New Mexico Register / Volume XXXVII,
Issue 1 / January 13, 2026
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 - Rp, 20.10.2.1 NMAC,
1/28/2026]
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 - Rp, 20.10.2.2 NMAC,
1/28/2026]
20.10.2.3 STATUTORY
AUTHORITY: Section 76-24-8 NMSA 1978 authorizes the
environment department to issue permits to extract, process, or engage in other
manufacturing activities regarding hemp and directs the department to adopt
permitting rules that include fees.
[20.10.2.3 NMAC - Rp,
20.10.2.3 NMAC, 1/28/2026]
20.10.2.4 DURATION:
Permanent.
[20.10.2.4 NMAC - Rp, 20.10.2.4 NMAC,
1/28/2026]
20.10.2.5 EFFECTIVE
DATE: January 28, 2026, unless a later date is
cited at the end of a section.
[20.10.2.5 NMAC - Rp, 20.10.2.5 NMAC,
1/28/2026]
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 - Rp, 20.10.2.6 NMAC,
1/28/2026]
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 regarding 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. “Broad Spectrum” means hemp extract,
hemp intermediate product, or hemp finished product that contains multiple
cannabinoids, but where the THC has been removed, and the extract or finished
product contains no more than five thousandths of one percent (0.005%) total
THC.
I. “Cannabis sativa L.” means the plant cannabis
sativa L. and any part of the plant, whether growing or not.
J. “CBD” means cannabidiol (Chemical Abstracts Service Number 13956-29-1).
K. “Certificate of analysis” or
“COA” 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.
L. “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.
M. “Consumer”
means a person who is a member of the public, takes possession of hemp finished
product, is not functioning in the capacity of an operator of a hemp facility,
and does not offer the hemp finished product for resale.
N. “Cosmetic” means an article intended to be rubbed,
poured, sprinkled, sprayed on, or otherwise applied to the human body.
O. “Disposition” means the storing, transferring to another
person, or disposal of a product or substance regulated by this part or the
act.
P. “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.
Q. “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.
R. “Food Handler Card”
means a card issued to an individual after successful completion of a
food handler training program to function as a manufacturing employee.
S. “Food Handler Training Program” means an ANSI/ASTM E2659-09 accredited food
handler training certificate program.
T. “Full Spectrum” means
hemp extract or hemp finished product containing all phytochemicals, trace
cannabinoids, terpenes, essential oils, and other compounds found naturally in
hemp, processed without the intentional removal or addition of any compound or
cannabinoid.
U. “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.
V. “Hemp extract” means oil and extracts derived from hemp,
containing THC in any concentration, including cannabidiol, cannabidiolic acid,
and other identified and non-identified compounds.
W. “Hemp extraction
facility” means an operation that
produces hemp extract.
X. “Hemp facility” means a hemp extraction facility, hemp
manufacturing facility, hemp retail manufacturer, or hemp warehouse.
Y. “Hemp finished product” means a
product intended for retail sale to consumers for human consumption, cosmetics,
or inhalation that contains hemp or hemp extract. Hemp finished product does
not include products manufactured for research and development purposes or
products provided to another hemp facility or hemp retailer as samples that
will not be used in the formulation of another hemp finished product or
provided to consumers.
Z. “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.
AA. “Hemp laboratory” means an analytical laboratory approved by
the regulatory authority to conduct laboratory analysis of hemp products.
BB. “Hemp manufacturing facility”
means an operation, other than a hemp extraction facility, hemp retail
manufacturer, or hemp warehouse that produces or repackages hemp products,
other than hemp extract, and provides hemp products for sale or distribution to
other business entities.
CC. “Hemp intermediate
product” means a product containing multiple
ingredients, including hemp or hemp extract, that will be incorporated into a
hemp finished product.
DD. “Hemp
product” means hemp, hemp extract, hemp intermediate
product, or hemp finished product.
EE. “Hemp Retail Manufacturer” means
an operation that produces or repackages hemp finished products and provides
them directly to consumers.
FF. “Hemp Retailer”
means a person that provides hemp finished products directly to
consumers.
GG. “Hemp Tincture” means a liquid hemp finished product
packaged in a container of four fluid ounces or less that contains a
non-potable solution of at least 25 percent non-denatured alcohol, glycerin,
plant-based oil, or concentrated syrup; hemp extract; and may contain additional
ingredients that do not contain added sweeteners and is intended for human
consumption.
