reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.9 - CANNABIS FINISHED PRODUCT LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise provided, cannabis
				finished products shall meet the minimum labeling requirements of this
				section.
B. The label shall be
				printed on or affixed to the container and printed on or affixed to any outer
				package or container that is used to display the edible or topical cannabis
				finished product for retail sale.
C. Font size used on a label shall be no
				smaller than 1/16 of an inch by measuring the height of a lower-case letter
				"o".
D. Labels shall identify the
				intended use and directions for use. Products having more than one intended use
				shall identify every intended use on the label and shall comply with all
				labeling requirements for each intended use. If there is any conflict between
				the labeling requirements for multiple intended uses, the most restrictive
				labeling requirements shall be followed.
E. Labels shall be in English, though it can
				be in other languages.
F. Labels
				shall be unobstructed and conspicuous.
G. If the cannabis finished product's target
				potency or potency value of the Total THC or CBD is less than one milligram per
				serving, the potency may be expressed as "<1 mg." If "<1 mg" was used to
				display the Total THC or CBD per serving, then a corresponding statement
				regarding the Total THC or CBD content for the entire container shall be
				included on the container. For example, if there are five servings in the
				container, "<5 mg" should be displayed for the Total THC or CBD statement
				that was represented as "<1 mg" per serving.
H. The potency statement stated on an edible
				or topical cannabis finished product label shall not deviate by more than
				fifteen percent of what is stated on the label.
I. A label shall not:
(1) contain any untruthful or misleading
				statements including, but not limited to, health or benefit claims,
				and
(2) contain advertising or
				marketing; and
(3) contain words
				that refer to products that are commonly associated with minors or marketed by
				minors; including use of the word(s) "candy" or "candies" on the label of any
				container, unless the words identify the strain of cannabis in the cannabis
				finished product.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.10 - CANNABIS SEED AND IMMATURE CANNABIS PLANT LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless otherwise provided, cannabis seeds
				and immature cannabis plants sold to consumers, qualified patients, or
				reciprocal patients shall meet the minimum labeling requirements of this
				section.
B. The label shall be
				printed on or affixed to the container or receptacle and printed on or affixed
				to any outer package or container that is used to display the cannabis seed or
				immature cannabis plant for retail sale.
C. Font size used on a label shall be no
				smaller than 1/16 of an inch by measuring the height of a lower-case letter
				"o".
D. The label shall be in
				English, though it can be in other languages.
E. The label shall be unobstructed and
				conspicuous.
F. The label shall not
				contain any untruthful or misleading statements including, but not limited to,
				health or benefit claims.
G. The
				principal display panel shall include:
(1) the
				product identity or common name in bold type, in a size reasonably related to
				the most prominent printed matter on the principal display panel;
(2) potential potency, as confirmed by a
				cannabis testing laboratory of the parent cannabis plant; and
(3) a logo designed and provided by the
				division that is no smaller than 1/2 inch by 1/2 inch.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.11 - CANNABIS FINISHED PRODUCT LABELING IN CANNABIS CONSUMPTION AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
Packaging and labeling exemptions and minimum requirements.
