N.M. Stat. § 25-1-5 (2026)

A. The board may establish a system of grading food service establishments for the
purpose of certifying compliance with the Food Service Sanitation Act and regulations
requiring food service establishments to display in a designated manner a grade as
notice of compliance to the public. Such regulations shall include provisions for the
revocation and reinstatement of the permit that are consistent with due process of law.

    B. The board shall establish a schedule of fees for the issuance and renewal of
permits issued by the division under the Food Service Sanitation Act. The board shall
set the schedule of fees so that no fee established by such schedule shall be less than
one hundred dollars ($100) or more than two hundred dollars ($200) annually for a food
service establishment with not more than a twenty-five-dollar ($25.00) incremental
increase per fiscal year. The board shall establish a separate schedule of fees not to
exceed twenty-five dollars ($25.00) per single event or celebration per temporary food
service establishment. Fees shall be waived for all temporary non-potentially
hazardous food service operations, for any temporary food service establishment
operating no more than two calendar days in any calendar month and for any food
service establishment that provides food to the general public at no charge. Fees
collected for the issuance and renewal of permits pursuant to the Food Service
Sanitation Act shall be deposited in the environmental health fund.

History: 1953 Comp., § 54-3A-5, enacted by Laws 1977, ch. 309, § 5; 1989, ch. 197, §
3; 1991, ch. 94, § 1; 1993, ch. 100, § 1; 2005, ch. 218, § 1; 2020, ch. 32, § 2.

                                    ANNOTATIONS

The 2020 amendment, effective May 20, 2020, provided that fees collected for the
issuance and renewal of permits pursuant to the Food Service Sanitation Act shall be
deposited in the environmental health fund; and in Subsection B, after "deposited in
the", deleted "food service sanitation" and added "environmental health fund".

The 2005 amendment, effective June 17, 2005, increases limitation on permit fees in
Subsection B from not less than $75 or more than $100 annually to not less than $100
or more than $200 annually with not more than a $25 incremental increase per fiscal
year.

The 1993 amendment, effective March 31, 1993, in Subsection B, substituted
"establishment" for "facility" in the fourth sentence and substituted the present fifth
sentence, for the former fifth sentence, which read "Effective July 1, 1992, all fees
collected for the issuance and renewal of permits under the Food Service Sanitation Act
shall be deposited in the general fund."

The 1991 amendment, effective April 2, 1991, made minor stylistic changes in
Subsection A, and, in Subsection B, added "and for any food service establishment that
provides food to the general public at no charge" at the end of the fourth sentence and
made a related stylistic change.

The 1989 amendment, effective June 16, 1989, designated the formerly undesignated
provisions as Subsection A, and added Subsection B.