reglab/housing_qa huggingface dataset:
NM Stat § 25-7A-12 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-12 - Manufacturing, packing and processing permits for certain classes of dairy products; suspension; inspections.

A. Whenever the board finds after investigation that the distribution in New Mexico of any class of dairy product may, by reason of contamination with microorganisms during manufacture, processing or packing in any locality, be injurious to health and that such injurious nature cannot be adequately determined after the dairy product has entered commerce, it then and in such case only shall promulgate regulations providing for the issuance, by the director to manufacturers, processors or packers of such class of dairy product in such locality, of permits to which shall be attached such conditions governing the manufacture, processing or packing of such class of dairy product for such temporary period of time as may be necessary to protect the public health, and after the effective date of the regulations and during the temporary period, no dairy establishment shall introduce or deliver for introduction into commerce any such dairy product manufactured, processed or packed by any such manufacturer, processor or packer unless the manufacturer, processor or packer holds a permit issued by the director as provided by such regulations. B. The director is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of the permit, and the director shall, immediately after prompt hearing and an inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit as originally issued or as amended. C. The director shall have access to any factory or establishment, the operator of which holds a permit from the director, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for inspection shall be ground for suspension of the permit until access is freely given by the operator. History: Laws 1993, ch. 188, § 12. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7A-13 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-13 - Promulgating regulations governing the addition of any poisonous or deleterious substances in dairy products.

Any poisonous or deleterious substance added to any dairy product, except where the substance is required in production or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of Subsection B of Section 10 [25-7A-10 NMSA 1978] of the New Mexico Dairy Product Act; but when the substance is required or cannot be avoided, the board shall promulgate regulations limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of Subsection B of Section 10 of the New Mexico Dairy Product Act. While such a regulation is in effect limiting the quantity of any such substance in the case of any dairy product, the dairy product shall not, by reason of bearing or containing any added amount of the substance, be considered to be adulterated within the meaning of Subsection A of Section 10 of the New Mexico Dairy Product Act. In determining the quantity of the added substance to be tolerated in or on different dairy products, the board shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each diary product and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. History: Laws 1993, ch. 188, § 13. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7A-14 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-14 - False advertising.

A. An advertisement of a dairy product is deemed to be false if it is false or misleading in any particular manner. B. If a dairy product is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences that may result from the use of the dairy product to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. History: Laws 1993, ch. 188, § 14. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7A-15 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-15 - Promulgating regulations; procedure.

The authority to promulgate regulations after public hearing for the efficient enforcement of the New Mexico Dairy Product Act is vested in the board. The board is authorized to make the regulations promulgated under the federal act. History: Laws 1993, ch. 188, § 15. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7A-16 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-16 - Power to make inspections and secure samples within dairy establishments.

The director shall have free access at all reasonable hours to any dairy establishment in which dairy products are manufactured, processed, packed or held for introduction into commerce or to enter any vehicle being used to transport or hold such dairy products in commerce for the purpose: A. of inspecting the dairy establishment or vehicle to determine if any provision of the New Mexico Dairy Product Act is being violated; and B. to secure samples or specimens of any dairy product after paying or offering to pay for the sample. The director may make or cause to be made examinations of samples secured under the provisions of this section to determine whether any provision of the New Mexico Dairy Product Act is being violated. History: Laws 1993, ch. 188, § 16. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7A-17 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-17 - Power of director to publish reports and disseminate information.

A. The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders that have been rendered under the New Mexico Dairy Product Act, including the nature of the charge and the disposition of the charge. B. The director may also cause to be disseminated such information regarding dairy products as he deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director from collecting, reporting and illustrating the results of his investigations. History: Laws 1993, ch. 188, § 17. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7A-18 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-18 - Cooperation.

The department may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state. History: Laws 1993, ch. 188, § 18. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7A-19 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7A - Dairy Products|Section 25-7A-19 - Scientific laboratory to serve as testing laboratory.

The scientific laboratory division of the department of health shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of the New Mexico Dairy Product Act. History: Laws 1993, ch. 188, § 19. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-1 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-1 - Short title.

