The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- State
- Authority
- Food Service Sanitation Act, NMSA 1978, Sections 25-1-1 to 25-1-16
- Effective
- standing throughout 2020-2021
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding dutyOperating condition
- Addressees
- specified businesses: food service establishments and their operators
- Character
- sanitary code duty
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
No person may operate a food service establishment unless he possesses a valid and unsuspended permit... The agency may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a food service establishment present a substantial danger of illness, serious physical harm or death to consumers...
Penalty
Immediate permit suspension (§ 25-1-9); injunction and civil penalty up to $500 for each violation, each violation a separate offense (§ 25-1-12); revocation (§ 25-1-7)
What it required
Conditioned every restaurant's operation on an unsuspended permit, authorized the Environment Department to suspend the permit immediately where conditions presented a substantial danger of illness, authorized injunctions and a $500 civil penalty for each violation, and required rules excluding workers with transmissible disease (§ 25-1-13; 7.6.2 NMAC); the vehicle by which NMED closed restaurants that opened for dine-in service against the public health orders (Exs. DUT-NM-015, DUT-NM-018).
Retrieval noteOfficial compilation of NMSA 1978 Chapter 25 (Food) from NMOneSource; Article 1 is the Food Service Sanitation Act. NMED's May 22, 2020 notices recite § 25-1-9 verbatim and warn of relief under § 25-1-12 (Ex. DUT-NM-018).