2018 New Mexico Statutes
Chapter 25 - Food
Article 1 - Food Service Sanitation
Section 25-1-5 - Optional powers.
A. The board may establish a system of grading food service establishments for the purpose of certifying compliance with the Food Service Sanitation Act and regulations requiring food service establishments to display in a designated manner a grade as notice of compliance to the public. Such regulations shall include provisions for the revocation and reinstatement of the permit that are consistent with due process of law.
B. The board shall establish a schedule of fees for the issuance and renewal of permits issued by the division under the Food Service Sanitation Act. The board shall set the schedule of fees so that no fee established by such schedule shall be less than one hundred dollars ($100) or more than two hundred dollars ($200) annually for a food service establishment with not more than a twenty-five-dollar ($25.00) incremental increase per fiscal year. The board shall establish a separate schedule of fees not to exceed twenty-five dollars ($25.00) per single event or celebration per temporary food service establishment. Fees shall be waived for all temporary non-potentially hazardous food service operations, for any temporary food service establishment operating no more than two calendar days in any calendar month and for any food service establishment that provides food to the general public at no charge. Fees collected for the issuance and renewal of permits pursuant to the Food Service Sanitation Act shall be deposited in the food service sanitation fund.
History: 1953 Comp., § 54-3A-5, enacted by Laws 1977, ch. 309, § 5; 1989, ch. 197, § 3; 1991, ch. 94, § 1; 1993, ch. 100, § 1; 2005, ch. 218, § 1.
The 2005 amendment, effective June 17, 2005, increases limitation on permit fees in Subsection B from not less than $75 or more than $100 annually to not less than $100 or more than $200 annually with not more than a $25 incremental increase per fiscal year.
The 1993 amendment, effective March 31, 1993, in Subsection B, substituted "establishment" for "facility" in the fourth sentence and substituted the present fifth sentence, for the former fifth sentence, which read "Effective July 1, 1992, all fees collected for the issuance and renewal of permits under the Food Service Sanitation Act shall be deposited in the general fund."
The 1991 amendment, effective April 2, 1991, made minor stylistic changes in Subsection A, and, in Subsection B, added "and for any food service establishment that provides food to the general public at no charge" at the end of the fourth sentence and made a related stylistic change.
The 1989 amendment, effective June 16, 1989, designated the formerly undesignated provisions as Subsection A, and added Subsection B.
