reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 25 - Food › Article 7A - Dairy Products › Section 25-7A-13 - Promulgating regulations governing the addition of any poisonous or deleterious substances in dairy products.

Any poisonous or deleterious substance added to any dairy product, except where the substance is required in production or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of Subsection B of Section 10 [25-7A-10 NMSA 1978] of the New Mexico Dairy Product Act; but when the substance is required or cannot be avoided, the board shall promulgate regulations limiting the quantity therein or thereon to such extent as the board finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of Subsection B of Section 10 of the New Mexico Dairy Product Act. While such a regulation is in effect limiting the quantity of any such substance in the case of any dairy product, the dairy product shall not, by reason of bearing or containing any added amount of the substance, be considered to be adulterated within the meaning of Subsection A of Section 10 of the New Mexico Dairy Product Act. In determining the quantity of the added substance to be tolerated in or on different dairy products, the board shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each diary product and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
History:
Laws 1993, ch. 188, § 13.
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-14 - False advertising.

A. An advertisement of a dairy product is deemed to be false if it is false or misleading in any particular manner.
B. If a dairy product is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences that may result from the use of the dairy product to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
History:
Laws 1993, ch. 188, § 14.
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-15 - Promulgating regulations; procedure.

The authority to promulgate regulations after public hearing for the efficient enforcement of the New Mexico Dairy Product Act is vested in the board. The board is authorized to make the regulations promulgated under the federal act.
History:
Laws 1993, ch. 188, § 15.
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-16 - Power to make inspections and secure samples within dairy establishments.

The director shall have free access at all reasonable hours to any dairy establishment in which dairy products are manufactured, processed, packed or held for introduction into commerce or to enter any vehicle being used to transport or hold such dairy products in commerce for the purpose:
A. of inspecting the dairy establishment or vehicle to determine if any provision of the New Mexico Dairy Product Act is being violated; and
B. to secure samples or specimens of any dairy product after paying or offering to pay for the sample. The director may make or cause to be made examinations of samples secured under the provisions of this section to determine whether any provision of the New Mexico Dairy Product Act is being violated.
History:
Laws 1993, ch. 188, § 16.
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-17 - Power of director to publish reports and disseminate information.

A. The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders that have been rendered under the New Mexico Dairy Product Act, including the nature of the charge and the disposition of the charge.
B. The director may also cause to be disseminated such information regarding dairy products as he deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director from collecting, reporting and illustrating the results of his investigations.
History:
Laws 1993, ch. 188, § 17.
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-18 - Cooperation.

The department may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state.
History:
Laws 1993, ch. 188, § 18.
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-19 - Scientific laboratory to serve as testing laboratory.

The scientific laboratory division of the department of health shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of the New Mexico Dairy Product Act.
History:
Laws 1993, ch. 188, § 19.
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 7B - Dairy Establishment Sanitation › Section 25-7B-1 - Short title.

Sections 20 through 30 [25-7B-1 to 25-7B-11 NMSA 1978] of this act may be cited as the "Dairy Establishment Sanitation Act".
History:
Laws 1993, ch. 188, § 20.
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 7B - Dairy Establishment Sanitation › Section 25-7B-2 - Purpose.

The purpose of the Dairy Establishment Sanitation Act is to protect the public health by establishing standards and provisions for the regulation of dairy establishments and by appropriate delegations of authority to the department to adopt and enforce regulations covering the environmental health aspects of dairy establishments to assure that consumers are not exposed to adverse environmental health conditions arising out of the operations of dairy establishments.
History:
Laws 1993, ch. 188, § 21.
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 7B - Dairy Establishment Sanitation › Section 25-7B-3 - Definitions.

