reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 25 - Food › Article 1 - Food Service Sanitation › Section 25-1-5 - Optional powers.

A. The board may establish a system of grading food service establishments for the purpose of certifying compliance with the Food Service Sanitation Act and regulations requiring food service establishments to display in a designated manner a grade as notice of compliance to the public. Such regulations shall include provisions for the revocation and reinstatement of the permit that are consistent with due process of law.
B. The board shall establish a schedule of fees for the issuance and renewal of permits issued by the division under the Food Service Sanitation Act. The board shall set the schedule of fees so that no fee established by such schedule shall be less than one hundred dollars ($100) or more than two hundred dollars ($200) annually for a food service establishment with not more than a twenty-five-dollar ($25.00) incremental increase per fiscal year. The board shall establish a separate schedule of fees not to exceed twenty-five dollars ($25.00) per single event or celebration per temporary food service establishment. Fees shall be waived for all temporary non-potentially hazardous food service operations, for any temporary food service establishment operating no more than two calendar days in any calendar month and for any food service establishment that provides food to the general public at no charge. Fees collected for the issuance and renewal of permits pursuant to the Food Service Sanitation Act shall be deposited in the environmental health fund.
History:
1953 Comp., § 54-3A-5, enacted by Laws 1977, ch. 309, § 5; 1989, ch. 197, § 3; 1991, ch. 94, § 1; 1993, ch. 100, § 1; 2005, ch. 218, § 1; 2020, ch. 32, § 2.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, provided that fees collected for the issuance and renewal of permits pursuant to the Food Service Sanitation Act shall be deposited in the environmental health fund; and in Subsection B, after "deposited in the", deleted "food service sanitation" and added "environmental health fund".
The 2005 amendment,
effective June 17, 2005, increases limitation on permit fees in Subsection B from not less than $75 or more than $100 annually to not less than $100 or more than $200 annually with not more than a $25 incremental increase per fiscal year.
The 1993 amendment,
effective March 31, 1993, in Subsection B, substituted "establishment" for "facility" in the fourth sentence and substituted the present fifth sentence, for the former fifth sentence, which read "Effective July 1, 1992, all fees collected for the issuance and renewal of permits under the Food Service Sanitation Act shall be deposited in the general fund."
The 1991 amendment,
effective April 2, 1991, made minor stylistic changes in Subsection A, and, in Subsection B, added "and for any food service establishment that provides food to the general public at no charge" at the end of the fourth sentence and made a related stylistic change.
The 1989 amendment,
effective June 16, 1989, designated the formerly undesignated provisions as Subsection A, and added Subsection B.
2023 New Mexico Statutes › Chapter 25 - Food › Article 1 - Food Service Sanitation › Section 25-1-5.1 - Repealed.

History:
Laws 1993, ch. 100, § 5; 2005, ch. 218, § 2; repealed by Laws 2020, ch. 32, § 8.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 32, § 8 repealed 25-1-5.1 NMSA 1978, as enacted by Laws 1993, ch. 100, § 5, relating to food service sanitation fund, effective May 20, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 1 - Food Service Sanitation › Section 25-1-6 - Agency; powers and duties.

A. The agency is authorized and has the duty to execute any provisions of the Food Service Sanitation Act delegated to it under that act or by the board under authority of that act and specifically is directed to administer and enforce the provisions of regulations adopted under it.
B. The director of the agency may appoint an advisory council composed of food service technicians to assist in carrying out the objectives of the Food Service Sanitation Act.
History:
1953 Comp., § 54-3A-6, enacted by Laws 1977, ch. 309, § 6.
2023 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.
ANNOTATIONS
Operator 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).
2023 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.
2023 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.
ANNOTATIONS
Operator 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 1 - Food Service Sanitation › Section 25-1-14 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 151, § 3 made Laws 2011, ch. 151, § 1 effective July 1, 2011.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 6 effective July 1, 2021.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross references.
— For injunctions,
see
Rule 1-065 NMRA.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For duties generally of attorney general,
see
8-5-2 NMSA 1978.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-12 - Manufacturing, packing and processing permits for certain classes of food; suspension; inspections.

