reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-1 - Definitions.

As used in the Flour and Bread Act [25-5-1 to 25-5-9 NMSA 1978], unless the context otherwise requires:
A. "flour" means foods commonly known in the milling and baking industries as:
(1) white flour, also known as wheat flour or plain flour;
(2) bromated flour;
(3) self-rising flour, also known as self-rising white flour or self-rising wheat flour; and
(4) phosphated flour, also known as phosphated white flour or phosphated wheat flour, but excludes whole wheat flour and also excludes special flours not used for bread, roll, bun or biscuit baking, such as specialty cake, pancake and pastry flours;
B. "white bread" means any bread made with flour as defined in Subsection A of this section, whether baked in a pan or on a hearth or screen, which is commonly known or usually represented and sold as white bread, including Vienna bread, French bread and Italian bread;
C. "rolls" includes plain white rolls and buns of the semi-bread dough type, namely: soft rolls such as hamburger rolls, hot dog rolls and Parker House rolls and hard rolls such as Vienna rolls and Kaiser rolls, but shall not include yeast-raised sweet rolls or sweet buns made with fillings or coatings such as cinnamon rolls or buns and butterfly rolls;
D. "board" means the environmental improvement board;
E. "director" means the director of the division or his authorized representative;
F. "division" means the environmental improvement division of the health and environment department [department of environment]; and
G. "person" means an individual, corporation, partnership, association, joint stock company, trust or any group of persons whether incorporated or not engaged in the commercial manufacture or sale of flour, white bread or rolls.
History:
1953 Comp., § 54-1-20, enacted by Laws 1955, ch. 244, § 1; 1971, ch. 277, § 36; 1977, ch. 253, § 59; 1982, ch. 73, § 14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-1.1 - Short title.

Sections 25-5-1 through 25-5-9 NMSA 1978 may be cited as the "Flour and Bread Act".
History:
1978 Comp., § 25-5-1.1, enacted by Laws 1982, ch. 73, § 15.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-2 - Manufacture or sale of unenriched flour unlawful.

It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale, for human consumption in this state, flour (as defined in Section 1 [25-5-1 NMSA 1978]) unless the following vitamins and minerals are contained in each pound of such flour: not less than two milligrams and not more than two and one-half milligrams of thiamine; not less than one and two-tenths milligrams and not more than one and one-half milligrams of riboflavin; not less than sixteen milligrams and not more than twenty milligrams of niacin or niacin-amide; not less than thirteen milligrams and not more than sixteen and one-half milligrams of iron (Fe); except in the case of self-rising flour which in addition to the above ingredients shall contain not less than five hundred milligrams and not more than fifteen hundred milligrams of calcium (Ca); provided, however, that the terms of this section shall not apply to flour sold to distributors, bakers or other processors, if the purchaser furnishes to the seller a certificate in such form as the board shall by regulation prescribe, certifying that such flour will be (1) resold to a distributor, baker or other processor, or (2) used in the manufacture, mixing or compounding of flour, white bread or rolls enriched to meet the requirements of this act [25-5-1 to 25-5-9 NMSA 1978] or (3) used in the manufacture of products other than flour, white bread or rolls. It shall be unlawful for any such purchaser so furnishing any such certificate to use or resell the flour so purchased in any manner other than as prescribed in this section.
History:
1953 Comp., § 54-1-21, enacted by Laws 1955, ch. 244, § 2.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-3 - Manufacture or sale of bread and rolls from unenriched flour unlawful.

It shall be unlawful for any person to manufacture, bake, sell or offer for sale, for human consumption in this state, any white bread or rolls (as defined in Section 1 [25-5-1 NMSA 1978]) unless the following vitamins and minerals are contained in each pound of such bread or rolls: not less than one and one-tenth milligrams and not more than one and eight-tenths milligrams of thiamine; not less than seven-tenths milligrams and not more than one and six-tenths milligrams of riboflavin; not less than ten milligrams and not more than fifteen milligrams of niacin; not less than eight milligrams and not more than twelve and one-half milligrams of iron (Fe).
History:
1953 Comp., § 54-1-22, enacted by Laws 1955, ch. 244, § 3.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-4 - Division; duty to enforce.