HH. “Hemp transportation manifest” means a form used for identifying
the quantity, composition, origin, and destination of hemp, hemp extract, or
hemp intermediate product during transportation.
II. “Hemp warehouse” means a location, other than a hemp
extraction facility, hemp manufacturing facility, or hemp retail manufacturer
where hemp extract is stored.
JJ. “Human
consumption” means the
process of taking food, drink or another substance into the body by swallowing
or absorbing it.
KK. “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.
LL. “Labeling” means the information written, printed,
displayed on, or accompanying a hemp finished product that provides details
about the product’s identity, contents, and usage.
MM. “Law” means applicable local,
state, and federal statutes, regulations, and ordinances.
NN. “Licensee” means a
person that possesses a valid license for hemp production issued by NMDA.
OO. “Manufacturing Employee”
means an individual working with unpackaged hemp, hemp extract, hemp
intermediate product, or other ingredients used to produce hemp finished
products, processing equipment or utensils, or surfaces that contact unpackaged
hemp, hemp extract, hemp intermediate product, or other ingredients used to
produce hemp finished products.
PP. “Misbranded” has the meaning stated in the New Mexico Food
Act, Section 25-2-11 NMSA 1978.
QQ. “NMDA” means the
New Mexico department of agriculture.
RR. “Operational plan” means a
written plan outlining the operational procedures of a hemp facility, including,
but not limited to product formulation, production steps, safety requirements,
cleaning and sanitization, records and record keeping, product distribution,
labeling, and recall procedures that will be implemented by a hemp facility
when processing hemp product.
SS. “Permit” means the document issued by the regulatory
authority that authorizes a person to operate a hemp facility.
TT. “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.
UU. “Person” means an association,
a corporation, individual, partnership, other legal entity, government, or
governmental subdivision or agency.
VV. “Person in charge” means the
individual present at a hemp facility who is responsible for the operation at
the time of inspection.
WW. “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.
XX. “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.
YY. “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.
ZZ. “Process authority”
means an approved expert in the processes for controlling pathogenic
microorganisms in food and/or hemp product, 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.
AAA. “Public
water system” has the meaning stated
in 20.7.10 NMAC.
BBB. “Recall”
means a return of hemp product that is either known or suspected to be
adulterated, misbranded, or otherwise unsafe for human consumption, to the
manufacturer or distributor, or that is disposed of by approved methods.
CCC. “Regulatory
authority” means
the New Mexico environment department.
DDD. “Remediation”
means a process or technique applied to a hemp product to remove heavy metals,
pesticides or solvents, and does not include dilution.
EEE. “RLD / LP Gas Bureau” means the
New Mexico regulation and licensing department, LP gas bureau.
FFF. “Secretary” means the secretary of New Mexico environment
department or a designee.
GGG. “Semi-synthetic cannabinoid”
means a substance that is created by a
chemical reaction that converts one cannabinoid extracted from a Cannabis
sativa L. directly into a different cannabinoid. Semi-synthetic cannabinoid
does not include cannabinoids produced via decarboxylation of naturally
occurring acidic forms of cannabinoids, such as Tetrahydrocannabinolic acid
into the corresponding neutral cannabinoid, such as THC, through the use of
heat or light, without the use of chemical reagents or catalysts, and that
results in no other chemical change.
HHH. “Sewage” means liquid
waste containing animal or vegetable matter in suspension or solution and may
include liquids containing chemicals in solution.
III. “Synthetic
cannabinoid” means
a cannabinoid-like compound that was produced by using chemical synthesis,
chemical modification, or chemical conversion. Synthetic cannabinoid does not
include:
(1) A compound produced through the
decarboxylation of naturally occurring cannabinoids from their acidic forms;
or,
(2) A semi-synthetic cannabinoid.
JJJ. “THC” or “Total THC” means delta-9 tetrahydrocannabinol (CAS
number 1972-08-3) as measured using a post-decarboxylation method and based on
percentage dry weight.
KKK. “THCA” means tetrahydrocannabinolic acid (CAS number
23978-85-0).
LLL. “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 - Rp, 20.10.2.7 NMAC,
1/28/2026]
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 issued
by the regulatory authority.