A. Whenever the board finds after investigation that the distribution in New Mexico of any class of food may, by reason of contamination with microorganisms during manufacture, processing or packing thereof in any locality, be injurious to health and that such injurious nature cannot be adequately determined after such articles have 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 food in such locality of permits to which shall be attached such conditions governing the manufacture, processing or packing of such class of food for such temporary period of time as may be necessary to protect the public health, and after the effective date of such regulations and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed or packed by any such manufacturer, processor or packer unless such manufacturer, processor or packer holds a permit issued by the director as provided by such regulations. In promulgating regulations pursuant to this section, the board shall follow the procedures set forth in Section 74-1-9 NMSA 1978.
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 such permit, and the director shall, immediately after prompt hearing and an inspection of the establishment, reinstate such 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 such inspection shall be ground for suspension of the permit until such access is freely given by the operator.
History:
1941 Comp., § 71-675, enacted by Laws 1951, ch. 169, § 12; 1953 Comp., § 54-1-12; Laws 1982, ch. 73, § 8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Food §§ 11 to 13.
36A C.J.S. Food §§ 11 to 20.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-13 - Promulgating regulations governing the addition of any poisonous or deleterious substances in food.

A. Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of Paragraph (2) of Subsection A of Section 25-2-10 NMSA 1978; but when such substance is so required or cannot be so 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 purpose of the application of Paragraph (2) of Subsection A of Section 25-2-10 NMSA 1978. While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of Paragraph (1) of Subsection A of Section 25-2-10 NMSA 1978. In determining the quantity of such added substance to be tolerated in or on different articles of food, the board shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
B. In promulgating regulations pursuant to this section, the board shall follow the procedure set forth in Section 74-1-9 NMSA 1978.
History:
1941 Comp., § 71-676, enacted by Laws 1951, ch. 169, § 13; 1953 Comp., § 54-1-13; Laws 1982, ch. 73, § 9.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-14 - [When advertising deemed false.]

An advertisement of a food shall be deemed to be false if it is false or misleading in any particular.
History:
1941 Comp., § 71-677, enacted by Laws 1951, ch. 169, § 14; 1953 Comp., § 54-1-14.
ANNOTATIONS
Bracketed 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. —
Validity, construction, and effect of laws or regulations requiring merchants to affix sale price to each item of consumer goods, 7 A.L.R.4th 792.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-15 - Promulgating regulations; procedure.

A. The authority to promulgate regulations for the efficient enforcement of the New Mexico Food Act is hereby vested in the board. The board is hereby authorized to make the regulations promulgated under 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., § 71-678, enacted by Laws 1951, ch. 169, § 15; 1953 Comp., § 54-1-15; Laws 1982, ch. 73, § 10.
ANNOTATIONS
Cross references.
— For meaning of "federal act",
see
25-2-2N NMSA 1978.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-16 - Power to make inspections and secure samples.

The director shall have free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, processed, packed or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods in commerce for the purpose:
A. of inspecting such factory, warehouse, establishment or vehicle to determine if any of the provisions of the New Mexico Food Act are being violated; and
B. to secure samples or specimens of any food after paying or offering to pay for such sample. It shall be the duty of the director to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of the New Mexico Food Act is being violated.
History:
1941 Comp., § 71-679, enacted by Laws 1951, ch. 169, § 16; 1953 Comp., § 54-1-16; Laws 1982, ch. 73, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Food § 13.
36A C.J.S. Food § 12(7).
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-17 - 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 which have been rendered under the New Mexico Food Act, including the nature of the charge and the disposition thereof.
B. The director may also cause to be disseminated such information regarding food 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:
1941 Comp., § 71-680, enacted by Laws 1951, ch. 169, § 17; 1953 Comp., § 54-1-17; Laws 1982, ch. 73, § 12.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-18 - Personnel.

