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Ex. NM-041 Order Primary source read

Public Health Emergency Order of November 30, 2020 establishing the Red-Yellow-Green county-by-county framework

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Acting Secretary of Health Billy J. Jimenez · New Mexico (State)

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The COVID Project

The record

Jurisdiction
New Mexico
Level
State
Authority
Public Health Act; Public Health Emergency Response Act Sections 12-10A-1 to -19; EO 2020-004 as renewed (EO 2020-080)
Issued
2020-11-30 Nov. 30, 2020
Effective
2020-12-02 12:00 p.m. (read as 2020-12-02)
End
2020-12-30 (reissued Dec. 2, NM-042; Dec. 15, NM-046; Dec. 30, NM-047) (read as 2020-12-30)
In force
Dec. 2, 2020 to Dec. 30, 2020
Quarters
2020 Q4
Limitation types
Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Addressees
  • every business, house of worship and non-profit in every county by level
  • food and drink establishments
  • essential retail
  • close-contact businesses
  • lodging
  • private schools
  • all individuals
Functions reached
  • every function by level: DR
  • BA
  • SF
  • SL
  • FC
  • PE
  • WS
  • LG
  • OF
  • GATH
  • IN private schools
  • MASK
  • EMP
Collection
New Mexico NM

Operative words

Counties shall be categorized according to one of the following levels: Green Level... (a) [incidence no greater than 8 per 100,000 over 14 days] and (b) An average percent of positive COVID-19 test results over the most recent 14-day period less than or equal to 5%... Yellow Level [either metric]... Red Level — All other counties shall operate at the Red Level.... Green Level... all 'mass gatherings' of more than twenty (20) individuals are prohibited... [essential retail 50%; houses of worship 50%; lodging 75% certified / 40%; other businesses 50%] Yellow Level... more than ten (10) individuals are prohibited... [essential retail the lesser of 25% or 125 customers; houses of worship 25%; food and drink establishments close in-person service by 10:00 p.m.; lodging 60% / 25%; other businesses the lesser of 25% or 20 customers] Red Level... more than five (5) individuals are prohibited... [essential retail the lesser of 25% or 75 customers; no indoor dining, outdoor 25%; lodging 40% / 25%; other businesses the lesser of 25% or 10 customers]... Regardless of a county's level... (1)... all individuals shall wear a mask... 'Retail spaces' may not allow a person who is without a mask... to enter... (3) [four-rapid-response closures]... (3) Nothing in this Order is intended to restrain or preempt local authorities from enacting more stringent restrictions... (4) This Order shall take effect at 12:00 p.m. on December 2, 2020 and remain through December 30, 2020. Until that time, all restrictions, directives, and mandates set out in the November 18 Order shall remain in effect.... (6) Any and all State officials authorized by the Department of Health may enforce this Order by issuing a citation of violation, which may result in civil administrative penalties of up to $5,000 for each violation under NMSA 1978, Section 12-10A-19.

Enforcement

Para. 6: citation of violation; civil administrative penalties up to $5,000 per violation, NMSA 1978, Section 12-10A-19

Notes

32 of 33 counties were Red on Dec. 2, 2020 and 33 of 33 on Dec. 16 (Governor's map releases). The Dec. 16 amendment (NM-046) replaced the customer-count caps for essential retail with 50/33/25%.

Retrieval note

OCR read (33,115 characters).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.