N.M. Admin. Code § 20.10.2.14

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.10.2.14 - HEMP FINISHED PRODUCT TESTING

A. After the effective date of this part and unless otherwise provided, hemp finished products that will be used for human consumption, absorption, or inhalation shall be tested by an approved laboratory and meet the requirements of this section before they leave the hemp facility and are transported, distributed, sold or otherwise made available to consumers.

B. Except as otherwise provided, each batch/lot of hemp finished product shall be tested as follows:

(1) Cannabinoid profile, including at a minimum the concentration of the following:

(a) Total THC calculated as THC = (0.877 X THCA) + THC;

(b) D9-THC;

(c) THCA;

(d) CBD; and

(e) CBDA;

(2) Solvents (volatile organic compounds) utilized throughout the processing of the hemp product;

(3) Content of CBD, total THC, and other compounds derived from hemp stated on the label of the hemp finished product; and

(4) If dried usable hemp finished product:

(a) Water content;

(b) Total aerobic microbial count;

(c) Total combined yeast and mold count;

(d) Bile-tolerant gram-negative bacteria;

(e) Salmonella spp. and E. coli; and

(f) Total coliforms count.

C. Hemp processed or dried as a hemp finished product or hemp product that does not require further processing before being offered as a hemp finished product shall:

(1) meet the requirements of this section for hemp finished product; and

(2) be prepared for testing, as required in Subsection B of this section, as follows:

(a) Blending of the entire batch/lot prior to testing; or

(b) Tested in accordance with a testing plan approved by the regulatory authority.

D. Testing limits for hemp finished product shall be as follows:

(1) Total THC concentration shall not exceed more than three-tenths of one percent (0.30%);

(2) Solvents (volatile organic compounds) utilized throughout the processing of the hemp finished product shall not exceed the current United States Pharmacopeia recommended limits for residual solvents; and

(3) If dried usable hemp finished product:

(a) Water content shall be less than fifteen percent by weight;

(b) Total aerobic microbial count shall be less than 100,000 colony forming units per gram (cfu/g) or colony forming units per milliliter (cfu/mL);

(c) Total combined yeast and mold count shall be less than 10,000 cfu/g or cfu/mL;

(d) Bile-tolerant gram-negative bacteria shall be less than 1,000 cfu/g or cfu/mL;

(e) Salmonella spp. and E. coli shall be absent in 10 grams cfu/g or cfu/mL; and;

(f) Total coliforms count shall be less than 1,000 cfu/g or cfu/mL.

E. Hemp finished product that exceeds the testing limits specified in Subsection D of this section, or the testing results specified in Paragraph 3 of Subsection B of this section do not meet the requirements of Subsection E of 20.10.2.13 NMAC, may undergo a confirming test by a hemp laboratory. If the confirming test confirms the initial test results, the permit holder shall report the results to the regulatory authority within 24 hours.

F. Hemp finished products that exceed the testing limits specified in Subsection D of this section, or the testing results specified in Paragraph 3 of Subsection B of this section do not meet the requirements of Subsection E of 20.10.2.13 NMAC, shall not be distributed and shall be:

(1) disposed of in an approved manner; or

(2) re-worked in an approved manner.

G. Hemp finished product that is re-worked as specified in Paragraph 2 of Subsection F of this section shall meet requirements of this section before they are transported, distributed, sold or otherwise made available to consumers.

H. Hemp facilities shall obtain a certificate of analysis for each hemp finished product batch/lot from an approved laboratory. The certificate of analysis shall include the results of the required testing required in this section and shall include the following information:

(1) The batch identification number;

(2) The date received;

(3) The date of testing completion;

(4) The method of analysis for each test conducted; and

(5) The signature of an authorized official of the hemp laboratory that guarantees the results of the laboratory's testing of a sample.

I. Hemp facilities shall provide the certificate of analysis with hemp finished products as follows:

(1) If shipped to another business entity, the certificate of analysis for each hemp finished product shall be provided to the business entity; or

(2) If shipped directly to the consumer, shall be provided to the consumer upon request.

N.M. Admin. Code § 20.10.2.14

Adopted by New Mexico Register, Volume XXX, Issue 15, August 13, 2019, eff. 8/1/2019, Amended by New Mexico Register, Volume XXXI, Issue 02, January 28, 2020, eff. 1/28/2020