1. A. The department of environment shall issue permits pursuant to rules issued under Subsection C of this section to extract, process or engage in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products.
2. B. A person shall not extract, process or engage in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products without a permit issued by the department of environment or a license issued pursuant to Subsection C of Section 76-24-10 NMSA 1978.

3. C. The department of environment shall adopt rules that include:

   1. (1) procedures for the issuance, denial, renewal, suspension and revocation of a permit issued by the department of environment to manufacture hemp products, including permit terms and procedures for appeal of a denial, suspension or revocation that include notice and opportunity for a hearing;
   2. (2) qualifications for permitting that include health, sanitation, safety and security;
   3. (3) proficiency standards and requirements for storage, recordkeeping and inspections;
   4. (4) requiring, and providing a process for, the use or disposal of hemp-derived material containing THC levels of more than three-tenths percent; and
   5. (5) fees not to exceed the lesser of one thousand dollars ($1,000) or the cost of administration of a permit issued pursuant to this section.
4. D. A hemp manufacturer that produces intermediate hemp-derived products or hemp finished products intended for human consumption by eating or drinking are subject to the provisions of the Food Service Sanitation Act [Chapter 25, Article 1 NMSA 1978] and the New Mexico Food Act [25-2-1 to 25-2-20 NMSA 1978].
5. E. Hemp finished products produced by a hemp manufacturer holding a permit issued pursuant to this section shall not be deemed adulterated as that term is used in the Food Service Sanitation Act and the New Mexico Food Act.
6. F. Fees collected pursuant to this section shall be deposited in the environmental health fund.
7. G. A permit issued pursuant to this section does not relieve the holder of the permit of the responsibility to obtain other licenses or permits as required by law.

History: Laws 2019, ch. 116, § 6; 2020, ch. 32, § 6.

ANNOTATIONS

The 2020 amendment, effective May 20, 2020, provided that fees collected pursuant to this section shall be deposited in the environmental health fund; in Subsection B, changed "8 of the Hemp Manufacturing Act" to "76-24-10 NMSA 1978"; and in Subsection F, after "deposited in the", deleted "food service sanitation" and added "environmental health".