Food and merchandise; regulation and inspection.

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A. A municipality may regulate the sale of food and drink, and may provide for the place and manner of selling food.

B. A municipality may provide for the:

(1) inspection and regulation of food;

(2) regulation, inspection, weighing and measuring of any article of merchandise;

(3) inspection and sealing of weights and measures; and

(4) enforcement and use of proper weights and measures by vendors.

History: 1953 Comp., § 14-17-10, enacted by Laws 1965, ch. 300.

ANNOTATIONS

Cross references. — For standards of weights and measures, see 57-17-1 NMSA 1978 et seq.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Food §§ 2 et seq., 33, 34; 79 Am. Jur. 2d Weights and Measures § 5.

Validity of statute or ordinance interfering with privacy in restaurants, 5 A.L.R. 965.

Validity of statute or ordinance requiring commodities to be sold in a specified quantity or weight, 6 A.L.R. 429, 90 A.L.R. 1290.

"Food," within meaning of statute, 17 A.L.R. 1282.

Place of sale, validity of statute or ordinance relating to place of sale of food, 52 A.L.R. 669.

Milk, construction and application of regulations as to, 122 A.L.R. 1062.

Food sold at retail, validity, construction and application of statutes or ordinances relating to inspection of, 127 A.L.R. 322.

Ignorance or mistake of fact, lack of criminal intent or presence of good faith, penal offense predicated on violation of food law as affected by, 152 A.L.R. 755.

Discrimination as regards closing hours as between restaurants or eating places in ordinances respecting them, 169 A.L.R. 976.

Authorization, prohibition or regulation by municipality of the sale of merchandise on streets or highways or their use for such purpose, 14 A.L.R.3d 896.

Kosher food, validity and construction of regulations dealing with misrepresentation in the sale of, 52 A.L.R.3d 959.

36A C.J.S. Food § 3; 94 C.J.S. Weights and Measures §§ 2 to 10.


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