N.M. Admin. Code § 21.34.2.7

Current through Register Vol. 36, No. 1, January 14, 2025

Section 21.34.2.7 - DEFINITIONS

A. "Adulterated raw milk or raw milk or raw milk products" means any packaged raw milk or raw milk products:

(1) if it fails to conform in physical or chemical composition to the definition adopted by the board of regents of New Mexico state university;

(2) if it fails to conform to the chemical, bacteriological and temperature standards in 21.34.2.13 NMAC;

(3) if it has not been produced, packaged and held according to the sanitation standards in 21.34.2.13 NMAC; or if it contains any unwholesome substance.

B. "Department" means the New Mexico department of agriculture.

C. "Dairy farm" means any place or premises where one or more cows or goats are kept and from which a part or all of the raw milk or raw milk product(s) is sold or offered for sale.

D. "Director" means the director of the New Mexico department of agriculture or his designated representative.

E. "Goat milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats, which contains not less than 8-1/4 percent milk solids not-fat and not less than 3-1/4 percent milkfat (milkfat or butterfat is the fat of milk). All standards and requirements applicable to cow milk shall apply to goat milk.

F. "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8-1/4 percent milk solids not-fat and not less than 3-1/4 percent milkfat. (Milkfat or butterfat is the fat of milk).

G. "Misbranded raw milk and raw milk products" means any raw milk or raw milk products when:

(1) their containers bear or accompany any false or misleading written, printed or graphic matter;

(2) such raw milk or raw milk products do not conform to their definitions as contained in Chapter 34, Part 2;

(3) such products are not labeled in accordance with 21.34.2.12 NMAC.

H. "Official laboratory" means biological, chemical or physical laboratory which is under the direct supervision of the state scientific laboratory system; or the state department of agriculture, state chemist laboratory.

I. "Person" means any individual, partnership, corporation, company, firm, trustee or association.

J. "Raw milk" means any milk which has not been treated or manipulated in any manner to destroy pathogens.

K. "Raw milk product" means any of the following products which have been derived from raw milk and have not been treated or manipulated in any manner to destroy pathogens: cream, flavored milk and half and half.

N.M. Admin. Code § 21.34.2.7

7/1/97; 21.34.2.7 NMAC - Rn, 21 NMAC 34.2.7, 05/29/09