Chapter 25, Chapter 25

A. A small dealer's license is required of any person that buys, sells or traffics in more than five cases and less than two hundred cases of eggs in any one week. B. A medium dealer's license is required of any person that buys, sells or traffics in more than two hundred cases a…

It is unlawful: A. for any person, with the exception of New Mexico egg producers, to sell eggs as a dealer unless such a person has obtained from the department a license to be issued at a price, varying according to the type of dealer; B. for a person to refuse to submit any eg…

In addition to the remedies provided in the Egg Grading Act, the department may apply to a district court for an injunction restraining any person from violating or continuing to violate any of the provisions of the Egg Grading Act or from failing or refusing to comply with any r…

The department may seize or hold as evidence any container of eggs or all or any part of any pack, load, lot consignment or shipment of eggs packed, stored, delivered for shipment, loaded, transported or sold in violation of any provisions of the Egg Grading Act. History: 1953 Co…

A. Any person violating any provisions of the Egg Grading Act or any rule or regulation promulgated by the board or their authorized inspectors is guilty of a misdemeanor and upon conviction thereof shall be imprisoned in the county jail for not more than ninety days, or shall be…

As used in the Egg Grading Act: A. "egg dealer" includes any person, firm, partnership or corporation that buys eggs directly from the farmers or from any other sources for the purpose of reselling them at wholesale; B. "cold storage eggs" means eggs which have been in cold stora…

The purpose of the Egg Grading Act is to assure that no person, firm or corporation shall sell or have in his possession with the intent to sell, offer or expose for sale, or traffic in, any egg unfit for human food, unless the same is broken in shell and then denatured so that i…

It is unlawful: A. to offer eggs for sale in any newspaper advertisement, circular, radio or other form of advertising without plainly designating in the advertisement the classification as to grade and size to which the eggs being offered for sale properly belong, when price is …

The New Mexico consumer grades for eggs shall be as uniform as possible to those standards established by the United States department of agriculture for consumer grades of eggs. The board shall set all standards for shell eggs for New Mexico. History: 1953 Comp., § 54-2-14, enac…

The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded. History: 1953 Comp., § 54-2-15, enacted by Laws 1963, ch. 138, § 6; 1973, ch. 116, § 4.

A. Retailers may sell the eggs specified in Section 25-6-6 NMSA 1978 to consumers only when such eggs on hand, offered or placed on sale are clearly marked "ungraded." Ungraded eggs shall be cartoned when sold at retail. B. Any person proposing to sell ungraded eggs shall, prior …

The department under the guidance and control of the board shall be responsible for administering and enforcing the provisions of the Egg Grading Act. History: 1953 Comp., § 54-2-17, enacted by Laws 1973, ch. 116, § 6.

The Egg Grading Act shall be financed in part by the collection of a fee on all eggs sold to the retailer or consumer. The fee on eggs being sold to the retailer or consumer shall be one-half cent ($.005) per dozen; provided that the board may index the amount of the fee for infl…

This act [25-7-1 to 25-7-8 NMSA 1978] may be cited as the "Dairy Act." History: 1953 Comp., § 52-1-30, enacted by Laws 1977, ch. 375, § 1.

As used in the Dairy Act: A. "board" means the board of regents of New Mexico state university; B. "department" means the New Mexico department of agriculture; C. "person" means any individual, firm, partnership, corporation, society, association, trustee or company; D. "dairy pr…

The Dairy Act shall be administered and enforced by the board through the department. History: 1953 Comp., § 52-1-32, enacted by Laws 1977, ch. 375, § 3.

The board shall determine and prescribe the acceptable standards of equipment and methods to be employed in the testing or measuring of milk and dairy products to determine value, quantity or quality. History: 1953 Comp., § 52-1-33, enacted by Laws 1977, ch. 375, § 4.

The board shall determine and prescribe the standards of physical and chemical composition or content for milk and dairy products as defined in the Dairy Act. The board may also determine what other food products, principally derived from milk, shall be classified as dairy produc…

It is unlawful for any person to sell or offer for sale adulterated or mislabeled milk or dairy products. Milk or dairy products that contain any unwholesome substance or fail to conform in physical or chemical composition to the definitions or standards prescribed by the Dairy A…

In order to enforce the Dairy Act, the board may prescribe and, after public hearing following due public notice, adopt regulations to carry out the provisions of the Dairy Act. History: 1953 Comp., § 52-1-36, enacted by Laws 1977, ch. 375, § 7.

Any person who violates any of the provisions of the Dairy Act or regulations promulgated by the board is guilty of a misdemeanor and may be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). History: 1953 Comp., § 52-1-37, enacted by Laws 1…

Sections 1 through 19 [25-7A-1 to 25-7A-19 NMSA 1978] of this act may be cited as the "New Mexico Dairy Product Act". History: Laws 1993, ch. 188, § 1.

A dairy product shall be deemed to be adulterated if: A. it bears or contains any poisonous or deleterious substance that may render it injurious to health, but, in case the substance is not an added substance, the dairy product shall not be considered adulterated under this subs…

A dairy product within a dairy establishment shall be deemed to be misbranded if: A. its labeling is false or misleading in any particular manner; B. it is offered for sale under the name of another dairy product; C. it is an imitation of another dairy product, unless its label b…

certain classes of dairy products; suspension; inspections. A. Whenever the board finds after investigation that the distribution in New Mexico of any class of dairy product may, by reason of contamination with microorganisms during manufacture, processing or packing in any local…

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…