As used in the Dairy Establishment Sanitation Act:
A. "board" means the board of regents of New Mexico state university;
B. "dairy establishment" means a milk producing or milk processing facility;
C. "dairy product" means milk, whether fluid, dried, evaporated, stabilized, condensed or otherwise processed, cream, milk products, ice cream, frozen custard, French custard, ice milk, frozen dessert or any other food product derived principally from milk;
D. "department" means the New Mexico department of agriculture;
E. "director" means the director of agriculture;
F. "milk" means the whole, clean, lacteal secretion obtained by the complete milking of one or more healthy cows or goats, properly fed and kept, delivered from the dairy farm to any receiving or distributing establishment or factory within a reasonable time, excluding that obtained within fifteen days before or five days after calving or such longer period as may be necessary to render milk practically colostrum-free; and
G. "person" includes an individual, partnership, corporation and association.
History:
Laws 1993, ch. 188, § 22.
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 7B - Dairy Establishment Sanitation › Section 25-7B-4 - Board; regulations; department; powers and duties.

The board shall promulgate procedural and substantive regulations to provide:
A. for the preparation of dairy products at dairy establishments in a manner safe for human consumption, free from adulteration, spoilage, contamination and unwholesomeness. The regulations shall provide for:
(1) disease control;
(2) employee hygiene and sanitation at dairy establishments;
(3) dairy establishment premises sanitation;
(4) all aspects of dairy establishment construction relating to sanitation;
(5) control of pests and infestation by pests at dairy establishments;
(6) lavatory and toilet facility placement and sanitation at dairy establishments;
(7) lavatory hygiene at dairy establishments;
(8) dairy equipment and utensil design and construction at dairy establishments;
(9) dairy equipment and utensil storage and handling at dairy establishments;
(10) dairy establishment ventilation; and
(11) any other facet of dairy establishment operations that reasonably may be considered to pose an existing or potential hazard to the health of the consuming public;
B. the issuance, suspension and revocation of permits required under the Dairy Establishment Sanitation Act, which regulations shall provide for prior notice to and a hearing for any applicant for or holder of a permit when the department-proposed action is to deny an application for or suspend or revoke a permit, except in those specified instances under the provisions of the Dairy Establishment Sanitation Act when the department is authorized to take any of the foregoing actions without prior notice and hearing;
C. establishing requirements for inspections of dairy establishments, which shall include provisions for inspections at a frequency of at least once every twelve months; and
D. for permitting fees for permits issued pursuant to the Dairy Establishment Sanitation Act.
History:
Laws 1993, ch. 188, § 23.
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 7B - Dairy Establishment Sanitation › Section 25-7B-5 - Department; powers and duties.

A. The department is authorized and has the duty to execute any provisions of the Dairy Establishment Sanitation Act delegated to it under that act and specifically is directed to administer and enforce the provisions of regulations adopted pursuant to that act.
B. The director may appoint an advisory council composed of dairy experts to assist in carrying out the objectives of the Dairy Establishment Sanitation Act.
History:
Laws 1993, ch. 188, § 24.
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 7B - Dairy Establishment Sanitation › Section 25-7B-6 - Permits; permit required; application; revocation; suspension.

A. No person may operate a dairy establishment unless he possesses a valid and unsuspended permit issued by the department in accordance with the Dairy Establishment Sanitation Act and the regulations adopted pursuant to that act. The permit shall be posted in a conspicuous place within the dairy establishment. No person may display a permit unless it has been issued to him by the department and has not been revoked and is not under suspension.
B. Any person desiring to operate a dairy establishment shall apply to the department for the issuance of a permit. Applications shall be made in a form and in accordance with procedures established by regulations of the department. The department shall issue a permit to any applicant that complies with the regulations of the department covering the issuance of permits and who demonstrates to the satisfaction of the department his ability to comply with all the provisions of the Dairy Establishment Sanitation Act and all regulations of the department.
C. The department shall promulgate regulations for the revocation or suspension of permits for those dairy establishments that fail to come into compliance with a provision of the Dairy Establishment Sanitation Act or regulation promulgated pursuant to that act. The hearing officer shall not be any person previously involved in the suspension or revocation action. No inspection made more than twenty-four months prior to the most recent such inspection shall be used as a basis for suspension or revocation.
History:
Laws 1993, ch. 188, § 25.
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 7B - Dairy Establishment Sanitation › Section 25-7B-7 - Inspection by department.