				  A licensed cannabis consumption area may sell cannabis products to a consumer,
				  qualified patient, or reciprocal patient without packaging and labeling under
				  the following conditions:
A. the
				consumer, qualified patient, or reciprocal patient intends to consume cannabis
				product on the licensed premises of the cannabis consumption area and will
				store unused product on the premises as required by cannabis consumption area
				licensing requirements in 16.8.2 NMAC;
B. at the time of transfer of the cannabis
				finished product to a consumer, the licensed cannabis consumption area provides
				the consumer with a written statement of the potency of the cannabis product's
				THC or Total THC, and CBD, which shall be expressed as a percentage for inhaled
				cannabis finished products, and expressed in milligrams for edible cannabis
				finished products and topical cannabis finished products. If CBD is not
				detected in the inhaled cannabis finished product, then CBD potency is not
				required;
C. the licensed cannabis
				consumption area maintains and makes available to the consumer, qualified
				patient, or reciprocal patient upon request written or electronic documentation
				reflecting all relevant information required in cannabis consumption area
				licensing requirements 16.8.2 NMAC; and
D. for multiple-serving edible cannabis
				finished product, the licensed cannabis consumption area at the time of
				transfer to the consumer, qualified patient, or reciprocal patient shall
				provide a measurement device necessary for the purchaser to achieve accurate
				measurements of each serving in increments equal to or less than 10 milligrams
				of Total THC per serving.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.13 - EXIT PACKAGING

Current through Register Vol. 35, No. 13, July 16, 2024
All finished cannabis products purchased by a customer,
				  qualified patient, or reciprocal patient shall not leave the licensed
				  retailer's premises unless the cannabis products are placed in an opaque exit
				  package.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.14 - CANNABIS SEED AND IMMATURE PLANT PACKAGING

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise specified, cannabis seeds sold shall meet
				  the following minimum packaging requirements:
A. cannabis seeds and immature cannabis
				plants shall be placed into a container;
B. containers must be suitable for the
				intended purpose and must not impart any toxic or deleterious substance to the
				packaged product; and
C. containers
				shall be compostable and recyclable, or made from recycled materials.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 3 - PACKAGING, LABELING, ADVERTISING, MARKETING, AND COMMERCIAL DISPLAY REQUIREMENTS FOR CANNABIS PRODUCTS › Section 16.8.3.15 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Cannabis
				  Control Division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all applicants for licensure pursuant to
				  the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act or
				  division rules, and where applicable, the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 11, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 6 is to set forth standards related to
				  health and safety, food and product safety, environmental impacts, and natural
				  resources to ensure public health, safety, and well-being. Part 6 is not
				  applicable to personal use of cannabis pursuant to the Cannabis Regulation Act
				  or the Lynn and Erin Compassionate Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.8 - PREREQUISITE AND RESPONSIBILITY FOR OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as specified in Subsection F of
				16.8.6.7 NMAC, prior to the submission of a license application for a class II,
				III, or IV cannabis manufacture license, each applicant or licensee engaged in
				the manufacturing of edible or topical cannabis products or edible or topical
				cannabis finished products shall provide to NMED a certification that:
(1) the facility where the cannabis
				manufacturer operates, and the manufacturing equipment used will be constructed
				and maintained in accordance with the requirements of this part; and
(2) edible and topical cannabis products and
				edible and topical finished products will be stored, manufactured, packaged,
				repackaged, labeled, relabeled, tested, reworked, or wasted in accordance with
				the requirements of this part.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.9 - MANAGEMENT AND PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Adoption of food code parts 2-1, 2-3 and 2-4 and section 2-103.11. Except as
				otherwise provided, parts 2-1, 2-3 and 2-4 and section 2-103.11 of the 2017
				United States food and drug administration model food code is hereby adopted
				and incorporated in its entirety.
B. A licensee 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 edible
				cannabis manufacturing facility. The procedures shall be maintained onsite and
				address the specific actions employees must take to minimize the spread of
				contamination and the exposure of employees, consumers, food, and surfaces to
				vomitus or fecal matter.
C. Except
				as otherwise provided, the licensee 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 cannabis manufacturer facility during all hours of
				operation.
D. If edible or topical
				cannabis products or edible or topical cannabis finished products are
				manufactured as part of a vertically integrated cannabis establishment or
				integrated cannabis microbusiness that is the legal responsibility of the same
				licensee and that are located on the same licensed premises, the licensee may
				designate a single person in charge who is present on the licensed premises
				during all hours of operation.
E.
				The person in charge shall have the education, training, or experience
				necessary to supervise the production of clean and safe edible or topical
				cannabis products or edible or topical cannabis finished products and ensure
				the cannabis manufacturer remains in compliance with this part, division rules,
				and the act at all times.
F.
				Personal care items on the premises shall be stored in a manner to protect
				edible and topical cannabis products, edible and topical cannabis finished
				products, other ingredients, equipment, and utensils from contamination at all
				times.
