New Mexico Administrative Code

A witness may participate in a rulemaking hearing before the secretary by means of a telephone conference or other similar communications equipment when an emergency or circumstances make it impossible for the witness to attend the hearing in person. A witness who wishes to parti…

A. General: All motions, except those made orally during a hearing, shall be in writing, specify the grounds for the motion and state the relief sought. Each motion shall be accompanied by an affidavit, certificate, or other evidence relied upon and shall be served as provided by…

A. The rules of civil procedure and the rules of evidence shall not apply. B. The hearing officer shall conduct the hearing so as to provide a reasonable opportunity for all persons to be heard without making the hearing unreasonably lengthy or cumbersome or burdening the record …

A. All testimony will be taken under oath or affirmation which may be accomplished en masse or individually. B. The hearing officer shall admit any relevant evidence, unless the hearing officer determines that the evidence is incompetent or unduly repetitious. The hearing officer…

A. Any person offering an exhibit at hearing, other than a document filed and served before the hearing, shall provide an original for the secretary and a sufficient number of copies for every other party. B. All exhibits offered at the hearing shall be marked with a designation …

This part is adopted pursuant to Section 3-29-9, Subsection D of Section 9-7A-6, and Sections 14-4-1 through 14-4-11 NMSA 1978.

A. Unless specified by the secretary or hearing officer, a verbatim transcript shall be made of the hearing. The cost of the original transcript of the proceeding and of providing a copy for each member shall be borne by the petitioner. B. Any person may obtain a copy of the tran…

The hearing officer may allow the record to remain open for a reasonable period of time following conclusion of the hearing for written submission of additional evidence, comments arguments, and proposed statements of reasons. The hearing officer's determination regarding post-he…

If the secretary directs, the hearing officer shall file a report of the hearing. The report shall identify the issues addressed at the hearing, identify the parties' final proposals, and the evidence supporting those proposals, including discussion or recommendations as requeste…

A. If the hearing notice indicated that a decision might be made at the conclusion of the hearing, the secretary may immediately make a decision on the proposed regulatory change. B. The secretary shall reach a decision on the proposed regulatory change within 60 days following c…

A. The secretary's administrator shall provide to the public notice of the secretary's action and a concise explanatory statement. B. The adopted rule shall not take effect unless within 15 days of adoption of the rule, the secretary delivers the final rule to the state records a…

A. Any person who is or may be affected by a rule adopted by the secretary may file a motion with the secretary's hearing administrator seeking a stay of that rule or regulatory change. The motion shall include the reason for, and the legal authority supporting, the granting of a…

This part governs the procedures in all regulatory change hearings before the department pursuant to the Department of Environment Act, Subsection D of Section 9-7A-6 NMSA 1978; the Sanitary Projects Act, Sections 3-29-1 through 3-29-20 NMSA 1978; and the State Rules Act Sections…

Permanent.

December 11, 2018, unless a later date is cited at the end of a section.

The purposes of this part are: A. to standardize the procedures used in rulemaking proceedings before the department pursuant to the Department of Environment Act, the Sanitary Projects Act, and the State Rules Act; B. to encourage public participation in the regulatory change he…

As used in this part: A. "department" means the New Mexico environment department; B. "document" means any paper, exhibit, pleading, motion, response, memorandum, decision, order, or other written or tangible item that is filed in a proceeding under this part, or is brought to or…

A. Department: The secretary of the department shall exercise all powers and duties prescribed by Subsection D of Section 9-7A-6 or Section 3-29-9 NMSA 1978, and by this part, and not otherwise delegated to the hearing officer. The secretary shall have the authority to take all m…

A. Liberal construction: This part shall be liberally construed to carry out its purpose. B. Severability: If any part or application of this part is held invalid, the remainder of this part or its application to other persons or situations shall not be affected. C. Computation o…

New Mexico Environment Department, P.O. Box 5469, Santa Fe, New Mexico 87502, Telephone No. (505) 827-2855.