(2) Except
as specified in Paragraph 9 of this subsection, when more than a single hemp
facility is operated on the premises, each one shall be separately permitted.
(3) When
a food processing plant or food establishment permitted by the regulatory
authority or a home rule municipality 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
product, 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.
(9) A hemp facility that is permitted as a
hemp manufacturing facility, hemp extraction facility, or hemp retail
manufacturer is not required to also be permitted as a hemp warehouse.
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:
(a) operating
a hemp facility;
(b) the construction of a hemp facility;
(c) the
conversion of an existing structure for use as a hemp facility;
(d) 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
(e) opening
or changing ownership of an existing hemp facility, if current plans and
specifications are not on file with the regulatory authority.
(2) 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 specified in Paragraph (5) of this subsection, a hemp facility shall submit
a written proposed operational plan containing the following information:
(a) Planned
source of hemp products;
(b) Method to demonstrate hemp product
received is derived from hemp;
(c) Plan
to secure and limit access to hemp extract or hemp intermediate product with a
Total THC concentration of greater than three tenths of a percent (0.30%), as
specified in Subsection J of Section 11 of this part;
(d) Storage plan for non-hemp ingredients,
hemp, hemp extract, hemp intermediate product, solvents, and residual solvents;
(e) Hemp finished product analytical
testing plan meeting the requirements of Section 14 and Subsection L of Section
11 of this part;
(f) Manager and employee training plan;
(g) Employee health and hygiene plan;
(h) Standard sanitation operating
procedures;
(i) Pest control plan;
(j) Production monitoring equipment list;
(k) Recall plan for hemp products that may
be adulterated, misbranded, or otherwise unsafe for human consumption,
cosmetics, or inhalation, including:
(i) Method to identify products which may
be adulterated or misbranded;
(ii) Procedures to collect, warehouse,
control, rework, and/or dispose of recalled products;
(iii) System for determining the effectiveness
of recalls; and
(iv) Persons to contact when implementing a
recall, including the regulatory authority;
(l) Hemp transportation manifest plan and
sample of the manifest that will be used;
(m) Proposed record keeping system; and
(n) Allergen control plan.
(2) In addition to the requirements
specified in Paragraph (1) of this subsection, a hemp facility shall submit
written hemp product information, for each product, including:
(a) Name of hemp product;
(b) Names of ingredients listed in order
by weight;
(c) Final product pH;
(d) Final product water activity;
(e) Names of preservatives;
(f) Complete operational procedure for
the product beginning with receiving incoming ingredients and continuing to
final product distribution, including identification of critical control
points, and the following, if extraction will be conducted:
(i) Extraction method, including approval
from RLD/LP Gas Bureau if utilizing propane, butane, or any other method
requiring approval from the RLD/LP Gas Bureau;
(ii) Process for the removal of all
solvents used during the extraction process; and
(iii) Final disposition for all hemp products
and residual solvents that will not be used further in the operation of the
hemp facility;
(iv) Safety measures proposed to protect the
public and employees from dangers associated with extraction methods;
(g) Type of packaging to be used meeting
the requirements specified in Subsection I, and if applicable Subsection J, of
Section 13 of this part, including:
(i) Packaging specification sheet
demonstrating compliance with Subsection I, and if applicable Subsection J, of
Section 13 of this part; and
(ii) if the packaging is integral to
product stability, indicate how and provide documentation demonstrating its
effectiveness;
(h) Proposed product label meeting the
requirements of Section 13 of this part;
(i) Description of the bath/lot ID coding
system to track hemp finished product distribution, as specified in Subsection
F of Section 13 of this part;
(j) Proposed product shelf-life with
documentation supporting proposal;
(k) Product care, including:
(i) If product is shelf stable or
requires refrigeration or freezing;
(ii) If the product is ready-to-consume or
requires preparation by the consumer; and
(l) Intended distribution of the product.
(3) Prior to manufacturing a new hemp
product, or changing the stated process for any existing hemp product, the
permit holder shall provide to the regulatory authority:
(a) For each new hemp product, the
information specified in Paragraph (2) of this subsection; and
(b) For each existing product for which a
change will be made in the manufacturing process, the original information
submitted and accepted by the regulatory authority, as specified in Paragraph
(2) of this subsection, with changes clearly denoted.
