N.M. Stat. § 25-7A-12
Manufacturing, packing and processing permits for
certain classes of dairy products; suspension; inspections.
A. Whenever the board finds after investigation that the distribution in New Mexico
of any class of dairy product may, by reason of contamination with microorganisms
during manufacture, processing or packing in any locality, be injurious to health and that
such injurious nature cannot be adequately determined after the dairy product has
entered commerce, it then and in such case only shall promulgate regulations providing
for the issuance, by the director to manufacturers, processors or packers of such class
of dairy product in such locality, of permits to which shall be attached such conditions
governing the manufacture, processing or packing of such class of dairy product for
such temporary period of time as may be necessary to protect the public health, and
after the effective date of the regulations and during the temporary period, no dairy
establishment shall introduce or deliver for introduction into commerce any such dairy
product manufactured, processed or packed by any such manufacturer, processor or
packer unless the manufacturer, processor or packer holds a permit issued by the
director as provided by such regulations.
B. The director is authorized to suspend immediately upon notice any permit issued
under authority of this section if it is found that any of the conditions of the permit have
been violated. The holder of a permit so suspended shall be privileged at any time to
apply for the reinstatement of the permit, and the director shall, immediately after
prompt hearing and an inspection of the establishment, reinstate the permit if it is found
that adequate measures have been taken to comply with and maintain the conditions of
the permit as originally issued or as amended.
C. The director shall have access to any factory or establishment, the operator of
which holds a permit from the director, for the purpose of ascertaining whether or not
the conditions of the permit are being complied with, and denial of access for inspection
shall be ground for suspension of the permit until access is freely given by the operator.