reglab/housing_qa huggingface dataset:
NM Stat § 25-1-7 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-7 - Permits; permit required; application; revocation; suspension.

A. No person may operate a food service establishment unless he possesses a valid and unsuspended permit issued by the agency in accordance with the Food Service Sanitation Act and the regulations adopted under it. The permit shall be posted in a conspicuous place within the food service establishment. No person may display a permit unless it has been issued to him by the agency and has not been revoked and is not under suspension. B. Any person desiring to operate a food service establishment shall apply to the agency for the issuance of a permit. Applications shall be made in a form and in accordance with procedures established by regulations of the board. The agency shall issue a permit to any applicant that complies with the regulations of the board covering the issuance of permits and who demonstrates to the satisfaction of the agency his ability to comply with all the provisions of the Food Service Sanitation Act and all regulations of the board applicable to his proposed food service establishment operation. C. The board shall promulgate regulations for the revocation or suspension of permits for those food service establishments which fail to come into compliance with a provision of the Food Service Sanitation Act or regulation promulgated under it. No permit shall be suspended or revoked under the provisions of this subsection unless there have been repeated violations of the same standard and without first providing the operator of a food service establishment an opportunity for an agency hearing. 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: 1953 Comp., § 54-3A-7, enacted by Laws 1977, ch. 309, § 7; 1985, ch. 38, § 1. ANNOTATIONSOperator ordinarily entitled to opportunity to cure violation. — In the absence of an emergency, an operator of a food service establishment is entitled to an opportunity to cure a violation prior to revocation of his permit to operate. Chalamidas v. Environmental Improvement Div., 1984-NMCA-109, 102 N.M. 63, 691 P.2d 64. Concessions operated by blind deemed excluded. — Those concessions in public buildings operated by the blind were not required to obtain permits from the department of public health (now department of health) if no food or drink was prepared at the concession. 1958 Op. Att'y Gen. No. 58-182 (opinion rendered under former law).
NM Stat § 25-1-8 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-8 - Inspection by agency.

A. The agency shall inspect food service establishments to determine compliance or lack of compliance with the Food Service Sanitation Act and regulations of the board. The procedures for inspection shall be in accordance with regulations of the board. Upon request by the agency to a food service establishment operator or to his employee or agent in charge of the food service establishment premises, he shall permit the agency official, upon proper identification, to enter the premises, inspect all parts of the premises and inspect and copy any records of food purchases by the food service establishment. The operator or his employee, or agent in charge of the food service establishment premises shall be given an opportunity to accompany the agency 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 is grounds for revocation of the permit of the operator, provided that the agency official has tendered proper identification prior to the refusal. B. During an inspection the agency may take samples of food and other substances found on the premises for the purpose of determining compliance with provisions of the Food Service Sanitation Act and regulations of the board. History: 1953 Comp., § 54-3A-8, enacted by Laws 1977, ch. 309, § 8.
NM Stat § 25-1-9 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-9 - Immediate suspension of permit by agency.

The agency may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a food service establishment present a substantial danger of illness, serious physical harm or death to consumers who might patronize the food service establishment. A suspension action taken under this section is effective when communicated to the food service 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. No suspension action taken under this section shall continue beyond the time that the conditions causing the suspension cease to exist, as determined by an inspection by the agency at the request of the food service operator. History: 1953 Comp., § 54-3A-9, enacted by Laws 1977, ch. 309, § 9. ANNOTATIONSOperator ordinarily afforded opportunity to cure violation. — In the absence of an emergency, an operator of a food service establishment is entitled to an opportunity to cure a violation prior to revocation of his permit to operate. Chalamidas v. Environmental Improvement Div., 1984-NMCA-109, 102 N.M. 63, 691 P.2d 64.
NM Stat § 25-1-10 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-10 - Proceeding under New Mexico Food Act authorized when adulterated or misbranded food found during inspection.

Whenever, during an inspection authorized under the Food Service Sanitation Act, the agency finds or has probable cause to believe that any food on the food service establishment premises is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of the New Mexico Food Act [25-2-1 to 25-2-20 NMSA 1978], it may proceed immediately to have the food detained, embargoed, destroyed or condemned under the provisions of Section 25-2-6 NMSA 1978. History: 1953 Comp., § 54-3A-10, enacted by Laws 1977, ch. 309, § 10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Federal Food, Drug and Cosmetic Act: construction and application of § 402(a)(3) [21 U.S.C. § 342(a)(3)] as to food deemed "adulterated," if it is filthy or the like, or unfit for food, 45 A.L.R.2d 861. Coloring matter as forbidden adulteration of food, 56 A.L.R.2d 1129.
NM Stat § 25-1-11 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-11 - Judicial review of board and division actions.