A. The department shall inspect dairy establishments to determine compliance or lack of compliance with the Dairy Establishment Sanitation Act and regulations of the department. The procedures for inspection shall be in accordance with regulations of the department. Upon request by the department to a dairy establishment operator or to his employee or agent, he shall permit the department official, upon proper identification, to enter the premises, inspect all parts of the premises and inspect and copy any records of purchases by the dairy establishment. The operator or his employee or agent shall be given an opportunity to accompany the department official on his inspection and, as soon as possible after the inspection, a report of the inspection shall be furnished to him. Refusal to allow an inspection of a dairy establishment is grounds for revocation of the permit of the operator, provided that the department official has tendered proper identification prior to the refusal.
B. During an inspection, the department may take samples of dairy products and other substances found on the premises of a dairy establishment for the purpose of determining compliance with provisions of the Dairy Establishment Sanitation Act and regulations of the department.
History:
Laws 1993, ch. 188, § 26.
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 7B - Dairy Establishment Sanitation › Section 25-7B-8 - Immediate suspension of permit by department.

The department may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a dairy establishment present a substantial danger of illness, serious physical harm or death to consumers who might use the products of the dairy establishment. A suspension action taken under this section is effective when communicated to the dairy establishment operator or any employee or agent of the operator who is in charge of the premises involved. If there is no designated employee or agent in charge of the premises, communication to any employee physically present on the premises is sufficient communication to make the suspension effective.
History:
Laws 1993, ch. 188, § 27.
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 7B - Dairy Establishment Sanitation › Section 25-7B-9 - Judicial review of department actions.

Any person to whom the department denies a permit or whose permit is suspended or revoked by the department may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1993, ch. 188, § 28; 1998, ch. 55, § 36; 1999, ch. 265, § 38.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 25 - Food › Article 7B - Dairy Establishment Sanitation › Section 25-7B-10 - Enforcement; administrative penalties.

A. The department may seek relief in district court to enjoin the operation of any dairy establishment not complying with the Dairy Establishment Sanitation Act or any regulation adopted under that act.
B. The board shall establish a system of administrative penalties for violations of the Dairy Establishment Sanitation Act. The administrative penalties may be assessed by the director in lieu of or in addition to other penalties provided by statute. In establishing the system of administrative penalties, the board, after public notice and public hearing, shall adopt regulations that meet the following minimum requirements:
(1) the maximum amount of any administrative penalty shall not exceed one thousand dollars ($1,000) for any one violation of the Dairy Establishment Sanitation Act by any person; and
(2) violations for which administrative penalties may be assessed shall be clearly defined, along with a scale of administrative penalties relating the amount of the administrative penalty to the severity and frequency of the violation.
History:
Laws 1993, ch. 188, § 29.
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 7B - Dairy Establishment Sanitation › Section 25-7B-11 - Disease control.

The department shall promulgate regulations to ensure that a person with a disease that can reasonably be expected to be transmitted to other persons shall not work in a dairy establishment.
History:
Laws 1993, ch. 188, § 30.
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 8 - Raw Milk › Section 25-8-1 - Raw milk sold at retail; standards.

Raw milk sold by a retailer must meet all standards established by the board of regents of New Mexico state university and the environmental improvement agency for the retail sale of grade A raw milk and in addition shall:
A. contain no more than twenty thousand bacteria per milliliter;
B. contain no more than fifty coliform bacteria per milliliter; and
C. within two hours after completion of milking, be cooled to a temperature of forty-five degrees fahrenheit or less and maintained at that temperature until sold to the consumer.
History:
1953 Comp., § 52-2-18, enacted by Laws 1977, ch. 270, § 1.
ANNOTATIONS
Cross references.
— For provisions relating to dairy products,
see
25-7-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Food §§ 47 to 53.
36A C.J.S. Food §§ 12(8), 13, 14(1), 14(2), 15.
2023 New Mexico Statutes › Chapter 25 - Food › Article 8 - Raw Milk › Section 25-8-2 - Enforcement.

If, as a result of investigation, the environmental improvement agency finds that any person is violating any provision of Section 1 [25-8-1 NMSA 1978] of this act [25-8-1 to 25-8-3 NMSA 1978], or any regulation issued thereunder, the agency may bring an action for injunctive or other appropriate relief in the district court for the county in which the violation is occurring, or in the district court for Santa Fe county.
History:
1953 Comp., § 52-2-19, enacted by Laws 1977, ch. 270, § 2.
2023 New Mexico Statutes › Chapter 25 - Food › Article 8 - Raw Milk › Section 25-8-3 - Penalty; civil.

