2021 New Mexico Statutes
Article 2 - Adulterated or Misbranded Food
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 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 the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of the New Mexico Food Act is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director either orally or in writing, in person or by attorney with regard to such contemplated proceeding.
History: 1941 Comp., § 71-670, enacted by Laws 1951, ch. 169, § 7; 1953 Comp., § 54-1-7; Laws 1982, ch. 73, § 5.
Cross references. — For duties generally of attorney general, see 8-5-2 NMSA 1978.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 25 - Food

Article 2 - Adulterated or Misbranded Food

Section 25-2-1 - [Title of act.]

Section 25-2-2 - Definitions.

Section 25-2-3 - [Prohibited acts.]

Section 25-2-4 - Power to enjoin violations.

Section 25-2-5 - Penalties; exceptions.

Section 25-2-6 - Detention of food believed adulterated or misbranded; condemnation; destruction or correction of defect.

Section 25-2-7 - Attorney general or district attorney to institute prosecution; right to hearing before director prior to criminal prosecutions.

Section 25-2-8 - Minor violations of act; warning authorized.

Section 25-2-9 - Promulgation of definitions and standards by the board.

Section 25-2-10 - When food deemed adulterated.

Section 25-2-11 - [When food deemed misbranded.]

Section 25-2-12 - Manufacturing, packing and processing permits for certain classes of food; suspension; inspections.

Section 25-2-13 - Promulgating regulations governing the addition of any poisonous or deleterious substances in food.

Section 25-2-14 - [When advertising deemed false.]

Section 25-2-15 - Promulgating regulations; procedure.

Section 25-2-16 - Power to make inspections and secure samples.

Section 25-2-17 - Power of director to publish reports and disseminate information.

Section 25-2-18 - Personnel.

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

Section 25-2-20 - Dairy establishments exempt.

Section 25-2-21 - Homemade food items; exemption.