(4) 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.
(5) A hemp warehouse is exempt from the
requirements of Paragraphs (1) and (2) of this subsection, except hemp
warehouses shall provide:
(a) Pest control plan;
(b) If products held onsite are shelf stable
or require refrigeration or freezing;
(c) Record keeping system;
(d) Recall plan meeting the requirements
specified in Subparagraph (k) of Paragraph 1, of this subsection; and
(e) If storing non-hemp products in the
same warehouse as hemp product, a complete operational procedure outlining how
hemp product will remain clearly identified, segregated from non-hemp products,
and unadulterated during storage.
(6) Unless approved, a hemp retail
manufacturer shall only receive and use hemp extract that is broad spectrum.
(1) Initial
and renewal application fees 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 retail manufacturer.
(2) Application fees specified in
Paragraph (1) of this subsection shall be paid upon submission of an initial or
renewal application.
(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) In
addition to the renewal application fees specified in Paragraph (1) of this
subsection, a $200.00 late fee shall be added to the renewal application fee if
the renewal application and applicable fee are not received on or before the
expiration date of the permit.
(5) When
a re-inspection is scheduled by the regulatory authority, a re-inspection fee
of $500.00 shall be assessed by the regulatory authority and paid by the permit
holder prior to the re-inspection being conducted as specified in Subsection B
of Section 17 of this part or prior to the approval of a renewal application.
(6) A variance application fee of $300
shall be paid upon submission of a variance application as specified in Section
24 of this part.
(7) The regulatory authority may charge
administrative compliance costs in addition to the fees specified in this
Subsection.
(8) Fees specified in this Subsection are
non-refundable.
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
(d) allow the regulatory authority to take
photographs to document conditions on the premises of the hemp facility;
(e) provide the regulatory authority
requested information; and
(f) pay
the required fees as specified in Subsection D of this section.
(2) The
regulatory authority shall issue an initial permit to operate 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
application is 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 and the act, 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 Section 9 of this part;
(d) immediately
discontinue operations and notify the regulatory authority if an imminent
health hazard may exist as specified in Section 18 of this part;
(e) allow
representatives of the regulatory authority access to the hemp facility as
specified in this part;
(f) allow
the regulatory authority to take photographs to document conditions on the
premises of the hemp facility;
(g) 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.
(h) 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;
(i) accept
notices issued and served by the regulatory authority according to law;
(j) 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; and
(k) 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, the required
application fee as specified in Paragraph (1) of Subsection D of this section,
and any other outstanding fees authorized by this part. If all outstanding fees
are not paid, a permit shall not be renewed.
[20.10.2.8 NMAC - Rp, 20.10.2.8 NMAC,
1/28/2026]
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 2022 United States food and drug
administration model food code is hereby adopted and incorporated in its
entirety.
B. The
permit holder shall implement a management and employee training plan to
facilitate the protection of public health and the operation of a hemp facility
in compliance with the requirements of this part and the act. The management and employee training plan
shall, at a minimum, meet the requirements of this section.
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 and fulfills the
requirements specified in section 2-103.11 of the food code as specified in
Subsection A of this section.
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 product,
other ingredients, equipment, and utensils from contamination at all times.
G. 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, hemp products,
non-hemp ingredients, packaging materials, and surfaces to vomitus or fecal
matter.
H. Food Handler Cards:
(1) Except as specified in Paragraph (2)
of this subsection, manufacturing employees shall demonstrate their knowledge
of safe food handling practices through passing a test from a food handler
training program and possess a valid food handler card;
(2) Manufacturing employees who do not
possess a valid food handler card prior to employment shall obtain one within
30 calendar days from the beginning of employment;
(3) Food handler cards shall be kept by
the manufacturing employee on his or her person while working at a hemp
facility or a copy kept on file by the current employer and be made available
for inspection by the regulatory authority;
(4) An employee or person in charge at any
hemp facility must provide training regarding pertinent safe food handling
practices to manufacturing employees prior to beginning manufacturing employee
duties, if the employee does not hold a valid food handler card. Record of the
training, including name of instructor, date of training, and name(s) of
manufacturing employees shall be maintained on file and made available to the
regulatory authority upon request. The record of training shall be maintained
for the duration of the manufacturing employee’s employment;
(5) Food handler cards shall be valid for
three years from the date of issuance; and
(6) The requirement to possess a food
handler card in Paragraph (1) of this subsection shall be effective 60 days
after the effective date of this part.
