reglab/housing_qa huggingface dataset:
NM Stat § 25-8-2 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 8 - Raw Milk|Section 25-8-2 - Enforcement.

If, as a result of investigation, the environmental improvement agency finds that any person is violating any provision of Section 1 [25-8-1 NMSA 1978] of this act [25-8-1 to 25-8-3 NMSA 1978], or any regulation issued thereunder, the agency may bring an action for injunctive or other appropriate relief in the district court for the county in which the violation is occurring, or in the district court for Santa Fe county. History: 1953 Comp., § 52-2-19, enacted by Laws 1977, ch. 270, § 2.
NM Stat § 25-8-3 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 8 - Raw Milk|Section 25-8-3 - Penalty; civil.

Any person who violates any provision of Section 1 [25-8-1 NMSA 1978] of this act [25-8-1 to 25-8-3 NMSA 1978] or any regulation issued thereunder is liable to a civil penalty not to exceed one hundred dollars ($100) for each violation. History: 1953 Comp., § 52-2-20, enacted by Laws 1977, ch. 270, § 3.
NM Stat § 25-9-1 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 9 - Imitation Honey (Repealed.)|Section 25-9-1 - Repealed.

History: 1953 Comp., § 49-16-1, enacted by Laws 1977, ch. 243, § 1; repealed by Laws 2005, ch. 145, § 1.ANNOTATIONSRepeals. — Laws 2005, ch. 145 repealed 25-9-1 NMSA 1978, as enacted by Laws 1977, ch. 243, § 1, relating to the short title of the Imitation Honey Act, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 25-9-2 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 9 - Imitation Honey (Repealed.)|Section 25-9-2 - Repealed.

History: 1953 Comp., § 49-16-2, enacted by Laws 1977, ch. 243, § 2; repealed by Laws 2005, ch. 145, § 2.ANNOTATIONSRepeals. — Laws 2005, ch. 145 repealed 25-9-2 NMSA 1978, as enacted by Laws 1977, ch. 243, § 2, relating to definitions, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 25-9-3 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 9 - Imitation Honey (Repealed.)|Section 25-9-3 - Repealed.

History: 1953 Comp., § 49-16-3, enacted by Laws 1977, ch. 243, § 3; repealed by Laws 2005, ch. 145, § 3.ANNOTATIONSRepeals. — Laws 2005, ch. 145 repealed 25-9-3 NMSA 1978, as enacted by Laws 1977, ch. 243, § 3, relating to unlawful labeling, advertising or selling of products as honey, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 25-9-4 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 9 - Imitation Honey (Repealed.)|Section 25-9-4 - Repealed.

History: 1953 Comp., § 49-16-4, enacted by Laws 1977, ch. 243, § 4; repealed by Laws 2005, ch. 145, § 4.ANNOTATIONSRepeals. — Laws 2005, ch. 145 repealed 25-9-4 NMSA 1978, as enacted by Laws 1977, ch. 243, § 4, relating to enforcement, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 25-9-5 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 9 - Imitation Honey (Repealed.)|Section 25-9-5 - Repealed.

History: 1953 Comp., § 49-16-5, enacted by Laws 1977, ch. 243, § 5; repealed by Laws 2005, ch. 145, § 5.ANNOTATIONSRepeals. — Laws 2005, ch. 145 repealed 25-9-5 NMSA 1978, as enacted by Laws 1977, ch. 243, § 5, relating to penalties, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 25-10-1 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 10 - Pinon Nuts|Section 25-10-1 - Short title.

This act [25-10-1 to 25-10-5 NMSA 1978] may be cited as the "Pinon Nut Act". History: Laws 1987, ch. 43, § 1.
NM Stat § 25-10-2 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 10 - Pinon Nuts|Section 25-10-2 - Unlawful labeling, advertising or selling of products as pinon nuts.

