SENATE BILL 161

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Cliff R. Pirtle and Pat Woods

AN ACT

RELATING TO FOOD; DEEMING A FOOD PRODUCT MISBRANDED AS MILK IF THE PRODUCT DOES NOT CONSIST OF MILK FROM A LACTATING MAMMAL; AMENDING THE NEW MEXICO FOOD ACT; MAKING CONFORMING TECHNICAL CHANGES.

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

     SECTION 1. Section 25-2-11 NMSA 1978 (being Laws 1951, Chapter 169, Section 11) is amended to read:

     "25-2-11. WHEN FOOD DEEMED MISBRANDED.--A food shall be deemed to be misbranded:

          [(a)] A. if its labeling is false or misleading in any particular;

          [(b)] B. if it is offered for sale under the name of another food;

          [(c)] C. if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated;

          [(d)] D. if its container is so made, formed or filled as to be misleading;

          [(e)] E. if in package form, unless it bears a label containing:

                (1) the name and place of business of the manufacturer, packer or distributor; or

                (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided that under [clause (2) of] this paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the board;

          [(f)] F. if any word, statement or other information required by or under authority of [this] the New Mexico Food Act to appear on the label or labeling is not prominently placed [thereon] with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

          [(g)] G. if it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by Section [9] 25-2-9 NMSA 1978 unless:

                (1) it conforms to such definition and standard; and

                (2) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food;

          [(h)] H. if it purports to be or is represented as:

                (1) a food for which a standard of quality has been prescribed by regulations as provided by Section [9] 25-2-9 NMSA 1978 and its quality falls below [such] that standard unless its label bears in such manner and form as [such] the regulations specify a statement that it falls below [such] the standard; or

                (2) a food for which a standard [or standards] of fill of container [have] has been prescribed by regulation as provided by Section [9] 25-2-9 NMSA 1978 and it falls below the standard of fill of container applicable [thereto] to it, unless its label bears in such manner and form as [such] the regulations specify a statement that it falls below [such] the standard;

          [(i)] I. if it is not subject to the provisions of [paragraph (g)] Subsection G of this section, unless it bears labeling clearly giving:

                (1) the common or usual name of the food, if any [there be]; and

                (2) in case it is fabricated from two or more ingredients, the common or usual name of each [such] ingredient, except that spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings without naming each; provided that to the extent that compliance with the requirements of [clause (2) of] this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the board; and provided further that the requirements of [Clause (2) of] this paragraph shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed in an affidavit filed with the board;

          [(j)] J. if it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the board determines to be, and by regulations [prescribed] prescribes as, necessary in order to fully inform purchasers as to its value for such uses;

          [(k)] K. if it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with the requirements of this [paragraph] subsection is impracticable, exemptions shall be established by regulations promulgated by the board; or

          L. if its labeling contains the word "milk", its labeling implies the food contains milk or it is advertised, sold or offered for sale as milk but its ingredients do not consist of the whole, clean, lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy mammals."

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