2021 New Mexico Statutes
Article 2 - Adulterated or Misbranded Food
Section 25-2-9 - Promulgation of definitions and standards by the board.

A. Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container or any combination of such requirements. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under the authority of the federal act.
B. In promulgating regulations pursuant to this section, the board shall follow the procedures set forth in Section 74-1-9 NMSA 1978.
History: 1941 Comp., § 71-672, enacted by Laws 1951, ch. 169, § 9; 1953 Comp., § 54-1-9; Laws 1982, ch. 73, § 7.
Cross references. — For revision of requirements for enriched flour and bread, see 25-5-5 NMSA 1978.
For provisions of the Environmental Improvement Act, see Chapter 74, Article 1 NMSA 1978.
For meaning of "federal act", see 25-2-2N 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.