New Mexico Administrative Code
Title 7 - HEALTH
Chapter 6 - FOOD HANDLING
Part 2 - FOOD SERVICE AND FOOD PROCESSING
Section 7.6.2.11 - GENERAL FOOD PROCESSING REQUIREMENTS
Universal Citation: 7 NM Admin Code 7.6.2.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. Food processing plant permit requirements.
(1) All food processing plants shall comply
with all applicable provisions of
7.6.2.8
NMAC.
(2) No person shall operate a
food processing plant without a permit issued by the regulatory
authority.
(3) When a food
establishment has an adjunct/additional food processing plant, each such
business may be permitted separately.
B. Sale of adulterated or misbranded food.
(1) No person shall sell or offer, or expose
for sale, or have in possession with intent to sell, any processed and packaged
food product that is adulterated or misbranded.
(2) The term "adulterated" includes products
that are defective, unsafe, filthy, or produced under unsanitary conditions
(Section
25-2-10,
NMSA 1978).
(3) "Misbranding"
includes statements, designs, or pictures in labeling that are false or
misleading, or failure to provide required information outlined in Paragraph
(2) of Subsection D of
7.6.2.11
NMAC.
(4) Adulterated or misbranded
food products shall be reconditioned, condemned or destroyed in accordance with
Section
25-2-6,
N, NMSA 1978.
C. Labeling requirements.
(1) All packaged food
shall be labeled in accordance with the applicable requirements of the Federal
Food, Drug and Cosmetic Act as amended, the Fair Packaging and Labeling Act,
regulations developed thereunder, and the New Mexico Food Act. Details
concerning type, size and location of required labels are contained in FDA
regulations covering the requirements of the federal acts (Code of Federal
Regulation, Title 21, Part 101.)
(2) At least the following information shall
appear on the label of any packaged food:
(a)
the name, street address, city, state and zip code of either the manufacturer,
packer, or distributor;
(b) an
accurate statement of the net amount of food in the package, in terms of weight
measure, volume measure (listed in both "English" and metric units) or
numerical count;
(c) the common or
usual name of the food contained in the package; and
(d) ingredients of the food, listed by their
common names, in order of their predominance by weight.
(3) If the label of a food bears
representation in a foreign language, the label must bear all the required
statements in the foreign language, as well as in English. This requirement
does not apply to Spanish names that are commonly used in New Mexico.
(4) Any food product that does not comply
with all applicable labeling requirements shall be deemed to be
misbranded.
D. Standards if identity.
(1) Standards of identity define
what a given food product is, its name and the ingredients that must be used,
or are allowed to be used, and the ones that must be declared on the label. FDA
food standards govern both labeling and composition of such foods, and must be
consulted for detailed specifications. The standards are published in the
annual editions of the Code of Federal Regulations (CFR), Title 21, Parts 103
through 169.
(2) Any food product
that is represented as, or purports to be, a food for which a standard of
identity has been promulgated, must comply with the specifications of the
standard in every respect. A food product that does not comply fully with the
applicable standard is misbranded, unless its label bears the word "imitation"
or meets the descriptive label requirements in the CFR, Title 21, Part
101.
E. Low acid canned foods and acidified foods.
(1) All processors
of low acid canned foods or foods that have been acidified must comply with
specific federal regulations contained in the CFR, Title 21, Parts 108, 113,
and 114.
(2) All processors of low
acid canned foods and acidified foods are required by federal regulation to
register their food processing plants and file processing information for all
products with the FDA using appropriate forms. Registration and processing
information forms are obtainable on request from: FDA, LACF Registration
Coordinator (HFF-233), 200-C Street, SW, Washington, D.C. 20204.
(3) Any low acid canned food product that
does not comply with the federal requirements will be considered
adulterated.
F. Operational plans.
(1) Food processing plants
shall, at the time of application for a permit for review and acceptance by the
regulatory authority, provide the following information for the product(s) to
be manufactured and distributed:
(a) names of
the ingredient(s);
(b) the final
product pH if appropriate;
(c) the
final product water activity (aw) if
appropriate;
(d) names of
preservative(s);
(e) the type of
packaging to be used and whether the packaging is integral to product stability
(e.g. the vacuum packing of fresh meat); and
(f) the complete operational procedure for
product formulation, using a flow chart to show at what stage(s) each
ingredient is added.