The division is hereby charged with the duty of enforcing the provisions of the Flour and Bread Act and rules, regulations and orders of the board promulgated pursuant to the Flour and Bread Act.
History:
1953 Comp., § 54-1-23, enacted by Laws 1955, ch. 244, § 4; 1982, ch. 73, § 16.
ANNOTATIONS
Cross references.
— For provisions of the Environmental Improvement Act,
see
Chapter 74, Article 1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Food § 33, 34.
36A C.J.S. Food §§ 6(2), 9(2).
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-5 - Board; revision of requirements.

A. Whenever the vitamin and mineral requirements set forth in Sections 25-5-2 and 25-5-3 NMSA 1978 are no longer in conformity with the legally established standards governing the interstate shipment of enriched flour and enriched white bread or enriched rolls, the board, in order to maintain uniformity between intrastate and interstate vitamin and mineral requirements for the foods within the provisions of the Flour and Bread Act, is authorized and directed to modify or revise such requirements to conform with amended standards governing interstate shipments.
B. In promulgating regulations pursuant to this section, the board shall follow the procedures set forth in Section 74-1-9 NMSA 1978.
History:
1953 Comp., § 54-1-24, enacted by Laws 1955, ch. 244, § 5; 1982, ch. 73, § 17.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-6 - Board; power to adjust in case of shortage.

A. In the event of findings by the board that there is an existing or imminent shortage of any ingredient required by Section 25-5-2 or 25-5-3 NMSA 1978 and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement of the Flour and Bread Act, the board shall issue an order, to be effective immediately upon issuance, permitting the omission of such ingredient from flour or white bread or rolls and, if it finds it necessary or appropriate, excepting such foods from labeling requirements until the further order of the board. Any such findings may be made without hearings on the basis of an order or of factual information supplied by the appropriate federal agency or officer. In the absence of any such order of the appropriate federal agency or factual information supplied by it, the board on its own motion may, and upon receiving the sworn statements of ten or more persons subject to the Flour and Bread Act that they believe such a shortage exists or is imminent shall, within twenty days thereafter hold a public hearing with respect thereto at which any interested person may present evidence and shall make findings based upon the evidence presented. The board shall publish notice of any such hearing at least ten days prior thereto.
B. Whenever the board has reason to believe that such shortage no longer exists, it shall hold a public hearing, after at least ten days' notice shall have been given, at which any interested person may present evidence, and it shall make findings based upon the evidence so presented. If its findings be that such shortage no longer exists, it shall issue an order to become effective not less than thirty days after publication thereof revoking such previous order; provided, however, that undisposed floor stocks of flour on hand at the effective date of such revocation order or flour manufactured prior to such effective date for sale in this state may thereafter be lawfully sold or disposed of.
C. In conducting hearings pursuant to this section, the board shall follow the procedures set forth in Section 74-1-9 NMSA 1978, except for the number of days' notice required for such hearing.
History:
1953 Comp., § 54-1-25, enacted by Laws 1955, ch. 244, § 6; 1982, ch. 73, § 18.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-7 - Publication of regulations.

All orders, rules and regulations adopted by the board pursuant to this act [25-5-1 to 25-5-9 NMSA 1978] shall be published at least twice in at least one daily newspaper of general circulation printed and published in this state, and shall become effective upon such date after publication as the board shall fix.
History:
1953 Comp., § 54-1-26, enacted by Laws 1955, ch. 244, § 7.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-8 - Inspection by director.

