{"id":"DUT-NM-008","kind":"duty","level":"state","jurisdiction":"New Mexico","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of New Mexico (Food Service Sanitation Act, administered by the Environment Department, Environmental Health Bureau)","authority":"Food Service Sanitation Act, NMSA 1978, Sections 25-1-1 to 25-1-16","instrument":"NMSA 1978, Sections 25-1-7 (Permits), 25-1-9 (Immediate suspension of permit by agency), 25-1-12 (Enforcement) and 25-1-13 (Disease control)","title":"Food Service Sanitation Act: no operation without a valid and unsuspended permit; immediate suspension for conditions presenting a substantial danger of illness; injunction and civil penalty; exclusion of infectious workers","dateIssued":"","effective":"standing throughout 2020-2021","end":"standing","startDate":"","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","CLOSE"],"addressees":["specified businesses: food service establishments and their operators"],"clause":"No person may operate a food service establishment unless he possesses a valid and unsuspended permit... The agency may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a food service establishment present a substantial danger of illness, serious physical harm or death to consumers...","enforcement":"Immediate permit suspension (§ 25-1-9); injunction and civil penalty up to $500 for each violation, each violation a separate offense (§ 25-1-12); revocation (§ 25-1-7)","functions":[],"notes":"Conditioned every restaurant\u0027s operation on an unsuspended permit, authorized the Environment Department to suspend the permit immediately where conditions presented a substantial danger of illness, authorized injunctions and a $500 civil penalty for each violation, and required rules excluding workers with transmissible disease (§ 25-1-13; 7.6.2 NMAC); the vehicle by which NMED closed restaurants that opened for dine-in service against the public health orders (Exs. DUT-NM-015, DUT-NM-018).","sourceUrl":"https://nmonesource.com/nmos/nmsa/en/4391/1/document.do","snapshot":"","fileExists":true,"fileBytes":574780,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-NM","url":"/library/DUT-NM-008","exhibitUrl":"/exhibit/DUT-NM-008","citation":"Legislature of New Mexico (Food Service Sanitation Act, administered by the Environment Department, Environmental Health Bureau), NMSA 1978, Sections 25-1-7 (Permits), 25-1-9 (Immediate suspension of permit by agency), 25-1-12 (Enforcement) and 25-1-13 (Disease control) (standing) (Ex. DUT-NM-008)","stateName":"New Mexico","related":["DUT-NM-015","DUT-NM-018"]}