CITY of ALBUQUERQUE
TWENTY-FIFTH COUNCIL
COUNCIL BILL NO. O-22-19 ENACTMENT NO. ______________________
SPONSORED BY: Tammy Fiebelkorn, by request
ORDINANCE
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Amending The Albuquerque Food Sanitation Ordinance To Update Permit Processes, Revise Fee Procedures, And To Regulate Edible Cannabis Products (Fiebelkorn, by request)
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AMENDING THE ALBUQUERQUE FOOD SANITATION ORDINANCE TO UPDATE PERMIT PROCESSES, REVISE FEE PROCEDURES, AND TO REGULATE EDIBLE CANNABIS PRODUCTS.
WHEREAS, the Cannabis Regulation Act, NMSA 1978, ?26-2C-1 et seq., was signed into law by the New Mexico Legislature on April 12, 2021; and
WHEREAS, the current Food Sanitation Ordinance incorporates the Food and Drug Administration's Food Code; and
WHEREAS, because cannabis is still illegal at the federal level, edible cannabis products would be considered adulterated and unfit for sale under federal guidelines; and
WHEREAS, fees need to be set for cannabis establishments.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Section 9-6-1-16 et seq. is amended as follows.
? 9-6-1-1 SHORT TITLE.
Sections 9-6-1-1 et seq. shall be known and may be cited as the "Food Sanitation Ordinance."
? 9-6-1-2 DEFINITIONS.
For the purpose of ?? 9-6-1-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATED. The condition of a food if:
(1) It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
(2) If it bears or contains any added poisonous or deleterious substance, for which no safe tolerance has been established by regulations, or in excess of such tolerance if one has been established, except that an edible cannabis product manufactured, labeled, and sold by a cannabis establishment in compliance with the Cannabis Regulation Act, Chap...
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