Chapter 25 — Chapter 25

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 app…

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…

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.

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 produ…

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 direct…

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.

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.

As used in the New Mexico Dairy Product Act: A. "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food; B. "board" means …

The following acts and the causing of these acts within the state by any dairy establishment are prohibited: A. the manufacture, sale or delivery or holding or offering for sale of any dairy product that is adulterated or misbranded; B. the adulteration or misbranding of any dair…

In addition to the other remedies provided in the New Mexico Dairy Product Act, the department is authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for such cause shown to grant, a temporary or permanent injunction restraining …

A. The board shall establish a system of administrative penalties for violations of the New Mexico Dairy Product Act. The administrative penalties may be assessed by the director in lieu of or in addition to other penalties provided by statute. In establishing the system of admin…

believed adulterated or misbranded; condemnation; destruction or correction of defect. A. Whenever the director finds or has probable cause to believe that any dairy product within a dairy establishment is adulterated or so misbranded as to be dangerous or fraudulent within the m…

prosecution; right to hearing before director prior to criminal prosecutions. It is the duty of the attorney general or the various district attorneys of this state to whom the director reports any violation of the New Mexico Dairy Product Act to cause appropriate proceedings to …

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

Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall after public hearing promulgate regulations fixing and establishing for any dairy product or class of dairy products a reasonable definition and s…

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.

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 violati…

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.

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 en…

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, conde…

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 provid…

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 m…

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 consp…

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 …

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…

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.

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 mill…

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 …

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 …

History: 1953 Comp., § 49-16-1, enacted by Laws 1977, ch. 243, § 1; repealed by Laws 2005, ch. 145, § 1.

History: 1953 Comp., § 49-16-2, enacted by Laws 1977, ch. 243, § 2; repealed by Laws 2005, ch. 145, § 2.

History: 1953 Comp., § 49-16-3, enacted by Laws 1977, ch. 243, § 3; repealed by Laws 2005, ch. 145, § 3.

History: 1953 Comp., § 49-16-4, enacted by Laws 1977, ch. 243, § 4; repealed by Laws 2005, ch. 145, § 4.

History: 1953 Comp., § 49-16-5, enacted by Laws 1977, ch. 243, § 5; repealed by Laws 2005, ch. 145, § 5.

This act [25-10-1 to 25-10-5 NMSA 1978] may be cited as the "Pinon Nut Act". History: Laws 1987, ch. 43, § 1.

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 l…

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 departme…

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 …

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.

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.

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.

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 pr…

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 A…

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 M…

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.

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…

and labeling exemptions; requirements; investigations. A. The production and sale of homemade food items shall be regulated pursuant to the provisions of the Homemade Food Act and are exempt from other requirements pursuant to the Food Service Sanitation Act [Chapter 25, Article …

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…

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 fo…