44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; CREATING THE DEPUTY SECRETARY FOR NUTRITION IN THE DEPARTMENT OF HEALTH; CREATING A COUNCIL; PROVIDING POWERS AND DUTIES; CREATING A FUND; INTERDICTING CERTAIN DELETERIOUS AND HARMFUL SUBSTANCES TO PROTECT NEW MEXICO'S FOOD SUPPLY; MAKING AN APPROPRIATION.

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

Section 1. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] PURPOSE.--The purpose of creating a deputy secretary for nutrition in the department of health is to create a position that will work to improve the quality of food grown or produced in, imported into New Mexico or exported from New Mexico, to control or label additives to food that are deleterious, harmful, genetically altered or irradiated, as well as to identify and investigate processes that when applied to foods are harmful."

Section 2. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in Sections 1 through 8 of this 1999 act:

A. "council" means the nutrition council;

B. "department" means the department of health; and

C. "deputy secretary" means the deputy secretary for nutrition in the department."

Section 3. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] DEPUTY SECRETARY FOR NUTRITION--APPOINTMENT.--The "deputy secretary for nutrition" is created in the department. He shall be appointed by the governor with the advice and consent of the senate, and he shall serve at the pleasure of the governor."

Section 4. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] DEPUTY SECRETARY FOR NUTRITION--DUTIES.--

A. The deputy secretary shall, at the direction of the secretary of health:

(1) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law relating to nutrition for which administration or execution the deputy secretary is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

(2) conduct research and studies that will improve the operations of the department relating to nutrition programs and the provision of nutrition services to the citizens of the state;

(3) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of nutrition programs with the objective of improving the operations and efficiency of administration;

(4) prepare an annual budget for the nutrition programs; and

(5) convene the council and seek its advice, recommendations and assistance as the deputy secretary deems appropriate.

B. The deputy secretary may:

(1) apply for and receive, with the governor's or the secretary of health's approval, in the name of the department any public or private funds, including United States government funds, available to the department to carry out its nutrition programs, duties or services; and

(2) make and adopt such reasonable and procedural rules as may be necessary to carry out the duties related to nutrition programs. No rule promulgated by the deputy secretary shall be effective until approved by the secretary of health unless otherwise provided by statute. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the deputy secretary or a hearing officer designated by him. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act."

Section 5. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] EXAMINATION AND INTERDICTION TO PROTECT FOOD SUPPLY.--The department, in order to protect the quality of New Mexico's food supply, shall:

A. examine New Mexico's food and food supply and recommend to the legislature annually foods and food processes that should be interdicted or clearly labeled because of deleterious compounds, carcinogens, irradiation or genetic alteration;

B. recommend to the legislature annually pesticides, herbicides, carcinogens and other deleterious and harmful substances and toxic and potentially toxic compounds that should be banned from or clearly identified in all food grown in, sold in or imported into New Mexico;

C. in coordination with the New Mexico department of agriculture, inspect any food production facility, grocery store, feed lot or growing field to obtain samples for testing; and

D. recommend to the attorney general that lawsuits be brought against food polluters if illness or other damages result from human ingestion, and provide the attorney general with medical, biochemical and toxicological evidence and precedents to support the recommended lawsuits."

Section 6. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] FOOD AND NUTRITION STANDARDS.--The department, in conjunction with the attorney general's office, shall investigate the state's ability to create a higher standard for nutrition in New Mexico than that established by the United States food and drug administration or the United States department of agriculture. If the department and the attorney general agree that New Mexico may implement a higher standard for nutrition, the department, upon recommendation of the council, shall establish a higher standard."

Section 7. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] FUND CREATED.--The "nutrition fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations, bequests and settlements and awards from court cases filed in the name of the state against food polluters. The fund shall be administered by the department. Money in the fund is subject to appropriation by the legislature. Expenditures shall be made on warrant of the secretary of finance and administration on vouchers signed by the deputy secretary or his designated representative. In order to free the department's nutrition programs from any and all influences by corporations and their lobby groups, all gifts and contributions to the fund shall be scrutinized by the council."

Section 8. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] ADVISORY NUTRITION COUNCIL--CREATED--MEMBERSHIP--POWERS AND DUTIES.--

A. The "nutrition council" is created as an advisory council to the department. The council is composed of the following members:

(1) the assistant attorney general for consumer protection or his designee;

(2) the deputy secretary or his designee;

(3) the superintendent of public instruction or his designee;

(4) the following members appointed by the governor, who serve at the pleasure of the governor:

(a) one pediatrician;

(b) one oncologist;

(c) one cardiologist;

(d) one toxicologist;

(e) one doctorate-level biochemist and nutritionist;

(f) one farmer; and

(g) one public member who is appointed on the basis of active involvement in the area of nutrition.

B. Members of the council who are not paid by taxpayer funds may receive per diem and mileage expenses pursuant to the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.

C. The council shall annually elect a chairman and vice chairman. The council shall meet at the call of the chairman or a majority of the members.

D. The council shall:

(1) review the decisions of the deputy secretary on matters of nutrition, including what constitutes "deleterious and harmful", "toxic and potentially toxic", "carcinogenic", "genetically altered" and "irradiated food", in addition to advising the department on areas of concern, such as diabetes on the Indian pueblos and reservations and induced hyperactivity and attention deficit disorders in children resulting from their ingestion of monosodium glutamate and exitotoxins, and others areas deemed important for department focus;

(2) make recommendations on ways and means to improve nutrition in New Mexico;

(3) assist the department in developing and disseminating educational materials on nutrition and on toxic and potentially toxic additives to foods;

(4) through the department, advise all public school districts on the development of nutrition courses that are grade specific and, in coordination with the superintendent of public instruction, require particular texts in the field of nutrition, preventive cardiology, preventive oncology and preventive toxicology for New Mexico secondary school students;

(5) develop a nutrition questionnaire to be sent to every student in New Mexico that will be used by the department to build a nutrition database; and

(6) investigate the quality of public school lunch programs on a district-by-district basis and, upon a finding that a program contains deleterious and harmful additives, shall recommend to the superintendent of public instruction that the use of those additives be discontinued and the sources of food for the school lunch programs be improved."

Section 9. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2000 for the purpose of carrying out the provisions of this 1999 act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.