HOUSE BILL 461

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Larry A. Larrañaga

AN ACT

RELATING TO FOOD SAFETY; EXEMPTING CERTAIN ORGANIZATIONS FROM THE FOOD SERVICE SANITATION ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Food Service Sanitation Act is enacted to read:

     "[NEW MATERIAL] EXEMPTIONS--DEFINITIONS.--

          A. The provisions of the Food Service Sanitation Act shall not apply to charitable organizations, chartered branches, lodges or chapters of a national or state organization, educational organizations, environmental organizations, fraternal organizations, religious organizations or veterans' organizations that provide food to the general public on six or fewer occasions during a calendar year.

          B. As used in this section:

                (1) "charitable organization" means an organization, not for pecuniary profit, that is operated for the relief of poverty, distress or other condition of public concern in New Mexico and that has been granted an exemption from federal income tax as an organization described in Section 501(c) of the United States Internal Revenue Code of 1986, as amended or renumbered;

                (2) "chartered branch, lodge or chapter of a national or state organization" means a branch, lodge or chapter that is a civic or service organization, not for pecuniary profit, and that is authorized by its written constitution, charter, articles of incorporation or bylaws to engage in a fraternal, civic or service purpose in New Mexico;

                (3) "educational organization" means an organization within the state, including recognized student organizations, not for pecuniary profit, whose primary purpose is educational in nature and designed to develop the capabilities of individuals by instruction;

                (4) "environmental organization" means an organization within the state, not organized for pecuniary profit, that is primarily concerned with the protection and preservation of the natural environment;

                (5) "fraternal organization" means an organization within the state, not for pecuniary profit, that is a branch, lodge or chapter of a national or state organization and that exists for the common business, brotherhood or other interests of its members;

                (6) "religious organization" means an organization, church, body of communicants or group, not for pecuniary profit, gathered in common membership for mutual support and edification in piety, worship and religious observances or a society, not for pecuniary profit, of individuals united for religious purposes at a definite place; and

                (7) "veterans' organization" means an organization within the state or any branch, lodge or chapter of a national or state organization within this state, not for pecuniary profit, the membership of which consists of individuals who were members of the armed services or forces of the United States."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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