For the purpose of the Flour and Bread Act, the director is authorized to take samples for analysis and to conduct examination and investigations and to enter, at reasonable times, any factory, mill, bakery, warehouse, shop or establishment where flour, white bread or rolls are manufactured, processed, packed, sold or held or any vehicle being used for the transportation thereof and to inspect any such place or vehicle and any flour, white bread or rolls therein and all pertinent equipment, materials, containers and labeling.
History:
1953 Comp., § 54-1-27, enacted by Laws 1955, ch. 244, § 8; 1982, ch. 73, § 19.
2023 New Mexico Statutes › Chapter 25 - Food › Article 5 - Flour and Bread › Section 25-5-9 - Penalty.

Any person who violates any of the provisions of this act [25-5-1 to 25-5-9 NMSA 1978] or the orders, rules or regulations promulgated by the board under authority thereof, shall upon conviction thereof be subjected to fine for each and every offense, in a sum not exceeding five hundred dollars ($500.00) or to imprisonment, not to exceed ninety days.
History:
1953 Comp., § 54-1-28, enacted by Laws 1955, ch. 244, § 9.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-1 - Short title.

This act [25-6-1 to 25-6-16 NMSA 1978] may be cited as the "Egg Grading Act."
History:
1953 Comp., § 54-2-10, enacted by Laws 1963, ch. 138, § 1.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-2 - Definitions.

As used in the Egg Grading Act:
A. "egg dealer" includes any person, firm, partnership or corporation that buys eggs directly from the farmers or from any other sources for the purpose of reselling them at wholesale;
B. "cold storage eggs" means eggs which have been in cold storage for thirty days or more and which meet the grades and standards of qualification set by the board of regents of New Mexico state university;
C. "processor" includes any person, firm, partnership or corporation engaged in the process of breaking eggs for drying, freezing or for other purposes;
D. "consumer" means any person, business establishment or institution which changes the condition of the egg in preparation for human consumption;
E. "board" means the board of regents of New Mexico state university, the board controlling the department;
F. "department" means the New Mexico department of agriculture;
G. "candling" means the holding of an egg, large end up, before a light shining through an opaque shield, with an opening of about one-quarter inch in diameter. Candling is best done in a darkened room, but one may obtain candling devices that may be used in average daylight;
H. "ungraded eggs" means eggs that have not been graded according to quality or weight;
I. "addled" or "white rot" means putrid or rotten;
J. "moldy" means that mold or bacteria has developed in isolated areas within the shell;
K. "black rot" means that the egg has deteriorated to an extent that the whole interior represents a blackened appearance;
L. "blood ring" means that germs have developed to an extent that blood is formed;
M. "stuck yolk" means that the yolk has settled to one side and becomes fastened to the shell; and
N. "incubator reject eggs" means any eggs which have been subjected to heat for the purpose of hatching or for any other purposes whatsoever.
History:
1953 Comp., § 54-2-11, enacted by Laws 1963, ch. 138, § 2; 1973, ch. 116, § 1.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-3 - Purpose of the act.

The purpose of the Egg Grading Act is to assure that no person, firm or corporation shall sell or have in his possession with the intent to sell, offer or expose for sale, or traffic in, any egg unfit for human food, unless the same is broken in shell and then denatured so that it cannot be used for human food, if it is or has:
A. addled or white rot;
B. moldy;
C. black rot;
D. blood ring;
E. stuck yolk;
F. sour;
G. green whites;
H. musty; or
I. incubator reject eggs.
History:
1953 Comp., § 54-2-12, enacted by Laws 1963, ch. 138, § 3; 1973, ch. 116, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Food § 38.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-4 - Labeling, marking and advertising eggs.