[20.10.2.9 NMAC - Rp, 20.10.2.9 NMAC,
1/28/2026]
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. Hemp facilities shall create and utilize a hemp
transportation manifest meeting the requirements of Subsection C of this
section when transporting hemp, hemp extract, or hemp intermediate 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) Batch/lot ID created by the hemp
facility;
(3) Item(s) description/composition of
hemp product;
(4) Quantity of hemp product;
(5) Shipping date;
(6) Destination of the hemp product,
including the name, address, and phone number of the person receiving the hemp
product; and,
(7) A COA from an approved laboratory for
any hemp extract or hemp intermediate product, unless otherwise provided, if
hemp extract or hemp intermediate product, include a COA from an approved
laboratory.
D. Hemp facilities transporting hemp product shall
transport such items under conditions that will protect against allergen
cross-contact and against biological, chemical (including radiological), and
physical contamination, as well as against deterioration of the hemp product
and the container in accordance with the New Mexico Food Service Sanitation Act
and the New Mexico Food Act.
[20.10.2.10 NMAC - Rp, 20.10.2.10 NMAC,
1/28/2026]
20.10.2.11 HEMP
FACILITY REQUIREMENTS:
A. It
is illegal to operate a hemp facility that does not meet the requirements of
this part and the act.
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 Product Source and Receiving.
(1) Hemp facilities shall not receive hemp
without a hemp harvest certificate issued by NMDA or from a person approved by
the regulatory authority, who provides documentation, such as a COA, verifying
the hemp being transported has a Total 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, hemp extract, or hemp intermediate product unless it is received from an
NMED permitted hemp facility or a person approved by the regulatory authority.
(3) Hemp facilities shall not receive hemp extract or
hemp intermediate product unless:
(a) documentation is obtained
by the hemp facility from the person providing it, demonstrating it is
hemp-derived. The documentation shall be
obtained at, or before the time of receiving it; and
(b) it is accompanied by a
hemp transportation manifest meeting the requirements of paragraphs (1) through
(7) of Subsection C of Section 10 of this part.
(4) Hemp facilities shall not
receive non-hemp ingredients, hemp, hemp extract, or hemp intermediate product
unless the product was transported under conditions that will protect against
allergen cross-contact and against biological, chemical (including radiological),
and physical contamination, as well as against deterioration of the hemp
product 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.
(2) Hemp facilities shall maintain
shipping and receiving records for all hemp products, non-hemp ingredients, and
packaging materials used when manufacturing hemp products for a period of two
years, including but not limited to:
(a) hemp harvest certificates;
(b) hemp transportation manifests;
(c) date of receipt;
(d) date(s) of use; and
(e) COAs.
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 hemp
product and residual solvents that will not be used further in the operation of
the hemp facility shall be conducted as approved by the regulatory authority in
Subsection C of Section 8 of this part.
J. The permit holder shall be
responsible for ensuring the security of, and limit access to, hemp- extract
and hemp intermediate product with a Total THC concentration of greater than
three-tenths of one percent (0.30%) as approved by the regulatory authority in
Subsection C of Section 8 of this part.
K. Except
as provided in Subsection L of this section, when conducting activities authorized under this part or
the act, a hemp facility shall not receive, possess, manufacture, offer,
advertise, market, or sell semi-synthetic cannabinoids or synthetic
cannabinoids or products containing semi-synthetic cannabinoids or synthetic
cannabinoids.
L. A hemp facility may receive and use as
an ingredient in hemp finished products semi-synthetic cannabinoids or
synthetic cannabinoids identified in Paragraphs (1) through (9) of this
subsection, provided that before use in manufacturing, laboratory analysis
completed by an approved analytical laboratory utilizing a validated method of
the semi-synthetic cannabinoid or synthetic cannabinoid demonstrate the
cannabinoid has a purity of greater than or equal to 98 percent. Semi-synthetic
cannabinoids or synthetic cannabinoids meeting the purity requirements of this
Subsection that may be received and used as an ingredient in hemp finished
products are:
(1) Delta-9
tetrahydrocannabivarin tetrahydrocannabivarin (THCV);
(2) Cannabichromene (CBC);
(3) Cannabicitran (CBT);
(4) Cannabicyclol (CBL);
(5) Cannabielsoin (CBE);
(6) Cannabigerol (CBG);
(7) Cannabidivarin
(CBDV);
(8) Cannabidiol
(CBD); and
(9) Cannabinol
(CBN).
