NOTICE OF RULEMAKING HEARINGS: September 2018

NOTICE OF RULEMAKING HEARINGS

The New Mexico Department of Agriculture (NMDA) has scheduled rule hearings for:

Friday, October 12 in Las Cruces at 2 p.m.
NMDA, 3190 S. Espina Las Cruces, NM 88001

Monday, October 15 in Espanola at 1 p.m.
Espanola Library Conference Room, 313 N Paseo De Onate, Española, NM 87532

Monday, October 15 in Albuquerque at 6 p.m.
Los Griegos Center, 1231 Candelaria Rd NW Albuquerque, NM 87107

Tuesday, October 16 in Portales at 11 a.m.
Portales Chamber of Commerce (Basement Classroom), 100 S. Ave A Portales, NM 88130

Tuesday, October 16 in Carlsbad at 6 p.m.
River Walk Recreation Center – Power House Room 400 River walk Drive Carlsbad NM

Formal hearings will be held to receive public input on the newly developed rule 21.17.XX NMAC – Hemp Cultivation Rule.

Purpose:
To develop a rule to accompany statutory language which allows the department of agriculture to administer an industrial hemp program.

The 2014 farm bill included the first provision of federal law which allowed for hemp production and research. The farm bill allowed state departments of agriculture and institutions of higher education to pursue production in states where hemp could be legally grown.

During the 2017 legislative session, Senate Bill 6 was passed and chaptered into law. SB 6 granted NMDA the authority to develop an industrial hemp program and promulgate rules for the administration of that program which would complement federal law. State statute also grants persons and institutions of higher education the ability to apply for an industrial hemp production license through the NMDA. The proposed rule establishes licensure requirements, fee caps, inspection/sampling requirements, and testing processes to ensure uniformity to the definition of hemp.

Rule Summary: To establish a rule for the administration of the newly created hemp program at the New Mexico Department of Agriculture. The proposed rule establishes licensure requirements, fee caps, inspection/sampling requirements, and testing processes to ensure uniformity to the definition of hemp.

Legal Authority Authorizing the Rule:
Granted to the board of regents of New Mexico State University under the Industrial Hemp Research and Development Program Act, Chapter 76, Article 24, Section 1, NMSA 1978 Compilation.

Interested individuals may provide comments regarding the proposed rulemaking actions at the rule hearing and/or submit written comments via email at comments@nmda.nmsu.edu.  Written comments must be received no later than 5:00 p.m. on October 16, 2018.  Individuals are encouraged to submit written comments as soon as possible.  Persons offering written comments at the meeting must have two copies for the hearing officer.

The full text of the proposed rules is available on the webpage at www.nmda.nmsu.edu and available at the New Mexico Department of Agriculture, located at 3190 S. Espina, Las Cruces, NM 88003.

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact NMDA at (575) 646-3702 at least one week prior to the meeting or as soon as possible.

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