A. It is unlawful for any person to package any product and label the product as pinon nuts or as containing pinon nuts or to use the words pinon nuts in any prominent location on the label of such product or to advertise, sell or offer for sale any product which is labeled pinon nuts or as containing pinon nuts unless the product consists of pinon nuts or uses pinon nuts as an ingredient in the product. B. As used in this section, "pinon nuts" means the edible nut which is the product of the pinon tree, scientifically known as genus "pinus", subgenus "strobus", section "parrya", subsection "cembroides". History: Laws 1987, ch. 43, § 2; 1993, ch. 299, § 1. ANNOTATIONSThe 1993 amendment, effective April 7, 1993, substituted the language beginning "genus 'pinus'" for "the pinus edulis and pinus monophylla" at the end of Subsection B and made minor stylistic changes.
NM Stat § 25-10-3 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 10 - Pinon Nuts|Section 25-10-3 - Enforcement.

A. The board of regents of New Mexico state university shall enforce and administer the Pinon Nut Act through the New Mexico department of agriculture. The board shall have the authority to promulgate regulations necessary for the enforcement of the Pinon Nut Act. B. The department through its authorized inspectors or agents is authorized to: (1) audit the purchase and sales records of any person, firm or corporation dealing with pinon nut sales; and (2) enter, on any business day during the usual hours of business, any store, market or any other business or place where pinon nuts are sold or offered for sale under the provisions of the Pinon Nut Act in this state. History: Laws 1987, ch. 43, § 3; 1993, ch. 299, § 2. ANNOTATIONSThe 1993 amendment, effective April 7, 1993, designated the formerly undesignated provision as Subsection A and added Subsection B.
NM Stat § 25-10-4 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 10 - Pinon Nuts|Section 25-10-4 - Genetic research program initiated.

New Mexico state university shall: A. devote an appropriate portion of its funding for the purpose of initiating a program of genetic research and procedures for developing a seed source for faster growing pinon trees suitable to New Mexico's climate; B. study methods to prevent and control diseases that threaten the pinon trees in this state; C. conduct and publish a nutritional analysis of pinon nuts; D. research and recommend storage methods for both shelled and unshelled nuts for periods of up to three years; E. recommend packaging methods for shelled nuts to preserve freshness; F. conduct a marketing study to define the potential of exploiting the state's present wild-growing pinon nut crop resource both for in-state consumption and for out-of-state export; G. conduct research in the development of mechanical means for harvesting pinon nuts from wild trees that will not cause damage to the trees or their surroundings and mechanical means for shelling the pinon nuts; and H. report annually to the legislature regarding the amount of funding it is devoting and expending for the research, development and marketing programs called for in this section, the funding being devoted to and expended for other agricultural, range, forestry and land stewardship programs and the progress being made towards fulfilling the research, development and marketing programs called for in this section. History: Laws 1987, ch. 43, § 4; 1993, ch. 299, § 3. ANNOTATIONSThe 1993 amendment, effective April 7, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 25-10-5 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 10 - Pinon Nuts|Section 25-10-5 - Penalty.

Any person who violates the provisions of the Pinon Nut Act or any regulation promulgated pursuant to that act is guilty of a misdemeanor and each violation shall constitute a separate offense. History: Laws 1987, ch. 43, § 5. ANNOTATIONSCross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 25-11-1 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 11 - New Mexico Chile Advertising|Section 25-11-1 - Short title.

Chapter 25, Article 11 NMSA 1978 may be cited as the "New Mexico Chile Advertising Act". History: Laws 2011, ch. 57, § 1; 2013, ch. 85, § 1; 2013, ch. 211, § 1. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, added the NMSA chapter and article for the New Mexico Chile Advertising Act; and at the beginning of the sentence, deleted "This act" and added "Chapter 25, Article 11 NMSA 1978". Laws 2013, ch. 85, § 1 and Laws 2013, ch. 211, § 1, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 211, § 1. See 12-1-8 NMSA 1978.
NM Stat § 25-11-2 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 11 - New Mexico Chile Advertising|Section 25-11-2 - Definitions.

