2021 New Mexico Statutes
Chapter 25 - Food

Section 25-1-10 - Proceeding under New Mexico Food Act authorized when adulterated or misbranded food found during inspection. - Whenever, during an inspection authorized under the Food Service Sanitation...

Section 25-1-11 - Judicial review of board and division actions. - A. Rules adopted by the board are subject to judicial...

Section 25-1-12 - Enforcement. - A. The agency may seek relief in district court to...

Section 25-1-13 - Disease control. - The board shall promulgate regulations to insure that a person...

Section 25-1-14 - Repealed. - Repeals. — Laws 1989, ch. 197, § 5 repealed 25-1-14...

Section 25-1-15 - Pet dogs in outdoor dining areas; requirements. - A. A food service establishment may allow pet dogs in...

Section 25-1-16 - Homemade food items; exemption. - Other than enforcement actions pursuant to Section 25-1-10 NMSA 1978,...

Article 2 - Adulterated or Misbranded Food

Section 25-2-1 - [Title of act.] - This act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978] may...

Section 25-2-2 - Definitions. - For the purpose of the New Mexico Food Act: A....

Section 25-2-3 - [Prohibited acts.] - The following acts and the causing thereof within the state...

Section 25-2-4 - Power to enjoin violations. - In addition to the remedies hereinafter provided, the division is...

Section 25-2-5 - Penalties; exceptions. - A. Any person who violates any of the provisions of...

Section 25-2-6 - Detention of food believed adulterated or misbranded; condemnation; destruction or correction of defect. - A. Whenever the director finds or has probable cause to...

Section 25-2-7 - Attorney general or district attorney to institute prosecution; right to hearing before director prior to criminal prosecutions. - It shall be the duty of the attorney general or...

Section 25-2-8 - Minor violations of act; warning authorized. - Nothing in the New Mexico Food Act shall be construed...

Section 25-2-9 - Promulgation of definitions and standards by the board. - A. Whenever in the judgment of the board such action...

Section 25-2-10 - When food deemed adulterated. - A food shall be deemed to be adulterated: A. (1)...

Section 25-2-11 - [When food deemed misbranded.] - A food shall be deemed to be misbranded: A. if...

Section 25-2-12 - Manufacturing, packing and processing permits for certain classes of food; suspension; inspections. - A. Whenever the board finds after investigation that the distribution...

Section 25-2-13 - Promulgating regulations governing the addition of any poisonous or deleterious substances in food. - A. Any poisonous or deleterious substance added to any food,...

Section 25-2-14 - [When advertising deemed false.] - An advertisement of a food shall be deemed to be...

Section 25-2-15 - Promulgating regulations; procedure. - A. The authority to promulgate regulations for the efficient enforcement...

Section 25-2-16 - Power to make inspections and secure samples. - The director shall have free access at all reasonable hours...

Section 25-2-17 - Power of director to publish reports and disseminate information. - A. The director may cause to be published from time...

Section 25-2-18 - Personnel. - The division shall employ such personnel for the administration and...

Section 25-2-19 - [New Mexico public health laboratory to serve as testing laboratory.] - The New Mexico public health laboratory shall serve as the...

Section 25-2-20 - Dairy establishments exempt. - The purposes and provisions of the New Mexico Food Act...

Section 25-2-21 - Homemade food items; exemption. - Other than actions pursuant to Section 25-2-6 NMSA 1978, the...

Article 3 - Meat and Meat Products (Repealed.)

Section 25-3-1 - Repealed. - History: 1953 Comp., § 54-8-1, enacted by Laws 1965, ch....

Section 25-3-2 - Repealed. - History: 1953 Comp., § 54-8-2, enacted by Laws 1965, ch....

Section 25-3-3 - Repealed. - History: 1953 Comp., § 54-8-3, enacted by Laws 1965, ch....

Section 25-3-4 - Repealed. - History: 1953 Comp., § 54-8-4, enacted by Laws 1965, ch....

Section 25-3-5 - Repealed. - History: 1953 Comp., § 54-8-5, enacted by Laws 1965, ch....