A. Rules adopted by the board are subject to judicial review under the provisions of Section 74-1-9 NMSA 1978. B. Any person to whom the division denies a permit or whose permit is suspended or revoked by the division may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 54-3A-11, enacted by Laws 1977, ch. 309, § 11; 1998, ch. 55, § 33; 1999, ch. 265, § 35. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B. The 1998 amendment, effective September 1, 1998, in the section heading, substituted "division" for "agency"; in Subsection A, substituted "Rules" for "Regulations", and substituted "12-12-13 NMSA 1953" for "74-1-9 NMSA 1978"; and rewrote Subsection B.
NM Stat § 25-1-12 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-12 - Enforcement.

A. The agency may seek relief in district court to enjoin the operation of any food service establishment not complying with the Food Service Sanitation Act or any regulation adopted under that act. B. In addition to granting injunctive relief, the district court may impose a civil penalty not exceeding five hundred dollars ($500) on any person who violates any provision of the Food Service Sanitation Act. Each and every violation of the provisions of that act shall constitute a separate offense. History: 1953 Comp., § 54-3A-12, enacted by Laws 1977, ch. 309, § 12.
NM Stat § 25-1-13 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-13 - Disease control.

The board shall promulgate regulations to insure that a person with a disease which can reasonably be expected to be transmitted to other persons shall not work in a food service establishment. History: 1953 Comp., § 54-3A-13, enacted by Laws 1977, ch. 309, § 13.
NM Stat § 25-1-14 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-14 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 197, § 5 repealed 25-1-14 NMSA 1978, as enacted by Laws 1989, ch. 197, § 4, relating to food service sanitation fund, effective July 1, 1992.
NM Stat § 25-1-15 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-15 - Pet dogs in outdoor dining areas; requirements.

A. A food service establishment may allow pet dogs in designated outdoor dining areas of the establishment if the following requirements are met: (1) no pet dog shall be allowed in any area where food is prepared; (2) patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control; (3) pet dogs shall not be allowed on chairs, tables or other furnishings; and (4) a sign or signs shall be posted to place the public on notice that the designated outdoor dining area is available for the use of patrons with pet dogs. Signs shall be at a minimum eight and one-half inches by eleven inches in size and use type that is uniform in size and no smaller than necessary to fill the sign to within two inches of the borders. The signs shall contain language reasonably designed to inform the public that dogs are permitted and may be present. Signs shall be posted prominently and be easily visible in both the area where dogs are permitted and at the entrance of the establishment. The board shall promulgate by rule the specific language to be included in the signs pursuant to Section 74-1-9 NMSA 1978. B. Employees shall: (1) wash their hands immediately after touching, petting or otherwise handling pet dogs; and (2) immediately clean up accidents involving pet waste and sanitize the area. C. A food service establishment may in its discretion prohibit pet dogs in outdoor dining areas. If a food service establishment allows pet dogs in a designated outdoor dining area, the food service establishment shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant. History: Laws 2011, ch. 151, § 1. ANNOTATIONSEffective dates. — Laws 2011, ch. 151, § 3 made Laws 2011, ch. 151, § 1 effective July 1, 2011.
NM Stat § 25-1-16 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 1 - Food Service Sanitation|Section 25-1-16 - Homemade food items; exemption.

Other than enforcement actions pursuant to Section 25-1-10 NMSA 1978, the provisions of the Food Service Sanitation Act shall not apply to homemade food items produced or sold pursuant to the Homemade Food Act [25-12-1 to 25-12-5 NMSA 1978].History: Laws 2021, ch. 98, § 6. ANNOTATIONSEffective dates. — Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 6 effective July 1, 2021.
NM Stat § 25-2-1 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 2 - Adulterated or Misbranded Food|Section 25-2-1 - [Title of act.]

This act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978] may be cited as the New Mexico Food Act. History: 1941 Comp., § 71-664, enacted by Laws 1951, ch. 169, § 1; 1953 Comp., § 54-1-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The term "this act" means Laws 1951, ch. 169 which appeared as 25-2-1 to 25-2-19 NMSA 1978. Laws 1993, ch. 188, § 32 enacted a new section of the New Mexico Food Act which was compiled as 25-2-20 NMSA 1978. Laws 1951, ch. 169, which enacted the New Mexico Food Act, contained a preliminary paragraph which read: "Legislative intent. - The legislative intent is hereby declared to be the enactment of a law which, in its essential provisions, shall be uniform with the food control provisions of the federal food, drug, and cosmetic act and the laws of those states which make similar enactments, and which, through the adoption of regulations conforming to those from time to time promulgated under the said federal act, will maintain uniformity therewith and insure co-ordination of the enforcement hereof with that of the said federal act." Cross references. — For provisions relating to the New Mexico Drug and Cosmetic Act, see 26-1-1 NMSA 1978 et seq. For provisions of the Environmental Improvement Act, see Chapter 74, Article 1 NMSA 1978. For the Organic Commodity Act, see Chapter 76, Article 22 NMSA 1978. Purpose. — The New Mexico Food Act and similar statutes of like import have for their objective the protection of public health. State v. 44 Gunny Sacks of Grain, 1972-NMSC-033, 83 N.M. 755, 497 P.2d 966. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Food §§ 1 to 62. 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 of endorser, trade association, certifier, or similar party who expresses approval of product, 1 A.L.R.5th 431. 36A C.J.S. Food §§ 1 to 20.
NM Stat § 25-2-4 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 2 - Adulterated or Misbranded Food|Section 25-2-4 - Power to enjoin violations.

