N.M. Admin. Code § 7.34.4.9

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

Section 7.34.4.9 - NON-PROFIT PRODUCERS; MINIMUM STANDARDS FOR PRODUCTION OF CANNABIS

A non-profit producer shall comply with the following minimum requirements for the production of cannabis:

A.General requirements: A licensed non-profit producer shall ensure the following:

(1) that all production activities are done on premises that are in compliance with state and local laws, including but not limited to zoning, occupancy, licensing, and building codes;

(2) that all equipment, implements, and fixtures that are used for the production of cannabis shall be used exclusively for the production of cannabis;

(3) that no cannabis plants other than those grown pursuant to the non-profit producer's production license from the department are grown on the licensed property of the non-profit producer, including but not limited to hemp plants;

(4) that production is conducted in a manner that does not allow cross-contamination from chemical or biological hazards;

(5) that production does not occur at a location that is within 300 feet of a school, church, or daycare center that existed within the 300-foot area before the producer became licensed to operate at the location;

(6) that any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including a boil, sore, or infected wound, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with preparation surfaces for cannabis, shall be excluded from any operations which may be anticipated to result in such contamination until the condition is corrected;

(7) that hand-washing facilities are provided that are adequate, accessible, and conveniently located, and that they are furnished with running water at a suitable temperature; hand-washing facilities shall be located in indoor production facilities, in restrooms, and wherever good sanitary practices require employees to wash or sanitize their hands, and shall be stocked with effective hand-cleaning and sanitizing preparations, and sanitary towel service or suitable drying devices;

(8) that all persons involved in preparing or handling medical cannabis conform to hygienic practices while on duty, including:

(a) maintaining adequate personal cleanliness;

(b) washing hands thoroughly in an adequate hand-washing area before starting work, at any other time when the hands may have become soiled or contaminated, and both before putting gloves on and after removal of gloves;

(c) refraining from preparing or handling medical cannabis or cannabis derived products if the handler has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected; and

(d) complying with the other requirements of this section;

(9) that there is sufficient space for placement of equipment and storage of materials as is necessary for the maintenance of sanitary operations for production of medical cannabis;

(10) that litter and waste are properly removed, and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed;

(11) that all floors (other than earthen floors), walls, and ceilings that are located within a permanent structure are constructed in such a manner that they are washable, wipeable, and non-absorbent, and can be kept clean, and kept in good repair;

(12) that walls and ceilings remain free of water damage, and that fiberglass and other insulation material not be exposed;

(13) that there is adequate safety-type lighting in all areas where cannabis is processed or stored, and where equipment or utensils are cleaned;

(14) that the non-profit producer provides adequate screening or other protection against the entry of pests; rubbish shall be disposed of so as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage, or breeding place for pests;

(15) that building, fixtures, and other physical facilities where cannabis is produced are maintained in a sanitary condition;

(16) that all contact surfaces, including utensils and equipment used for preparation of cannabis, are cleaned and sanitized as frequently as necessary to protect against contamination;

(17) that all equipment and utensils used for preparation of cannabis are designed and of such material and workmanship as to be adequately cleanable, and are properly maintained;

(18) that only environmental protection agency (EPA) registered sanitizing agents are used in production operations and that they are used in accordance with labeled instructions;

(19) that toxic cleaning compounds, sanitizing agents, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of medical cannabis or cannabis derived products, and that otherwise satisfies the requirements of this rule;

(20) that the water supply is sufficient for the operations intended and is derived from a source that is a regulated water system; private water supplies shall be from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the production facility's needs;

(21) that plumbing shall be of adequate size and design, adequately installed, and maintained to carry sufficient quantities of water to required locations throughout the facility; and properly convey sewage and liquid disposable waste from the facility;

(22) that there are no cross-connections between the potable and waste water lines;

(23) that the non-profit producer provide its employees with adequate, readily accessible, on-site toilet facilities that are maintained in a sanitary condition and good repair;

(24) that all operations in the receipt, inspection, transport, segregation, preparation, manufacture, packaging, and storage of usable cannabis are conducted in accordance with adequate security and sanitation principles;

(25) that usable cannabis that can support the rapid growth of undesirable microorganisms are stored and transported in a manner that prevents the growth of these microorganisms;

(26) that storage and transportation of usable cannabis is accomplished under conditions that will maintain security and protect the usable cannabis against physical, chemical, and microbial contamination as well as against deterioration of the usable cannabis and the container;

(27) that current material safety data sheets are kept on the premises for all chemicals used, including but not limited to cleaning compounds, sanitizing agents, and pesticides;

(28) that all containers used for storage or transport of usable cannabis are washable, wipeable, and nonabsorbent;

(29) that all weighting or measuring devices that are used in the production or distribution of usable cannabis be appropriately documented as having undergone certified registration and calibration that is in accordance with applicable requirements of the New Mexico department of agriculture;

(30) that the non-profit producer will prohibit its employees and contractors from being under the influence of drugs or alcohol in the workplace; and

(31) that hemp, hemp extract, and hemp derived products, other than hemp paper and hemp seed oil, are not combined in any manner with usable cannabis intended to be sold or otherwise distributed by the non-profit producer.

N.M. Admin. Code § 7.34.4.9

7.34.4.9 NMAC - N, 12/30/2010, Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015, Amended by New Mexico Register, Volume XXVII, Issue 04, February 29, 2016, eff. 2/29/2016, Adopted by New Mexico Register, Volume XXXI, Issue 12, June 23, 2020, eff. 6/23/2020