Any person who violates any provision of Section 1 [25-8-1 NMSA 1978] of this act [25-8-1 to 25-8-3 NMSA 1978] or any regulation issued thereunder is liable to a civil penalty not to exceed one hundred dollars ($100) for each violation.
History:
1953 Comp., § 52-2-20, enacted by Laws 1977, ch. 270, § 3.
2023 New Mexico Statutes › Chapter 25 - Food › Article 9 - Imitation Honey (Repealed.) › Section 25-9-1 - Repealed.

History:
1953 Comp., § 49-16-1, enacted by Laws 1977, ch. 243, § 1; repealed by Laws 2005, ch. 145, § 1.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 145 repealed 25-9-1 NMSA 1978, as enacted by Laws 1977, ch. 243, § 1, relating to the short title of the Imitation Honey Act, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 25 - Food › Article 9 - Imitation Honey (Repealed.) › Section 25-9-2 - Repealed.

History:
1953 Comp., § 49-16-2, enacted by Laws 1977, ch. 243, § 2; repealed by Laws 2005, ch. 145, § 2.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 145 repealed 25-9-2 NMSA 1978, as enacted by Laws 1977, ch. 243, § 2, relating to definitions, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 25 - Food › Article 9 - Imitation Honey (Repealed.) › Section 25-9-3 - Repealed.

History:
1953 Comp., § 49-16-3, enacted by Laws 1977, ch. 243, § 3; repealed by Laws 2005, ch. 145, § 3.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 145 repealed 25-9-3 NMSA 1978, as enacted by Laws 1977, ch. 243, § 3, relating to unlawful labeling, advertising or selling of products as honey, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 25 - Food › Article 9 - Imitation Honey (Repealed.) › Section 25-9-4 - Repealed.

History:
1953 Comp., § 49-16-4, enacted by Laws 1977, ch. 243, § 4; repealed by Laws 2005, ch. 145, § 4.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 145 repealed 25-9-4 NMSA 1978, as enacted by Laws 1977, ch. 243, § 4, relating to enforcement, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 25 - Food › Article 9 - Imitation Honey (Repealed.) › Section 25-9-5 - Repealed.

History:
1953 Comp., § 49-16-5, enacted by Laws 1977, ch. 243, § 5; repealed by Laws 2005, ch. 145, § 5.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 145 repealed 25-9-5 NMSA 1978, as enacted by Laws 1977, ch. 243, § 5, relating to penalties, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 25 - Food › Article 10 - Pinon Nuts › Section 25-10-2 - Unlawful labeling, advertising or selling of products as pinon nuts.

A. It is unlawful for any person to package any product and label the product as pinon nuts or as containing pinon nuts or to use the words pinon nuts in any prominent location on the label of such product or to advertise, sell or offer for sale any product which is labeled pinon nuts or as containing pinon nuts unless the product consists of pinon nuts or uses pinon nuts as an ingredient in the product.
B. As used in this section, "pinon nuts" means the edible nut which is the product of the pinon tree, scientifically known as genus "pinus", subgenus "strobus", section "parrya", subsection "cembroides".
History:
Laws 1987, ch. 43, § 2; 1993, ch. 299, § 1.
ANNOTATIONS
The 1993 amendment,
effective April 7, 1993, substituted the language beginning "genus 'pinus'" for "the pinus edulis and pinus monophylla" at the end of Subsection B and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 25 - Food › Article 10 - Pinon Nuts › Section 25-10-3 - Enforcement.

