This act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978] may be cited as the New Mexico Food Act. History: 1941 Comp., § 71-664, enacted by Laws 1951, ch. 169, § 1; 1953 Comp., § 54-1-1. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler’s […]
A food shall be deemed to be adulterated: A. (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such […]
A food shall be deemed to be misbranded: A. if its labeling is false or misleading in any particular; B. if it is offered for sale under the name of another food; C. if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word, imitation […]
A. Whenever the board finds after investigation that the distribution in New Mexico of any class of food may, by reason of contamination with microorganisms during manufacture, processing or packing thereof in any locality, be injurious to health and that such injurious nature cannot be adequately determined after such articles have entered commerce, it then […]
A. Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of Paragraph (2) of Subsection A of Section 25-2-10 NMSA 1978; but when such substance is […]
An advertisement of a food shall be deemed to be false if it is false or misleading in any particular. History: 1941 Comp., § 71-677, enacted by Laws 1951, ch. 169, § 14; 1953 Comp., § 54-1-14. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the […]
A. The authority to promulgate regulations for the efficient enforcement of the New Mexico Food Act is hereby vested in the board. The board is hereby authorized to make the regulations promulgated under the federal act. B. In promulgating regulations pursuant to this section, the board shall follow the procedures set forth in Section 74-1-9 […]
The director shall have free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, processed, packed or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods in commerce for the purpose: A. of inspecting such factory, warehouse, establishment or […]
A. The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under the New Mexico Food Act, including the nature of the charge and the disposition thereof. B. The director may also cause to be disseminated such information regarding food as he […]
The division shall employ such personnel for the administration and enforcement of the provisions of the New Mexico Food Act, in the same manner that other public health personnel are now employed, as may be necessary and required. History: 1941 Comp., § 71-681, enacted by Laws 1951, ch. 169, § 19; 1953 Comp., § 54-1-18; […]
The New Mexico public health laboratory shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of this act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978]. History: 1941 Comp., § 71-682, enacted by Laws 1951, ch. 169, § 20; 1953 Comp., § 54-1-19. ANNOTATIONS Bracketed material. — The bracketed material […]
For the purpose of the New Mexico Food Act: A. “board” means the environmental improvement board; B. “dairy establishment” means a milk processing or milk producing facility; C. “division” means the department of environment; D. “director” means the secretary of environment or his authorized representative; E. “person” includes individual, partnership, corporation and association; F. “food” […]
The purposes and provisions of the New Mexico Food Act shall not apply to dairy establishments. History: Laws 1993, ch. 188, § 32. ANNOTATIONS Effective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1993, 90 days after adjournment […]
Other than actions pursuant to Section 25-2-6 NMSA 1978, the provisions of the New Mexico Food 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, § 7. ANNOTATIONS Effective dates. — Laws 2021, ch. 98, § 9 […]
The following acts and the causing thereof within the state of New Mexico are hereby prohibited: A. the manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded. B. the adulteration or misbranding of any food. C. the receipt in commerce of any food that is adulterated or […]
In addition to the remedies hereinafter provided, the division is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for such cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of Section 25-2-3 NMSA 1978, irrespective of whether or […]
A. Any person who violates any of the provisions of Section 25-2-3 NMSA 1978 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than ninety days or a fine of not more than one hundred dollars ($100) or both such imprisonment and fine; but if the […]
A. Whenever the director finds or has probable cause to believe that any food is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of the New Mexico Food Act, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected […]
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 […]
Nothing in the New Mexico Food Act shall be construed as requiring the director to report, for the institution of proceedings under the New Mexico Food Act, minor violations of that act whenever he believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. History: 1941 […]
