N.M. Admin. Code § 16.8.2.16

Current through Register Vol. 35, No. 17, September 10, 2024

Section 16.8.2.16 - QUALITY ASSURANCE TESTING; COMPLAINT PROCEDURE

A.Quality assurance testing by the division: The division or its representative may conduct quality assurance sampling and testing of cannabis or cannabis products, and may require a licensee to provide samples of cannabis or cannabis products for this purpose. The division may additionally adopt and enforce a randomized testing schedule for the sampling and testing of cannabis or cannabis products. The division may prohibit the sale or transfer of cannabis or cannabis products that are determined by the division to contain prohibited levels of contaminants, or that is found to have been improperly tested, or may require remediation of such cannabis that is consistent with the remediation standards of the division.

B.Complaints: If the division receives a verified complaint regarding the presence of mold, bacteria, or another contaminant in cannabis or cannabis products, or if the division has reason to believe that the presence of mold, bacteria, or another contaminant may jeopardize public health and safety, the division or its representative may conduct an inspection and may require a licensee to provide samples of cannabis or cannabis products for testing by the division. Licensees shall allow the division or its representative access to a facility or to collect cannabis or cannabis product samples. To be considered verified, a complaint must be made on a form provided by the division that at a minimum identifies:

(1) date the complaint is filed;

(2) location of the cannabis or cannabis product;

(3) any identifiable features of the cannabis or cannabis product at issue, including the type and amount;

(4) the nature of the complaint;

(5) name and contact information of the complainant; and

(6) complaint must be emailed to the licensee within 5 business days of the division receiving the complaint.

C.Division sampling and testing requirements: Division employees may possess cannabis samples for the sole purposes of establishing compliance with the Cannabis Regulation Act or division rules. The division shall comply with the following testing requirements:

(1) the division shall maintain chain of custody documentation for any cannabis or cannabis product samples taken;

(2) a written receipt shall be given to the licensee for all testing samples;

(3) all testing samples shall be placed into a sealed container and clearly labeled;

(4) all testing samples shall be tested by the division or a designated testing facility; and

(5) the quantity of cannabis or cannabis products that is gathered by the division from a licensee for testing purposes shall not exceed the applicable sample sizes required by division rules.

D.Cost of testing: The licensee shall bear the cost of any testing required by the division.

N.M. Admin. Code § 16.8.2.16

Adopted by New Mexico Register, Volume XXXII, Issue 16, August 24, 2021, eff. 8/24/2021