G. A licensee shall:
(1) immediately contact the division to
				report an illness of an employee or conditional employee as specified under
				Subsection A of this section;
(2)
				immediately discontinue operations and notify the division if an imminent
				health hazard may exist as specified in 16.8.6.13 NMAC;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.10 - EDIBLE AND TOPICAL CANNABIS MANUFACTURER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Adoption of 21 CFR 117. Except as
				otherwise provided, Subpart F and the sections, specified in paragraphs 1-7 of
				this subsection, of Subparts A and B of the United States code of federal
				regulations, title 21, part 117 are hereby adopted and incorporated in their
				entirety:
(1) 117.3 Definitions;
(2) 117.20 Plant and grounds;
(3) 117.35 Sanitary operations;
(4) 117.37 Sanitary facilities and
				controls;
(5) 117.40 Equipment and
				utensils;
(6) 117.80 Processes and
				controls; and
(7) 117.110 Defect
				action levels and Subpart F.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.11 - WATER SUPPLY AND SEWAGE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.12 - EDIBLE AND TOPICAL CANNABIS FINISHED PRODUCT TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Edible and topical cannabis finished
				products shall meet the requirements specified in division rules related to
				testing prior to being transported or transferred from the licensed premises,
				distributed, sold or otherwise made available to consumers.
B. Edible and topical cannabis finished
				products that do not meet the requirements of Subsection A of this section
				shall:
(1) besegregated;
(2) reworked, remediated or reconditioned as
				specified in division rules related to testing; or
(3) destroyed, wasted, and disposed of in
				accordance with the wastage requirements of the division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.13 - EDIBLE AND TOPICAL CANNABIS FINISHED PRODUCT TESTING LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
Testing required by the division shall be conducted by a
				  division-approved cannabis testing laboratory that has no direct ownership or
				  financial interest in the facility for which the testing is being
				  conducted.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.14 - CEASING OPERATIONS AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as specified in Subsections B and C
				of this section, a licensee shall immediately discontinue operations if an
				imminent health hazard may exist because of an emergency such as a fire, flood,
				extended interruption of electrical or water service, sewage backup, misuse of
				poisonous or toxic materials, onset of an apparent foodborne or cannabis-borne
				illness outbreak, gross insanitary occurrence or condition, or other
				circumstance that may endanger public health, employees, or the
				environment.
B. A licensee need not
				discontinue operations in an area of a cannabis manufacturer facility 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
				division may allow the licensee 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 by the division (NMED);
(2) immediate corrective action is taken by
				the licensee to eliminate, prevent, or control any food safety risk and
				imminent health hazard associated with the electrical or water service
				interruption; and
(3) the division
				(NMED) is informed upon implementation of the written emergency operating
				plan.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 6 - HEALTH AND SAFETY, FOOD AND PRODUCT SAFETY, ENVIRONMENTAL IMPACTS, AND NATURAL RESOURCES › Section 16.8.6.15 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Cannabis
				  Control Division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all applicants for licensure pursuant to
				  the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act or
				  division rules, and where applicable, the general public.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act and the licensing provisions of the Lynn and Erin Compassionate
				  Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 1, 2022, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 7 is to set forth standards related to
				  quality control of inspection, and testing of cannabis and cannabis products to
				  ensure uniformity of cannabis and cannabis products and protect public safety.
				  Part 7 is not applicable to personal use of cannabis pursuant to the Cannabis
				  Regulation Act or the Lynn and Erin Compassionate Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.8 - GENERAL TRACKING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to any requirements specific to tracking within
				  each license type, all licensees of cannabis establishments must meet minimum
				  requirements.
A.
Tracking
				immature cannabis plants:
licensees must track, using the track and
				trace system specified by the division, cannabis plants as follows:
(1) each immature plant shall be assigned a
				plant tag with an individual track and trace number and shall be:
(a) placed contiguous to one another to
				facilitate identification by the division; and
(b) be fully separated from mature plants.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.9 - IMPLEMENTATION AND ADMINISTRATION OF TRACKING SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Operational account:
a
				licensee must have a track and trace system account activated and functional
				prior to operating or exercising any privileges of a license. The licensee
				shall keep and maintain comprehensive records to ensure adequate inventory
				tracking of any cannabis or cannabis products.
B.
System administrator
				required:
each licensee must designate at least one individual as a
				track and trace system administrator.
C.
System training:
in order to
				obtain a track and trace system administrator account, a licensee or its
				designee must attend and successfully complete all required track and trace
				system training. A licensee may apply for an account and training once they
				receive a license from the division.
D.