It is unlawful:
A. to offer eggs for sale in any newspaper advertisement, circular, radio or other form of advertising without plainly designating in the advertisement the classification as to grade and size to which the eggs being offered for sale properly belong, when price is a factor in the advertisement. The terms "fresh eggs," "strictly fresh eggs," "hennery eggs," "new-laid eggs" or descriptions of similar import shall not be used in connection with the sale or offering for sale or advertising for sale of eggs in New Mexico that do not meet the minimum requirements for the New Mexico grade A eggs or better;
B. to sell eggs by the case without an invoice stating both the correct size and correct grade description accompanying each case of eggs delivered to a retailer or consumer. The invoice shall also include the name and address of both buyer and seller, date of sale and shall otherwise conform to the regulations set forth in the Egg Grading Act. The invoice shall be kept by the receiving dealer for a period of thirty days in case the inspector calls for it;
C. to offer for sale eggs in cartons that do not have the name of the packer or distributor stamped or printed on them; or
D. to sell uncartoned eggs at retail.
History:
1953 Comp., § 54-2-13, enacted by Laws 1963, ch. 138, § 4; 1973, ch. 116, § 3.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-5 - Standards for eggs.

The New Mexico consumer grades for eggs shall be as uniform as possible to those standards established by the United States department of agriculture for consumer grades of eggs. The board shall set all standards for shell eggs for New Mexico.
History:
1953 Comp., § 54-2-14, enacted by Laws 1963, ch. 138, § 5.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-6 - Exemptions.

The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded.
History:
1953 Comp., § 54-2-15, enacted by Laws 1963, ch. 138, § 6; 1973, ch. 116, § 4.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-7 - Sale of ungraded eggs.

A. Retailers may sell the eggs specified in Section 25-6-6 NMSA 1978 to consumers only when such eggs on hand, offered or placed on sale are clearly marked "ungraded." Ungraded eggs shall be cartoned when sold at retail.
B. Any person proposing to sell ungraded eggs shall, prior to any such sale, notify the department in writing of his intent to sell ungraded eggs, specifying his location, the number of laying hens owned or in his possession, the place of production and the general area of the state in which the eggs are to be sold.
C. It is unlawful for any person selling any portion of his daily production as graded eggs to sell any portion thereof as ungraded eggs, except that any person may change his sales from graded to ungraded if he notifies the department in writing prior to such change.
D. It is unlawful for any person selling any portion of his daily production as ungraded eggs to sell any portion thereof as graded eggs, except that any person may change his sales from ungraded to graded eggs if he notifies the department in writing within five days from the date of change.
History:
1953 Comp., § 54-2-16, enacted by Laws 1963, ch. 138, § 7; 1973, ch. 116, § 5.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-8 - Enforcement; administration.

The department under the guidance and control of the board shall be responsible for administering and enforcing the provisions of the Egg Grading Act.
History:
1953 Comp., § 54-2-17, enacted by Laws 1973, ch. 116, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 116, § 6, repealed 54-2-17, 1953 Comp., relating to enforcement and administration of the Egg Grading Act, and enacted a new section.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-9 - Egg inspection fee.

The Egg Grading Act shall be financed in part by the collection of a fee on all eggs sold to the retailer or consumer. The board shall have authority to establish the fee at their discretion, but in no case shall the fee exceed one-half cent per dozen. The fee shall be paid by the egg dealer or producer who packages the eggs for sale to the retailer or consumer. All money collected under the provisions of the Egg Grading Act shall be deposited with the New Mexico state university for the purposes of administering the provisions of that act and promoting the poultry industry and its products, and shall be expended upon the order of the board in the same manner as other funds of the New Mexico state university.
History:
1953 Comp., § 54-2-18, enacted by Laws 1963, ch. 138, § 9; 1973, ch. 116, § 7.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-10 - Payment of the inspection fee.

Each egg dealer or producer shall make quarterly reports to the department not later than thirty days after the end of March, June, September and December for the previous quarter showing the number of dozen eggs sold and remitting the fee as established by the board. The department is empowered to audit the required sales record of any person, firm or corporation coming under the provisions of the Egg Grading Act. These records shall be retained for a period of one year. Failure to submit the sales record on request of the department or its authorized agents is a violation of the Egg Grading Act.
Prior to selling eggs in New Mexico the egg producer or egg dealer shall file his intent to sell eggs with the department.
History:
1953 Comp., § 54-2-19, enacted by Laws 1963, ch. 138, § 10; 1973, ch. 116, § 8.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-11 - Powers of the board and department.

