N.M. Admin. Code § 16.8.7.17

Current through Register Vol. 35, No. 17, September 10, 2024

Section 16.8.7.17 - PREVENTION OF HEAVY METAL CONTAMINATION

A.Growing media The cannabis establishment shall maintain, and make available for division inspection, records of all growing media purchased.

B.Water If using for irrigation water from a non-municipal source, a cannabis establishment shall maintain quarterly testing data indicating concentrations at or below the action levels in Table 1, Heavy Metal Testing Requirements for Water and Soil, below.

C.Soil If growing cannabis directly in the ground, the cannabis establishment shall submit at least annually representative soil samples to a laboratory for analysis of arsenic, cadmium, lead, and mercury levels and shall retain a certificate of analysis for inspection by the division. If the concentration of any heavy metal exceeds the action levels in Table 1, Heavy Metal Testing Requirements for Water and Soil, below, the cannabis establishment shall remediate the soil and shall not produce additional plants until soil concentrations are below the applicable action levels.

D.Choice of laboratories The cannabis establishment may submit water or soil samples to any laboratory in the United States offering water or soil analysis for the four required analytes.

Table 1. Heavy Metal Testing Requirements for Water and Soil
Analyte	Symbol	CAS Number	Action Level: Soil*	Action Level: Water[Dagger]
Arsenic	As	7440-38-2	4.25	10.0
Cadmium	Cd	7440-43-9	7.05	5.0
Lead	Pb	7439-92-1	400	15.0
Mercury	Hg	7439-97-6	2.38	2.0
*Reported in micrograms per gram (µg/g) of sample/parts per million (ppm). Based on New Mexico Environment Department's Risk Assessment Guidance for Site Investigations and Remediation. [Dagger]Reported in micrograms per liter (µg/L) of sample. Based on U.S. Environmental Protection Agency's maximum contaminant levels.

N.M. Admin. Code § 16.8.7.17

Adopted by New Mexico Register, Volume XXXIII, Issue 13, July 12, 2022, eff. 7/12/2022