The applicant may not begin construction of a new irradiator prior to the submission to the department an application for a license for the irradiator. As used in this section, the term "construction" includes the construction of any portion of the permanent irradiator structure on the site, but does not include engineering and design work, purchase of a site, site surveys or soil testing, site preparation, site excavation, construction of warehouse or auxiliary structures, and other similar tasks. Any activities undertaken prior to the issuance of a license are entirely at the risk of the applicant and have no bearing on the issuance of a license.
N.M. Admin. Code § 20.3.15.1503