A. The board is empowered to adopt standards and to prescribe rules and regulations relating to the sale of eggs as it may deem necessary to carry into effect the lawful intent and meaning of the Egg Grading Act. The definitions and rules and regulations when adopted and published by the board shall have the same force as law. Violations of the rules and regulations are subject to the same penalties as violations of the Egg Grading Act; provided, that the board shall before adopting rules or regulations first give notice of the general subject thereof by publication of a notice setting forth the substance of proposed rules or regulations and the date upon which the board will hold a hearing on the proposed rules or regulations. Notification of all proposed rules and regulations shall be mailed directly to all egg producers and dealers registered with the department. Publication shall be made once in a newspaper of general circulation in this state. Persons affected by any proposed regulation shall have the right to present to the board their objections to any proposed regulation or rule prior to its adoption.
B. The department through its authorized inspectors or agents is authorized:
(1) to enter, on any business day, during the usual hours of business, any store, market or any other business or place where eggs are sold or offered for sale under the provisions of the Egg Grading Act in this state; and
(2) to issue and enforce a stop-sale notice or order to the owner or custodian of any lot of eggs which the board or their inspectors or agents find are in violation of the Egg Grading Act or any regulation issued thereunder, which shall prohibit any sale, barter, exchange or distribution of eggs until the inspectors are satisfied that the law has been complied with and have written a release or notice to the owners or custodian of the eggs.
History:
1953 Comp., § 54-2-20, enacted by Laws 1963, ch. 138, § 11; 1973, ch. 116, § 9.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-12 - Certification of dealers.

A. A small dealer's license is required of any person, firm or corporation who buys, sells or traffics in more than five cases and less than two hundred cases of eggs in any one week.
B. A medium-sized dealer's license is required of any person, firm or corporation who buys, sells or traffics in over two hundred cases and less than four hundred cases of eggs in any one week.
C. A large dealer's license is required of any person, firm or corporation who buys, sells or traffics in over four hundred cases in any one week.
D. The annual fees for each type of dealer are:
(1) small $10.00
(2) medium $25.00
(3) large $50.00.
E. For the purpose of this section a case shall consist of thirty dozen eggs.
F. All licenses shall be conspicuously posted in the place of business to which they apply. The license is subject to revocation by the inspectors for cause. All licenses issued prior to the effective date of the Egg Grading Act shall expire when the act becomes effective and thereafter all licenses are renewable annually on July 1 of each year and shall expire on June 30 of the succeeding year.
History:
1953 Comp., § 54-2-21, enacted by Laws 1963, ch. 138, § 12; 1973, ch. 116, § 10.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-13 - Additional violations.

It is unlawful:
A. for any person, with the exception of New Mexico egg producers, to sell eggs as a dealer unless such a person has obtained from the department a license to be issued at a price, varying according to the type of dealer;
B. for a person to refuse to submit any eggs, containers, lot, load or display of eggs to the inspection of any enforcement officer or to refuse to stop, at the request of any enforcement officer, any vehicle transporting eggs; or
C. for a person having eggs marked in accordance with the delivery invoice to keep the eggs for such time or under such conditions after they are purchased so as to cause them to deteriorate to a lower grade or standard and then offer and expose them for sale under the mark of the original invoice grade or standard.
History:
1953 Comp., § 54-2-22, enacted by Laws 1963, ch. 138, § 13; 1973, ch. 116, § 11.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-14 - Injunction.

