N.M. Admin. Code § 21.20.3.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 21.20.3.11 - LABORATORY HEMP TESTING LICENSE REQUIREMENTS

A. Persons engaged in the testing of raw hemp for the purpose of supporting regulatory requirements established by the department shall be licensed by the department.

B. Prior to issuance of a Laboratory Hemp Testing License by the department, applicants shall demonstrate expertise directly related to quantification of specific compounds in cannabis under the following requirements:

(1) Analytical proficiency directly related to the quantification of THC by qualifying under one or more of the following:

(a) Have successfully completed a proficiency test administered by a department approved entity using department approved methodologies within the past six months.

(b) Currently approved for the quantification of THC in cannabis by another state agency or other entity that has been recognized by the department.

(c) Other qualifying requirements as allowed by the director or established in policy.

(2) Submission to the department for review and approval SOPs for procedures related to sample receiving, plant material storage, record retention, sample processing, extraction methodology, total THC quantification methodology, and disposal and destruction of plant material in excess of three-tenths percent THC post-decarboxylation.

(3) Submission to the department for review and approval SOPs related to reporting to, or providing the department access to THC test results related to hemp samples submitted by hemp growers in support of their hemp harvest certificate.

(4) Submission to the department for review and approval laboratory director credentials; laboratory location for fixed laboratory, license plate and vehicle description of mobile laboratory units.

(5) Other pre-license approval requirements as developed and stated in policy.

C. Persons issued a Laboratory Hemp Testing License shall comply with but not limited to the following:

(1) Only utilize SOPs approved by the department relevant to the quantification of total THC in samples received to support of the issuance of a Hemp Harvest Certificate.

(2) Participate in proficiency testing, as required and directed by the department. Number of proficiency tests required by the department during a 12-month period shall not exceed two when results are identified as satisfactory by the department.

(3) Provide department staff access to hemp THC testing facilities for the purpose of determining compliance with state rules and policies, or to observe procedures during one or more proficiency testing events.

(4) Disclose to the department potential conflicts of interest related to hemp testing including but not limited to, laboratory ownership, laboratory board members, or staff who have direct economic interests in a specific hemp production.

(5) Accept financial responsibility for costs incurred as a result of department directed proficiency testing.

(6) Understand costs associated with the testing of hemp for regulatory purposes will not be the responsibility of the department.

(7) Other requirements as developed and stated in policy.

N.M. Admin. Code § 21.20.3.11

Adopted by New Mexico Register, Volume XXX, Issue 19, October 15, 2019, eff. 10/15/2019