A. The board of regents of New Mexico state university shall enforce and administer the Pinon Nut Act through the New Mexico department of agriculture. The board shall have the authority to promulgate regulations necessary for the enforcement of the Pinon Nut Act.
B. The department through its authorized inspectors or agents is authorized to:
(1) audit the purchase and sales records of any person, firm or corporation dealing with pinon nut sales; and
(2) enter, on any business day during the usual hours of business, any store, market or any other business or place where pinon nuts are sold or offered for sale under the provisions of the Pinon Nut Act in this state.
History:
Laws 1987, ch. 43, § 3; 1993, ch. 299, § 2.
ANNOTATIONS
The 1993 amendment,
effective April 7, 1993, designated the formerly undesignated provision as Subsection A and added Subsection B.
2023 New Mexico Statutes › Chapter 25 - Food › Article 10 - Pinon Nuts › Section 25-10-4 - Genetic research program initiated.

New Mexico state university shall:
A. devote an appropriate portion of its funding for the purpose of initiating a program of genetic research and procedures for developing a seed source for faster growing pinon trees suitable to New Mexico's climate;
B. study methods to prevent and control diseases that threaten the pinon trees in this state;
C. conduct and publish a nutritional analysis of pinon nuts;
D. research and recommend storage methods for both shelled and unshelled nuts for periods of up to three years;
E. recommend packaging methods for shelled nuts to preserve freshness;
F. conduct a marketing study to define the potential of exploiting the state's present wild-growing pinon nut crop resource both for in-state consumption and for out-of-state export;
G. conduct research in the development of mechanical means for harvesting pinon nuts from wild trees that will not cause damage to the trees or their surroundings and mechanical means for shelling the pinon nuts; and
H. report annually to the legislature regarding the amount of funding it is devoting and expending for the research, development and marketing programs called for in this section, the funding being devoted to and expended for other agricultural, range, forestry and land stewardship programs and the progress being made towards fulfilling the research, development and marketing programs called for in this section.
History:
Laws 1987, ch. 43, § 4; 1993, ch. 299, § 3.
ANNOTATIONS
The 1993 amendment,
effective April 7, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 25 - Food › Article 10 - Pinon Nuts › Section 25-10-5 - Penalty.

Any person who violates the provisions of the Pinon Nut Act or any regulation promulgated pursuant to that act is guilty of a misdemeanor and each violation shall constitute a separate offense.
History:
Laws 1987, ch. 43, § 5.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 25 - Food › Article 11 - New Mexico Chile Advertising › Section 25-11-1 - Short title.

Chapter 25, Article 11 NMSA 1978 may be cited as the "New Mexico Chile Advertising Act".
History:
Laws 2011, ch. 57, § 1; 2013, ch. 85, § 1; 2013, ch. 211, § 1.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, added the NMSA chapter and article for the New Mexico Chile Advertising Act; and at the beginning of the sentence, deleted "This act" and added "Chapter 25, Article 11 NMSA 1978".
Laws 2013, ch. 85, § 1 and Laws 2013, ch. 211, § 1, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 211, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 25 - Food › Article 11 - New Mexico Chile Advertising › Section 25-11-2 - Definitions.

As used in the New Mexico Chile Advertising Act:
A. "board" means the board of regents of New Mexico state university; and
B. "chile pepper" means the fruit from Capsicum annuum.
History:
Laws 2011, ch. 57, § 2.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 25 - Food › Article 11 - New Mexico Chile Advertising › Section 25-11-3 - Unlawful advertising, labeling or selling of non-New Mexico chile.

A. It is unlawful for a person to:
(1) knowingly advertise, describe, label or offer for sale chile peppers as New Mexico chile, or to advertise, describe, label or offer for sale a product as containing New Mexico chile, unless the chile peppers or chile peppers in the product were grown in New Mexico; or
(2) knowingly advertise, describe, label or offer for sale chile peppers, or a product containing chile peppers, using the name of any city, town, county, village, pueblo, mountain, river or other geographic feature or features located in New Mexico in a misleading or deceptive manner that states or reasonably implies that the chile peppers are, or the product contains, New Mexico chile, unless the chile peppers or chile peppers in the product were grown in New Mexico.
B. The prohibitions in this section do not apply to a person whose business name, brand name or trademark was used in advertising, product descriptions, labels or offers for sale and was established prior to the effective date of the New Mexico Chile Advertising Act; provided that, on and after July 1, 2013, the person, in all advertising, descriptions and labels containing that business name, brand name or trademark, shall include in a prominent location and in a prominent typeface a disclaimer stating "NOT GROWN IN NEW MEXICO" if the product contains chile peppers that were not grown in New Mexico.
C. The prohibitions in this section do not apply to a restaurant that describes a menu item using a geographic name provided for in Paragraph (2) of Subsection A of this section; provided that the origin of any chile in the menu item is not misrepresented.
History:
Laws 2011, ch. 57, § 3; 2013, ch. 85, § 2; 2013, ch. 211, § 2.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, expanded violations of the act; provided exceptions to the application of the act; and added Paragraph (2) of Subsection A and Subsections B and C.
Laws 2013, ch. 85, § 2 and Laws 2013, ch. 211, § 2, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 211, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 25 - Food › Article 11 - New Mexico Chile Advertising › Section 25-11-4 - Administration; audit; inspection.

