Current through Register Vol. 35, No. 18, September 24, 2024
A. Adoption of 21 CFR 117. Except as
otherwise provided, Subpart F and the sections, specified in paragraphs 1-7 of
this subsection, of Subparts A and B of the United States code of federal
regulations, title 21, part 117 are hereby adopted and incorporated in their
entirety:
(1) 117.3 Definitions;
(2) 117.20 Plant and grounds;
(3) 117.35 Sanitary operations;
(4) 117.37 Sanitary facilities and
controls;
(5) 117.40 Equipment and
utensils;
(6) 117.80 Processes and
controls; and
(7) 117.110 Defect
action levels and Subpart F.
B. Modifications. Except as otherwise
provided, the following modifications are made to the incorporated subparts of
21 CFR 117:
(1) 117.301: All records required
by this part are subject to all requirements of this subpart;
(2) 117.315(c): Offsite storage of records is
permitted if such records can be retrieved and provided onsite within 24 hours
of request for official review. Electronic records are considered to be onsite
if they are accessible from an onsite location; and
(3) 117.320: All records required by this
part must be made promptly available to the division for official review and
copying upon oral or written request.
C. Omissions. Except as otherwise provided,
the following omissions are made to the incorporated subparts of 21 CFR 117:
(1) 117.310;
(2) 117.315(d);
(3) 117.325;
(4) 117.335; and
(5) The following terms are omitted from
section 117.3 Definitions:
(a)
Allergen;
(b) Food;
(c) Food-contact surfaces;
(d) Lot;
(e) Manufacturing/processing; and
(f) Packing.
D. Adoption of food code parts 4-5, 4-6 and
4-7. Except as otherwise provided, parts 4-5, 4-6, and 4-7 of the 2017 United
States food and drug administration model food code is hereby adopted and
incorporated in its entirety.
E.
Modifications. Except as otherwise provided, the following modifications are
made to the incorporated subparts of the 2017 United States food and drug
administration model food code, 4-603.12 Precleaning:
(1) Food or cannabis product debris on
equipment and utensils shall be scraped over a waste disposal unit or garbage
receptacle or shall be removed in a warewashing machine with a prewash
cycle.
(2) If necessary, for
effective cleaning, utensils and equipment shall be pre-flushed, presoaked, or
scrubbed with abrasives. Ethyl alcohol (ethanol) or isopropyl alcohol
(isopropanol) are acceptable for pre-flushing or presoaking.
F. Omissions. Except as otherwise
provided, the following omissions are made to the incorporated subparts of the
2017 United States food and drug administration model food code:
(1) 4-502.12;
(2) 4-502.13(B);
(3) 4-502.14;
(4) 4-602.11(A)(1);
(5) 4-602.11(B);
(6) 4-602.11(D)(3); and
(7) 4-602.11(E)(2)-(3).
G. Cannabis Product Ingredient Source.
(1) Ingredients shall be received from
sources as specified in 7.6.2 NMAC.
(2) Cannabis products, ingredients, and
edible or topical cannabis finished products intended for human consumption
shall be transported under conditions that will protect against allergen
cross-contact and against biological, chemical (including radiological), and
physical contamination of the cannabis products, ingredients, and cannabis
finished products, as well as against deterioration of the cannabis products,
ingredients, and cannabis finished products and the container in accordance
with the New Mexico Food Service Sanitation Act and the New Mexico Food
Act.
H. The current 21
CFR 111 and United States Federal Food, Drug, and Cosmetic Act, Title 21,
Chapter 9 and 7.6.2 NMAC are hereby adopted as a technical reference and
interpretation guide.