(2)
Food processing plants shall, at the time of application for a permit for
review and acceptance by the regulatory authority, provide the following
information about product distribution:
(a)
the intended distribution and use condition of the product;
(b) if the product is to be distributed at
ambient, refrigerated or frozen temperature;
(c) the expected shelf life during
distribution, retail storage, and in the hands of the ultimate
consumer;
(d) how the product
should be prepared for consumption; and
(e) what mishandling of the product might
occur in the merchandising channels or in the hands of the consumer.
(3) Food processing plants shall,
at the time of application for a permit for review and acceptance by the
regulatory authority, state the intended process (cooking time and
temperatures). This information may be included in the flow chart required in
Subparagraph (f) of Paragraph (1) of Subsection F of
7.6.2.11
NMAC. Consideration must be given to those steps that lead to the destruction
or inhibition of disease causing or spoilage organisms if done properly, or the
growth of such organisms if done improperly.
(4) Food processing plants shall, at the time
of application for a permit for review and acceptance by the regulatory
authority, submit product labels that comply with all requirements of
Subsection C of
7.6.2.11
NMAC.
(5) Prior to adding any new
product to the product line, or changing the manufacturing process or product
distribution for any existing product in the product line, the food processor
shall provide to the regulatory authority:
(a) for each new product, the same
information as specified for the initial application in Paragraphs (1), (2),
(3) and (4) of Subsection F of
7.6.2.11
NMAC; and
(b) for each existing
product for which a change will be made in the manufacturing process or product
distribution, the applicable changes to the information previously submitted
pursuant to Paragraphs (1), (2), (3) and (4) of Subsection F of
7.6.2.11
NMAC.
(6) All food
processing plants shall design, maintain and use a coding system that will
identify the date and place of manufacture of each product on the product
label, or securely affixed to the body of the container. A description of the
proposed coding system shall be included in the application.
(7) The regulatory authority may require that
the food processing plant's processes be reviewed by a competent process
authority to approve all critical factors of public health significance as
defined in the CFR, Title 21, Sections 114.83 and 114.89.
(8) In lieu of a process authority, the
regulatory authority may accept those processes which comply with Paragraphs
(1) and (2) of Subsection E of
7.6.2.11
NMAC.
(9) Recall procedures shall
be prepared and must be on file at the food processing plant. Procedures shall
include plans for recalling products which may be injurious to human health;
for identifying products which may be injurious to human health; for
identifying, collecting, warehousing, and controlling products; for determining
the effectiveness of recalls; for notifying the regulatory authority, FDA, and
United States department of agriculture (USDA) of any recalls; and for
implementing recall programs.
(10)
Whenever the regulatory authority finds or has probable cause to believe that
any food processing plant's product fails to meet standards or is adulterated
with any substance that may be injurious to human health, the suspected lot of
product shall be embargoed or detained at the food processing plant, if not yet
distributed to consumers or retail outlets, until a determination of ultimate
disposition is made.
(11) If the
suspected lot has been distributed, the food processing plant shall be given
the opportunity to recall the product voluntarily at the processor's
expense.
(12) If a food processing
plant refuses to conduct a voluntary recall, the secretary of the New Mexico
environment department may order a mandatory recall of the suspected product
lot at the processor's expense.
(13) When any food product is found, by
examination or laboratory analysis, to be in violation of the standards of
Subsections B, D or E, of
7.6.2.11
NMAC, the secretary of the New Mexico environment department may order
condemnation and disposal of the product lot at the food processing plant's
expense.
G. Compliance with accepted operational procedures.
(1) A
copy of the accepted process and procedures shall be on file at the food
processing plant. It shall be available for review by the regulatory authority
at all times. A food processing plant shall not deviate from the accepted
process and operational procedures without written consent of the regulatory
authority.
(2) Samples of
ingredients, materials obtained from selected points during the course of
processing or handling, and final products shall be examined for pathogenic
microorganisms as often as necessary for quality assurance. Food products may
also be tested for organisms that are indicative of the possible presence of
pathogens or for specific spoilage organisms. The secretary of the New Mexico
environment department may request that certain foods be examined for specific
pathogenic microorganisms or their toxins.
(3) Routine inspections of facilities,
equipment and operations will be conducted as specified in this section. In
addition, HACCP evaluations will be conducted by the regulatory authority of
the food processing plant as needed to identify hazards, critical control
points, and daily monitoring requirements.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