A. The board may:
(1) enforce and administer the New Mexico Chile Advertising Act through the New Mexico department of agriculture; and
(2) promulgate rules, in consultation with the New Mexico chile industry, necessary for the administration of the New Mexico Chile Advertising Act.
B. Sales of twenty thousand pounds or less of chile peppers per calendar year by the person that grew the chile peppers are exempt from any recordkeeping requirement that the board may establish by rule. For the purposes of this subsection, "farmers' market" means a physical retail market open to the public at which farmers sell produce.
C. The New Mexico department of agriculture through its authorized inspectors or agents is authorized to:
(1) audit the purchase and sales records of a person dealing with the sale of chile peppers or products containing chile peppers that are advertised, described, labeled or offered for sale as New Mexico chile;
(2) enter, on a business day during the usual hours of business, a store, market or other business or place for the limited purpose of inspecting the establishment's records related to chile peppers or products containing chile peppers being advertised, described, labeled or offered for sale as New Mexico chile or as containing New Mexico chile; and
(3) issue stop-sale, use or removal orders with respect to any violation of the New Mexico Chile Advertising Act.
History:
Laws 2011, ch. 57, § 4; 2013, ch. 85, § 3; 2013, ch. 211, § 3.
ANNOTATIONS
2013 Multiple Amendments.
— Laws 2013, ch. 85, § 3 and Laws 2013, ch. 211, § 3 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2013, ch. 211, § 3, which was last signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2013, ch. 85, § 3 and Laws 2013, ch. 211, § 3 are described below. To view the session laws in their entirety,
see
the 2013 session laws on
NMOneSource.com
.
The nature of the difference between the amendments is that Laws 2013, ch. 211, § 3 defined "farmers' market" in Subsection B and Laws 2013, ch. 85, § 5 did not.
Laws 2013, ch. 211, § 3, effective July 1, 2013, eliminated the authority of the board to issue cease and desist orders; authorized the department of agriculture to issue stop-sale, use or removal orders; provided exemptions from record keeping requirements; deleted former Paragraph (3) of Subsection A, which authorized the board to issue cease and desist orders; added Subsection B; and added Paragraph (3) of Subsection C.
Laws 2013, ch. 85, § 3, effective July 1, 2013, eliminated the authority of the board to issue cease and desist orders; authorized the department of agriculture to issue stop-sale, use or removal orders; provided exemptions from record keeping requirements; deleted former Paragraph (3) of Subsection A, which authorized the board to issue cease and desist orders; added Subsection B; and added Paragraph (3) of Subsection C.
2023 New Mexico Statutes › Chapter 25 - Food › Article 11 - New Mexico Chile Advertising › Section 25-11-5 - Injunction.

In addition to any other remedy under law, the board may apply to the district court for an injunction, and the district court may issue a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of the New Mexico Chile Advertising Act or any rule promulgated pursuant to that act by the board. In issuing an injunction on the application of the board, the court shall not require a bond.
History:
Laws 2011, ch. 57, § 5.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 25 - Food › Article 12 - Homemade Food › Section 25-12-1 - Short title.

Sections 1 through 5 [25-12-1 to 25-12-5 NMSA 1978] of this act may be cited as the "Homemade Food Act".
History:
Laws 2021, ch. 98, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 1 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 25 - Food › Article 12 - Homemade Food › Section 25-12-2 - Definitions.