Section 25-3-6 - Repealed. - History: 1953 Comp., § 54-8-6, enacted by Laws 1969, ch....

Section 25-3-7 - Repealed. - History: 1953 Comp., § 54-8-7, enacted by Laws 1969, ch....

Section 25-3-8 - Repealed. - History: 1953 Comp., § 54-8-8, enacted by Laws 1969, ch....

Section 25-3-9 - Repealed. - History: 1953 Comp., § 54-8-9, enacted by Laws 1969, ch....

Section 25-3-10 - Repealed. - History: 1953 Comp., § 54-8-10, enacted by Laws 1969, ch....

Section 25-3-11 - Repealed. - History: 1953 Comp., § 54-8-11, enacted by Laws 1969, ch....

Section 25-3-12 - Repealed. - History: 1953 Comp., § 54-8-12, enacted by Laws 1969, ch....

Section 25-3-13 - Repealed. - History: 1953 Comp., § 54-8-13, enacted by Laws 1969, ch....

Section 25-3-14 - Repealed. - History: 1953 Comp., § 54-8-14, enacted by Laws 1969, ch....

Section 25-3-15 - Repealed. - History: 1953 Comp., § 54-8-15, enacted by Laws 1969, ch....

Section 25-3-16 - Repealed. - History: 1953 Comp., § 54-8-16, enacted by Laws 1969, ch....

Section 25-3-17 - Repealed. - History: 1953 Comp., § 54-8-17, enacted by Laws 1969, ch....

Section 25-3-18 - Repealed. - History: 1953 Comp., § 54-8-18, enacted by Laws 1969, ch....

Section 25-3-19 - Repealed. - History: 1953 Comp., § 54-8-19, enacted by Laws 1969, ch....

Section 25-3-20 - Repealed. - History: 1953 Comp., § 54-8-20, enacted by Laws 1969, ch....

Section 25-3-21 - Repealed. - History: 1953 Comp., § 54-8-21, enacted by Laws 1969, ch....

Article 4 - Peddlers and Itinerant Vendors (Repealed.)

Section 25-4-1 - Repealed. - History: Laws 1901, ch. 45, § 1; Code 1915, §...

Section 25-4-2 - Repealed. - History: Laws 1901, ch. 45, § 2; Code 1915, §...

Article 5 - Flour and Bread

Section 25-5-1 - Definitions. - As used in the Flour and Bread Act [25-5-1 to...

Section 25-5-1.1 - Short title. - Sections 25-5-1 through 25-5-9 NMSA 1978 may be cited as...

Section 25-5-2 - Manufacture or sale of unenriched flour unlawful. - It shall be unlawful for any person to manufacture, mix,...

Section 25-5-3 - Manufacture or sale of bread and rolls from unenriched flour unlawful. - It shall be unlawful for any person to manufacture, bake,...

Section 25-5-4 - Division; duty to enforce. - The division is hereby charged with the duty of enforcing...

Section 25-5-5 - Board; revision of requirements. - A. Whenever the vitamin and mineral requirements set forth in...

Section 25-5-6 - Board; power to adjust in case of shortage. - A. In the event of findings by the board that...

Section 25-5-7 - Publication of regulations. - All orders, rules and regulations adopted by the board pursuant...

Section 25-5-8 - Inspection by director. - For the purpose of the Flour and Bread Act, the...

Section 25-5-9 - Penalty. - Any person who violates any of the provisions of this...

Article 6 - Egg Grading

Section 25-6-1 - Short title. - This act [25-6-1 to 25-6-16 NMSA 1978] may be cited...

Section 25-6-2 - Definitions. - As used in the Egg Grading Act: A. "egg dealer"...

Section 25-6-3 - Purpose of the act. - The purpose of the Egg Grading Act is to assure...

Section 25-6-4 - Labeling, marking and advertising eggs. - It is unlawful: A. to offer eggs for sale in...

Section 25-6-5 - Standards for eggs. - The New Mexico consumer grades for eggs shall be as...

Section 25-6-6 - Exemptions. - The Egg Grading Act shall not apply to any person...

Section 25-6-7 - Sale of ungraded eggs. - A. Retailers may sell the eggs specified in Section 25-6-6...

