N.M. Admin. Code § 20.10.2.8

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

Section 20.10.2.8 - GENERAL PROVISIONS

A.Prerequisite and Responsibility for Operation:

(1) A person may not operate a hemp facility without a valid permit to operate as issued by the regulatory authority.

(2) When more than a single hemp facility is operated on the premises, each one shall be separately permitted.

(3) When a food processing plant permitted by the regulatory authority also operates as a hemp facility, both operations shall be permitted separately.

(4) Except as otherwise provided, the permit holder shall be responsible for all hemp facility operations conducted on the premises for which a permit is issued.

(5) When multiple hemp facilities are permitted by multiple permit holders on the same premises, each permit holder shall only be responsible for the hemp facility operations within the scope of their permit.

(6) Each permit holder shall be responsible for shared facilities or equipment on the premises.

(7) The permit holder shall ensure that the hemp facility remains in compliance with this part and the act. A violation of any provision of this part or the act may result in civil or criminal proceedings authorized in law, including but not limited to the assessment of civil penalties, the suspension or revocation of permit(s), destruction of hemp products, or other such actions.

(8) The issuance of a permit does not relieve any person operating a hemp facility from the responsibility of complying with other applicable laws, ordinances and regulations.

B.Application, Plans, and Specifications Requirements:

(1) An applicant shall submit a written application for a permit, on a form provided by the regulatory authority, at least 30 calendar days prior to operating a hemp facility.

(2) An applicant or permit holder shall submit to the regulatory authority properly prepared plans and specifications for review and approval at least 30 calendar days before:

(a) the construction of a hemp facility;

(b) the conversion of an existing structure for use as a hemp facility;

(c) the remodeling of a hemp facility or a change of type of hemp facility if the regulatory authority determines that plans and specifications are necessary to ensure compliance with this part; or

(d) opening or changing ownership of an existing hemp facility, if current plans and specifications are not on file with the regulatory authority.

(3) It is the sole responsibility of the applicant to provide the regulatory authority with a complete permit application. The regulatory authority will not act on incomplete permit applications.

C.Operational Plans.

(1) Except as otherwise provided in paragraph (5) of this subsection, a hemp facility shall submit a written operational plan containing the following information, as applicable, for each product(s) to be extracted, manufactured and transported with the application for a permit:

(a) Planned source of hemp products.

(b) Names of the ingredient(s);

(c) The final product pH;

(d) The final product water activity (Aw);

(e) Names of preservative(s);

(f) The type of packaging to be used and whether the packaging is integral to product stability;

(g) The intended distribution and use condition of the product;

(h) If the product is to be distributed at ambient, refrigerated or frozen temperature;

(i) The expected shelf life during distribution, retail storage, and in the hands of the consumer;

(j) How the product should be prepared for consumption;

(k) What mishandling of the product might occur in the merchandising channels or in the hands of the consumer;

(l) A description of the batch/lot ID coding system, as required in this section;

(m) The proposed recall plan;

(n) The complete operational procedure for the intended process, using a flow chart, and the following, if applicable:

(i) The proposed extraction method, and approval from RLD/LP Gas Bureau if utilizing propane or butane for extraction;

(ii) The proposed process for the removal of all harmful solvents used during the extraction process;

(iii) The intended disposition for all unused hemp product and residual solvents;

(iv) The safety measures proposed to protect the public and employees from dangers associated with extraction methods;

(o) Proposed product labels that comply with all requirements of 20.10.2. 13 NMAC;

(p) Proposed record keeping system to assure traceability of hemp products from harvest to hemp finished products; and

(q) Proposed pest control plan.

(2) Prior to adding new hemp products, or changing the stated process for any existing product in the product line, the hemp facility shall provide to the regulatory authority:

(a) For each new hemp product, the same information as specified for the initial application in this section; and

(b) For each existing product for which a change will be made in the manufacturing process, the applicable changes to the information previously submitted pursuant to this section.

(3) The regulatory authority may require that the hemp facility's processes be reviewed by an approved process authority to verify all critical factors of public health significance are addressed.

(4) Recall procedures shall be prepared for hemp products that may be adulterated, misbranded, or otherwise unsafe for human consumption and shall include:

(a) Plans for identifying products which may be adulterated or misbranded;

(b) Procedures for collecting, warehousing, controlling, reworking, and/or disposal of recalled products;

(c) System for determining the effectiveness of recalls; and

(d) Persons to contact when implementing a recall, including the regulatory authority.

