N.M. Code R. § 16.8.7.17

Prevention of Heavy Metal Contamination

Effective Jul 12, 2022State of New Mexico

A cannabis establishment shall adhere to the following quality control standards for the production and manufacturing of cannabis:

  1. A. Growing media: The cannabis establishment shall maintain, and make available for division inspection, records of all growing media purchased.
  2. 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.
  3. 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.
  4. 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† 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. †Reported in micrograms per liter (µg/L) of sample. Based on U.S. Environmental Protection Agency’s maximum contaminant levels.

    Table 1. Heavy Metal Testing Requirements for Water and Soil

    Analyte

    Symbol

    CAS Number

    Action Level: Soil*

    Action Level: Water†

    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.

    †Reported in micrograms per liter (µg/L) of sample. Based on U.S. Environmental Protection Agency’s maximum contaminant levels.

[16.8.7.17 NMAC – N, 07/12/2022]

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