As used in the New Mexico Chile Advertising Act: A. "board" means the board of regents of New Mexico state university; and B. "chile pepper" means the fruit from Capsicum annuum. History: Laws 2011, ch. 57, § 2. ANNOTATIONSEffective dates. — Laws 2011, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
NM Stat § 25-11-3 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 11 - New Mexico Chile Advertising|Section 25-11-3 - Unlawful advertising, labeling or selling of non-New Mexico chile.

A. It is unlawful for a person to: (1) knowingly advertise, describe, label or offer for sale chile peppers as New Mexico chile, or to advertise, describe, label or offer for sale a product as containing New Mexico chile, unless the chile peppers or chile peppers in the product were grown in New Mexico; or (2) knowingly advertise, describe, label or offer for sale chile peppers, or a product containing chile peppers, using the name of any city, town, county, village, pueblo, mountain, river or other geographic feature or features located in New Mexico in a misleading or deceptive manner that states or reasonably implies that the chile peppers are, or the product contains, New Mexico chile, unless the chile peppers or chile peppers in the product were grown in New Mexico. B. The prohibitions in this section do not apply to a person whose business name, brand name or trademark was used in advertising, product descriptions, labels or offers for sale and was established prior to the effective date of the New Mexico Chile Advertising Act; provided that, on and after July 1, 2013, the person, in all advertising, descriptions and labels containing that business name, brand name or trademark, shall include in a prominent location and in a prominent typeface a disclaimer stating "NOT GROWN IN NEW MEXICO" if the product contains chile peppers that were not grown in New Mexico. C. The prohibitions in this section do not apply to a restaurant that describes a menu item using a geographic name provided for in Paragraph (2) of Subsection A of this section; provided that the origin of any chile in the menu item is not misrepresented. History: Laws 2011, ch. 57, § 3; 2013, ch. 85, § 2; 2013, ch. 211, § 2. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, expanded violations of the act; provided exceptions to the application of the act; and added Paragraph (2) of Subsection A and Subsections B and C. Laws 2013, ch. 85, § 2 and Laws 2013, ch. 211, § 2, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 211, § 2. See 12-1-8 NMSA 1978.
NM Stat § 25-11-4 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 11 - New Mexico Chile Advertising|Section 25-11-4 - Administration; audit; inspection.

A. The board may: (1) enforce and administer the New Mexico Chile Advertising Act through the New Mexico department of agriculture; and (2) promulgate rules, in consultation with the New Mexico chile industry, necessary for the administration of the New Mexico Chile Advertising Act. B. Sales of twenty thousand pounds or less of chile peppers per calendar year by the person that grew the chile peppers are exempt from any recordkeeping requirement that the board may establish by rule. For the purposes of this subsection, "farmers' market" means a physical retail market open to the public at which farmers sell produce. C. The New Mexico department of agriculture through its authorized inspectors or agents is authorized to: (1) audit the purchase and sales records of a person dealing with the sale of chile peppers or products containing chile peppers that are advertised, described, labeled or offered for sale as New Mexico chile; (2) enter, on a business day during the usual hours of business, a store, market or other business or place for the limited purpose of inspecting the establishment's records related to chile peppers or products containing chile peppers being advertised, described, labeled or offered for sale as New Mexico chile or as containing New Mexico chile; and (3) issue stop-sale, use or removal orders with respect to any violation of the New Mexico Chile Advertising Act. History: Laws 2011, ch. 57, § 4; 2013, ch. 85, § 3; 2013, ch. 211, § 3. ANNOTATIONS2013 Multiple Amendments. — Laws 2013, ch. 85, § 3 and Laws 2013, ch. 211, § 3 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2013, ch. 211, § 3, which was last signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2013, ch. 85, § 3 and Laws 2013, ch. 211, § 3 are described below. To view the session laws in their entirety, see the 2013 session laws on NMOneSource.com. The nature of the difference between the amendments is that Laws 2013, ch. 211, § 3 defined "farmers' market" in Subsection B and Laws 2013, ch. 85, § 5 did not. Laws 2013, ch. 211, § 3, effective July 1, 2013, eliminated the authority of the board to issue cease and desist orders; authorized the department of agriculture to issue stop-sale, use or removal orders; provided exemptions from record keeping requirements; deleted former Paragraph (3) of Subsection A, which authorized the board to issue cease and desist orders; added Subsection B; and added Paragraph (3) of Subsection C. Laws 2013, ch. 85, § 3, effective July 1, 2013, eliminated the authority of the board to issue cease and desist orders; authorized the department of agriculture to issue stop-sale, use or removal orders; provided exemptions from record keeping requirements; deleted former Paragraph (3) of Subsection A, which authorized the board to issue cease and desist orders; added Subsection B; and added Paragraph (3) of Subsection C.
NM Stat § 25-11-5 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 11 - New Mexico Chile Advertising|Section 25-11-5 - Injunction.

