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" means:

(1) articles used for food or drink for man or animals;

(2) chewing gum; and

(3) articles used for components of food or drink or chewing gum for man or animals;

G. "label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made by or under authority of the New Mexico Food Act that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper;

H. "immediate container" does not include package liners;

I. "labeling" means all labels and other written, printed or graphic matter:

(1) upon an article or any of its containers or wrappers; or

(2) accompanying such article;

J. if an article 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 labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;

K. "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food;

L. "contaminated with filth" applies to any food not securely protected from dust, dirt and, so far as may be necessary by all reasonable means, from all foreign or injurious contaminations, or any food found to contain any dust, dirt, foreign or injurious contamination or infestation;

M. the provisions shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article and the supplying or applying of any such articles in the conduct of any food establishment; and

N. "federal act" means the Federal Food, Drug and Cosmetic Act, 21 USC § 301 et seq., the Federal Meat Inspection Act, 21 USC § 601 et seq. and the Federal Poultry Products Inspection Act, 21 USC § 451 et seq.

History: 1941 Comp., § 71-665, enacted by Laws 1951, ch. 169, § 2; 1953 Comp., § 54-1-2; Laws 1959, ch. 15, § 1; 1971, ch. 277, § 35; 1982, ch. 73, § 1; 1993, ch. 188, § 33.

Cross references. — For exemption of environmental improvement board from authority of secretary of environment, see 9-7A-12 NMSA 1978.

The 1993 amendment, effective June 18, 1993, added current Subsection B; redesignated former Subsections B through M as present Subsections C through N; substituted "department of environment" for "environmental improvement division of the health and environment department" in Subsection C; substituted "secretary of environment" for "director of the division" in Subsection D; and made a minor stylistic change in Subsection G.

Meat is food as defined in the New Mexico Food Act, and, therefore, the state health department (now department of health) has the power to protect the public from violations of the law. Nothing in the New Mexico Livestock Act grants the livestock board the powers granted to the health department in the New Mexico Food Act. 1967 Op. Att'y Gen. No. 67-115.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of laws or regulations requiring merchants to affix sale price to each item of consumer goods, 7 A.L.R.4th 792.