For the purpose of §§ 9-6-1-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATED. The condition of a food if:
(1) It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
(2) If it bears or contains any added poisonous or deleterious substance, for which no safe tolerance has been established by regulations, or in excess of such tolerance if one has been established, except that an edible cannabis product manufactured, labeled, and sold by a cannabis establishment in compliance with the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978 shall not be considered adulterated solely on the basis of its cannabis content;
(3) If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;
(4) If it has been produced, processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health;
(5) If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter;
(6) If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
APPROVED. Acceptable to the enforcement authority based on its determination as to conformance with appropriate standards and good public health practice.
COMMISSARY. A processing establishment, restaurant, or any other place in which food, containers or supplies are kept, handled, prepared, packaged or stored.
CORROSION-RESISTANT MATERIALS. Those materials that maintain acceptable surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions and other conditions of use.
EASILY CLEANABLE. That surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
EDIBLE CANNABIS PRODUCT. Any food containing cannabis permitted under Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978 and the New Mexico Administrative Code, Title 16, Chapter 8, Section 7. EDIBLE CANNABIS PRODUCT does not include unprocessed cannabis flowers or other unprocessed cannabis plant parts.
EMPLOYEE. The permit holder, individuals having supervisory or management duties and any person working in a food-service and/or food processing establishment.
ENFORCEMENT AUTHORITY. The Mayor or his designated agent(s).
EQUIPMENT. All stoves, ranges, hoods, meat saws, slicers, mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steamtables, or similar items, other than utensils, used in the operation of a food-service or food processing establishment.
EXTENSIVELY REMODELED. Any remodeling involving structural alteration of walls, replacement or modification of plumbing, or major equipment replacement exclusive of normal maintenance and repairs.
FOOD. Any raw, cooked, processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD-CONTACT SURFACES. Those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip or splash back onto surfaces normally in contact with food.
FOOD PROCESSING ESTABLISHMENT. A commercial establishment in which food is processed, prepared, packaged, stored or distributed for human consumption excluding meat markets, retail food stores and warehouses.
FOOD PROCESSING ESTABLISHMENT–CANNABIS. A specific, limited type of food processing establishment which is also a cannabis establishment licensed under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978, where edible cannabis products are processed, prepared, packaged, stored or distributed for human consumption excluding retail cannabis establishments and warehouses.
FOOD-SERVICE ESTABLISHMENT. Any place where food is prepared and intended for individual portion service and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, limited facilities as defined by §§ 9-6-1-1 et seq. or the location of food vending machines and supply vehicles.
FOOD-SERVICE ESTABLISHMENT–CANNABIS. A specific, limited type of food-service establishment which is a cannabis establishment licensed under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978, where edible cannabis product is prepared, or prepared and served, and intended for individual portion service. The term includes a licensed cannabis establishment with a licensed cannabis consumption area pursuant to the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978. The term does not include private homes.
GROSS SALES. The total amount of money or the monetary value of other consideration received from selling food on a calendar year basis by each food service establishment or by each food processing establishment as defined in §§ 9-6-1-1 et seq.
HAMBURGER. Chopped fresh beef.
HERMETICALLY SEALED CONTAINER. A container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its content after processing.
INFLATION FACTOR. An index by which established fees are either increased or decreased relative to inflation.
KITCHENWARE. All multi-use utensils other than tableware.
LIMITED FACILITY. A residential dwelling meeting applicable zoning requirements and other pertinent requirements of law, that provides lodging and meals for remuneration.
MISLABELED. The presence of any written, printed, or graphic matter upon or accompanying food or containers of food which is false, misleading, or which violates any applicable federal, state or local labeling requirements.
MOBILE FOOD UNIT. A vehicle-mounted food service establishment designed to be readily movable from location to location.
PACKAGED. Bottled, canned, cartoned, or securely wrapped.
PERISHABLE FOOD. Any food of such type or in such condition as may spoil.
PERSON. An individual, partnership, corporation, association, nonprofit organization, educational institution, governmental or any other legal entity. This term means either the singular or the plural as the case may be.
PERSON IN CHARGE. The individual present in a food-service or food processing establishment who is the apparent supervisor of the establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.
POTENTIALLY HAZARDOUS FOOD. Any food or food ingredient, natural or synthetic, in a form capable of supporting:
(1) The rapid and progressive growth of infectious or toxicogenic microorganisms; or
(2) The slower growth of C. botulinum.
Exceptions to the above definition include; eggs with shells intact; foods with a water activity value of .85 or less; foods with a pH value of 4.6 or less; or foods for which laboratory evidence (acceptable to the regulatory authority) demonstrates that rapid and progressive growth of infectious and toxicogenic microorganisms cannot occur.
PUSH CART. A nonself-propelled vehicle limited to the preparation and serving of frankfurters, commissary wrapped food maintained at safe temperatures or limited to serving nonpotentially hazardous food.
SAFE TEMPERATURES. As applied to potentially hazardous food means temperatures of 45° F. (7° C.) or below and 140° F. (60° C.) or above.
SANITIZATION. Effective bactericidal treatment of clean surfaces of equipment and utensils by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count to a safe level.
SEALED. Free of cracks or other openings that permit the entry or passage of moisture.
SINGLE-SERVICE ARTICLES. Cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, paper napkins, doilies, wrapping material, toothpicks and all similar articles designed for one-time, one-person use and then discarded. The term does not include SINGLE USE articles such as number 10 cans, aluminum pie pans, bread wrappers and similar articles into which food has been packaged by the manufacturer.
SULFITING AGENTS. Sulfur dioxide or any chemical which produces sulfur dioxide when used to treat foods, including the following: sodium sulfite; sodium bisulfite; potassium bisulfite; sodium metabisulfite; and potassium metabisulfite.
TABLEWARE. All multi-use eating and drinking utensils.
TEMPORARY FOOD-SERVICE ESTABLISHMENT. A food-service establishment which operates at a fixed location for a temporary period of time, not to exceed 14 days, in connection with a celebration or single event.
UTENSIL. Any approved implement used in the preparation, storage, transportation or service of food.
WHOLESOME. In sound condition, clean, free from adulteration, free from insects and insect fragments and otherwise suitable for use as human food.
('74 Code, § 6-25-1.1) (Ord. 9-1988; Am. Ord. 2022-028)