The division shall employ such personnel for the administration and enforcement of the provisions of the New Mexico Food Act, in the same manner that other public health personnel are now employed, as may be necessary and required.
History:
1941 Comp., § 71-681, enacted by Laws 1951, ch. 169, § 19; 1953 Comp., § 54-1-18; Laws 1982, ch. 73, § 13.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-19 - [New Mexico public health laboratory to serve as testing laboratory.]

The New Mexico public health laboratory shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of this act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978].
History:
1941 Comp., § 71-682, enacted by Laws 1951, ch. 169, § 20; 1953 Comp., § 54-1-19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-20 - Dairy establishments exempt.

The purposes and provisions of the New Mexico Food Act shall not apply to dairy establishments.
History:
Laws 1993, ch. 188, § 32.
ANNOTATIONS
Effective dates.
— Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1993, 90 days after adjournment of the legislature.
Compiler's notes.
— Laws 1993, ch. 188, § 32, was enacted as a new section of the New Mexico Food Act and was compiled as 25-2-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-21 - Homemade food items; exemption.

Other than actions pursuant to Section 25-2-6 NMSA 1978, the provisions of the New Mexico Food 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, § 7.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 7 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-1 - Repealed.

History:
1953 Comp., § 54-8-1, enacted by Laws 1965, ch. 10, § 1; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-1 NMSA 1978, as enacted by Laws 1965, ch. 10, § 1, relating to the short title for the Imported Meat Act, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-2 - Repealed.

History:
1953 Comp., § 54-8-2, enacted by Laws 1965, ch. 10, § 2; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-2 NMSA 1978, as enacted by Laws 1965, ch. 10, § 2, relating to definitions, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-3 - Repealed.

History:
1953 Comp., § 54-8-3, enacted by Laws 1965, ch. 10, § 3; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-3 NMSA 1978, as enacted by Laws 1965, ch. 10, § 3, relating to prohibited sales, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-4 - Repealed.

History:
1953 Comp., § 54-8-4, enacted by Laws 1965, ch. 10, § 4; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-4 NMSA 1978, as enacted by Laws 1965, ch. 10, § 4, relating to enforcement, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-5 - Repealed.

History:
1953 Comp., § 54-8-5, enacted by Laws 1965, ch. 10, § 5; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-5 NMSA 1978, as enacted by Laws 1965, ch. 10, § 5, relating to penalties, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-6 - Repealed.

History:
1953 Comp., § 54-8-6, enacted by Laws 1969, ch. 89, § 1; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-6 NMSA 1978, as enacted by Laws 1969, ch. 89, § 1, relating to the short title of the Meat Inspection Act, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-7 - Repealed.

History:
1953 Comp., § 54-8-7, enacted by Laws 1969, ch. 89, § 2; 1977, ch. 253, § 62; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-7 NMSA 1978, as enacted by Laws 1969, ch. 89, § 2, relating to definitions, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-8 - Repealed.

History:
1953 Comp., § 54-8-8, enacted by Laws 1969, ch. 89, § 3; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-8 NMSA 1978, as enacted by Laws 1969, ch. 89, § 3, relating to office created, deputies, qualifications and compensation, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-9 - Repealed.

History:
1953 Comp., § 54-8-9, enacted by Laws 1969, ch. 89, § 4; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-9 NMSA 1978, as enacted by Laws 1969, ch. 89, § 4, relating to immediate inspection stamps and establishment numbers, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-10 - Repealed.

History:
1953 Comp., § 54-8-10, enacted by Laws 1969, ch. 89, § 5; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-10 NMSA 1978, as enacted by Laws 1969, ch. 89, § 5, relating to assignment of inspectors, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-11 - Repealed.

