Section 25-2-3 - Prohibited acts.
25-2-3. [Prohibited acts.]
The following acts and the causing thereof within the state of New Mexico are hereby prohibited:
A. the manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.
B. the adulteration or misbranding of any food.
C. the receipt in commerce of any food that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise.
D. the sale, delivery for sale, holding for sale or offering for sale of any article in violation of Section 12 [25-2-12 NMSA 1978].
E. the dissemination of any false advertisement.
F. the refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Section 16 [25-2-16 NMSA 1978].
G. the giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the state of New Mexico from whom he received the food in good faith.
H. the removal or disposal of a detained or embargoed article in violation of Section 6 [25-2-6 NMSA 1978].
I. the alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being misbranded.
J. forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by regulations promulgated under the provisions of this act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978].