Sections 20 through 30 [25-7B-1 to 25-7B-11 NMSA 1978] of this act may be cited as the "Dairy Establishment Sanitation Act". History: Laws 1993, ch. 188, § 20. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-2 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-2 - Purpose.

The purpose of the Dairy Establishment Sanitation Act is to protect the public health by establishing standards and provisions for the regulation of dairy establishments and by appropriate delegations of authority to the department to adopt and enforce regulations covering the environmental health aspects of dairy establishments to assure that consumers are not exposed to adverse environmental health conditions arising out of the operations of dairy establishments. History: Laws 1993, ch. 188, § 21. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-3 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-3 - Definitions.

As used in the Dairy Establishment Sanitation Act: A. "board" means the board of regents of New Mexico state university; B. "dairy establishment" means a milk producing or milk processing facility; C. "dairy product" means milk, whether fluid, dried, evaporated, stabilized, condensed or otherwise processed, cream, milk products, ice cream, frozen custard, French custard, ice milk, frozen dessert or any other food product derived principally from milk; D. "department" means the New Mexico department of agriculture; E. "director" means the director of agriculture; F. "milk" means the whole, clean, lacteal secretion obtained by the complete milking of one or more healthy cows or goats, properly fed and kept, delivered from the dairy farm to any receiving or distributing establishment or factory within a reasonable time, excluding that obtained within fifteen days before or five days after calving or such longer period as may be necessary to render milk practically colostrum-free; and G. "person" includes an individual, partnership, corporation and association. History: Laws 1993, ch. 188, § 22. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-4 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-4 - Board; regulations; department; powers and duties.

The board shall promulgate procedural and substantive regulations to provide: A. for the preparation of dairy products at dairy establishments in a manner safe for human consumption, free from adulteration, spoilage, contamination and unwholesomeness. The regulations shall provide for: (1) disease control; (2) employee hygiene and sanitation at dairy establishments; (3) dairy establishment premises sanitation; (4) all aspects of dairy establishment construction relating to sanitation; (5) control of pests and infestation by pests at dairy establishments; (6) lavatory and toilet facility placement and sanitation at dairy establishments; (7) lavatory hygiene at dairy establishments; (8) dairy equipment and utensil design and construction at dairy establishments; (9) dairy equipment and utensil storage and handling at dairy establishments; (10) dairy establishment ventilation; and (11) any other facet of dairy establishment operations that reasonably may be considered to pose an existing or potential hazard to the health of the consuming public; B. the issuance, suspension and revocation of permits required under the Dairy Establishment Sanitation Act, which regulations shall provide for prior notice to and a hearing for any applicant for or holder of a permit when the department-proposed action is to deny an application for or suspend or revoke a permit, except in those specified instances under the provisions of the Dairy Establishment Sanitation Act when the department is authorized to take any of the foregoing actions without prior notice and hearing; C. establishing requirements for inspections of dairy establishments, which shall include provisions for inspections at a frequency of at least once every twelve months; and D. for permitting fees for permits issued pursuant to the Dairy Establishment Sanitation Act. History: Laws 1993, ch. 188, § 23. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-5 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-5 - Department; powers and duties.

A. The department is authorized and has the duty to execute any provisions of the Dairy Establishment Sanitation Act delegated to it under that act and specifically is directed to administer and enforce the provisions of regulations adopted pursuant to that act. B. The director may appoint an advisory council composed of dairy experts to assist in carrying out the objectives of the Dairy Establishment Sanitation Act. History: Laws 1993, ch. 188, § 24. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-6 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-6 - Permits; permit required; application; revocation; suspension.

A. No person may operate a dairy establishment unless he possesses a valid and unsuspended permit issued by the department in accordance with the Dairy Establishment Sanitation Act and the regulations adopted pursuant to that act. The permit shall be posted in a conspicuous place within the dairy establishment. No person may display a permit unless it has been issued to him by the department and has not been revoked and is not under suspension. B. Any person desiring to operate a dairy establishment shall apply to the department for the issuance of a permit. Applications shall be made in a form and in accordance with procedures established by regulations of the department. The department shall issue a permit to any applicant that complies with the regulations of the department covering the issuance of permits and who demonstrates to the satisfaction of the department his ability to comply with all the provisions of the Dairy Establishment Sanitation Act and all regulations of the department. C. The department shall promulgate regulations for the revocation or suspension of permits for those dairy establishments that fail to come into compliance with a provision of the Dairy Establishment Sanitation Act or regulation promulgated pursuant to that act. The hearing officer shall not be any person previously involved in the suspension or revocation action. No inspection made more than twenty-four months prior to the most recent such inspection shall be used as a basis for suspension or revocation. History: Laws 1993, ch. 188, § 25. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-7 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-7 - Inspection by department.