History:
1953 Comp., § 54-8-11, enacted by Laws 1969, ch. 89, § 6; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-11 NMSA 1978, as enacted by Laws 1969, ch. 89, § 6, relating to ante-mortem and post-mortem inspection required, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-12 - Repealed.

History:
1953 Comp., § 54-8-12, enacted by Laws 1969, ch. 89, § 7; 1998, ch. 55, § 34; 1999, ch. 265, § 36; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-12 NMSA 1978, as enacted by Laws 1969, ch. 89, § 7, relating to condemnation and appeal, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-13 - Repealed.

History:
1953 Comp., § 54-8-13, enacted by Laws 1969, ch. 89, § 8; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-13 NMSA 1978, as enacted by Laws 1969, ch. 89, § 8, relating to rules and regulations, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-14 - Repealed.

History:
1953 Comp., § 54-8-14, enacted by Laws 1969, ch. 89, § 9; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-14 NMSA 1978, as enacted by Laws 1969, ch. 89, § 9, relating to application for state meat inspection, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-15 - Repealed.

History:
1953 Comp., § 54-8-15, enacted by Laws 1969, ch. 89, § 10; 1995, ch. 120, § 1; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-15 NMSA 1978, as enacted by Laws 1969, ch. 89, § 10, relating to prohibited acts and penalties, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-16 - Repealed.

History:
1953 Comp., § 54-8-16, enacted by Laws 1969, ch. 89, § 11; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-16 NMSA 1978, as enacted by Laws 1969, ch. 89, § 11, relating to exemptions, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-17 - Repealed.

History:
1953 Comp., § 54-8-17, enacted by Laws 1969, ch. 89, § 12; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-17 NMSA 1978, as enacted by Laws 1969, ch. 89, § 12, relating to interference with board officials and personnel, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-18 - Repealed.

History:
1953 Comp., § 54-8-18, enacted by Laws 1969, ch. 89, § 13; 1977, ch. 253, § 63; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-18 NMSA 1978, as enacted by Laws 1969, ch. 89, § 13, relating to cooperation with the department of health and other public health authorities, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-19 - Repealed.

History:
1953 Comp., § 54-8-19, enacted by Laws 1969, ch. 89, § 14; 1998, ch. 55, § 35; 1999, ch. 265, § 37; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-19 NMSA 1978, as enacted by Laws 1969, ch. 89, § 14, relating to suspension or revocation of inspection service or establishment number, hearings and appeals, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-20 - Repealed.

History:
1953 Comp., § 54-8-20, enacted by Laws 1969, ch. 89, § 15; 1970, ch. 62, § 1; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-20 NMSA 1978, as enacted by Laws 1969, ch. 89, § 15, relating to power to enjoin violations of the Meat Inspection Act, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 3 - Meat and Meat Products (Repealed.) › Section 25-3-21 - Repealed.

History:
1953 Comp., § 54-8-21, enacted by Laws 1969, ch. 89, § 16; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-3-21 NMSA 1978, as enacted by Laws 1969, ch. 89, § 16, relating to application of federal laws, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 4 - Peddlers and Itinerant Vendors (Repealed.) › Section 25-4-1 - Repealed.

History:
Laws 1901, ch. 45, § 1; Code 1915, § 558; C.S. 1929, § 19-114; Laws 1933, ch. 53, § 20; 1941, ch. 39, § 1; 1941 Comp., § 62-223; 1953 Comp., § 60-2-23; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-4-1 NMSA 1978, as enacted by Laws 1901, ch. 45, § 1, relating to peddling fresh meats, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 25 - Food › Article 4 - Peddlers and Itinerant Vendors (Repealed.) › Section 25-4-2 - Repealed.

History:
Laws 1901, ch. 45, § 2; Code 1915, § 559; C.S. 1929, § 19-115; 1941 Comp., § 62-224; 1953 Comp., § 60-2-24; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 25-4-2 NMSA 1978, as enacted by Laws 1901, ch. 45, § 2, relating to peddling beef without a license, penalties, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.