Chapter 25 — Chapter 25

History: 1953 Comp., § 54-8-2, enacted by Laws 1965, ch. 10, § 2; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-20, enacted by Laws 1969, ch. 89, § 15; 1970, ch. 62, § 1; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-21, enacted by Laws 1969, ch. 89, § 16; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-3, enacted by Laws 1965, ch. 10, § 3; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-4, enacted by Laws 1965, ch. 10, § 4; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-5, enacted by Laws 1965, ch. 10, § 5; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-6, enacted by Laws 1969, ch. 89, § 1; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-7, enacted by Laws 1969, ch. 89, § 2; 1977, ch. 253, § 62; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-8, enacted by Laws 1969, ch. 89, § 3; repealed by Laws 2013, ch. 84, § 2.

History: 1953 Comp., § 54-8-9, enacted by Laws 1969, ch. 89, § 4; repealed by Laws 2013, ch. 84, § 2.

History: Laws 1901, ch. 45, § 1; Code 1915, § 558; C.S. 1929, § 19-114; Laws 1933, ch. 53, § 20; 1941, ch. 39, § 1; 1941 Comp., § 62-223; 1953 Comp., § 60-2-23; repealed by Laws 2013, ch. 84, § 2.

History: Laws 1901, ch. 45, § 2; Code 1915, § 559; C.S. 1929, § 19-115; 1941 Comp., § 62-224; 1953 Comp., § 60-2-24; repealed by Laws 2013, ch. 84, § 2.

As used in the Flour and Bread Act [25-5-1 to 25-5-9 NMSA 1978], unless the context otherwise requires: A. "flour" means foods commonly known in the milling and baking industries as: (1) white flour, also known as wheat flour or plain flour; (2) bromated flour; (3) self-rising fl…

Sections 25-5-1 through 25-5-9 NMSA 1978 may be cited as the "Flour and Bread Act". History: 1978 Comp., § 25-5-1.1, enacted by Laws 1982, ch. 73, § 15.

It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale, for human consumption in this state, flour (as defined in Section 1 [25-5-1 NMSA 1978]) unless the following vitamins and minerals are contained in each pound of such flour: not less than t…

unlawful. It shall be unlawful for any person to manufacture, bake, sell or offer for sale, for human consumption in this state, any white bread or rolls (as defined in Section 1 [25-5- 1 NMSA 1978]) unless the following vitamins and minerals are contained in each pound of such b…

The division is hereby charged with the duty of enforcing the provisions of the Flour and Bread Act and rules, regulations and orders of the board promulgated pursuant to the Flour and Bread Act. History: 1953 Comp., § 54-1-23, enacted by Laws 1955, ch. 244, § 4; 1982, ch. 73, § …

A. Whenever the vitamin and mineral requirements set forth in Sections 25-5-2 and 25-5-3 NMSA 1978 are no longer in conformity with the legally established standards governing the interstate shipment of enriched flour and enriched white bread or enriched rolls, the board, in orde…

A. In the event of findings by the board that there is an existing or imminent shortage of any ingredient required by Section 25-5-2 or 25-5-3 NMSA 1978 and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement …

All orders, rules and regulations adopted by the board pursuant to this act [25-5-1 to 25-5-9 NMSA 1978] shall be published at least twice in at least one daily newspaper of general circulation printed and published in this state, and shall become effective upon such date after p…

For the purpose of the Flour and Bread Act, the director is authorized to take samples for analysis and to conduct examination and investigations and to enter, at reasonable times, any factory, mill, bakery, warehouse, shop or establishment where flour, white bread or rolls are m…

Any person who violates any of the provisions of this act [25-5-1 to 25-5-9 NMSA 1978] or the orders, rules or regulations promulgated by the board under authority thereof, shall upon conviction thereof be subjected to fine for each and every offense, in a sum not exceeding five …

This act [25-6-1 to 25-6-16 NMSA 1978] may be cited as the "Egg Grading Act." History: 1953 Comp., § 54-2-10, enacted by Laws 1963, ch. 138, § 1.

Each egg dealer or producer shall make quarterly reports to the department not later than thirty days after the end of March, June, September and December for the previous quarter showing the number of dozen eggs sold and remitting the fee as established by the board. The departm…

A. The board is empowered to adopt standards and to prescribe rules and regulations relating to the sale of eggs as it may deem necessary to carry into effect the lawful intent and meaning of the Egg Grading Act. The definitions and rules and regulations when adopted and publishe…

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

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 board shall have authority to establish the fee at their discretion, but in no case shall the fee exceed one-half cent per dozen. The fee shall be paid by th…

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…