Section 25-6-8 - Enforcement; administration. - The department under the guidance and control of the board...

Section 25-6-9 - Egg inspection fee. - The Egg Grading Act shall be financed in part by...

Section 25-6-10 - Payment of the inspection fee. - Each egg dealer or producer shall make quarterly reports to...

Section 25-6-11 - Powers of the board and department. - A. The board is empowered to adopt standards and to...

Section 25-6-12 - Certification of dealers. - A. A small dealer's license is required of any person,...

Section 25-6-13 - Additional violations. - It is unlawful: A. for any person, with the exception...

Section 25-6-14 - Injunction. - In addition to the remedies provided in the Egg Grading...

Section 25-6-15 - Seizure and holding of eggs. - The department may seize or hold as evidence any container...

Section 25-6-16 - Penalties. - A. Any person violating any provisions of the Egg Grading...

Article 7 - Dairy Products

Section 25-7-1 - Short title. - This act [25-7-1 to 25-7-8 NMSA 1978] may be cited...

Section 25-7-2 - Definitions. - As used in the Dairy Act: A. "board" means the...

Section 25-7-3 - Administration and enforcement of act. - The Dairy Act shall be administered and enforced by the...

Section 25-7-4 - Standards for testing. - The board shall determine and prescribe the acceptable standards of...

Section 25-7-5 - Standards of milk and other dairy products. - The board shall determine and prescribe the standards of physical...

Section 25-7-6 - Adulterated or mislabeled products and stop-sale orders. - It is unlawful for any person to sell or offer...

Section 25-7-7 - Regulations. - In order to enforce the Dairy Act, the board may...

Section 25-7-8 - Penalty. - Any person who violates any of the provisions of the...

Article 7A - Dairy Products

Section 25-7A-1 - Short title. - Sections 1 through 19 [25-7A-1 to 25-7A-19 NMSA 1978] of...

Section 25-7A-2 - Definitions. - As used in the New Mexico Dairy Product Act: A....

Section 25-7A-3 - Prohibited acts. - The following acts and the causing of these acts within...

Section 25-7A-4 - Power to enjoin violations. - In addition to the other remedies provided in the New...

Section 25-7A-5 - Penalties; exceptions. - A. The board shall establish a system of administrative penalties...

Section 25-7A-6 - Detention of dairy products at a dairy establishment believed adulterated or misbranded; condemnation; destruction or correction of defect. - A. Whenever the director finds or has probable cause to...

Section 25-7A-7 - Attorney general or district attorney to institute prosecution; right to hearing before director prior to criminal prosecutions. - It is the duty of the attorney general or the...

Section 25-7A-8 - Minor violations; warning authorized. - Nothing in the New Mexico Dairy Product Act shall be...

Section 25-7A-9 - Promulgation of definitions and standards by the board. - Whenever in the judgment of the board such action will...

Section 25-7A-10 - Dairy products; adulterated. - A dairy product shall be deemed to be adulterated if:...

Section 25-7A-11 - Misbranded dairy product. - A dairy product within a dairy establishment shall be deemed...

Section 25-7A-12 - Manufacturing, packing and processing permits for certain classes of dairy products; suspension; inspections. - A. Whenever the board finds after investigation that the distribution...

Section 25-7A-13 - Promulgating regulations governing the addition of any poisonous or deleterious substances in dairy products. - Any poisonous or deleterious substance added to any dairy product,...

Section 25-7A-14 - False advertising. - A. An advertisement of a dairy product is deemed to...

Section 25-7A-15 - Promulgating regulations; procedure. - The authority to promulgate regulations after public hearing for the...

Section 25-7A-16 - Power to make inspections and secure samples within dairy establishments. - The director shall have free access at all reasonable hours...

Section 25-7A-17 - Power of director to publish reports and disseminate information. - A. The director may cause to be published from time...

Section 25-7A-18 - Cooperation. - The department may cooperate, receive grants-in-aid and enter into cooperative...

Section 25-7A-19 - Scientific laboratory to serve as testing laboratory. - The scientific laboratory division of the department of health shall...

