Proceeding under New Mexico Food Act authorized when adulterated or misbranded food found during inspection.

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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 may proceed immediately to have the food detained, embargoed, destroyed or condemned under the provisions of Section 25-2-6 NMSA 1978.

History: 1953 Comp., § 54-3A-10, enacted by Laws 1977, ch. 309, § 10.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — Federal Food, Drug and Cosmetic Act: construction and application of § 402(a)(3) [21 U.S.C. § 342(a)(3)] as to food deemed "adulterated," if it is filthy or the like, or unfit for food, 45 A.L.R.2d 861.

Coloring matter as forbidden adulteration of food, 56 A.L.R.2d 1129.


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