In addition to any other remedy under law, the board may apply to the district court for an injunction, and the district court may issue a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of the New Mexico Chile Advertising Act or any rule promulgated pursuant to that act by the board. In issuing an injunction on the application of the board, the court shall not require a bond. History: Laws 2011, ch. 57, § 5. ANNOTATIONSEffective dates. — Laws 2011, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
NM Stat § 25-12-1 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 12 - Homemade Food|Section 25-12-1 - Short title.

Sections 1 through 5 [25-12-1 to 25-12-5 NMSA 1978] of this act may be cited as the "Homemade Food Act".History: Laws 2021, ch. 98, § 1. ANNOTATIONSEffective dates. — Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 1 effective July 1, 2021.
NM Stat § 25-12-2 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 12 - Homemade Food|Section 25-12-2 - Definitions.

As used in the Homemade Food Act:A. "department" means the department of environment; provided that when a class A county and a home rule municipality that have established a combined local health department pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] for the purpose of local health regulation, "department" means the combined local health department;B. "homemade food item" means a food item or non-alcoholic beverage that is produced at the private farm, ranch or residence of a processor, including homemade food items that are packaged at the processor's private farm, ranch or residence;C. "label" means a display of written, printed or graphic matter upon the immediate container of any article;D. "not time and temperature control" refers to food items that do not require time and temperature control to ensure safety;E. "person" includes an individual, partnership, corporation and association;F. "processor" means a person who produces a homemade food item;G. "seller" means a person who sells a not-time-and-temperature-control homemade food item to a consumer;H. "time and temperature control" means a control requirement for certain foods to ensure safety and limit pathogenic microorganism growth; andI. "to produce" means to prepare a homemade food item by baking, cooking, cutting, dehydrating, drying, fermenting, growing, mixing, preserving, raising or other process designated by the environmental improvement board by rule.History: Laws 2021, ch. 98, § 2. ANNOTATIONSEffective dates. — Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 2 effective July 1, 2021.
NM Stat § 25-12-4 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 12 - Homemade Food|Section 25-12-4 - Interpretation of act; consultations.

No provision of the Homemade Food Act shall be construed so as to:A. preclude the department from providing assistance, consultation or inspection at the request of the processor of a homemade food item;B. preclude the production or sale of homemade food items otherwise allowed by law;C. change the regulation of other goods and services where homemade food items are also produced or sold;D. exempt sellers from applicable business registration or tax law;E. require private farmers' markets or other private venues to allow the sale of homemade foods; orF. conflict with federal law.History: Laws 2021, ch. 98, § 4. ANNOTATIONSEffective dates. — Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 4 effective July 1, 2021.
NM Stat § 25-12-5 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 12 - Homemade Food|Section 25-12-5 - State preemption.

Except as otherwise provided in the Homemade Food Act, a political subdivision of the state, including a home rule municipality, or an institution of the state shall not adopt a law, policy or resolution that regulates or attempts to regulate the production or sale of homemade food items.History: Laws 2021, ch. 98, § 5. ANNOTATIONSEffective dates. — Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 5 effective July 1, 2021.
NM Stat § 26-1-1 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-1 - Short title.