In addition to the remedies provided in the Egg Grading Act, the department may apply to a district court for an injunction restraining any person from violating or continuing to violate any of the provisions of the Egg Grading Act or from failing or refusing to comply with any rule or regulation promulgated under that act.
History:
1953 Comp., § 54-2-23, enacted by Laws 1963, ch. 138, § 14; 1973, ch. 116, § 12.
ANNOTATIONS
Cross references.
— For injunctions,
see
Rule 1-066 NMRA.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-15 - Seizure and holding of eggs.

The department may seize or hold as evidence any container of eggs or all or any part of any pack, load, lot consignment or shipment of eggs packed, stored, delivered for shipment, loaded, transported or sold in violation of any provisions of the Egg Grading Act.
History:
1953 Comp., § 54-2-24, enacted by Laws 1963, ch. 138, § 15; 1973, ch. 116, § 13.
2023 New Mexico Statutes › Chapter 25 - Food › Article 6 - Egg Grading › Section 25-6-16 - Penalties.

A. Any person violating any provisions of the Egg Grading Act or any rule or regulation promulgated by the board or their authorized inspectors is guilty of a misdemeanor and upon conviction thereof shall be imprisoned in the county jail for not more than ninety days, or shall be fined not more than one hundred dollars ($100), or both such fine and imprisonment in the discretion of the court.
B. The licenses of third and subsequent violators may be revoked by the board.
C. In addition to all other fees prescribed by the Egg Grading Act, a penalty fee of ten percent shall be added for delinquent filing of any report or the delinquent paying of any inspection fee, and if the report and payment are not made within ten days of notification of delinquency, penalty shall be twenty-five percent of the inspection fee. Persons filing a false report shall be penalized fifty percent of the amount due for inspection fees.
History:
1953 Comp., § 54-2-25, enacted by Laws 1963, ch. 138, § 16.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7 - Dairy Products › Section 25-7-1 - Short title.

This act [25-7-1 to 25-7-8 NMSA 1978] may be cited as the "Dairy Act."
History:
1953 Comp., § 52-1-30, enacted by Laws 1977, ch. 375, § 1.
ANNOTATIONS
Cross references.
— For provisions relating to raw milk,
see
25-8-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Food §§ 47 to 62.
36A C.J.S. Food §§ 6(4), 9(3).
2023 New Mexico Statutes › Chapter 25 - Food › Article 7 - Dairy Products › Section 25-7-2 - Definitions.

As used in the Dairy Act:
A. "board" means the board of regents of New Mexico state university;
B. "department" means the New Mexico department of agriculture;
C. "person" means any individual, firm, partnership, corporation, society, association, trustee or company;
D. "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 principally derived from milk;
E. "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 and five days after calving or such longer period as may be necessary to render the milk practically colostrum free;
F. "handler" or "processor" means a person other than a retailer who receives or buys for resale or processes or manufactures milk or dairy products to be sold to others for consumption or resale, but does not include those persons engaged in the manufacture of soft-serve frozen desserts for sale directly to consumers; and
G. "retailer" means any person who buys milk or dairy products and who resells the same to consumers without further processing or manufacturing thereof.
History:
1953 Comp., § 52-1-31, enacted by Laws 1977, ch. 375, § 2.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7 - Dairy Products › Section 25-7-4 - Standards for testing.

The board shall determine and prescribe the acceptable standards of equipment and methods to be employed in the testing or measuring of milk and dairy products to determine value, quantity or quality.
History:
1953 Comp., § 52-1-33, enacted by Laws 1977, ch. 375, § 4.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7 - Dairy Products › Section 25-7-5 - Standards of milk and other dairy products.

The board shall determine and prescribe the standards of physical and chemical composition or content for milk and dairy products as defined in the Dairy Act. The board may also determine what other food products, principally derived from milk, shall be classified as dairy products and establish standards for those products.
History:
1953 Comp., § 52-1-34, enacted by Laws 1977, ch. 375, § 5.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7 - Dairy Products › Section 25-7-6 - Adulterated or mislabeled products and stop-sale orders.

