2018 New Mexico Statutes
Chapter 25 - Food
Article 1 - Food Service Sanitation
Section 25-1-9 - Immediate suspension of permit by agency.
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 who might patronize the food service establishment. A suspension action taken under this section is effective when communicated to the food service establishment operator or any employee or agent of the operator who is in charge of the premises involved. If there is no designated employee or agent in charge of the premises, communication to any employee physically present on the premises is sufficient communication to make the suspension effective. No suspension action taken under this section shall continue beyond the time that the conditions causing the suspension cease to exist, as determined by an inspection by the agency at the request of the food service operator.
History: 1953 Comp., § 54-3A-9, enacted by Laws 1977, ch. 309, § 9.
Operator ordinarily afforded opportunity to cure violation. — In the absence of an emergency, an operator of a food service establishment is entitled to an opportunity to cure a violation prior to revocation of his permit to operate. Chalamidas v. Environmental Improvement Div., 1984-NMCA-109, 102 N.M. 63, 691 P.2d 64.
