hemp facility
and a copy of the notice sent by first class mail to the permit holder or to
the owner or custodian of the hemp product, as appropriate.
C. Service is
effective at the time of the notice's receipt or if service is made as
specified in Paragraph (2) of Subsection B of this section, at the time of the
notice's posting.
D. Proof of proper
service may be made by affidavit of the person making service or by admission
of the receipt signed by the permit holder, the person operating a hemp
facility without a permit to operate, or an authorized agent.
[20.10.2.22 NMAC - N, 1/28/2020]
20.10.2.23 VARIANCES:
A. The regulatory authority may grant a
variance by modifying or waiving the requirements of this part if the regulatory
authority determines that no hazard to human health or the environment will
result from the modification or waiver.
B. The person
requesting a variance shall submit a written application on a form provided by
the regulatory authority. The following information shall be provided by the
person requesting the variance:
(1) A
statement of the proposed variance;
(2) The
applicable code citations from which the variance is requested;
(3) A
detailed rationale for how the potential hazards to human health or the
environment addressed by the applicable code citations will be alternatively
addressed by the proposal; and
(4) If
applicable, documentation supporting the rationale provided.
C. The regulatory
shall grant the variance, grant the variance subject to conditions, or deny the
variance within 15 working days following the receipt of the variance request.
D. If the
regulatory authority grants a variance as specified in this section, the permit
holder shall:
(1) comply
with the procedures that were approved; and
(2) when
required as a condition of the variance, maintain and provide to the regulatory
authority, upon request, records that demonstrate compliance with the approved
variance.
[20.10.2.23 NMAC - N, 1/28/2020]
HISTORY OF 20.10.2 NMAC:
20.110.2 NMAC, Hemp
Extraction, Production, Transportation, Warehousing, and Testing, filed and
effective August 1, 2019, duration expired by operation of law, January 27,
2020.