A. The department shall inspect dairy establishments to determine compliance or lack of compliance with the Dairy Establishment Sanitation Act and regulations of the department. The procedures for inspection shall be in accordance with regulations of the department. Upon request by the department to a dairy establishment operator or to his employee or agent, he shall permit the department official, upon proper identification, to enter the premises, inspect all parts of the premises and inspect and copy any records of purchases by the dairy establishment. The operator or his employee or agent shall be given an opportunity to accompany the department official on his inspection and, as soon as possible after the inspection, a report of the inspection shall be furnished to him. Refusal to allow an inspection of a dairy establishment is grounds for revocation of the permit of the operator, provided that the department official has tendered proper identification prior to the refusal. B. During an inspection, the department may take samples of dairy products and other substances found on the premises of a dairy establishment for the purpose of determining compliance with provisions of the Dairy Establishment Sanitation Act and regulations of the department. History: Laws 1993, ch. 188, § 26. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-8 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-8 - Immediate suspension of permit by department.

The department may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a dairy establishment present a substantial danger of illness, serious physical harm or death to consumers who might use the products of the dairy establishment. A suspension action taken under this section is effective when communicated to the dairy establishment operator or any employee or agent of the operator who is in charge of the premises involved. If there is no designated employee or agent in charge of the premises, communication to any employee physically present on the premises is sufficient communication to make the suspension effective. History: Laws 1993, ch. 188, § 27. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-9 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-9 - Judicial review of department actions.

Any person to whom the department denies a permit or whose permit is suspended or revoked by the department may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1993, ch. 188, § 28; 1998, ch. 55, § 36; 1999, ch. 265, § 38. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1". The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 25-7B-10 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-10 - Enforcement; administrative penalties.

A. The department may seek relief in district court to enjoin the operation of any dairy establishment not complying with the Dairy Establishment Sanitation Act or any regulation adopted under that act. B. The board shall establish a system of administrative penalties for violations of the Dairy Establishment Sanitation Act. The administrative penalties may be assessed by the director in lieu of or in addition to other penalties provided by statute. In establishing the system of administrative penalties, the board, after public notice and public hearing, shall adopt regulations that meet the following minimum requirements: (1) the maximum amount of any administrative penalty shall not exceed one thousand dollars ($1,000) for any one violation of the Dairy Establishment Sanitation Act by any person; and (2) violations for which administrative penalties may be assessed shall be clearly defined, along with a scale of administrative penalties relating the amount of the administrative penalty to the severity and frequency of the violation. History: Laws 1993, ch. 188, § 29. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-7B-11 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 7B - Dairy Establishment Sanitation|Section 25-7B-11 - Disease control.

The department shall promulgate regulations to ensure that a person with a disease that can reasonably be expected to be transmitted to other persons shall not work in a dairy establishment. History: Laws 1993, ch. 188, § 30. ANNOTATIONSEffective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after adjournment of the legislature.
NM Stat § 25-8-1 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 8 - Raw Milk|Section 25-8-1 - Raw milk sold at retail; standards.

Raw milk sold by a retailer must meet all standards established by the board of regents of New Mexico state university and the environmental improvement agency for the retail sale of grade A raw milk and in addition shall: A. contain no more than twenty thousand bacteria per milliliter; B. contain no more than fifty coliform bacteria per milliliter; and C. within two hours after completion of milking, be cooled to a temperature of forty-five degrees fahrenheit or less and maintained at that temperature until sold to the consumer. History: 1953 Comp., § 52-2-18, enacted by Laws 1977, ch. 270, § 1. ANNOTATIONSCross references. — For provisions relating to dairy products, see 25-7-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Food §§ 47 to 53. 36A C.J.S. Food §§ 12(8), 13, 14(1), 14(2), 15.