N.M. Stat. § 25-2-10
When food deemed adulterated.
A food shall be deemed to be adulterated:
A. (1) if it bears or contains any poisonous or deleterious substance which may
render it injurious to health; but in case the substance is not an added substance such
food shall not be considered adulterated under this clause if the quantity of such
substance in such good [food] does not ordinarily render it injurious to health; or
(2)
if it bears or contains any added poisonous or added deleterious
substance which is unsafe within the meaning of Section 13 [25-2-13 NMSA 1978]; or
(3)
if it consists in whole or in part of a diseased, contaminated, filthy, impure
or infested ingredient, putrid or decomposed substance, or if it is otherwise unfit for
food; or
(4)
if it has been produced, prepared, packed or held under insanitary
conditions whereby it may have been contaminated with filth, or whereby it may have
been rendered diseased, unwholesome or injurious to health; or
(5)
if it is the product of a diseased animal or an animal which has died
otherwise than by slaughter, or that has been fed upon the uncooked offal from a
slaughterhouse; or
(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.
B. (1) if any valuable constituent has been in whole or in part omitted or abstracted
therefrom; or
(2)
if any substance has been substituted wholly or in part therefor; or
(3)
if damage or inferiority has been concealed in any manner; or
(4)
if any substance has been added thereto or mixed or packed therewith so
as to increase its bulk or weight, or reduce its quality or strength or make it appear
better or of greater value than it is.
C. if it is confectionery and it bears or contains any alcohol or nonnutritive article or
substance except harmless coloring, harmless flavoring, harmless resinous glaze not in
excess of four-tenths of one per centum (4/10%), harmless natural gum and pectin;
provided, that this paragraph shall not apply to any confectionery by reason of its
containing less than two and one quarter per centum by weight of alcohol derived solely
from the use of flavoring extracts, or to any chewing gum by reason of its containing
harmless nonnutritive masticatory substances.
D. if it bears or contains a coal-tar color other than one from a batch which has been
certified under authority of the federal act.