Cannabis Manufacturer Policies And Procedures

A. Minimum policy and procedure requirements: A manufacturer shall develop, implement, and maintain on the licensed premises, standard policies and procedures, which shall include the following: (1) cannabis testing criteria and procedures, which shall be consistent with the testing requirements of the Cannabis Regulation Act, the Lynn and Erin Compassionate Use Act, or division rules, and shall include at a minimum, the following topics: (a) representative sampling and analytical testing of cannabis or cannabis products for contaminants prior to wholesale or transfer to another cannabis establishment; (b) recordkeeping and chain of custody protocols for transportation of cannabis or cannabis product samples to a cannabis testing laboratory; (c) recordkeeping and chain of custody protocols for transportation of cannabis or cannabis products to another cannabis establishment for any purpose; (d) protocols to ensure that cannabis or cannabis products, including any 16.8.2 NMAC 22 samples of cannabis or cannabis products, are transported and stored in a manner that prevents degradation, contamination, tampering, or diversion; (e) protocols for testing sample collection that ensures accurate test results; and (f) procedures for destruction of a tested batch of cannabis or cannabis products if the testing samples from the tested batch indicate noncompliance with applicable health and safety standards; (2) employee policies and procedures to address the following minimum requirements: (a) adherence to state and federal laws; (b) responding to an emergency, including robbery or a serious accident or incident; (c) alcohol and drug-free workplace policies and procedures; (d) safety and security procedures; (e) occupational health and safety; (f) crime prevention techniques; and (g) if applicable, confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996; and (3) documentation prepared for each employee and statements signed by employees indicating receipt and understanding of policies and procedures. B. Training program: (1) Licensee shall implement a training program, approved by the division, to ensure that all personnel present at the premises are provided information and training that, at minimum, covers the following topics within 30 days of the start of employment: (a) employee health and safety training materials; (b) health and safety hazards; (c) hazard communication training for all solvents or chemicals used at the licensed premises and as described in the safety data sheet for each solvent or chemical; (d) training requirements for the proper use of health and safety measures and controls; (e) emergency procedures; (f) security procedures; and (g) record keeping requirements. (2) Prior to independently engaging in any cannabis manufacturing process, including but not limited to extraction: (a) an overview of the process and standard operating procedure(s); (b) quality control procedures; (c) hazard analysis and control procedures as appropriate; (d) proper and safe usage of equipment or machinery; (e) safe work practices applicable to an employee’s job tasks, including appropriate use of any necessary safety or sanitary equipment; (f) cleaning and maintenance requirements; (g) emergency operations, including shutdown; and (h) any additional information reasonably related to an employee’s job duties. (3) A licensee, or employee, involved in the handling, transportation, manufacture, extraction, testing, or packaging of cannabis products must successfully complete a food handler course accredited by the American national standards institute (ANSI) prior to conducting any related activities. Such training shall be maintained while employed under a manufacturing licensee. The licensee shall obtain documentation evidencing the fulfillment of this requirement. C. Training documentation: (1) Licensee shall ensure that all personnel receive annual refresher training to cover, at minimum, the topics listed in this section. The licensee shall maintain a record, which contains at minimum: (a) a list of all personnel at the premises, including at minimum, name and job duties of each; 16.8.2 NMAC 23 (b) documentation of training topics and dates of training completion for all personnel; (c) dates of refresher training completion for all personnel; (d) the signature of verifying receipt and understanding of each training or refresher training completed. (2) Licensee may designate supervisory personnel with responsibility to oversee the requirements of this section. D. Retention of training documentation: Licensees shall maintain documentation of an employee’s training for a period of two years for current employees and at least six months after the termination of an employee’s employment. [16.8.2.33 NMAC – N/E, 09/08/2021; N, 12/28/2021] 16.8.2.34 MINIMUM STANDARDS FOR THE MANUFACTURE OF CANNABIS PRODUCTS: A. General requirements: Licensees shall ensure the following: (1) manufacturing shall be done in premises that are in compliance with state and local laws that do not conflict with the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act; (2) the licensee’s right to use the quantity of water sufficient to meet the manufacturing facility’s needs remains in good standing; (3) weighting or measuring devices that are used in the wholesale of 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; and (4) licensee shall notify the division of any changes to the days or hours of business operation; B. Permissible extractions: (1) Except as provided in Paragraph (2), cannabis extraction shall only be conducted using the following methods: (a) Mechanical extraction, such as dry screens, sieves, or presses, potable water and ice made from potable water, cryogenic or subzero manufacturing not involving a solvent, or pressure and temperature; (b) Chemical extraction using a nonvolatile solvent such as a nonhydrocarbon-based or other solvent such as water, vegetable glycerin, vegetable oils, animal fats, or food-grade glycerin, (nonhydrocarbon-based solvents shall be food grade); (c) Chemical extraction using a division approved closed loop extraction system; or (d) A method authorized by the division pursuant to Paragraph (2) below. (2) To request authorization from the division to conduct cannabis extraction using a method other than those specified in Subparagraphs (a) – (c) above, the applicant or licensee shall submit a detailed description of the extraction method, including any documentation that validates the method and any safety procedures to be utilized to mitigate any risk to public or worker health and safety. (3) Extraction equipment shall be used and operated in accordance with its intended manufacturer use and design. (4) Current safety data sheets shall be kept on the premises for all chemicals used in the extraction process. C. Volatile solvent extractions: Chemical extractions using volatile solvents shall be subject to the following minimum requirements: (1) hydrocarbon-based solvents shall be at least 99.5 percent purity with a certificate of analysis from the manufacturer to confirm purity; (2) ethyl alcohol must be food grade, and non-denatured in composition; (3) solvents shall be free of odorants, bitterants, or other additives and stored, handled, and disposed of in accordance with local, state, and federal regulations, (4) all extractions shall be performed in a closed loop extraction system, unless approved by the division, as described in Subsection B of 16.8.2.34 NMAC; and (5) licensees shall not use ignition sources including but not limited to a heat gun or any open flame source next to extraction equipment that utilizes volatile solvents, including in rooms designated solely for extraction or in areas that contain or uses flammable liquids and gasses. D. Closed-loop extraction system requirements: (1) Closed loop systems, other equipment used, the extraction operation, and facilities must 16.8.2 NMAC 24 be approved for use by the local fire code official and meet any required fire, safety, and building code requirements specified in: (a) National Fire Protection Association (NFPA) standards; (b) International Building Code (IBC); (c) International Fire Code (IFC); or (d) Other applicable standards including all applicable fire, safety, and building codes related to the processing, handling and storage of the applicable solvent or gas. (2) All pressure vessels must comply with the Construction Industries Licensing Act, Section 60-13-1 et seq., NMSA 1978, including associated rules, applicable codes, and standards. (3) A list of the name(s) of all trained employees must be prominently displayed inside or immediately outside of the extraction area. (4) A licensee that is currently approved to use CO2 or a volatile solvent for extraction has 6 months from the effective date of this rule to comply with the applicable requirements. Nothing in this subsection is intended to relieve a licensee of its obligation to comply with any applicable federal, state, or local laws and regulations. [16.8.2.34 NMAC – N/E, 09/08/2021; N, 12/28/2021] 16.8.2.35 CANNABIS RETAIL LICENSURE; GENERAL PROVISIONS: A. Division application forms: All applications for licensure authorized pursuant to the Cannabis Regulation Act shall be made upon current forms prescribed by the division found on the division website. B. License required: Unless licensed pursuant to the Cannabis Regulation Act and division rules, a person shall not sell cannabis products to qualified patients, primary caregivers or reciprocal participants, or directly to consumers.