(5) A hemp warehouse is exempt from the requirements of Paragraph (1) of Subsection C of this section, except hemp warehouses shall provide:

(a) Proposed pest control plan;

(b) If the product is to be stored at ambient, refrigerated or frozen temperature;

(c) Proposed record keeping system to assure traceability of hemp products from receipt to release;

(d) Proposed recall plan meeting the requirements specified in Paragraph (4) of this subsection; and

(e) If storing non-hemp products in the same warehouse as hemp products, a complete operational procedure outlining how hemp products will remain clearly identified, segregated from non-hemp products, and unadulterated during storage.

D.Fees, Penalty Fees, and Expiration Dates:

(1) Initial and renewal application fees are non-refundable and shall be:

(a) $1000.00 for a hemp extraction facility;

(b) $1000.00 for a hemp manufacturing facility;

(c) $1000.00 for a hemp warehouse; and

(d) $500.00 for a hemp processing facility.

(2) Application fees specified in Paragraph (1) of Subsection D of this section shall be paid upon submission of an initial or renewal application. Except as specified in Paragraph (5) of Subsection D of this section, application fees shall include all applicable costs associated with administration of a hemp facility permit.

(3) Permits issued pursuant to Subsection E of this section shall expire on the last day of the anniversary month of the date of original issue.

(4) The expiration of permits issued prior to January 28, 2020 shall be extended to the last day of the anniversary month of the date of original issue.

(5) When a re-inspection is scheduled by the regulatory authority a penalty fee of $250.00 shall be assessed and paid by the permit holder prior to the re-inspection being conducted as specified in Subsection B of 20.10.2.16 NMAC or prior to the approval of a renewal application.

E.Permit Issuance, Permit Denial, Permit Renewal, and Change of Ownership:

(1) To qualify for a permit, an applicant shall:

(a) be an owner of the hemp facility or an official authorized by the owner of a hemp facility;

(b) comply with the requirements of this part and the act;

(c) allow access to the hemp facility by the regulatory authority and to provide requested information; and

(d) pay the required fees as specified in Subsection D of this section.

(2) The regulatory authority shall issue a permit to the applicant after:

(a) a properly completed application is submitted;

(b) the required fee, as specified in Paragraph (1) of Subsection D of this section, is submitted;

(c) the requirements specified in Subsections B and C of this section are approved by the regulatory authority;

(d) a preoperational inspection by the regulatory authority is conducted and demonstrates that the hemp facility is built or remodeled in accordance with the approved plans and specifications; and,

(e) the hemp facility is in compliance with this part and the act.

(3) Upon acceptance of the permit issued by the regulatory authority, the permit holder, in order to retain the permit, shall:

(a) post the permit in a conspicuous location in the hemp facility;

(b) comply with the provisions of this part, including the approved operational plans;

(c) immediately contact the regulatory authority to report an illness of a hemp employee or conditional employee as specified under Subsection A of 20.10.2.9 NMAC;

(d) immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified in 20.10.2.17 NMAC;

(e) allow representatives of the regulatory authority access to the hemp facility as specified in 20.10.2.11 and 20.10.2.16 NMAC;

(f) replace existing facilities and equipment that comply with this part if:

(i) the regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;

(ii) the regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or

(iii) the facilities and equipment are replaced in the normal course of operation.

(g) comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the permit holder's hemp facility or in response to community emergencies.

(h) accept notices issued and served by the regulatory authority according to law.

(i) be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this part, the act, or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.

(j) provide the most recent hemp facility inspection report to consumers upon request.

(4) If an application for a permit to operate is denied, the regulatory authority shall provide the applicant with a written notice that includes:

(a) the specific reasons or regulation citations for the permit denial; and

(b) advisement of the applicant's right of appeal and the process and time frames for appeal that are provided in law.

(5) A permit may not be transferred. This includes a prohibition on transferring a permit from one person to another person, from one location to another location, or from one type of operation to another type of operation.

(6) The regulatory authority may issue a permit to a new owner of an existing hemp facility upon completion of requirements as specified in this subsection.

(7) The regulatory authority may renew a permit for a hemp facility upon submission of a renewal application provided by the regulatory authority and the required fee(s) as specified in Paragraph 1 of Subsection D of this section.

N.M. Admin. Code § 20.10.2.8

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