New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.