Sections 1 through 19 [25-7A-1 to 25-7A-19 NMSA 1978] of this act may be cited as the “New Mexico Dairy Product Act”. History: Laws 1993, ch. 188, § 1. ANNOTATIONS Effective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, […]
A dairy product shall be deemed to be adulterated if: A. it bears or contains any poisonous or deleterious substance that may render it injurious to health, but, in case the substance is not an added substance, the dairy product shall not be considered adulterated under this subsection if the quantity of the substance in […]
A dairy product within a dairy establishment shall be deemed to be misbranded if: A. its labeling is false or misleading in any particular manner; B. it is offered for sale under the name of another dairy product; C. it is an imitation of another dairy product, unless its label bears, in type of uniform […]
A. Whenever the board finds after investigation that the distribution in New Mexico of any class of dairy product may, by reason of contamination with microorganisms during manufacture, processing or packing in any locality, be injurious to health and that such injurious nature cannot be adequately determined after the dairy product has entered commerce, it […]
Any poisonous or deleterious substance added to any dairy product, except where the substance is required in production or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of Subsection B of Section 10 [25-7A-10 NMSA 1978] of the New Mexico Dairy Product Act; but when […]
A. An advertisement of a dairy product is deemed to be false if it is false or misleading in any particular manner. B. If a dairy product is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the […]
The authority to promulgate regulations after public hearing for the efficient enforcement of the New Mexico Dairy Product Act is vested in the board. The board is authorized to make the regulations promulgated under the federal act. History: Laws 1993, ch. 188, § 15. ANNOTATIONS Effective dates. — Laws 1993, ch. 188 contained no effective […]
The director shall have free access at all reasonable hours to any dairy establishment in which dairy products are manufactured, processed, packed or held for introduction into commerce or to enter any vehicle being used to transport or hold such dairy products in commerce for the purpose: A. of inspecting the dairy establishment or vehicle […]
A. The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders that have been rendered under the New Mexico Dairy Product Act, including the nature of the charge and the disposition of the charge. B. The director may also cause to be disseminated such information regarding […]
The department may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state. History: Laws 1993, ch. 188, § 18. ANNOTATIONS Effective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. […]
The scientific laboratory division of the department of health shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of the New Mexico Dairy Product Act. History: Laws 1993, ch. 188, § 19. ANNOTATIONS Effective dates. — Laws 1993, ch. 188 contained no effective date provision, but, pursuant to N.M. […]
As used in the New Mexico Dairy Product Act: A. “advertisement” means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food; B. “board” means the board of regents of New Mexico state […]
The following acts and the causing of these acts within the state by any dairy establishment are prohibited: A. the manufacture, sale or delivery or holding or offering for sale of any dairy product that is adulterated or misbranded; B. the adulteration or misbranding of any dairy product; C. the receipt in commerce of any […]
In addition to the other remedies provided in the New Mexico Dairy Product Act, the department is 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 3 […]
A. The board shall establish a system of administrative penalties for violations of the New Mexico Dairy Product Act. The administrative penalties may be assessed by the director in lieu of or in addition to other penalties provided by statute. In establishing the system of administrative penalties, the board, after public notice and public hearing, […]
A. Whenever the director finds or has probable cause to believe that any dairy product within a dairy establishment is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of the New Mexico Dairy Product Act, he shall affix to such dairy product a tag or other appropriate marking giving notice […]
It is 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 Dairy Product 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 Dairy Product Act shall be construed as requiring the director to report, for the institution of proceedings under the New Mexico Dairy Product 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. […]
Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall after public hearing promulgate regulations fixing and establishing for any dairy product or class of dairy products a reasonable definition and standard of identity or reasonable standard of quality or fill of […]
