As used in the Homemade Food Act:

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Terms Used In New Mexico Statutes 25-12-2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

A. “department” means the department of environment; provided that when a class A county and a home rule municipality that have established a combined local health department pursuant to the Joint Powers Agreements Act N.M. Stat. Ann. § 11-1-1 to 11-1-7 for the purpose of local health regulation, “department” means the combined local health department;

B. “homemade food item” means a food item or non-alcoholic beverage that is produced at the private farm, ranch or residence of a processor, including homemade food items that are packaged at the processor’s private farm, ranch or residence;

C. “label” means a display of written, printed or graphic matter upon the immediate container of any article;

D. “not time and temperature control” refers to food items that do not require time and temperature control to ensure safety;

E. “person” includes an individual, partnership, corporation and association; F. “processor” means a person who produces a homemade food item;

G. “seller” means a person who sells a not-time-and-temperature-control homemade food item to a consumer;

H. “time and temperature control” means a control requirement for certain foods to ensure safety and limit pathogenic microorganism growth; and

I. “to produce” means to prepare a homemade food item by baking, cooking, cutting, dehydrating, drying, fermenting, growing, mixing, preserving, raising or other process designated by the environmental improvement board by rule.