It is unlawful for any person to sell or offer for sale adulterated or mislabeled milk or dairy products. Milk or dairy products that contain any unwholesome substance or fail to conform in physical or chemical composition to the definitions or standards prescribed by the Dairy Act or by regulation of the board shall be deemed adulterated. Milk or dairy products as defined by the Dairy Act or by regulation of the board that are labeled with an identifying name other than those so defined, or bear a name that has been defined but contains a food product that does not conform in physical or chemical composition with the definition provided by the Dairy Act or regulation of the board, shall be deemed adulterated. Any milk or dairy product which contains a product differing in content from the product described on its label, or bears an identifying name other than those defined by the Dairy Act or by regulation of the board shall be deemed mislabeled. The department may issue and enforce a stop-sale order on any adulterated or mislabeled product.
History:
1953 Comp., § 52-1-35, enacted by Laws 1977, ch. 375, § 6.
ANNOTATIONS
Cross references.
— For provisions relating to adulterated or misbranded food generally,
see
25-2-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7 - Dairy Products › Section 25-7-7 - Regulations.

In order to enforce the Dairy Act, the board may prescribe and, after public hearing following due public notice, adopt regulations to carry out the provisions of the Dairy Act.
History:
1953 Comp., § 52-1-36, enacted by Laws 1977, ch. 375, § 7.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7 - Dairy Products › Section 25-7-8 - Penalty.

Any person who violates any of the provisions of the Dairy Act or regulations promulgated by the board is guilty of a misdemeanor and may be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
History:
1953 Comp., § 52-1-37, enacted by Laws 1977, ch. 375, § 8.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-1 - Short title.

Sections 1 through 19 [25-7A-1 to 25-7A-19 NMSA 1978] of this act may be cited as the "New Mexico Dairy Product Act".
History:
Laws 1993, ch. 188, § 1.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-2 - Definitions.

As used in the New Mexico Dairy Product Act:
A. "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food;
B. "board" means the board of regents of New Mexico state university;
C. "contaminated with filth" applies to any dairy product not securely protected from dust, dirt and, so far as may be necessary by all reasonable means, from all foreign or injurious contaminations, or any dairy product found to contain any dust, dirt, foreign or injurious contamination or infestation; the provisions shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such dairy product and the supplying or applying of any such dairy product in the conduct of any dairy establishment;
D. "dairy establishment" means a milk producing or milk processing facility;
E. "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;
F. "department" means the New Mexico department of agriculture;
G. "director" means the director of agriculture;
H. "federal act" means the Federal Food, Drug and Cosmetic Act;
I. "immediate container" does not include package liners;
J. "label" means a display of written, printed or graphic matter upon the immediate container of any dairy product. A requirement made by or under authority of the New Mexico Dairy Product Act that any word, statement or other information appears on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any, of the retail package of such dairy product or is easily legible through the outside container or wrapper;
K. "labeling" means all labels and other written, printed or graphic matter:
(1) upon a dairy product or any of its containers or wrappers; or
(2) accompanying such dairy product;
L. "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
M. "person" includes individual, partnership, corporation and association.
History:
Laws 1993, ch. 188, § 2.
ANNOTATIONS
Cross references.
— For the federal Food, Drug, and Cosmetic Act,
see
42 U.S.C. § 301 et seq.
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-3 - Prohibited acts.