As used in the Homemade Food Act:
A. "department" means the department of environment; provided that when a class A county and a home rule municipality that have established a combined local health department pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] for the purpose of local health regulation, "department" means the combined local health department;
B. "homemade food item" means a food item or non-alcoholic beverage that is produced at the private farm, ranch or residence of a processor, including homemade food items that are packaged at the processor's private farm, ranch or residence;
C. "label" means a display of written, printed or graphic matter upon the immediate container of any article;
D. "not time and temperature control" refers to food items that do not require time and temperature control to ensure safety;
E. "person" includes an individual, partnership, corporation and association;
F. "processor" means a person who produces a homemade food item;
G. "seller" means a person who sells a not-time-and-temperature-control homemade food item to a consumer;
H. "time and temperature control" means a control requirement for certain foods to ensure safety and limit pathogenic microorganism growth; and
I. "to produce" means to prepare a homemade food item by baking, cooking, cutting, dehydrating, drying, fermenting, growing, mixing, preserving, raising or other process designated by the environmental improvement board by rule.
History:
Laws 2021, ch. 98, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 2 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 25 - Food › Article 12 - Homemade Food › Section 25-12-4 - Interpretation of act; consultations.

No provision of the Homemade Food Act shall be construed so as to:
A. preclude the department from providing assistance, consultation or inspection at the request of the processor of a homemade food item;
B. preclude the production or sale of homemade food items otherwise allowed by law;
C. change the regulation of other goods and services where homemade food items are also produced or sold;
D. exempt sellers from applicable business registration or tax law;
E. require private farmers' markets or other private venues to allow the sale of homemade foods; or
F. conflict with federal law.
History:
Laws 2021, ch. 98, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 4 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 25 - Food › Article 12 - Homemade Food › Section 25-12-5 - State preemption.

Except as otherwise provided in the Homemade Food Act, a political subdivision of the state, including a home rule municipality, or an institution of the state shall not adopt a law, policy or resolution that regulates or attempts to regulate the production or sale of homemade food items.
History:
Laws 2021, ch. 98, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 5 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-1 - Short title.

Chapter 26, Article 1 NMSA 1978 may be cited as the "New Mexico Drug, Device and Cosmetic Act".
History:
1953 Comp., § 54-6-26, enacted by Laws 1967, ch. 23, § 1; 1987, ch. 270, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Cross references.
— For drug product selection,
see
Article 3 of this chapter.
For provisions of the Controlled Substances Act,
see
30-31-1 NMSA 1978 et seq.
The 1987 amendment,
effective June 19, 1987, substituted the present catchline for the former catchline, which read "Title of act"; substituted "Chapter 26, Article 1 NMSA 1978" for "This act"; and inserted "Device."
Objective of article,
in general, is to help establish a closed regulatory system for the legitimate handlers of controlled drugs.
Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy
, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
25 Am. Jur. 2d Drugs, Narcotics, and Poisons §§ 1, 2, 8, 9, 10, 14, 15, 17, 19, 33, 69, 72, 75, 76, 98, 100, 130, 141, 191, 206.
Products liability: sufficiency of evidence to support product misuse defense in actions concerning food, drugs, and other products intended for ingestion, 58 A.L.R.4th 7.
Products liability: sufficiency of evidence to support product misuse defense in actions concerning cosmetics and other personal care products, 58 A.L.R.4th 40.
Products liability: mascara and other eye cosmetics, 63 A.L.R.4th 105.
Products liability of endorser, trade association, certifier, or similar party who expresses approval of product, 1 A.L.R.5th 431.
28 C.J.S. Supp. Drugs and Narcotics §§ 1 to 9.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-3 - Prohibited acts.

