The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- State
- Authority
- Food Service Sanitation Act, NMSA 1978, §§ 25-1-9, 25-1-12; Public Health Emergency Order of May 15, 2020 (Ex. NM-016); Executive Order 2020-030
- Issued
- 2020-05-22 May 22, 2020
- Effective
- 2020-05-22
- End
- Suspensions lifted upon cure, as the release provides (read as 2020-06-30)
- In force
- May 22, 2020 to June 30, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureOperating condition
- Addressees
- specified businesses: food service establishments
- Character
- enforcement record
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
The New Mexico Environment Department (NMED) suspended food permits from two restaurants that opened for dine-in service in violation of the Food Service and Sanitation Act.... Dine-in service is prohibited under the state's public health order.... The two restaurants must cease providing food service immediately. Failing to do so may result in legal action from the Department.
Penalty
Immediate permit suspension (§ 25-1-9); injunction and $500 per violation (§ 25-1-12)
What it required
Demonstrated that a restaurant's continued operation was conditional on compliance with the public health order, enforced through the standing permit statute rather than the emergency statutes alone, and that the Department would 'use all of its authorities' against a business 'present[ing] an imminent risk to public health.' Character as recorded: enforcement_record (press release; sanitary_code_duty layer).
Retrieval noteThe Department's own release PDF, still live on env.nm.gov. The release quotes the New Mexico Restaurant Association: it 'does not support restaurants opening against the Governor's orders.' Jalisco Cafe was later served a notice of contemplated action for $20,000 under § 12-10A-19 (Reeb ¶ 5, Ex. DUT-NM-012).