The following acts and the causing of these acts within the state by any dairy establishment are prohibited:
A. the manufacture, sale or delivery or holding or offering for sale of any dairy product that is adulterated or misbranded;
B. the adulteration or misbranding of any dairy product;
C. the receipt in commerce of any dairy product that is adulterated or misbranded and the delivery or proffered delivery of the adulterated or misbranded dairy product for pay or otherwise;
D. the sale, delivery for sale, holding for sale or offering for sale of any article in violation of Section 12 [25-7A-12 NMSA 1978] of the New Mexico Dairy Product Act;
E. the dissemination of any false advertisement related to a dairy product;
F. the refusal to permit entry or inspection or to permit the taking of a sample as authorized by Section 16 [25-7A-16 NMSA 1978] of the New Mexico Dairy Product Act;
G. the giving of a guarantee or undertaking, which guarantee or undertaking is false, except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the state from whom he received the dairy product in good faith;
H. the removal or disposal of a detained or embargoed dairy product in violation of Section 6 [25-7A-6 NMSA 1978] of the New Mexico Dairy Product Act;
I. the alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a dairy product if such act is done while the dairy product is held for sale and results in the dairy product being misbranded; and
J. forging, counterfeiting, simulating or falsely representing or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by regulations promulgated under the provisions of the New Mexico Dairy Product Act.
History:
Laws 1993, ch. 188, § 3.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-4 - Power to enjoin violations.

In addition to the other remedies provided in the New Mexico Dairy Product Act, the department is 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 3 [25-7A-3 NMSA 1978] of the New Mexico Dairy Product Act, irrespective of whether there exists an adequate remedy at law.
History:
Laws 1993, ch. 188, § 4.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-5 - Penalties; exceptions.

A. The board shall establish a system of administrative penalties for violations of the New Mexico Dairy Product 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 New Mexico Dairy Product 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.
B. No person shall be subject to the penalties of Subsection A of this section for having violated Subsection A or C of Section 3 [25-7A-3 NMSA 1978] of the New Mexico Dairy Product Act if he establishes a guarantee or undertaking, signed by and containing the name and address of the person residing in the state from whom he received in good faith the dairy product, to the effect that such dairy product is not adulterated or misbranded within the meaning of the New Mexico Dairy Product 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 dairy product 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 who causes him to disseminate such advertisement.
History:
Laws 1993, ch. 188, § 5.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-7 - Attorney general or district attorney to institute prosecution; right to hearing before director prior to criminal prosecutions.

It is 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 Dairy Product 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 Dairy Product Act is reported to any such district 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 the contemplated proceeding.
History:
Laws 1993, ch. 188, § 7.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-8 - Minor violations; warning authorized.

Nothing in the New Mexico Dairy Product Act shall be construed as requiring the director to report, for the institution of proceedings under the New Mexico Dairy Product 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:
Laws 1993, ch. 188, § 8.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-9 - Promulgation of definitions and standards by the board.

Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall after public hearing promulgate regulations fixing and establishing for any dairy product or class of dairy products 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 a dairy product or class of dairy products 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 that shall be named on the label. The definitions and standards promulgated shall conform so far as practicable to the definitions and standards promulgated under the authority of the federal act.
History:
Laws 1993, ch. 188, § 9.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-10 - Dairy products; adulterated.

A dairy product shall be deemed to be adulterated if:
A. it bears or contains any poisonous or deleterious substance that may render it injurious to health, but, in case the substance is not an added substance, the dairy product shall not be considered adulterated under this subsection if the quantity of the substance in the dairy product does not ordinarily render it injurious to health;
B. it bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of Section 13 [25-7A-13 NMSA 1978] of the New Mexico Dairy Product Act;
C. it consists in whole or in part of a diseased, contaminated, filthy, impure or infested ingredient, putrid or decomposed substance or is otherwise unfit for food;
D. it has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered diseased, unwholesome or injurious to health;
E. it is the product of a diseased animal or an animal that has died otherwise than by slaughter or that has been fed upon the uncooked offal from a slaughterhouse;
F. its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health;
G. any valuable constituent has been, in whole or in part, omitted or abstracted therefrom;
H. any substance has been substituted wholly or in part therefor;
I. damage or inferiority has been concealed in any manner;
J. any substance has been added 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; or
K. it bears or contains a coal-tar color other than one from a batch that has been certified under authority of the federal act.
History:
Laws 1993, ch. 188, § 10.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.