reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 2 - RETAIL SALE OF RAW MILK › Section 21.34.2.18 - SANITATION STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Cows
				health.
(1) A tuberculin test of all herds
				and additions thereto shall be made before any milk therefrom is sold, and at
				least once every twelve (12) months thereafter, by a veterinarian recognized by
				the state livestock board and the United States department of agriculture,
				animal disease eradication branch. Said tests shall be made and any reactors
				disposed of in accordance with the requirements approved by the U.S. department
				of agriculture, animal disease eradication branch. A certificate identifying
				each animal, by number, signed by the veterinarian or attested to by the
				department and filed as directed by the department, shall be evidence of the
				above test.
(2) Cows which show a
				complete induration of one quarter or extensive induration in one or more
				quarters of the udder upon physical examination, whether secreting abnormal
				milk or not, shall be permanently excluded from the milking herd: provided that
				this shall not apply in case of a quarter that is completely dry. Cows giving
				bloody, stringy or otherwise abnormal milk, but without entire or extensive
				induration of the udder, shall be excluded from the herd until reexamination
				shows that the milk has become normal.
(3) Results of all brucella ring tests
				performed in New Mexico by the U.S. department of agriculture laboratories and
				the scientific laboratory division shall be filed with the department. When the
				results of brucella ring test are positive, the herd must be individually
				tested and any reactors disposed of in accordance with the requirements
				approved by the U.S. department of agriculture, animal disease eradication
				branch.
(4) Cows which show
				evidence of the secretion of abnormal milk in one or more quarters, based upon
				bacteriological, chemical or physical amination, shall be milked last or with
				separate equipment; and the milk shall be discarded. Cows treated with, or cows
				which have consumed chemical, medicinal or radioactive agents which are capable
				of being secreted in the milk and which, in the judgment of the department, may
				be deleterious to human health, shall be milked last or with separate
				equipment, and the milk disposed of as the department may direct.
(5) For diseases other than brucellosis and
				tuberculosis, the department shall require such physical, chemical or
				bacteriological tests as it deems necessary to protect public health.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 3 - PASTEURIZED MILK ORDINANCE › Section 21.34.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
				  Telephone No. (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 3 - PASTEURIZED MILK ORDINANCE › Section 21.34.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the New Mexico Dairy Product Act, Chapter 25, Article 7A,
				  Sections 1 through 19, New Mexico Statutes Annotated 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 3 - PASTEURIZED MILK ORDINANCE › Section 21.34.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 34 is to establish the
				  procedure for inspecting dairies to insure the production of safe, wholesome
				  milk and to govern the intrastate and the interstate shipment of pasteurized
				  milk.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 3 - PASTEURIZED MILK ORDINANCE › Section 21.34.3.8 - PASTEURIZED MILK

Current through Register Vol. 35, No. 13, July 16, 2024
The procedures for compliance testing, sampling, and checking
				  dairy establishments shall be those contained in the latest editions of the
				  United States department of health and human services, public health service,
				  food and drug administration,
grade A pasteurized milk
				  ordinance
, the
Methods of Making Sanitation Ratings of Milk
				  Shippers, the Procedures Governing the Cooperative State-Public Health Service
				  Food and Drug Administration Program of the National Conference on Interstate
				  Milk Shippers, and the Evaluation of Milk Laboratories
provided that
				  out-of-state producers of milk and milk products may be sampled at dairy retail
				  stores, food service establishments, grocery stores and other places where milk
				  and milk products are sold for purposes of quality examination to determine
				  compliance with Sections 2, 4, 7 and 10 of the
grade A pasteurized milk
				  ordinance
.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 4 - ANIMAL DRUG RESIDUE ENFORCEMENT PROCEDURES › Section 21.34.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
				  Telephone No. (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 4 - ANIMAL DRUG RESIDUE ENFORCEMENT PROCEDURES › Section 21.34.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the New Mexico Dairy Product Act, Chapter 25, Article 7A,
				  Sections 1 through 19, New Mexico Statutes Annotated 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 4 - ANIMAL DRUG RESIDUE ENFORCEMENT PROCEDURES › Section 21.34.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 of Chapter 34 is to establish the
				  procedure for assessing penalties for any dairy farm that has violative drug
				  residue in their raw milk when the penalty assessed against the dairy farm by
				  any marketing cooperative does not meet the requirements of Appendix N of
				  21.34.2 NMAC, the pasteurized milk ordinance.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 4 - ANIMAL DRUG RESIDUE ENFORCEMENT PROCEDURES › Section 21.34.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Dairy farm" means any place or premises
				where one or more cows or goats are kept, and from which a part or all of the
				raw milk or raw milk product(s) is sold or offered for sale.
C. "Dairy producer" means any person offering
				for sale raw milk or raw milk products.
D. "Director" means the director of the New
				Mexico department of agriculture or his designated representative.
E. "PMO" means the grade A pasteurized milk
				ordinance, U. S. department of health and human services, public health
				service, food and drug administration publication No. 229 as adopted by 21.34.3
				NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 4 - ANIMAL DRUG RESIDUE ENFORCEMENT PROCEDURES › Section 21.34.4.8 - DETECTION OF DRUG RESIDUES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				When a bulk milk pickup tanker is found to be positive for drug residues, the
				department shall be immediately notified. The ultimate disposition of the raw
				milk must be approved by the department. The disposition of the contaminated
				milk must preclude entry into the animal or human food chain.
B. The producer samples from the bulk milk
				pickup tanker found to be positive for drug residues shall be individually
				tested to determine the farm of origin. The samples shall be tested as directed
				by the department. Further pickups of the violative individual producer shall
				be immediately discontinued until tests are no longer positive for drug
				residues.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 4 - ANIMAL DRUG RESIDUE ENFORCEMENT PROCEDURES › Section 21.34.4.9 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the dairy
				producer responsible for a violative drug residue in a sample from a bulk milk
				pickup tanker is determined, the department shall immediately suspend the grade
				A permit of the dairy producer for a minimum of two days and assess a penalty
				to be determined as set forth in Subsection A of 21.34.4.9 NMAC, provided the
				department shall accept the penalty assessment imposed by any marketing
				cooperative unless the penalty assessed does not meet the minimum requirements
				of Appendix N of the PMO, 21.34.3 NMAC. The department may grant a temporary
				grade A permit following a negative milk sample. The temporary grade A permit
				shall remain in effect until the equivalent penalty is assessed and the "milk
				and fairy beef tesidue prevention protocol" has been implemented under the
				supervision of a licensed veterinarian. After the assessment and payment of the
				equivalent penalty and the completion of the "milk and dairy beef residue
				prevention protocol", the grade A permit shall be reinstated, provided the
				violation was not the third violation in a twelve month period.
(1) Determine the difference between the
				blend price and the class III price of milk at the time of the
				violation.
(2) Determine if this is
				the first, second, or third time the dairy producer has offered for sale milk
				containing a violative drug residue in the past twelve months.
(3) Assess a penalty of the volume of two
				days production for the first violation, or four days production for a second
				violation, as stated in Appendix N, regulatory responsibilities, part B,
				enforcement, of the pasteurized milk ordinance. The penalty shall be calculated
				according to the formula: volume in hundredweight (cwt) times penalty days
				times difference in price between dairy producer blend price and class III
				price for milk in the month the residue occurred, less any penalty already
				assessed by a marketing cooperative for this particular violation.
(4) The responsible dairy producer and a
				licensed veterinarian shall complete and sign a quality assurance certificate,
				for display in the milkhouse, which state that the "milk and dairy beef residue
				prevention protocol", is in place and being implemented for the dairy herd(s)
				from which the adulterated milk containing the violative drugs residue was
				shipped. This must be completed within 30 days of the drug residue violation.
				If this program is not completed within 30 days of the drug residue violation,
				the dairy producers grade A permit shall be suspended by the
				department.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university, under the Dairy Act, Chapter 25, Article 7, Sections 1 through 8,
				  New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1998, unless a different date is cited at the end
				  of a section or paragraph.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the open date labeling requirements for
				  fresh, fluid dairy products sold or offered for sale.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Cultured
				product" means the product resulting from the souring by lactic acid producing
				bacteria or similar culture of a milk product.
B. "Dairy dessert mixes" means a product in
				fluid form intended to be used for dessert purposes and shall include, but not
				be limited to ice cream mix, mellorine mix, yogurt mix, eggnog or other product
				of similar nature.
C. "Director"
				means the director of the New Mexico department of agriculture.
D. "Hermetically sealed product" means a
				product packaged in such a way as to be impervious to air and gasses, thus
				preventing microbial spoilage.
E.
				"Pull date" means the last day on which a product is to be sold or offered for
				sale for human consumption.
F.
				"Sterilized product" means a product that has been heated to a temperature of
				two hundred twelve (212) degrees fahrenheit or higher for a length of time
				sufficient to kill all organisms present.
G. "Ultra-pasteurized" means a product
				thermally processed at two hundred eighty (280) degrees fahrenheit or higher
				for at least two (2) seconds so as to produce a product which has an extended
				shelf life under refrigerated conditions.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.9 - LABELING REQUIREMENTS FOR DATING

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to other labeling
				requirements, except as otherwise exempted in this rule, all processors and
				producer distributors shall label each container of one-half (1/2) pint or
				larger of milk, lowfat milk, non-fat milk, flavored milk, skim milk, half and
				half and creams sold or offered for sale with a legible pull date.
B. The length of pull date for pasteurized
				products shall be determined by the processor.
C. The length of pull date for raw products
				shall not exceed five (5) days including the date of packaging.
D. No product required to have a pull date
				may be sold or offered for sale by any person if it does not meet all pull date
				requirements of this rule.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.10 - DATING EXPRESSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				pull date shall be expressed numerically or by the first three (3) letters of
				the month followed by the numeral or numerals constituting the appropriate
				calendar date.
B. A space, slash or
				dash shall appear between the month and day.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.11 - DATING LOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
The pull date shall appear in such a location on the
				  container so as to be easily located and seen by the purchaser. The method of
				  dating shall not interfere with the legibility of other mandatory labeling
				  requirements of the container.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.12 - EXEMPT PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Those products sold directly to the consumer by a processor or producer
				distributor and all cultured, sterilized, ultra-pasteurized or hermetically
				sealed products and dairy dessert mixes shall be exempt from the pull date
				requirements.
B. At the option of
				the processor, exempt products may be labeled with a pull date determined by
				the processor.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.16 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Dairy products required to be labeled with a pull date and
				  those dairy products labeled with an optional pull date, except frozen, dried,
				  condensed or evaporated products, may not be sold or offered for sale for human
				  consumption by any person after the pull date.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 5 - OPEN DATE LABELING FOR DAIRY PRODUCTS › Section 21.34.5.17 - EMERGENCY WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
Any or all of the provisions of this rule may be temporarily
				  waived by the director when he determines, in his discretion, that an emergency
				  warrants such waiver.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university, under the Dairy Act, Chapter 25, Article 7, Sections 1 through 8,
				  New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the standards of identity for frozen
				  dairy desserts.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Board" means
				the board of regents of New Mexico state university.
B. "Director" means the director of the New
				Mexico department of agriculture.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.9 - COMPOSITION STANDARDS OF IDENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
The standards of identity for the composition of frozen dairy
				  desserts shall be the same as those set forth in Title 21 of the Code of
				  Federal Regulations, as revised.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.10 - WEIGHT STANDARDS OF IDENTITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Ice cream shall weigh not less than four
				and one-half (4.5) pounds net to the gallon.
B. Reduced fat ice cream, light ice cream,
				lowfat ice cream, nonfat or fat free ice cream or other lower fat ice cream
				products shall weigh not less than four (4.0) pounds net to the
				gallon.
C. Mellorine shall weigh
				not less than four and one-half (4.5) pounds net to the gallon.
D. Sherbet shall weigh not less than six
				(6.0) pounds net to the gallon.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.16 - NONSTANDARD PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
Frozen dairy dessert products for which neither the board nor
				  the federal food and drug administration have not established standards of
				  identity may be sold in New Mexico until such time as standards of identity are
				  established only if the products are properly labeled as to
				  composition.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 6 - STANDARDS OF IDENTIY FOR FROZEN DAIRY DESSERTS › Section 21.34.6.17 - EMERGENCY WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
Any or all of the provisions of this rule may be temporarily
				  waived by the director when he determines, in his discretion, that an emergency
				  warrants such waiver.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 7 - EGG INSPECTION FEES › Section 21.34.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 7 - EGG INSPECTION FEES › Section 21.34.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university, under the Egg Grading Act, Chapter 25, Article 6, Sections 1
				  through 16, New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 7 - EGG INSPECTION FEES › Section 21.34.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the inspection fee on eggs sold to the
				  retailer or to the consumer.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 7 - EGG INSPECTION FEES › Section 21.34.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Egg dealer" means any person, firm, partnership or
				  corporation that buys eggs directly from the farmers or from any other source
				  for the purpose of reselling them at wholesale.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 7 - EGG INSPECTION FEES › Section 21.34.7.9 - EGG INSPECTION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The inspection fee on eggs sold in New Mexico to the retailer or to the
				consumer shall be twelve cents (.12) per case of thirty (30) dozen.
B. The fee shall be paid by the egg dealer or
				producer who packages the eggs for sale to the retailer or consumer.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 8 - GRADES, STANDARDS, AND REPORTS FOR SHELL EGGS › Section 21.34.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 8 - GRADES, STANDARDS, AND REPORTS FOR SHELL EGGS › Section 21.34.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All producers, dealers and retailers of shell eggs sold or
				  offered for sale in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 8 - GRADES, STANDARDS, AND REPORTS FOR SHELL EGGS › Section 21.34.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university, under the Egg Grading Act, Chapter 25, Article 6, Sections 1
				  through 16, New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 8 - GRADES, STANDARDS, AND REPORTS FOR SHELL EGGS › Section 21.34.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the grades and standards for shell eggs
				  and reports covering information on eggs sold in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 8 - GRADES, STANDARDS, AND REPORTS FOR SHELL EGGS › Section 21.34.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Board of
				regents" means the board of regents of New Mexico state university.
B. "Department" means the New Mexico
				department of agriculture.
C.
				"Ungraded eggs" means eggs as they come from the production facility without
				having been washed, sized and/or candled for quality.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 8 - GRADES, STANDARDS, AND REPORTS FOR SHELL EGGS › Section 21.34.8.9 - GRADES AND STANDARDS FOR SHELL EGGS SOLD IN NEW MEXICO

Current through Register Vol. 35, No. 13, July 16, 2024
A. All eggs sold or offered for sale under
				25-6-5, NMSA
				1978, shall be graded and properly labeled as to size and standards of
				quality.
B. All sizes and standards
				shall conform with United States department of agriculture standards for
				consumer grades of shell eggs, excepting those sold as ungraded. Ungraded eggs
				shall be conspicuously labeled as "ungraded eggs," and shall conform with the
				provisions pertaining thereto set forth in
				25-6-7,
				NMSA 1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 8 - GRADES, STANDARDS, AND REPORTS FOR SHELL EGGS › Section 21.34.8.10 - REPORTS COVERING INFORMATION ON EGGS SOLD IN NEW MEXICO

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board of
				regents may require any person who purchases, receives or sells eggs from any
				source, to file with the department a statement giving the name and address of
				the party from whom such eggs were obtained, the quantity of each shipment, the
				date of purchase and any other information deemed essential.
B. Any person may be required to notify an
				inspector of the department immediately upon receipt of shipment of eggs or
				before sale of eggs.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005
				  Telephone: (575) 646-3007.]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All parties regulated under the Egg Grading
				  Act.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Egg Grading Act, Chapter 25, Article 6, Sections 1 through
				  16, New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for assessment of administrative penalties
				  for violations of the Egg Grading Act or rules adopted under the act and
				  specifies the appeal process.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Director" means the director/secretary of
				the New Mexico department of agriculture.
C. "Division director" means the director of
				the division of standards and consumer services within the New Mexico
				department of agriculture.
D.
				"Inspector" means an individual employed by the New Mexico department of
				agriculture who, under the direction of the director, is granted the same
				authority as the director for the administration of the Egg Grading Act and
				associated rules.
E. "Violation
				/offense" means disregard of field enforcement actions or the law.
F. "Routine inspection" means inspections
				conducted within the prescribed guidelines for frequency.
G. "Testing and inspection procedures" means
				procedures adopted from various handbooks, rules and reference materials which
				include, but are not limited, to the following: the United States department of
				agriculture standards for consumer grades of shell eggs, excepting those sold
				as ungraded.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.9 - ASSESSING PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The assessment of administrative penalties will be used as an
				  intermediate step between field enforcement actions and court action, or when
				  stop sale orders are not appropriate or have proven to be ineffective in
				  resolving a problem, and not as a daily punitive enforcement tool. All monies
				  derived from administrative penalties to be deposited in the state general fund
				  after all expenses. When a duly authorized agent of the director finds, in his
				  judgment, that a person has violated a provision of law or rules adopted
				  pursuant to law, with concurrence of the supervisor, he shall notify the person
				  in writing that the department intends to assess a penalty in accordance with
				  the provisions of this rule. Such penalty may be in addition to or in lieu of
				  administrative actions, such as stop sale orders. The department also reserves
				  the right to file criminal charges according to the provisions of the laws
				  administered by the department.
A. The
				inspector shall notify his division director, through his immediate supervisor,
				of the proposed penalty. The division director shall review the facts in the
				case, and may request additional information. If the division director
				determines there should be no penalty assessed, the alleged violator shall be
				notified in writing.
B. If the
				division director, after careful review and consideration determines there
				should be a penalty assessed, he shall make recommendation to the director as
				to the amount and nature of the penalty. The director shall review the facts in
				the case, and may request additional information. If the director determines
				there should be no penalty, the alleged violator shall be notified in writing
				by the division director. If the director determines a penalty is warranted by
				the facts in the case, he shall notify the alleged violator of the amount and
				nature of the penalty. Violations/offenses are per business location not per
				company and will be based on offenses per routine inspection. All inspections
				will be based on adopted testing and inspection procedures. In making his
				determination as to the nature and amount of penalty, the director shall be
				guided by Sections 10, 11, 12, and 14 of this part.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.10 - GRAVITY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Factors: Any one or all of the following factors may be considered in
				determining the gravity of a violation.
(1)
				Potential monetary consequences.
(2) Degree of inconvenience or deception to a
				buyer or prospective buyer.
(3)
				Degree of disregard for the law.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.11 - FREQUENCY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
The more frequently a person commits the same violation, the
				  greater the penalty shall be, as provided by the table in Section 14.
A. When a person commits the same violation
				more than three (3) times in a twelve (12) month period, double the penalty for
				the third violation shall be assessed.
B. The period of time in determining
				frequency of violations shall be twelve a (12) month period. If a person has
				not committed the same offense in a twelve (12) month period, the next offense
				shall be considered as a first offense.
C. A person who has committed the same
				offense three times in five (5) years shall not be protected by the twelve (12)
				month limitation and shall be subject to the penalty for the third
				offense.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.12 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				accused of a violation for which a penalty has been assessed may request a
				hearing before the director to contest the amount of the penalty or whether the
				violation occurred or both.
B. A
				request for a hearing before the director must be in writing and must be
				submitted within fifteen (15) days of notification of penalty
C. In the event the alleged violator does not
				feel the department followed the correct procedures in arriving at a decision
				in his/her case, the individual may ask the district court to review the
				administrative proceedings and penalty in the manner and to the extent provided
				by the laws of New Mexico. If the penalty is not set aside or abated, the
				original penalty is due and payable as provided in Section 13.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.13 - PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
If no hearing is requested, the penalty is due and payable
				  within thirty (30) days of the issuance of notice of the violation. Failure to
				  pay will be considered an additional offense and the penalty originally applied
				  will be doubled.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 13 - APPLYING ADMINISTRATIVE PENALTIES: EGG GRADING ACT › Section 21.34.13.14 - PENALTY TABLE

Current through Register Vol. 35, No. 13, July 16, 2024
TABLE I
FIRST OFFENSE
SECOND OFFENSE
THIRD OFFENSE
Gravity
A
B
C
A
B
C
A
B
C
$250.
$1000.
$1500.
$2000.
$2500.
$3000.
$3500.
$4000.
$5000.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005
				  Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Dairy Act, Chapter 25, Article 7, Sections 1 through 8,
				  New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for assessment of administrative penalties
				  for violations of the Dairy Act or rules adopted under the act and specifies
				  the appeal process.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Director" means the director/secretary of
				the New Mexico department of agriculture.
C. "Division director" means the director of
				the division of standards and consumer services and/or the director of the
				dairy division within the New Mexico department of agriculture.
D. "Inspector" means an individual employed
				by the New Mexico department of agriculture who, under the direction of the
				director, is granted the same authority as the director for the administration
				of the Dairy Act and associated rules.
E. "Violation /offense" means disregard of
				field enforcement actions or the law.
F. "Routine inspection" means inspections
				conducted within the prescribed guidelines for frequency.
G. "Testing and inspection procedures" means
				procedures adopted from various handbooks, rules and reference materials which
				include, but are not limited, to the following: NIST handbook 133, checking the
				net contents of packaged goods.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.9 - ASSESSING PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The assessment of administrative penalties will be used as an
				  intermediate step between field enforcement actions and court action, or when
				  Stop Sale orders are not appropriate or have proven to be ineffective in
				  resolving a problem, and not as a daily punitive enforcement tool. All monies
				  derived from administrative penalties to be deposited in the state general fund
				  after all expenses. When a duly authorized agent of the director finds, in his
				  judgment, that a person has violated a provision of law or rules adopted
				  pursuant to law, with concurrence of the supervisor, he shall notify the person
				  in writing that the department intends to assess a penalty in accordance with
				  the provisions of this rule. Such penalty may be in addition to or in lieu of
				  administrative actions, such as stop sale orders. The department also reserves
				  the right to file criminal charges according to the provisions of the laws
				  administered by the department.
A. The
				inspector shall notify his division director, through his immediate supervisor,
				of the proposed penalty. The division director shall review the facts in the
				case, and may request additional information. If the division director
				determines there should be no penalty assessed, the alleged violator shall be
				notified in writing.
B. If the
				division director, after careful review and consideration determines there
				should be a penalty assessed, he shall make recommendation to the director as
				to the amount and nature of the penalty. The director shall review the facts in
				the case, and may request additional information. If the director determines
				there should be no penalty, the alleged violator shall be notified in writing
				by the division director. If the director determines a penalty is warranted by
				the facts in the case, he shall notify the alleged violator of the amount and
				nature of the penalty. Violations/offenses are per business location not per
				company and will be based on offenses per routine inspection. All inspections
				will be based on adopted testing and inspection procedures. In making his
				determination as to the nature and amount of penalty, the director shall be
				guided by Sections 10, 11, 12, and 14 of this part.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.10 - GRAVITY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Factors: Any one or all of the following factors may be considered in
				determining the gravity of a violation.
(1)
				Potential monetary consequences.
(2) Degree of inconvenience or deception to a
				buyer or prospective buyer.
(3)
				Degree of disregard for the law.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.11 - FREQUENCY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
The more frequently a person commits the same violation, the
				  greater the penalty shall be, as provided by the table in Section 14.
A. When a person commits the same violation
				three (3) or more times in a twelve (12) month period, double the penalty for
				the third violation shall be assessed.
B. The period of time in determining
				frequency of violations shall be a twelve (12) month period. If a person has
				not committed the same offense in a twelve (12) month period, the next offense
				shall be considered as a first offense.
C. A person who has committed the same
				offense three times in five (5) years shall not be protected by the twelve (12)
				month limitation and shall be subject to the penalty for the third
				offense.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.12 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				accused of a violation for which a penalty has been assessed may request a
				hearing before the director to contest the amount of the penalty or whether the
				violation occurred or both.
B. A
				request for a hearing before the director must be in writing and must be
				submitted within fifteen (15) days of notification of penalty.
C. In the event the alleged violator does not
				feel the department followed the correct procedures in arriving at a decision
				in his/her case, the individual may ask the district court to review the
				administrative proceedings and penalty in the manner and to the extent provided
				by the laws of New Mexico. If the penalty is not set aside or abated, the
				original penalty is due and payable as provided in Section 13.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.13 - PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
If no hearing is requested, the penalty is due and payable
				  within thirty (30) days of the issuance of notice of the violation. Failure to
				  pay will be considered an additional offense and the penalty originally applied
				  will be doubled.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 14 - APPLYING ADMINISTRATIVE PENALTIES: DAIRY ACT › Section 21.34.14.14 - PENALTY TABLE

Current through Register Vol. 35, No. 13, July 16, 2024
FIRST OFFENSE
SECOND OFFENSE
THIRD OFFENSE
Gravity
A
B
C
A
B
C
A
B
C
$250.
$1000.
$1500.
$2000.
$2500.
$3000.
$3500.
$4000.
$5000.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All owners, raisers and handlers of poultry in the state of New Mexico and those that apply to bring poultry into the state for any reason.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 77-2-7, 773-1, NMSA 1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2024 unless a later date is cited at the end of a section or paragraph.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish rules governing poultry industry in New Mexico concerning control of pullorum-typhoid.