2023 New Mexico Statutes › Chapter 25 - Food › Article 2 - Adulterated or Misbranded Food › Section 25-2-3 - [Prohibited acts.]

The following acts and the causing thereof within the state of New Mexico are hereby prohibited:
A. the manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.
B. the adulteration or misbranding of any food.
C. the receipt in commerce of any food that is adulterated or misbranded and the delivery or proffered delivery thereof 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 [25-2-12 NMSA 1978].
E. the dissemination of any false advertisement.
F. the refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Section 16 [25-2-16 NMSA 1978].
G. the giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the state of New Mexico from whom he received the food in good faith.
H. the removal or disposal of a detained or embargoed article in violation of Section 6 [25-2-6 NMSA 1978].
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 food, if such act is done while such article is held for sale and results in such article being misbranded.
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 this act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978].
History:
1941 Comp., § 71-666, enacted by Laws 1951, ch. 169, § 3; 1953 Comp., § 54-1-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For meat and meat products,
see
25-3-1 NMSA 1978 et seq.
For flour and bread,
see
25-5-1 NMSA 1978 et seq.
For egg grading,
see
25-6-1 NMSA 1978 et seq.
Unwholesome meat.
— The fact that the livestock board may be inspecting meats to determine if they are unwholesome in no way limits the powers of the health department (now department of health) to independently determine whether the meat is unwholesome. 1967 Op. Att'y Gen. No. 67-115.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Food §§ 2 to 13.
Ignorance or mistake of fact, lack of criminal intent or presence of good faith, as affecting penal offense predicated upon violation of food law, 152 A.L.R. 755.
Liability of seller of food for personal injuries due to its condition, 168 A.L.R. 1054.
Validity of municipal ordinance imposing requirements on outside producers of milk to be sold in city, 14 A.L.R.2d 103.
Seller's or manufacturer's liability for injuries as affected by buyer's or user's allergy or unusual susceptibility to injury from article, 26 A.L.R.2d 963.
Coloring matter as forbidden adulteration of food, 56 A.L.R.2d 1129.
Liability of packer, foodstore, or restaurant for causing trichinosis, 96 A.L.R.3d 451.
Liability for injury or death allegedly caused by foreign object in food or food product, 1 A.L.R.5th 1.
Liability for injury or death allegedly caused by spoilage, contamination, or other deleterious condition of food or food product, 2 A.L.R.5th 1.
Liability for injury or death allegedly caused by food product containing object related to, but not intended to be present in, product, 2 A.L.R.5th 189.
Duty of retail establishment, or its employees, to assist patron choking on food, 2 A.L.R.5th 966.
36A C.J.S. Food §§ 3 to 20.