[20.10.2.11 NMAC - Rp, 20.10.2.11 NMAC,
1/28/2026]
20.10.2.12 HEMP
FINISHED PRODUCT REQUIREMENTS
A. Unless specified in Subsections
B, C, and D of this section, a hemp finished product shall:
(1) not have a Total THC concentration
of more than three-tenths of one percent (0.30%);
(2) contain no more than 2.0 milligrams of
Total THC per serving;
(3) contain no more than 20 milligrams of
Total THC per package.
B. Hemp tinctures shall contain no more
than 100 milligrams of Total THC per package.
C. Broad spectrum hemp finished
products shall contain no more than 6.0 milligrams of Total THC per package.
D. Cosmetics and vapes are exempt
from the Total THC content requirements specified in Paragraphs (2) and (3) of
Subsection A of this section.
E. The serving size for hemp finished
product for human consumption shall comply with Table 2 of 21 CFR 101.12.
F. Unless
otherwise provided, the permit holder shall demonstrate that hemp used to
manufacture hemp finished product was grown using only pesticides registered by
NMDA and do not contain pesticide residues not registered for use in the
production of hemp by NMDA. Hemp
finished products shall be tested for pesticide residues as specified in
specified in Section 14 of this part.
G. The requirements of this section
shall be effective 60 days after the effective date of this part.
[20.10.2.12 NMAC - Rp, 20.10.2.12 NMAC,
1/28/2026]
20.10.2.13 HEMP
FINISHED PRODUCT LABELING AND PACKAGING:
A. Unless otherwise specified, hemp finished products shall
meet the labeling and packaging requirements of this section.
B. General labeling requirements. Hemp
finished products shall meet the following labeling requirements:
(1) human consumption: 21 CFR 101 and the
New Mexico Food Act;
(2) human cosmetics: 21 CFR 701 and 740;
and
(3) human
inhalation: shall meet applicable state and federal labeling requirements.
(4) Labels shall be in English, but may
contain other languages. If the label
bears representation in a foreign language, the label must bear all the
requirements of this Section in the foreign language, as well as in English.
This requirement does not apply to Spanish names that are commonly used in New
Mexico.
C. Principal
display panel labeling requirements. Hemp finished products shall clearly identify
on the principal display panel of the label:
(1) A statement that the product is
produced from hemp;
(2) Unless the product is broad spectrum,
a consumer notice statement indicating the product contains THC;
(3) CBD content per serving and CBD
content in the package and/or container, labeled in milligrams; and
(4) Total THC content per serving and
total THC content in the package and/or container, labeled in milligrams.
D. Additional
Labeling Requirements. Unless otherwise specified in Subsection H or
this section, hemp finished product labels shall include:
(1) the following statement, or similar
approved statement: “This product is not
approved by the FDA to treat, cure, or prevent any disease. The FDA has not
evaluated this product for safety, effectiveness, and quality. This product may
cause unknown interactions with other medications and long-term adverse health
effects.”;
(2) Statement
recommending those who are pregnant, may become pregnant, or are breastfeeding
to consult with their physician about the use of the product;
(3) Statement to keep out of reach of
children; and
(4) Unless a hemp finished product is
broad spectrum, the label shall include the following notices:
(a) The potential for the product to cause
a positive drug test result;
(b) The potential for the product to
create impairment;
E. Hemp finished product labels and
packaging shall not:
(1) contain medical,
health, or benefit claims, including claims that the product can, or is
intended to, diagnose, cure, mitigate, treat, or prevent disease;
(2) be designed to appeal to children and
shall not feature:
(a) cartoons;
(b) a design, brand or name that resembles
a non-hemp consumer product of the type that is typically marketed to minors;
(c) symbols or celebrities that are
commonly used to market products to minors;
(d) images of minors; or
(e) words that refer to products that are
commonly associated with minors or marketed by minors, including use of the word(s) “candy” and/or
“candies” on the label of any container;
and
(3) unless otherwise approved, contain
statements representing or inferring a hemp finished product contains no THC.