In addition to the remedies hereinafter provided, the division is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for such cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of Section 25-2-3 NMSA 1978, irrespective of whether or not there exists an adequate remedy at law. History: 1941 Comp., § 71-667, enacted by Laws 1951, ch. 169, § 4; 1953 Comp., § 54-1-4; Laws 1982, ch. 73, § 2. ANNOTATIONSCross references. — For injunctions, see Rule 1-065 NMRA.
NM Stat § 25-2-5 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 2 - Adulterated or Misbranded Food|Section 25-2-5 - Penalties; exceptions.

A. Any person who violates any of the provisions of Section 25-2-3 NMSA 1978 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than ninety days or a fine of not more than one hundred dollars ($100) or both such imprisonment and fine; but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one hundred eighty days or a fine of not more than two hundred dollars ($200) or both such imprisonment and fine. B. No person shall be subject to the penalties of Subsection A of this section for having violated Subsection A or C of Section 25-2-3 NMSA 1978 if he establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the state of New Mexico from whom he received in good faith the article to the effect that such article is not adulterated or misbranded within the meaning of the New Mexico Food Act, designating that act. C. No publisher, radio-broadcast licensee or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement unless he has refused, on the request of the director, to furnish to the director the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency residing in the state of New Mexico who causes him to disseminate such advertisement. History: 1941 Comp., § 71-668, enacted by Laws 1951, ch. 169, § 5; 1953 Comp., § 54-1-5; Laws 1982, ch. 73, § 3.
NM Stat § 25-2-7 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 2 - Adulterated or Misbranded Food|Section 25-2-7 - Attorney general or district attorney to institute prosecution; right to hearing before director prior to criminal prosecutions.

It shall be the duty of the attorney general or the various district attorneys of this state to whom the director reports any violation of the New Mexico Food Act to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of the New Mexico Food Act is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director either orally or in writing, in person or by attorney with regard to such contemplated proceeding. History: 1941 Comp., § 71-670, enacted by Laws 1951, ch. 169, § 7; 1953 Comp., § 54-1-7; Laws 1982, ch. 73, § 5. ANNOTATIONSCross references. — For duties generally of attorney general, see 8-5-2 NMSA 1978.
NM Stat § 25-2-8 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 2 - Adulterated or Misbranded Food|Section 25-2-8 - Minor violations of act; warning authorized.

Nothing in the New Mexico Food Act shall be construed as requiring the director to report, for the institution of proceedings under the New Mexico Food Act, minor violations of that act whenever he believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. History: 1941 Comp., § 71-671, enacted by Laws 1951, ch. 169, § 8; 1953 Comp., § 54-1-8; Laws 1982, ch. 73, § 6.
NM Stat § 25-2-9 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 2 - Adulterated or Misbranded Food|Section 25-2-9 - Promulgation of definitions and standards by the board.

A. Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container or any combination of such requirements. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under the authority of the federal act. B. In promulgating regulations pursuant to this section, the board shall follow the procedures set forth in Section 74-1-9 NMSA 1978. History: 1941 Comp., § 71-672, enacted by Laws 1951, ch. 169, § 9; 1953 Comp., § 54-1-9; Laws 1982, ch. 73, § 7. ANNOTATIONSCross references. — For revision of requirements for enriched flour and bread, see 25-5-5 NMSA 1978. For provisions of the Environmental Improvement Act, see Chapter 74, Article 1 NMSA 1978. For meaning of "federal act", see 25-2-2N NMSA 1978.
NM Stat § 25-2-10 (2021)
2021 New Mexico Statutes|Chapter 25 - Food|Article 2 - Adulterated or Misbranded Food|Section 25-2-10 - When food deemed adulterated.

A food shall be deemed to be adulterated: A. (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such good [food] does not ordinarily render it injurious to health; or (2) if it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Section 13 [25-2-13 NMSA 1978]; or (3) if it consists in whole or in part of a diseased, contaminated, filthy, impure or infested ingredient, putrid or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health; or (5) if it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. B. (1) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is. C. if it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per centum (4/10%), harmless natural gum and pectin; provided, that this paragraph shall not apply to any confectionery by reason of its containing less than two and one quarter per centum by weight of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances. D. if it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act. History: 1941 Comp., § 71-673, enacted by Laws 1951, ch. 169, § 10; 1953 Comp., § 54-1-10; Laws 1965, ch. 195, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Food §§ 21 to 24. Coloring matter as forbidden adulteration of food, 56 A.L.R.2d 1129. 36A C.J.S. Food §§ 3 to 6.