For the purpose of §§ 9-6-8-1 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;
(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 unsanitary 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.
ADDRESS OF RECORD. The mailing address designated by the permit holder to receive notices and correspondence from the ENFORCEMENT AUTHORITY.
ANNIVERSARY DATE. The first day of the calendar month in which the original permit was issued.
APPROVED. Acceptable to the enforcement authority based on its determination as to conformance with appropriate standards and good public health practice.
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).
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 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-GROCERY. A specific type of food establishment that purchases pre-packaged food and resells the same to consumers without removing the food from packaging or further using, processing, or manufacturing the food and whose primary function is the sale of food. FOOD ESTABLISHMENT-GROCERY does not include those food establishments whose primary function is to sell food to a highly susceptible population as defined in Part 1-2 of the 2009 United States Food and Drug Administration Model Food Code.
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.
LAW. Federal, state, and local statutes, ordinances and regulations.
MARKET. Any temporary gathering of vendors, whether a single or recurring event, organized by a market coordinator and operating at a single location, whose primary purpose is the selling of goods as defined in the Albuquerque Market Food Vendor Ordinance ROA 1994 Chapter 9, Article 6, Part 7.
PACKAGED. Bottled and capped, canned, cartoned, or securely wrapped.
PERMIT HOLDER. A person who is responsible for the operation who is required to possess a valid raw milk permit.
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.
PULL DATE. The last day on which a product is to be sold or offered for human consumption.
RAW MILK. Any milk which is not pasteurized or has not been treated or manipulated in any manner to destroy pathogens.
RAW MILK PRODUCT. Any of the following products which have been derived from raw milk and have not been treated or manipulated in any manner to destroy pathogens: cream, flavored milk, and half and half.
RAW MILK PERMIT. A valid permit issued by the enforcement authority which allows a person to vend raw milk or a raw milk product and includes the following types of permits:
(1) Food Establishment-Grocery Raw Milk Permit: allows a Food Establishment-Grocery to vend and distribute raw milk and raw milk product from the Food Establishment-Grocery location.
(2) Market Food Establishment Raw Milk Permit: allows a person to vend raw milk and raw milk product at any market.
RAW MILK VENDOR. Any person, including their employees, representatives, and agents, operating a market food establishment in possession of a valid Market Food Establishment Raw Milk Permit.
SEALED. Free of cracks or other openings that permit the entry or passage of moisture.
THIS ORDINANCE. The Albuquerque Raw Milk Ordinance.
VALID. Unexpired, financially compliant, not suspended, and not revoked.
VEND. The act of selling, trading, bartering or giving away. This term means either the singular or the plural as the case may be.
WHOLESOME. In sound condition, clean, free from adulteration, free from insects and insect fragments and otherwise suitable for use as human food.
(Ord. 2023-031)