Continuing education:
The
				division may also require additional ongoing, continuing education for the
				track and trace system administrator to retain their track and trace system
				administrator account.
E.
Responsible for cost:
each licensee is responsible for all costs
				associated with its use of the tracking system and any associated vendor
				fees.
F.
Additional
				users:
a licensee may designate additional individuals as track and
				trace system users. The licensee shall ensure that all individuals who are
				granted track and trace system user account access for the purposes of
				conducting track and trace functions in the system are trained by an track and
				trace system administrator in the proper and lawful use of the track and trace
				system.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.10 - GENERAL TRACK AND TRACE SYSTEM USE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
System required:
all track and trace activities of a licensee must
				be tracked through use of the track and trace system. Licensees must reconcile
				all on-premises and in-transit cannabis or cannabis products each day in the
				track and trace system by 11:59 p.m. that same day. Track and trace system
				software must then be synchronized by the licensee prior to closing the session
				(as applicable).
B.
Weights
				and measures:
licensees must utilize a standard of weights and measures
				that is supported by the track and trace system to track all cannabis or
				cannabis products. A scale used to weigh product prior to entry into the track
				and trace system shall be certified to be registered and calibrated in
				accordance with applicable requirements of the New Mexico department of
				agriculture
C.
System
				security:
licensees shall maintain the security of the track and trace
				system, as follows:
(1) maintain an accurate
				and complete list of all track and trace system users for each licensed
				premise;
(2) update this list when
				a new track and trace system user is trained or when an existing user is
				removed;
(3) train and authorize
				any new track and trace system users before they may access track and trace
				system or input, modify or delete any information in the track and trace
				system; and
(4) cancel any track
				and trace system administrators and track and trace system users from their
				associated track and trace system accounts once any such individuals are no
				longer employed by the licensee or at the licensed
				premises.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.11 - CONDUCT WHILE USING TRACK AND TRACE SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees or designated track and trace
				administrator(s) and track and trace system user(s) shall enter data into the
				track and trace system that fully and transparently accounts for all inventory
				tracking activities and authorized transfers. Both the licensee and the
				individuals using the track and trace system are responsible for the accuracy
				of all information entered into the track and trace system.
B. Individuals entering data into the track
				and trace system shall only use that individual's track and trace system
				account.
D. If at any point a
				licensee loses access to the track and trace system for any reason, the
				licensee or track and trace system administrator shall immediately notify the
				division and shall keep and maintain comprehensive records detailing all
				cannabis or cannabis product track and trace activities that occurred during
				the loss of access. These track and trace activities must be entered into the
				track and trace system and the division shall be notified that access has been
				restored. Licensees must document when access to the system was lost, the cause
				of system loss and when it was restored. Licensee shall not transport or
				receive any cannabis or cannabis product to or from another cannabis
				establishment until such time as access is restored and all information is
				recorded into the track and trace system.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.12 - COMPLIANCE NOTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Monitor notifications:
licensees must monitor all compliance
				notifications from the track and trace system or the division and must resolve
				any issue(s) detailed in the compliance notification in a timely fashion.
				Compliance notifications from the track and trace system shall not be dismissed
				in the track and trace system until the licensee resolves the compliance issues
				detailed in the notification.
B.
Monitor informational notifications:
licensees must take
				appropriate action in response to informational notifications received through
				the track and trace system or the division including but not limited to
				notifications related to enforcement alerts and other pertinent
				information.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.13 - LAWFUL ACTIVITY REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Proper use of the track and trace system does not relieve a
				  licensee of its responsibility to maintain compliance with all laws, rules and
				  other requirements at all times.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.14 - TRACK AND TRACE SYSTEM PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Conformity of use
licensees must utilize the track and trace
				system in conformance with division rule and track and trace system
				procedures.
B.
