2011 New Mexico Statutes
Chapter 25: Food
Article 7B: Dairy Establishment Sanitation, 25-7B-1 through 25-7B-11
Section 25-7B-10: Enforcement; administrative penalties.
25-7B-10. Enforcement; administrative penalties.
A. The department may seek relief in district court to enjoin the operation of any dairy establishment not complying with the Dairy Establishment Sanitation Act [25-7B-1 to 25-7B-11 NMSA 1978] or any regulation adopted under that act.
B. The board shall establish a system of administrative penalties for violations of the Dairy Establishment Sanitation Act. The administrative penalties may be assessed by the director in lieu of or in addition to other penalties provided by statute. In establishing the system of administrative penalties, the board, after public notice and public hearing, shall adopt regulations that meet the following minimum requirements:
(1) the maximum amount of any administrative penalty shall not exceed one thousand dollars ($1,000) for any one violation of the Dairy Establishment Sanitation Act by any person; and
(2) violations for which administrative penalties may be assessed shall be clearly defined, along with a scale of administrative penalties relating the amount of the administrative penalty to the severity and frequency of the violation.
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