New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.19 - DEPARTMENT-APPROVED TESTING LABORATORIES; INSTRUMENTATION; INITIAL AND CONTINUING DEMONSTRATIONS OF CAPABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Mycotoxin test instrumentation:
A laboratory shall utilize HPLC,
				LCMS, or LCMSMS instrumentation to test for the presence of mycotoxins in
				usable cannabis and shall analyze for mycotoxins at a concentration as low as 1
				µg/kg (ppb). Mycotoxin testing shall be conducted in accordance with the
				requirements of Table 2, Mycotoxins Testing Requirements.
B.
Residual solvents test
				instrumentation:
A laboratory shall utilize gas chromatography - flame
				ionization detector (GC-FID), gas chromatography tandem photoionization
				detector/flame ionization detector (GC-PID/FID), or GCMS instrumentation to
				test for the presence of residual solvents and shall analyze for residual
				solvents at a concentration as low as 2µg/g (ppm). Residual solvent
				testing shall be conducted in accordance with the requirements of Table 3,
				Residual Solvent Testing Requirements.
C.
Potency test instrumentation:
A laboratory shall utilize HPLC or LCMS instrumentation to test for potency in
				usable cannabis and shall analyze usable cannabis in accordance with the
				provisions at Table 4 Potency Testing Requirements.
D.
Heavy metals test
				instrumentation:
A laboratory shall utilize Inductively coupled plasma
				mass spectrometry (ICP-MS) or flow injection mercury system (FIMS)
				instrumentation to test for the presence of heavy metals in usable cannabis and
				shall analyze for heavy metals at a concentration as low as 0.2 µg/g
				(ppm) for lead (Pb) and cadmium (Cd), as low as 1.0 µg/g (ppm) for
				arsenic (As) and 0.1 µg/g (ppm) for mercury (Hg). Heavy metals testing
				shall be conducted in accordance with the requirements of Table 5, Heavy Metals
				Testing Requirements.
E.
Pesticide test instrumentation:
A laboratory shall utilize high
				performance liquid chromatography (HPLC), gas chromatography mass spectrometry
				(GCMS), liquid chromatography - mass spectrometry (LCMS), or liquid
				chromatography with tandem mass spectrometry (LCMSMS) instrumentation to test
				for the presence of pesticides in usable cannabis and shall analyze for
				pesticides at a concentration as low as 100 µg/kg (ppb). Pesticide
				testing shall be conducted in accordance with the provisions of Table 6,
				Pesticide Testing Requirements.
F.
Initial and continuing demonstrations of capability required:
A
				laboratory or laboratory applicant shall submit to the department an initial
				demonstration of capability (IDC) for every test identified in this rule that
				the laboratory or applicant intends to conduct. A laboratory shall submit a
				continuing demonstration of capability (CDC) annually as part of the
				laboratory's application for renewal of licensure. The IDC shall be submitted
				to the department prior to the laboratory or laboratory applicant conducting
				tests pursuant to this rule. Each IDC and CDC shall describe how quality
				control samples (negative control samples, positive control samples,
				low-positive controls, and instrument performance check controls), internal
				standards, and surrogate standards are to be assessed to determine if the data
				from an analytical batch are acceptable. The laboratory shall maintain a
				documented procedure for performing every IDC and CDC. The laboratory shall
				retain documentation verifying the IDC and CDC for each test required by this
				rule and make this documentation available to the department upon request. The
				IDC and CDCs shall follow the same parameters as outlined in the requirements
				of this rule. Every IDC and CDC that is submitted shall be conducted within one
				year of application (excluding mycotoxins).
(1) An IDC shall be reconducted and
				resubmitted to the department:
(a) whenever
				there is a change in method;
(b)
				whenever an instrument has been moved;
(c) whenever a new instrument is installed;
				and
(d) whenever the method has not
				been performed by the laboratory or sampler within a 12-month period.