Track and
				trace procedures include
(1) properly
				indicating the creation of a harvest batch or production batch including the
				assigned harvest batch or production batch number;
(2) accurately identifying the cultivation
				room or outdoor location where each plant is located on the licensed premises;
(3) accurately identifying when
				inventory is no longer on the licensed premises;
(4) properly identifying cannabis or cannabis
				products identified as test batch;
(5) properly indicating test results from a
				cannabis testing laboratory;
(6)
				accurately indicating the track and trace system category for all cannabis or
				cannabis products;
(7) accurately
				including a note explaining the reason for any destruction of cannabis or
				cannabis products, and the reason for any adjustment in weight or count to
				inventory in the track and trace system software; and
(8) properly assigning unique identifying
				tracking numbers to each cannabis plant, cannabis product and any batch, lot,
				or sublot from such cannabis plant(s) and cannabis
				product(s).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.15 - REQUIRED TESTING OF CANNABIS PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
A cannabis establishment shall segregate a batch of cannabis
				  product and arrange for samples to be collected and tested by a cannabis
				  testing laboratory if required by this section. The batch must pass all
				  required tests prior to the sale or delivery to a qualified patient, primary
				  caregiver or consumer.
A.
Required testing:
Unless an exception applies:
(1) A cannabis producer, cannabis producer
				microbusiness, vertically integrated cannabis establishment, or integrated
				cannabis microbusiness shall arrange for and pay for the testing specified in
				Table 1,
Required Testing of Cannabis Products
, below, of any
				cannabis flower and trim that it harvests prior to:
(a) packaging for retail sale;
(b) transfer to another cannabis
				establishment for the purposes of retail sale;
(c) retail sale; or
(d) delivery to a patient or
				consumer.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.16 - ADDITIONAL TESTING SERVICES OFFERED BY CANNABIS TESTING LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A cannabis testing laboratory may offer cannabis
				  establishments testing for quality improvement, research and development, or
				  labeling purposes. A cannabis testing laboratory may also offer testing to
				  persons other than cannabis establishments as provided in this section.
A.
Research and development testing for
				cannabis establishments
A cannabis testing laboratory may offer to
				cannabis establishments any required test or any additional test for the
				purpose of research and development or for quality-control measures requested
				by a cannabis establishment.
(1) The cannabis
				establishment may collect the sample, or an agent of the cannabis testing
				laboratory may collect the sample.
(2) If a cannabis establishment requests
				testing for research and development purposes, the results may not be used to
				satisfy any required testing requirement, even if the sample passes all tests.
(3) The failure of a test for
				research and development purposes shall not constitute a failed test.
(4) The results of a test
				conducted for research and development purposes shall not be included on a
				product label or advertisement.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.17 - PREVENTION OF HEAVY METAL CONTAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Growing media
The cannabis
				establishment shall maintain, and make available for division inspection,
				records of all growing media purchased.
B.
Water
If using for irrigation
				water from a non-municipal source, a cannabis establishment shall maintain
				quarterly testing data indicating concentrations at or below the action levels
				in Table 1, Heavy Metal Testing Requirements for Water and Soil,
				below.
C.
Soil
If
				growing cannabis directly in the ground, the cannabis establishment shall
				submit at least annually representative soil samples to a laboratory for
				analysis of arsenic, cadmium, lead, and mercury levels and shall retain a
				certificate of analysis for inspection by the division. If the concentration of
				any heavy metal exceeds the action levels in Table 1, Heavy Metal Testing
				Requirements for Water and Soil, below, the cannabis establishment shall
				remediate the soil and shall not produce additional plants until soil
				concentrations are below the applicable action levels.
D.
Choice of laboratories
The
				cannabis establishment may submit water or soil samples to any laboratory in
				the United States offering water or soil analysis for the four required
				analytes.
Table 1. Heavy Metal Testing Requirements for
								Water and Soil
Analyte
Symbol
CAS Number
Action Level: Soil*
Action Level: Water[Dagger]
Arsenic
As
7440-38-2
4.25
10.0
Cadmium
Cd
7440-43-9
7.05
5.0
Lead
Pb
7439-92-1
400
15.0
Mercury
Hg
7439-97-6
2.38
2.0
*Reported in micrograms per gram (µg/g) of
								sample/parts per million (ppm). Based on New Mexico Environment Department's
Risk Assessment Guidance for Site Investigations and
								Remediation
.
