Chapter 25, Article 1 NMSA 1978 may be cited as the “Food Service Sanitation Act”. History: 1953 Comp., § 54-3A-1, enacted by Laws 1977, ch. 309, § 1; 1989, ch. 197, § 1. ANNOTATIONS The 1989 amendment, effective June 16, 1989, substituted “Chapter 25, Article 1 NMSA 1978” for “This act”.
Whenever, during an inspection authorized under the Food Service Sanitation Act, the agency finds or has probable cause to believe that any food on the food service establishment premises is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of the New Mexico Food Act [25-2-1 to 25-2-20 NMSA 1978], it […]
A. Rules adopted by the board are subject to judicial review under the provisions of Section 74-1-9 NMSA 1978. B. Any person to whom the division denies a permit or whose permit is suspended or revoked by the division may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: […]
A. The agency may seek relief in district court to enjoin the operation of any food service establishment not complying with the Food Service Sanitation Act or any regulation adopted under that act. B. In addition to granting injunctive relief, the district court may impose a civil penalty not exceeding five hundred dollars ($500) on […]
The board shall promulgate regulations to insure that a person with a disease which can reasonably be expected to be transmitted to other persons shall not work in a food service establishment. History: 1953 Comp., § 54-3A-13, enacted by Laws 1977, ch. 309, § 13.
ANNOTATIONS Repeals. — Laws 1989, ch. 197, § 5 repealed 25-1-14 NMSA 1978, as enacted by Laws 1989, ch. 197, § 4, relating to food service sanitation fund, effective July 1, 1992.
A. A food service establishment may allow pet dogs in designated outdoor dining areas of the establishment if the following requirements are met: (1) no pet dog shall be allowed in any area where food is prepared; (2) patrons shall keep their pet dogs on a leash at all times and keep their pet dogs […]
Other than enforcement actions pursuant to Section 25-1-10 NMSA 1978, the provisions of the Food Service Sanitation Act shall not apply to homemade food items produced or sold pursuant to the Homemade Food Act [25-12-1 to 25-12-5 NMSA 1978]. History: Laws 2021, ch. 98, § 6. ANNOTATIONS Effective dates. — Laws 2021, ch. 98, § […]
A. The agency is authorized and has the duty to execute any provisions of the Food Service Sanitation Act delegated to it under that act or by the board under authority of that act and specifically is directed to administer and enforce the provisions of regulations adopted under it. B. The director of the agency […]
A. No person may operate a food service establishment unless he possesses a valid and unsuspended permit issued by the agency in accordance with the Food Service Sanitation Act and the regulations adopted under it. The permit shall be posted in a conspicuous place within the food service establishment. No person may display a permit […]
A. The agency shall inspect food service establishments to determine compliance or lack of compliance with the Food Service Sanitation Act and regulations of the board. The procedures for inspection shall be in accordance with regulations of the board. Upon request by the agency to a food service establishment operator or to his employee or […]
The agency may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a food service establishment present a substantial danger of illness, serious physical harm or death to consumers who might patronize the food service establishment. A suspension action taken under this section […]
