HOUSE BILL 241

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Alonzo Baldonado

AN ACT

RELATING TO FOOD SAFETY; AMENDING THE MEAT INSPECTION ACT TO CREATE AN EXEMPTION FOR LIVESTOCK PREPARED OR PROVIDED FOR HUMAN CONSUMPTION AT A MATANZA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 25-3-7 NMSA 1978 (being Laws 1969, Chapter 89, Section 2, as amended) is amended to read:

     "25-3-7. DEFINITIONS.--As used in the Meat Inspection Act:

          A. "board" means the New Mexico livestock board or, where appropriate, its executive director;

          B. "health board" means the [health and environment] department of [the state] environment;

          C. "chief" means the chief veterinary meat inspector;

          D. "meat" means the edible flesh of poultry, birds or animals as usually sold for human consumption and includes livestock, poultry and livestock and poultry products;

          E. "livestock product" or "poultry product" means any product capable of use as human food [which] that is wholly or partially made from meat and is not specifically exempted by regulation of the board;

          F. "prepared" means slaughtered, canned, salted, stuffed, rendered, boned or cut up or otherwise manufactured or processed;

          G. "federal acts" means the Federal Meat Inspection Act, 34 Stat. 1260, as amended by the Wholesome Meat Act, 81 Stat. 584 and the federal Poultry Products Inspection Act, 71 Stat. 441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791;

          H. "pesticide chemical", "food additive", "color additive" and "raw agricultural commodity" [shall] have the same meanings for the Meat Inspection Act as for the Federal Food, Drug and Cosmetic Act, 52 Stat. 1040, as amended;

          I. "adulterated" means the term applied to any meat that:

                (1) [if it] bears or contains any poisonous or deleterious substance [which] that may render it injurious to health; provided that any substance [not] added to meat shall not be considered adulterating if the quantity of the substance is insufficient to ordinarily render it injurious to health;

                (2) [if it] bears or contains, by reason of administration of any substance to the meat, any added poisonous or added deleterious substance other than a color additive, a food additive or a pesticide chemical in or on a raw agricultural commodity, any of which may, in the board's judgment, make [such article] the meat unfit for human food;

                (3) [if it] is, in whole or in part, a raw agricultural commodity and that bears or contains a pesticide chemical [which] that is unsafe within the meaning of Section 408 of the Federal Food, Drug and Cosmetic Act;

                (4) [if it] bears or contains any food additive [which] that is unsafe within the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act;

                (5) [if it] bears or contains any color additive [which] that is unsafe within the meaning of Section 706 of the Federal Food, Drug and Cosmetic Act; provided that [an article which] meat that is not otherwise deemed adulterated under [Paragraphs] Paragraph (3), (4) or (5) of this [section] subsection shall be deemed adulterated if use of the pesticide chemical, food additive or color additive in or on [such article] meat is prohibited by regulation of the board;

                (6) [if it] consists, in whole or in part, of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food;

                (7) [if it] has been prepared, packed or held under [un sanitary] insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;

                (8) [if it] is, in whole or in part, the product of an animal, including poultry, [which has] that died otherwise than by slaughter;

                (9) [if its] has a container that is composed, in whole or in part, of any poisonous or deleterious substance [which] that may render the contents injurious to health;

                (10) [if it] has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug and Cosmetic Act;

                (11) [if] has any valuable constituent that has been, in whole or in part, omitted or abstracted [therefrom] or [if] that has any substance that has been substituted wholly or in part [therefor] or [if] that has damage or inferiority that has been concealed in any manner or [if] that has any substance [has been] added [thereto] or mixed or packed [therewith] with the meat so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is; or

                (12) [if it] is margarine containing animal fat and in which any of the raw material used [therein] consisted, in whole or in part, of any filthy, putrid or decomposed substance;

          J. "misbranded" means the term applied to meat that:

                (1) [if its] has labeling that is false or misleading in any particular;

                (2) [if it] is offered for sale under the name of another food;

                (3) [if it] is an imitation of another food, unless its label bears in type of uniform size and prominence the word "imitation" and immediately thereafter the name of the food being imitated;

                (4) [if its] has a container that is so made, formed or filled as to be misleading;

                (5) [unless it bears] does not bear a label showing:

                     (a) the name and place of business of the manufacturer, packer or distributor; and

                     (b) an accurate statement of the quantity of the product in terms of weight, measure or numerical count; provided that the board may make regulations exempting small meat packages, meat not in containers and other reasonable variations;

                (6) [if] has any word, statement or other information required by or under the Meat Inspection Act, [to appear] appearing on the label or other labeling that is not prominently placed [thereon] on the label with [such] the same conspicuousness as [compared with] other words, statements, designs or devices in the labeling and that is not stated in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

                (7) [if it] purports to be or is represented as a food for which a definition and standard of [identify] identity or composition has been prescribed by the regulations of the board under Section [5 of the Meat Inspection Act] 25-3-13 NMSA 1978, unless:

                     (a) it conforms to [such] the definition and standard; and

                     (b) its label bears the name of the food specified in the definition and standard and, insofar as may be required by [such] the regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in [such] the food;

                (8) [if it] purports to be or is represented as a food for which a standard [or standards] of fill of container [have] has been prescribed by regulations of the board under Section [5 of the Meat Inspection Act] 25-3-13 NMSA 1978 and [it] that falls below the standard of fill of container applicable [thereto], unless its label bears in such manner and form as [such] the regulations specify a statement that it falls below [such] standard;

                (9) [if it] is not subject to the provisions of Paragraph (7) of this subsection unless its label bears:

                     (a) the common or usual name of the food, if any [there be]; and

                     (b) in case it is fabricated from two or more ingredients, the common or usual name of each [such] ingredient, except that spices, flavorings and colorings may, when authorized by the board, be designated as spices, flavorings and colorings without naming each; provided that to the extent that compliance with the requirements of this [paragraph (9) (b)] subparagraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the board;

                (10) [if it] purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the board, after consultation with the secretary of agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order to fully inform purchasers as to its value for such uses;

                (11) [if it] bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with the requirements of this paragraph [(11)] is impracticable, exemptions shall be established by regulations promulgated by the board; or

                (12) [if it] fails to bear directly thereon and on its containers, as the board may by regulations prescribe, the official inspection legend and establishment number of the establishment where the product was prepared and, unrestricted by any of the foregoing, such other information as the board may require in [such] regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the [article] meat in a wholesome condition;

          K. "livestock" means any cattle, sheep, swine, goats, horses, mules or other equines, whether live or dead;

          L. "matanza" means a traditional and cultural family and community event and includes the preparing of livestock for human consumption;

          [L.] M. "poultry" means any domesticated bird, whether live or dead; and

          [M.] N. "official establishment" means any establishment licensed by the board at which inspection of the slaughter of livestock or poultry or the preparation of meat food products is maintained under the provision of the Meat Inspection Act."

     SECTION 2. Section 25-3-16 NMSA 1978 (being Laws 1969, Chapter 89, Section 11) is amended to read:

     "25-3-16. EXEMPTIONS.--The following persons are exempt from the provisions and penalties set forth in the Meat Inspection Act:

          A. any person who slaughters livestock or poultry for [his] the person's own personal or household use;

          B. any person who prepares or processes livestock products or poultry products for [his] the person's personal or household consumption; [and]

          C. any person who prepares or processes livestock for human consumption at a matanza; and

          [C.] D. any person who transports dead, dying, disabled or diseased [animals] livestock or poultry for the purpose of treatment, burial or disposal in any manner [which] that would prevent such carcasses from being used as human food."

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