The following acts are prohibited:
A. the sale of any drug or device that is adulterated, misbranded or a counterfeit drug which is not a controlled substance;
B. the adulteration or misbranding of any drug or device;
C. the receipt or delivery in commerce of any drug or device that is adulterated, misbranded or a counterfeit drug which is not a controlled substance;
D. the dissemination of any false advertisement;
E. the giving of a false guaranty or undertaking, except by a person who relied on a guaranty or undertaking as attested by label or labeling from whom he received in good faith the drug or device for sale;
F. any act with respect to a drug or device when the act is done while the drug or device is held for sale and results in the drug or device being misbranded or adulterated;
G. the creation, sale, disposition, possession or concealment of any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint, device of another or any likeness of any of the foregoing upon any drug or container or labeling so as to render the drug a counterfeit drug;
H. concealment, disposition or possession with intent to sell or preparation with intent to defraud of a counterfeit drug;
I. in the case of a dangerous drug distributed or offered for sale in this state, the failure of the manufacturer or repackager to transmit, to any practitioner licensed to administer the drug who makes a written request for information, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold or such other printed matter as is approved under the federal act. Nothing in this subsection shall be construed to exempt any person from any labeling requirement imposed under other provisions of the New Mexico Drug, Device and Cosmetic Act [26-1-1 NMSA 1978] and the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978]; and
J. except as provided in Sections 26-3-1 through 26-3-3 NMSA 1978, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the express permission in each case of the person ordering or prescribing.
History:
1953 Comp., § 54-6-28, enacted by Laws 1967, ch. 23, § 3; 1972, ch. 84, § 44; 1976, ch. 60, § 1; 1987, ch. 270, § 3.
ANNOTATIONS
Cross references.
— For definitions,
see
26-1-2 NMSA 1978.
For adulteration of drug or device,
see
26-1-10 NMSA 1978.
For adulteration of cosmetics,
see
26-1-25 NMSA 1978.
For penalties,
see
26-1-26 NMSA 1978.
For the definition of "federal act",
see
26-1-2W NMSA 1978.
The 1987 amendment,
effective June 19, 1987, deleted "or cosmetic" following "drug or device" throughout the section; in the last sentence in Subsection I inserted "Device"; in Subsection J substituted "Sections 26-3-1 through 26-3-3 NMSA 1978" for "Sections 54-6-28.1 through 54-6-28.3 NMSA 1953"; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-3.1 - Repealed.

History:
1978 Comp., § 26-1-3.1, enacted by Laws 1987, ch. 270, § 4; repealed Laws 2005, ch. 152, § 11.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 152, § 11, repealed 26-1-3.1 NMSA 1978, as enacted by Laws 1987, ch. 270, § 4, relating to other prohibited acts, effective June 30, 2007. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-4 - Power to enjoin violations.

In addition to the remedies provided the board is authorized to apply to the district court for, and the court shall have jurisdication [jurisdiction] upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any other person from violating any provision of Section 3 [26-1-3 NMSA 1978] of the New Mexico Drug and Cosmetic Act [New Mexico Drug Device and Cosmetic Act], irrespective of whether or not there exists an adequate remedy at law.
History:
1953 Comp., § 54-6-29, enacted by Laws 1967, ch. 23, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Cross references.
— For warnings for minor violations,
see
26-1-8 NMSA 1978.
For penalties generally,
see
26-1-26 NMSA 1978.
No authority to charge at board meeting and then collect fine.
— The pharmacy board has no authority to charge druggists or wholesalers at a meeting of the board and then set out and collect a fine for any violation or violations of the pharmacy laws at said meeting from said druggists or wholesalers. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
2023 New Mexico Statutes › Chapter 26 - Drugs and Cosmetics › Article 1 - General Provisions › Section 26-1-5 - Penalty; exemptions.

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 [act] by reason of dissemination by him of such false advertisement, unless he has refused, on the request of the board, to furnish the board the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency, who cause [caused] him to disseminate such advertisement.
History:
1953 Comp., § 54-6-30, enacted by Laws 1967, ch. 23, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The words "this section" apparently refer to "this act," the New Mexico Drug, Device and Cosmetic Act, which is compiled as this article.
Cross references.
— For definition of "advertisement",
see
26-1-2Q NMSA 1978.
No authority to charge at board meeting and then collect fine.
— The pharmacy board has no authority to charge druggist or wholesalers at a meeting of the board and then set out and collect a fine for any violation or violations of the pharmacy laws at said meeting from said druggists or wholesalers. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).