[Dagger]Reported in micrograms per liter
								(µg/L) of sample. Based on U.S. Environmental Protection Agency's maximum
								contaminant levels.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 7 - QUALITY CONTROL, INSPECTION, AND TESTING OF CANNABIS PRODUCTS › Section 16.8.7.18 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of this rule is held to be
				  invalid, the remainder or its application to other situations or persons shall
				  not be affected. Any section of this rule legally severed shall not interfere
				  with the remaining protections and duties provided by this
				  rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Cannabis
				  Control Division.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all persons licensed or seeking to be
				  licensed to produce, manufacture, and sell cannabis pursuant to the Cannabis
				  Regulation Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  cannabis control division pursuant to the authority granted under the Cannabis
				  Regulation Act, and the Lynn and Erin Compassionate Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 24, 2021, unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 8 is to establish the limit of mature
				  cannabis plants a licensee is authorized to cultivate pursuant to the Cannabis
				  Regulation Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in Title 16, Chapter 8, Part 1,
				  terms used in Title 16, Chapter 8, have the same meanings as set forth in the
				  Cannabis Regulation Act and the licensing authority under the Lynn and Erin
				  Compassionate Use Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.8 - GENERAL PROVISIONS FOR PLANT COUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Cannabis plant growth cycle:
For purposes of this rule, the cannabis plant growth cycle is based on the
				following four stages:
(1) germination stage
				includes a seed sprouting to form a seedling;
(2) seedling stage includes a shoot emerging
				from the soil surface, eventually forming the first leaves;
(3) vegetative stage is the period of growth
				between germination and the beginning of flowering, including cloned cannabis
				plants; and
(4) flowering stage is
				the reproductive state of the cannabis plant in which there are physical signs
				of flower budding out of the nodes in the stem.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.9 - CANNABIS PLANT LIMIT TIER LEVELS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Initial license designation:
For the purpose of determining the
				number of mature cannabis plants a licensee may be allocated to cultivate, all
				cannabis producer and vertically integrated cannabis establishment licenses
				issued on or after August 15, 2021, will be designated by the division as a
				level 1, level 2, level 3, or level 4. Cannabis plant count level placement
				shall be based on the following factors:
(1)
				applicant's requested mature cannabis plant limit level;
(2) applicant's demonstration of a legal
				right to use the quantity of water needed for the level of mature cannabis
				plants cultivated based on the applicant's cannabis cultivation plan;
(3) if applicable, whether the applicant's
				reported number of mature cannabis plants harvested in the preceding six months
				was a minimum of eighty percent of applicant's authorized mature plant count
				limit;
(4) if applicable, whether
				the applicant's total cannabis sales were a minimum of seventy-five percent of
				applicant's reported production of cannabis during the six months preceding
				applicant's request; and
(5)
				applicant's social equity plan, including race, ethnicity, gender, age, and
				residential status of licensee, controlling persons and employees of applicant
				and whether the applicant, controlling persons, employees or the locations
				where the cannabis products are produced are located in an underserved rural
				community, including tribal, acequia, land grant-merced, federally designated
				opportunity zone, or other rural historic communities.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 8 - COMMERCIAL AND MEDICAL CANNABIS › Part 8 - CANNABIS PLANT LIMITS AND PROCESS TO ADDRESS SHORTAGE OF CANNABIS SUPPLY IN THE MEDICAL CANNABIS PROGRAM › Section 16.8.8.10 - PLANT INCREASE REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensee
				may request an increase of the number of mature plants licensed at the time of
				renewal and at one other time per year. To be considered for approval by the
				division, the licensee shall provide, in addition to required fees set forth in
				16.8.11 NMAC, the following information to demonstrate the licensee's capacity
				for a mature cannabis plant count increase, licensee's compliance with the
				Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, and division
				rules:
(1) a current inventory of mature
				cannabis plants and harvested cannabis;
(2) applicant's demonstration of a legal
				right to use the quantity of water needed for the level of mature plants to be
				cultivated based on the applicant's cultivation plan;
(3) applicant's reported number of plants
				harvested in the preceding three months;
(4) applicant's medical cannabis and
				commercial cannabis sales in the preceding three months;
(5) applicant's total cannabis sales;
				and
(6) progress on implementation
				of applicant's social equity plan, including race, ethnicity, gender, age, and
				residential status of licensee, controlling persons and employees of applicant
				and whether the applicant, controlling persons, employees or the locations
				where the cannabis products are produced are located in an underserved rural
				community, including tribal, acequia, land grant-merced, or other rural
				historic communities.