For the purpose of §§ 9-6-2-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATED. The condition of a food:
(1) If 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, including an edible cannabis finished product which is manufactured, labeled, or 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.
BULK FOOD. processed or unprocessed food in aggregate containers from which quantities desired by the consumer are withdrawn.
CORROSION-RESISTANT MATERIALS. Those materials that maintain sanitary surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions, and other conditions of the use environment.
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 FINISHED PRODUCT. Any edible cannabis product that is packaged and labeled for retail sale permitted under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978 and the New Mexico Administrative Code, Title 16, Chapter 8, Section 7. EDIBLE CANNABIS FINISHED PRODUCT does not include unprocessed cannabis flowers or other unprocessed cannabis plant parts.
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. An individual permit holder, individuals having supervisory or management duties and any person working in a food establishment.
ENFORCEMENT AUTHORITY. The Mayor or his designated agent(s).
EQUIPMENT. All stoves, ovens, hoods, meat saws, slicers, mixers, meatblocks, processing counters or tables, refrigerators, freezers, sinks, warewashing machines, ice makers, and similar items, other than utensils, used in the operation of a food 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, or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption to include ice, water, gum, confectionery and condiments.
FOOD-CONTACT SURFACES. Those surfaces of equipment and utensils with which unpackaged foods other than fresh fruits and vegetables normally come in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.
FOOD ESTABLISHMENT. Any commercial establishment where food and food products are processed, prepared, packaged, stored, offered for sale, donated, or distributed for off-the-premise consumption, to include, but not limited to retail food stores, meat markets and warehouses.
FOOD ESTABLISHMENT–CANNABIS. A specific and limited type of food establishment, which is also a cannabis establishment licensed under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978, where edible cannabis finished products are offered for sale, donated, or distributed for off-the-premise consumption, or where edible cannabis products or edible cannabis finished products are stored, including warehouses.
FOOD ESTABLISHMENT–CANNABIS PLUS. A specific and limited type of food establishment, which is also a cannabis establishment with a cannabis consumption area, both licensed under the Cannabis Regulation Act, Chapter 26, Article 2C NMSA 1978, where edible cannabis finished products are offered for sale, donated, or distributed for either off-the-premise consumption or in a cannabis consumption area. The term also includes the place where edible cannabis finished products are stored, including warehouses.
GROSS SALES. The total amount of money or the value of other consideration received from selling food on a calendar year basis by each establishment as defined in §§ 9-6-2-1 et seq.
HAMBURGER. Chopped fresh beef.
HERMETICALLY SEALED CONTAINER. A container which is designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.
INFLATION FACTOR. An index by which established fees are either increased or decreased relative to inflation.
KITCHENWARE. All multi-use utensils.
LAW. Federal, state, and local statutes, ordinances and regulations.
MISLABELED. The presence or absence of any written, printed, or graphic matter upon or accompanying food or containers of food which is false, misleading, or which violates any applicable labeling laws.
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, 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 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 toxigenic microorganisms; or
(2) The slower growth of C. botulinum.
Exceptions to the above definition include: eggs with shell intact; foods with a water activity value (Aw) 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 or toxigenic microorganisms cannot occur.
SAFE MATERIALS. Articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials used are food additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act, they are "safe" only if they are used in conformity with regulations established pursuant to Section 409 or Section 706 of the Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act and are used in conformity with all applicable regulations of the Food and Drug Administration.
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, and packaging materials, including bags 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.
TEMPORARY FOOD ESTABLISHMENT. A mobile food establishment vending prepackaged frozen food which operates at a fixed location for a period of time not to exceed seven days.
UTENSIL. Any approved implement used in the preparation, storage, transportation, or service of food.
WAREWASHING. The cleaning and sanitizing of food-contact surfaces of equipment and utensils.
WHOLESOME. In sound condition, clean, free from adulteration, free from insects and insect fragments and otherwise suitable for use as human food.
('74 Code, § 6-26-1.1) (Ord. 10-1988; Am. Ord. 2022-027)