The board shall promulgate procedural and substantive regulations consistent with the provisions of Section 74-1-9 NMSA 1978 and shall include provisions for: A. requiring food service establishments to prepare and serve food in a manner safe for human consumption, free from adulteration, spoilage, contamination and unwholesomeness, and, to accomplish this standard, the following areas of food service establishment operations shall be covered by the regulations: (1) disease control; (2) employee hygiene and sanitation; (3) food service establishment premises sanitation; (4) all aspects of food service establishment construction relating to food service sanitation, including requirements for food service establishment construction plans and specifications review and approval by the division; (5) control of pests and infestation by pests; (6) lavatory and toilet facility placement and sanitation; (7) lavatory hygiene; (8) food equipment and utensil design and construction; (9) food equipment and utensil storage and handling; (10) liquid and solid waste disposal; (11) food and drink preparation, handling, display and storage; (12) food service establishment ventilation; (13) water supply; (14) itinerant food service establishment construction and operation; and (15) any other facet of food service operations that reasonably may be considered to pose an existing or potential hazard to the health of the consuming public; provided that no regulation shall prohibit food service establishments from allowing pet dogs in designated outdoor dining areas; B. the issuance, suspension and revocation of permits required under the Food Service Sanitation Act, which regulations shall provide for prior notice to and a hearing for any applicant for or holder of a permit when the division-proposed action is to deny an application for or suspend or revoke a permit, except in those specified instances under the provisions of the Food Service Sanitation Act when the division is authorized to take any of the foregoing actions without prior notice and hearing; and C. establishing requirements for inspections of food service establishments, which shall include provisions for inspections at a frequency of at least once every twelve months. History: 1953 Comp., § 54-3A-4, enacted by Laws 1977, ch. 309, § 4; 2011, ch. 151, § 2. Cross references. — For provisions of the Environmental Improvement Act, see Chapter 74, Article 1 NMSA 1978. The 2011 amendment, effective July 1, 2011, in Subsection A, prohibited the board from adopting regulations that prohibit food service establishments from allowing pet dogs in designated outdoor dining areas. Religious groups are excluded from the definition of "food service establishments". — The environmental improvement board (board) is charged with executing the provisions of the Food Service Sanitation Act (act), 25-1-1 to 25-1-15 NMSA 1978, the purpose of which is to protect the public health by establishing standards and provisions for the regulation of food service establishments and by appropriate delegations of authority to the board and the New Mexico environment department to adopt and enforce regulations covering the environmental health aspects of food service establishments to assure that consumers are not exposed to adverse environmental health conditions arising out of the operations of food service establishments; in accordance with the act, the board adopted and incorporated, with certain limited modifications, the Food Code, a model code and reference document for state, city, county and tribal agencies that regulates food service operations and establishes practical, science-based guidance for mitigating risk factors that are known to cause or contribute to foodborne illness outbreaks associated with retail and foodservice establishments. Among the modifications to the Food Code, the board excluded from the definition of "food service establishment", religious groups and other charitable organizations, and therefore the environment department does not have jurisdiction to enforce the Food Code against churches conducting temporary events such as a rummage sale or a bake sale, provided the goods do not require time or temperature control for safety and are prepared in a private home kitchen for sale or service at a fundraising function. Application of the 2013 Food Code to Church Bake Sales (1/17/18), Att'y Gen. Adv. Ltr. 2018-02. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for injury or death allegedly caused by spoilage, contamination, or other deleterious condition of food or food product, 2 A.L.R.5th 1.
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