Article 7B - Dairy Establishment Sanitation

Section 25-7B-1 - Short title. - Sections 20 through 30 [25-7B-1 to 25-7B-11 NMSA 1978] of...

Section 25-7B-2 - Purpose. - The purpose of the Dairy Establishment Sanitation Act is to...

Section 25-7B-3 - Definitions. - As used in the Dairy Establishment Sanitation Act: A. "board"...

Section 25-7B-4 - Board; regulations; department; powers and duties. - The board shall promulgate procedural and substantive regulations to provide:...

Section 25-7B-5 - Department; powers and duties. - A. The department is authorized and has the duty to...

Section 25-7B-6 - Permits; permit required; application; revocation; suspension. - A. No person may operate a dairy establishment unless he...

Section 25-7B-7 - Inspection by department. - A. The department shall inspect dairy establishments to determine compliance...

Section 25-7B-8 - Immediate suspension of permit by department. - The department may suspend a permit immediately without prior notice...

Section 25-7B-9 - Judicial review of department actions. - Any person to whom the department denies a permit or...

Section 25-7B-10 - Enforcement; administrative penalties. - A. The department may seek relief in district court to...

Section 25-7B-11 - Disease control. - The department shall promulgate regulations to ensure that a person...

Article 8 - Raw Milk

Section 25-8-1 - Raw milk sold at retail; standards. - Raw milk sold by a retailer must meet all standards...

Section 25-8-2 - Enforcement. - If, as a result of investigation, the environmental improvement agency...

Section 25-8-3 - Penalty; civil. - Any person who violates any provision of Section 1 [25-8-1...

Article 9 - Imitation Honey (Repealed.)

Section 25-9-1 - Repealed. - History: 1953 Comp., § 49-16-1, enacted by Laws 1977, ch....

Section 25-9-2 - Repealed. - History: 1953 Comp., § 49-16-2, enacted by Laws 1977, ch....

Section 25-9-3 - Repealed. - History: 1953 Comp., § 49-16-3, enacted by Laws 1977, ch....

Section 25-9-4 - Repealed. - History: 1953 Comp., § 49-16-4, enacted by Laws 1977, ch....

Section 25-9-5 - Repealed. - History: 1953 Comp., § 49-16-5, enacted by Laws 1977, ch....

Article 10 - Pinon Nuts

Section 25-10-1 - Short title. - This act [25-10-1 to 25-10-5 NMSA 1978] may be cited...

Section 25-10-2 - Unlawful labeling, advertising or selling of products as pinon nuts. - A. It is unlawful for any person to package any...

Section 25-10-3 - Enforcement. - A. The board of regents of New Mexico state university...

Section 25-10-4 - Genetic research program initiated. - New Mexico state university shall: A. devote an appropriate portion...

Section 25-10-5 - Penalty. - Any person who violates the provisions of the Pinon Nut...

Article 11 - New Mexico Chile Advertising

Section 25-11-1 - Short title. - Chapter 25, Article 11 NMSA 1978 may be cited as...

Section 25-11-2 - Definitions. - As used in the New Mexico Chile Advertising Act: A....

Section 25-11-3 - Unlawful advertising, labeling or selling of non-New Mexico chile. - A. It is unlawful for a person to: (1) knowingly...

Section 25-11-4 - Administration; audit; inspection. - A. The board may: (1) enforce and administer the New...

Section 25-11-5 - Injunction. - In addition to any other remedy under law, the board...

Article 12 - Homemade Food

Section 25-12-1 - Short title. - Sections 1 through 5 [25-12-1 to 25-12-5 NMSA 1978] of...

Section 25-12-2 - Definitions. - As used in the Homemade Food Act: A. "department" means...

Section 25-12-3 - Homemade food items; licensing, permitting, inspection and labeling exemptions; requirements; investigations. - A. The production and sale of homemade food items shall...

Section 25-12-4 - Interpretation of act; consultations. - No provision of the Homemade Food Act shall be construed...

Section 25-12-5 - State preemption. - Except as otherwise provided in the Homemade Food Act, a...

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2021 New Mexico Statutes Chapter 25 - Food

2021 New Mexico Statutes
Chapter 25 - Food