N.M. Admin. Code § 16.8.6.8
Current through Register Vol. 35, No. 17, September 10, 2024
Section 16.8.6.8 - PREREQUISITE AND RESPONSIBILITY FOR OPERATIONA. 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.B. A certification shall include information specified in Subparagraphs (a) through (i) of Paragraph (1) of Subsection A of 16.8.2.30 NMAC.C. Any person signing a certification pursuant to this section shall include the following signed statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information."D. NMED shall provide confirmation of receipt to each applicant or licensee that provides a certification.E. Each applicant or licensee shall provide the NMED confirmation to RLD as specified in Paragraph (1) of Subsection A of 16.8.2.30 NMAC.F. Certification to NMED, as specified in Subsections A through E of 16.8.6.7 shall no longer be required after December 31, 2022.G. Class II, III, or IV cannabis manufacturers that were licensed by RLD prior to the effective date of 16.8.6 NMAC, and that are also engaged in manufacturing of cannabis edible products or cannabis edible finished products, shall apply for a food permit from NMED or a home rule municipality by January 1, 2023.H. Except as specified in Subsection F of 16.8.6.7 NMAC, class II, III, or IV cannabis manufacturers that were not licensed by RLD prior to the effective date of 16.8.6 NMAC, and that are also engaged in manufacturing cannabis edible products or cannabis edible finished products, shall provide a certification to NMED as specified in Subsections A through E and apply for a food permit from NMED or a home rule municipality as specified in G of 16.8.6.7 NMAC.I. Beginning April 1, 2023, Class II, III, or IV cannabis manufacturers that manufacture cannabis edible products or cannabis edible finished products shall not operate without a food permit from NMED or a home rule municipality.N.M. Admin. Code § 16.8.6.8
Adopted by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 12/2/2021, Adopted by New Mexico Register, Volume XXXIII, Issue 19, October 11, 2022, eff. 10/11/2022