N.M. Stat. § 25-2-7
Attorney general or district attorney to institute prosecution;
right to hearing before director prior to criminal prosecutions.
It shall be the duty of the attorney general or the various district attorneys of this
state to whom the director reports any violation of the New Mexico Food Act to cause
appropriate proceedings to be instituted in the proper courts without delay and to be
prosecuted in the manner required by law. Before any violation of the New Mexico Food
Act is reported to any such attorney for the institution of a criminal proceeding, the
person against whom such proceeding is contemplated shall be given appropriate
notice and an opportunity to present his views before the director either orally or in
writing, in person or by attorney with regard to such contemplated proceeding.