Chapter 26, Article 1 NMSA 1978 may be cited as the "New Mexico Drug, Device and Cosmetic Act". History: 1953 Comp., § 54-6-26, enacted by Laws 1967, ch. 23, § 1; 1987, ch. 270, § 1. ANNOTATIONSCompiler's notes. — Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act. Cross references. — For drug product selection, see Article 3 of this chapter. For provisions of the Controlled Substances Act, see 30-31-1 NMSA 1978 et seq. The 1987 amendment, effective June 19, 1987, substituted the present catchline for the former catchline, which read "Title of act"; substituted "Chapter 26, Article 1 NMSA 1978" for "This act"; and inserted "Device." Objective of article, in general, is to help establish a closed regulatory system for the legitimate handlers of controlled drugs. Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799. Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics, and Poisons §§ 1, 2, 8, 9, 10, 14, 15, 17, 19, 33, 69, 72, 75, 76, 98, 100, 130, 141, 191, 206. Products liability: sufficiency of evidence to support product misuse defense in actions concerning food, drugs, and other products intended for ingestion, 58 A.L.R.4th 7. Products liability: sufficiency of evidence to support product misuse defense in actions concerning cosmetics and other personal care products, 58 A.L.R.4th 40. Products liability: mascara and other eye cosmetics, 63 A.L.R.4th 105. Products liability of endorser, trade association, certifier, or similar party who expresses approval of product, 1 A.L.R.5th 431. 28 C.J.S. Supp. Drugs and Narcotics §§ 1 to 9.
NM Stat § 26-1-3 (2021)
2021 New Mexico Statutes|Chapter 26 - Drugs and Cosmetics|Article 1 - General Provisions|Section 26-1-3 - Prohibited acts.

The following acts are prohibited: A. the sale of any drug or device that is adulterated, misbranded or a counterfeit drug which is not a controlled substance; B. the adulteration or misbranding of any drug or device; C. the receipt or delivery in commerce of any drug or device that is adulterated, misbranded or a counterfeit drug which is not a controlled substance; D. the dissemination of any false advertisement; E. the giving of a false guaranty or undertaking, except by a person who relied on a guaranty or undertaking as attested by label or labeling from whom he received in good faith the drug or device for sale; F. any act with respect to a drug or device when the act is done while the drug or device is held for sale and results in the drug or device being misbranded or adulterated; G. the creation, sale, disposition, possession or concealment of any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint, device of another or any likeness of any of the foregoing upon any drug or container or labeling so as to render the drug a counterfeit drug; H. concealment, disposition or possession with intent to sell or preparation with intent to defraud of a counterfeit drug; I. in the case of a dangerous drug distributed or offered for sale in this state, the failure of the manufacturer or repackager to transmit, to any practitioner licensed to administer the drug who makes a written request for information, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold or such other printed matter as is approved under the federal act. Nothing in this subsection shall be construed to exempt any person from any labeling requirement imposed under other provisions of the New Mexico Drug, Device and Cosmetic Act [26-1-1 NMSA 1978] and the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978]; and J. except as provided in Sections 26-3-1 through 26-3-3 NMSA 1978, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the express permission in each case of the person ordering or prescribing. History: 1953 Comp., § 54-6-28, enacted by Laws 1967, ch. 23, § 3; 1972, ch. 84, § 44; 1976, ch. 60, § 1; 1987, ch. 270, § 3. ANNOTATIONSCross references. — For definitions, see 26-1-2 NMSA 1978. For adulteration of drug or device, see 26-1-10 NMSA 1978. For adulteration of cosmetics, see 26-1-25 NMSA 1978. For penalties, see 26-1-26 NMSA 1978. For the definition of "federal act", see 26-1-2W NMSA 1978. The 1987 amendment, effective June 19, 1987, deleted "or cosmetic" following "drug or device" throughout the section; in the last sentence in Subsection I inserted "Device"; in Subsection J substituted "Sections 26-3-1 through 26-3-3 NMSA 1978" for "Sections 54-6-28.1 through 54-6-28.3 NMSA 1953"; and made minor stylistic changes throughout the section.