New Mexico
Register / Volume XXXVI, Issue 17 / September 9, 2025
This is an emergency amendment to 20.10.2 NMAC, Sections 7, 11
& 15, effective 8/5/2025.
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. “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.
[WW.]
XX. “Sewage” means
liquid waste containing animal or vegetable matter in suspension or solution
and may include liquids containing chemicals in solution.
YY. “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.
[XX.]
ZZ. “THC” means
delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a
post-decarboxylation method and based on percentage dry weight.
[YY.] AAA. “THCA” means tetrahydrocannabinolic acid (CAS number
23978-85-0).
[ZZ.] BBB. “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; A/E, 8/1/2025; A/E, 8/5/2025]
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 or hemp extract [or hemp finished product] unless:
(a) at, or before the time
of receiving it, documentation is obtained by the hemp facility, from the
company providing it, demonstrating it is hemp-derived;
[(a)] (b) it is
received from an NMED permitted hemp facility or a person approved by the
regulatory authority;
[(b)]
(c) it is
accompanied by a hemp transportation manifest; and
[(c)]
(d) 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%).
K. Except
as provided in Subsections L and M of this section, when
conducting activities authorized under the Act or this Part, 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. Except as provided in
Subsection M of this section, 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 of the semi-synthetic cannabinoid or synthetic cannabinoid
demonstrate the cannabinoid has a purity of greater than or equal to
ninety-eight 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).
M. Subsections L and M of this section are effective beginning September
15, 2025.
[20.10.2.11 NMAC - N, 1/28/2020; A/E, 8/5/2025]
20.10.2.15 HEMP
LABORATORIES: Analytical [Testing] testing required in [20.10.2.14 NMAC] 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.
[20.10.2.15 NMAC - N, 1/28/2020; A/E, 8/5/2025]