F. Hemp facilities shall design, maintain and use a
coding system that will identify the date and place of manufacture of each hemp
finished product and shall be clearly visible on the product label or securely
affixed to the body of the container.
G. Except as specified in paragraph (1)
of Subsection C of Section 14 of this part, 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.
H. A static quick response (QR) code may
be used to provide labeling information specified in Subsection D of this
section when approved by the regulatory authority. When used, a QR code shall have the statement
“Important Safety Information” prominently displayed above or directly adjacent
to the QR code. The statement shall be
in bold type, and the type size shall be reasonably related to the size of the
QR code. There shall be no intervening
material around the QR code or statement that would detract from its
prominence.
I. Hemp product packaging shall be
food-grade or Generally Recognized as Safe by the United States Food and Drug
Administration.
J. Hemp finished product that contains
multiple servings in a single package that require dosing by the consumer shall
contain an accurate dosing device.
K. The following requirements of this
section shall be effective 60 days after the effective date of this part:
(1) Paragraphs (1), (2), and (4) of
Subsection C;
(2) Subsection D;
(3) CBD per serving as specified in
Paragraph (3) of Subsection C;
(4) Paragraph (2) of Subsection E; and
(5) Subsection J.
[20.10.2.13 NMAC - Rp, 20.10.2.13 NMAC,
1/28/2026]
20.10.2.14 HEMP FINISHED PRODUCT ANALYTICAL
TESTING:
A. Unless otherwise provided, hemp
finished products that will be used for human consumption, cosmetics, or
inhalation shall be tested by an approved analytical 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. Analytical testing requirements.
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) Content of CBD, Total THC, and other
compounds derived from hemp stated on the label of the hemp finished product;
(3) 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 be prepared for analytical testing by
blending the entire batch/lot prior to testing or be tested in accordance with
a testing plan approved by the regulatory authority and tested for:
(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.
(4) Solvents (volatile organic compounds)
utilized throughout the processing of the hemp product; and
(5) Pesticide profile as determined by the
regulatory authority and listed on the regulatory authority’s pesticide panel
list that is available upon request or on the regulatory authority’s website.
The regulatory shall notify all permit holders and approved analytical
laboratories at least 30 days prior to implementing changes to the pesticide
panel list.
C. Analytical testing limits. Unless otherwise provided, 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) Unless specified in Subsection D of
Section 12 of this part, Total THC shall be less than or equal to 2.0
milligrams per serving and 20 milligrams per package;
(3) Hemp tinctures shall contain
less than or equal to 100 milligrams of Total THC per package;
(4) Content of CBD, Total THC,
and other compounds derived from hemp stated on the label of the hemp finished
product shall comply with Subsection G of Section 13 of this part;
(5) 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;
(6) Pesticide residue as follows:
(a) Pesticides registered by
the New Mexico department of agriculture shall be equal to or less than
thresholds set by the United States environmental protection agency; and
(b) Pesticides not registered
by the New Mexico department of agriculture shall not be detected; and
(7) 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.
D. Hemp finished product that does
not meet the testing limits specified in Subsection C of this section
Subsection G of Section 13 of this part, or Subsection L of Section 11 of this
part, may undergo a confirming test by a hemp laboratory. The confirming test shall be conducted using
the original product sample tested. If a
confirming test is required, the permit holder and the approved analytical
laboratory shall independently report the results of the initial and confirming
test to the regulatory authority within 24 hours of the completion of the
confirming test.
E. Hemp finished products that do not meet the testing
limits specified in Subsection C of this section and Subsection G of Section 13
of this part, shall not be distributed and shall be:
(1) disposed of in an approved manner; or
(2) re-worked or remediated in an approved
manner.
F. Hemp finished product that is
re-worked or remediated as specified in this section shall meet requirements of
this section before leaving the hemp facility and being transported,
distributed, sold or otherwise made available to consumers.
G. Hemp facilities shall obtain a
COA for each hemp finished product batch/lot from an approved laboratory. The COA shall include the results of the
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.
H. Hemp
facilities shall provide the COA via a QR code on the package or 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.