A. Hemp facilities shall only transport hemp product to NMED permitted hemp facilities or persons approved by the regulatory authority. B. Except as provided in Subsections E and F of this section, hemp facilities shall create and utilize a hemp transportation manifest meeting th…

A. After the effective date of this part and unless otherwise provided, it is illegal to operate a hemp facility which does not meet the requirements of this section. B. Adoption of 21 CFR 117 Subparts A, B, and F. Except as otherwise provided, Subparts A, B, and F of the United …

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. B. A drinking water system shall be flushed and disinfected before being placed in serv…

A. After the effective date of this part and unless otherwise provided, hemp finished products produced for:(1) human consumption shall meet the applicable labeling requirements of 21 CFR 101 and the New Mexico Food Act; and (2) absorption by humans shall meet the applicable labe…

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 facilit…

Testing required in 20.10.2.14 NMAC shall be conducted by an approved laboratory that has no direct ownership or financial interest in the hemp facility for which the testing is being conducted.

A. The regulatory authority shall conduct inspections of hemp facilities to determine compliance with the act, Food Service Sanitation Act, the New Mexico Food Act, and this part. B. When an inspection conducted by the regulatory authority reveals a violation or repeat violation …

A. Except as specified in Subsections B and C of this section, a permit holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or…

A. The regulatory authority may immediately suspend a permit, without prior warning, notice of a hearing, or a hearing, if it determines through inspection, examination of employees, hemp product records, or other means as specified in this part, if: (1) an imminent health hazard…

A. A permit holder may request an appeal hearing to address concerns about the regulatory authority's denial of an application for permit, suspension or revocation of a permit, or an enforcement action taken by the regulatory authority. A hearing request does not stay the regulat…

All individuals, businesses, agencies, institutions, or other entities engaged in the transportation, extraction, storage, or processing of hemp products in New Mexico.

The regulatory authority may seek an administrative or judicial remedy to achieve compliance with the provisions of this part if a person operating a hemp facility: A. fails to have a valid permit to operate a hemp facility as specified in Subsection A of Section 20.10.2.8 NMAC; …

A. The regulatory authority may place a hold order on hemp products in a permitted hemp facility that: (1) originated from an unapproved source; (2) may be adulterated, misbranded, or otherwise unsafe for human consumption, or not accurately presented; (3) are not labeled accordi…

A. A notice issued in accordance with this part shall be considered to be properly served if it is served by one of the following methods: (1) The notice is personally served by the regulatory authority, a law enforcement officer, or a person authorized to serve a civil process t…

A. The regulatory authority may grant a variance by modifying or waiving the requirements of this part if the regulatory authority determines that no hazard to human health or the environment will result from the modification or waiver. B. The person requesting a variance shall s…

The Hemp Manufacturing Act, NMSA 1978, Sections 76-24-1 to 76-24-10 (2017 as amended through 2019); Department of Environment Act, NMSA 1978, Sections 9-7A-1 through 9-7A-15 (1991 as amended through 2003).

Permanent.

January 28, 2020, unless a later date is cited at the end of a section.

To establish uniform standards for the transportation, extraction, processing, and testing of hemp products for the purpose of ensuring the safe manufacture and accurate presentation of hemp products for human consumption, absorption, and inhalation.

A. "Act" means the Hemp Manufacturing Act, Section 76-24-1, et seq., NMSA 1978. B. "Adulterated" has the meaning stated in the New Mexico Food Act, Section 25-2-10 NMSA 1978. C. "Applicant" means a person who has submitted a hemp facility application to the regulatory authority. …

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. (…

A. Adoption of food code subparts 2-201, 2-301, and 2-401, and section 2-103.11. Except as otherwise provided, subpart 2-201, 2-301, and 2-401, and section 2-103.11 of the 2017 United States food and drug administration model food code is hereby adopted and incorporated in its en…

Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.

If any section, paragraph, sentence, clause or word of 20.11.1 NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of 20.11.1 NMAC.

Documents incorporated and cited in 20.11.1 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM.