Chapter 25 — Chapter 25

Chapter 25, Article 1 NMSA 1978 may be cited as the "Food Service Sanitation Act". History: 1953 Comp., § 54-3A-1, enacted by Laws 1977, ch. 309, § 1; 1989, ch. 197, § 1.

adulterated or misbranded food found during inspection. Whenever, during an inspection authorized under the Food Service Sanitation Act, the agency finds or has probable cause to believe that any food on the food service establishment premises is adulterated or so misbranded as t…

A. Rules adopted by the board are subject to judicial review under the provisions of Section 74-1-9 NMSA 1978. B. Any person to whom the division denies a permit or whose permit is suspended or revoked by the division may appeal to the district court pursuant to the provisions of…

A. The agency may seek relief in district court to enjoin the operation of any food service establishment not complying with the Food Service Sanitation Act or any regulation adopted under that act. B. In addition to granting injunctive relief, the district court may impose a civ…

The board shall promulgate regulations to insure that a person with a disease which can reasonably be expected to be transmitted to other persons shall not work in a food service establishment. History: 1953 Comp., § 54-3A-13, enacted by Laws 1977, ch. 309, § 13.

ANNOTATIONS Repeals. — Laws 1989, ch. 197, § 5 repealed 25-1-14 NMSA 1978, as enacted by Laws 1989, ch. 197, § 4, relating to food service sanitation fund, effective July 1, 1992.

A. A food service establishment may allow pet dogs in designated outdoor dining areas of the establishment if the following requirements are met: (1) no pet dog shall be allowed in any area where food is prepared; (2) patrons shall keep their pet dogs on a leash at all times and …

Other than enforcement actions pursuant to Section 25-1-10 NMSA 1978, the provisions of the Food Service Sanitation Act shall not apply to homemade food items produced or sold pursuant to the Homemade Food Act [25-12-1 to 25-12-5 NMSA 1978]. History: Laws 2021, ch. 98, § 6.

As used in the Food Service Sanitation Act: A. "agency" or "division" means the department of environment; B. "board" means the environmental improvement board; C. "employee" means any individual employed in a food service establishment who transports food or food containers, who…

The purpose of the Food Service Sanitation Act is to protect the public health by establishing standards and provisions for the regulation of food service establishments and by appropriate delegations of authority to the board and agency to adopt and enforce regulations covering …

The board shall promulgate procedural and substantive regulations consistent with the provisions of Section 74-1-9 NMSA 1978 and shall include provisions for: A. requiring food service establishments to prepare and serve food in a manner safe for human consumption, free from adul…

A. The board may establish a system of grading food service establishments for the purpose of certifying compliance with the Food Service Sanitation Act and regulations requiring food service establishments to display in a designated manner a grade as notice of compliance to the …

History: Laws 1993, ch. 100, § 5; 2005, ch. 218, § 2; repealed by Laws 2020, ch. 32, § 8.

A. The agency is authorized and has the duty to execute any provisions of the Food Service Sanitation Act delegated to it under that act or by the board under authority of that act and specifically is directed to administer and enforce the provisions of regulations adopted under …

suspension. A. No person may operate a food service establishment unless he possesses a valid and unsuspended permit issued by the agency in accordance with the Food Service Sanitation Act and the regulations adopted under it. The permit shall be posted in a conspicuous place wit…

A. The agency shall inspect food service establishments to determine compliance or lack of compliance with the Food Service Sanitation Act and regulations of the board. The procedures for inspection shall be in accordance with regulations of the board. Upon request by the agency …

The agency may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a food service establishment present a substantial danger of illness, serious physical harm or death to consumers who might patr…

This act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978] may be cited as the New Mexico Food Act. History: 1941 Comp., § 71-664, enacted by Laws 1951, ch. 169, § 1; 1953 Comp., § 54-1-1.

A food shall be deemed to be adulterated: A. (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quan…

A food shall be deemed to be misbranded: A. if its labeling is false or misleading in any particular; B. if it is offered for sale under the name of another food; C. if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word, i…

classes of food; suspension; inspections. A. Whenever the board finds after investigation that the distribution in New Mexico of any class of food may, by reason of contamination with microorganisms during manufacture, processing or packing thereof in any locality, be injurious t…

poisonous or deleterious substances in food. A. Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the applic…

An advertisement of a food shall be deemed to be false if it is false or misleading in any particular. History: 1941 Comp., § 71-677, enacted by Laws 1951, ch. 169, § 14; 1953 Comp., § 54-1-14.

A. The authority to promulgate regulations for the efficient enforcement of the New Mexico Food Act is hereby vested in the board. The board is hereby authorized to make the regulations promulgated under the federal act. B. In promulgating regulations pursuant to this section, th…

The director shall have free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, processed, packed or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods in commerce for the …

information. A. The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under the New Mexico Food Act, including the nature of the charge and the disposition thereof. B. The director may also ca…

The division shall employ such personnel for the administration and enforcement of the provisions of the New Mexico Food Act, in the same manner that other public health personnel are now employed, as may be necessary and required. History: 1941 Comp., § 71-681, enacted by Laws 1…

laboratory.] The New Mexico public health laboratory shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of this act [25-2-1 to 25-2- 19 and 25-2-20 NMSA 1978]. History: 1941 Comp., § 71-682, enacted by Laws 1951, ch. 169, § 20; …

For the purpose of the New Mexico Food Act: A. "board" means the environmental improvement board; B. "dairy establishment" means a milk processing or milk producing facility; C. "division" means the department of environment; D. "director" means the secretary of environment or hi…

The purposes and provisions of the New Mexico Food Act shall not apply to dairy establishments. History: Laws 1993, ch. 188, § 32.

Other than actions pursuant to Section 25-2-6 NMSA 1978, the provisions of the New Mexico Food Act shall not apply to homemade food items produced or sold pursuant to the Homemade Food Act [25-12-1 to 25-12-5 NMSA 1978]. History: Laws 2021, ch. 98, § 7.

cooperation with federal government. A. The New Mexico livestock board shall adopt rules necessary to establish a comprehensive state meat inspection program for the inspection, processing and sale of meat and poultry products that meets or exceeds the standards and requirements …

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 com…

In addition to the remedies hereinafter provided, the division is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for such cause shown to grant, a temporary or permanent injunction restraining any person from violating…

A. Any person who violates any of the provisions of Section 25-2-3 NMSA 1978 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than ninety days or a fine of not more than one hundred dollars ($100) or both such imprisonment a…

condemnation; destruction or correction of defect. A. Whenever the director finds or has probable cause to believe that any food is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of the New Mexico Food Act, he shall affix to such article a tag or…

right to hearing before director prior to criminal prosecutions. It shall be the duty of the attorney general or the various district attorneys of this state to whom the director reports any violation of the New Mexico Food Act to cause appropriate proceedings to be instituted in…

Nothing in the New Mexico Food Act shall be construed as requiring the director to report, for the institution of proceedings under the New Mexico Food Act, minor violations of that act whenever he believes that the public interest will be adequately served in the circumstances b…

A. Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable sta…

History: 1953 Comp., § 54-8-1, enacted by Laws 1965, ch. 10, § 1; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-10, enacted by Laws 1969, ch. 89, § 5; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-11, enacted by Laws 1969, ch. 89, § 6; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-12, enacted by Laws 1969, ch. 89, § 7; 1998, ch. 55, § 34; 1999, ch. 265, § 36; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-13, enacted by Laws 1969, ch. 89, § 8; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-14, enacted by Laws 1969, ch. 89, § 9; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-15, enacted by Laws 1969, ch. 89, § 10; 1995, ch. 120, § 1; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-16, enacted by Laws 1969, ch. 89, § 11; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-17, enacted by Laws 1969, ch. 89, § 12; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-18, enacted by Laws 1969, ch. 89, § 13; 1977, ch. 253, § 63; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-19, enacted by Laws 1969, ch. 89, § 14; 1998, ch. 55, § 35; 1999, ch. 265, § 37; repealed by Laws 2013, ch. 84, § 2.