I. Paragraph (5) of
Subsection B and Paragraph (6) of Subsection C this section shall be effective
60 days after the effective date of this part.
[20.10.2.14 NMAC - Rp, 20.10.2.14 NMAC,
1/28/2026]
20.10.2.15 HEMP
ANALYTICAL LABORATORIES:
A. Analytical
testing required in this part shall be
conducted by an approved analytical laboratory that has no direct ownership or
financial interest in the hemp facility for which the testing is being
conducted.
B. Approved analytical
laboratories shall include all chemicals listed on the regulatory authority’s
pesticide panel list when conducting pesticide testing as required in this
part.
C. Approved analytical laboratories
shall notify the regulatory authority of a confirming test and test results as
specified in Subsection D of Section 14 of this part.
[20.10.2.15 NMAC - Rp, 20.10.2.15 NMAC,
1/28/2026]
20.10.2.16 WATER SUPPLY AND SEWAGE:
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.
H. Sewage shall be disposed of according
to law. Liquid waste systems shall meet
the requirements of 20.7.3 NMAC.
[20.10.2.16 NMAC - Rp, 20.10.2.16 NMAC,
1/28/2026]
20.10.2.17 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 fee
shall be assessed by the regulatory authority and paid by the permit holder as
specified in Paragraph 5 of Subsection D of Section 8 of this part.
C. After
the regulatory authority presents official credentials and provides notice of
the purpose of, and an intent to conduct, an inspection, an employee of the
hemp facility 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
an employee 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 Section 8 or this part;
(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;
(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 employee 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
or the act 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 by a hemp
facility employee 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. If
a hemp facility employee declines to sign an acknowledgment of receipt of
inspectional findings as specified in Subsection M of this section the
regulatory authority shall make a note in the inspection report that an
employee of the hemp facility refused to sign to acknowledge receipt of the
inspection report prior to providing a copy of the report to the employee.
[20.10.2.17 NMAC - Rp, 20.10.2.17 NMAC,
1/28/2026]
20.10.2.18 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 hemp product 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.
[20.10.2.18 NMAC - Rp, 20.10.2.18 NMAC,
1/28/2026]
20.10.2.19 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 Section 8 of this part;
(d) fails
to comply with Subsection C of Section 17 of this part;
(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 Section 22 of this
part.
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 Section 20 of this
part 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.
[20.10.2.19 NMAC - Rp, 20.10.2.19 NMAC,
1/28/2026]
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
Section 18 of this part.
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 closing
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.
[20.10.2.20
NMAC - Rp, 20.10.2.20 NMAC, 1/28/2026]
20.10.2.21 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 8 of this part;
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 Section 19 of this part; 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 Section 17 of this part.
[20.10.2.21 NMAC - Rp, 20.10.2.21 NMAC,
1/28/2026]
20.10.2.22 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, not
accurately presented, or otherwise unsafe for human consumption,
cosmetics, or inhalation;
(3) are
not labeled according to law;
(4) did
not meet analytical testing requirements of this part; 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 hemp facility employee, 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 Section 20 of this part;
(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 hemp facility.
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, or 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.
[20.10.2.22 NMAC - Rp, 20.10.2.22 NMAC,
1/28/2026]
20.10.2.23 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.
[20.10.2.23 NMAC - Rp, 20.10.2.23 NMAC,
1/28/2026]
20.10.2.24 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, with the
variance application fee as specified in Paragraph (6) of Subsection D of
Section 8 of this part, 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; and
(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.
[20.10.2.24 NMAC - Rp, 20.10.2.24 NMAC,
1/28/2026]
HISTORY
OF 20.10.2 NMAC:
20.10.2 NMAC, Hemp Extraction, Production,
Transportation, Warehousing, and Testing, filed and effective August 1, 2019,
duration expired by operation of law, January 27, 2020.
20.10.2 NMAC, Hemp Extraction, Production,
Transportation, Warehousing, and Testing, filed and effective August 1, 2025,
duration expired by operation of law, August 5, 2025.
20.10.2 NMAC, Hemp Extraction, Production,
Transportation, Warehousing, and Testing, filed and effective August 5, 2025,
Replaced by 20.10.2 NMAC, Hemp Extraction, Production, Transportation,
Warehousing, and Testing, effective January 28, 2026.