New Mexico Register / Volume XXXVI, Issue 21 /
November 4, 2025
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 33 ABATTOIRS,
MEAT DEALERS AND STORAGE PLANTS
PART 2 FOOD
SAFETY, MEAT AND POULTRY INSPECTION
21.33.2.1 ISSUING AGENCY: New Mexico Livestock
Board.
[21.33.2.1 NMAC - Rp, 21.33.2.1 NMAC 11/07/2025]
21.33.2.2 SCOPE: Regulating the states
meat and poultry
inspection program.
[21.33.2.2 NMAC - Rp, 21.33.2.2 NMAC 11/07/2025]
21.33.2.3 STATUTORY AUTHORITY: Section 77-2-7 through
77-2-29; NMSA 1978, Section 77-3-9;
NMSA 1978, Section
77-3-1 through Section
77-3-17; NMSA 1978, Section 77-9-1
through 77-9-63; NMSA 1978, Section 77-17-15; NMSA 1978, Section
30-18-1 through Section
30-18-14 NMSA 1978, Section 25-2-22 NMSA.
[21.33.2.3
NMAC - Rp, 21.33.2.3 NMAC 11/07/2025]
21.33.2.4 DURATION: Permanent.
[21.33.2.4 NMAC - Rp, 21.33.2.4 NMAC 11/07/2025]
21.33.2.5 EFFECTIVE DATE: November 7, 2025 unless a later date is cited at the end of a section.
[21.33.2.5 NMAC - Rp, 21.33.2.5 NMAC 11/07/2025]
21.33.2.6 OBJECTIVE: The New Mexico livestock board (NMLB), through its meat and poultry
inspection division (MPID),
seeks to regulate
the production of meat and poultry products
under a state meat and poultry inspection (MPI) program with
the purpose to protect consumers while encouraging the economic development of
New Mexico agricultural businesses and communities.
[21.33.2.6 NMAC - Rp,
21.33.2.6 NMAC 11/07/2025]
21.33.2.7 DEFINITIONS: All words or terms
defined or used in
the federal regulations incorporated by reference shall mean the state
equivalent or counterpart to those word or terms. The following words or
terms, when used in this part, shall have the following meaning, unless the
context clearly indicates otherwise.
A. Definitions
beginning with “A”:
(1) “Act” means the New Mexico Meat Inspection Act, Sections 25-2-22 NMSA
1978.
(2) “Adulterated” means any carcass,
part thereof, meat or meat food product under one or more of the following
circumstances:
(a) if it bears or contains any such
poisonous or deleterious substance which may render it injurious to health; but
in case the substance is not an added substance, such article shall not be
considered adulterated under this clause if the quantity of such substance in
or on such article does not ordinarily render it injurious to health;
(b) if it bears or contains (by reason of
administration of any substance to the live animal or otherwise) any added
poisonous or added deleterious substance other than one which is:
(i) a
pesticide chemical in or on a raw agricultural commodity;
(ii) a food additive; or
(iii) a color additive which may, in the
judgment of the MPI Director, make such article unfit for human food;
(c) if it is, in whole or in part, a raw
agricultural commodity and such commodity bears or contains a pesticide
chemical which is unsafe within the meaning of section 408 of the Federal Food,
Drug, and Cosmetic Act;
(d) if it consists in whole or in part of
any filthy, putrid, or decomposed substance or is for any other reason unsound,
unhealthful, unwholesome, or otherwise unfit for human food;
(e) if it has been prepared, packed, or
held under unsanitary conditions whereby it may have become contaminated with
filth, or whereby it may have been rendered injurious to health;
(f) if it is, in whole or in part, the
product of an animal which has died otherwise than by slaughter;
(g) if its container is composed, in
whole or in part, of any poisonous or deleterious substance which may render
the contents injurious to health;
(h) if it has been intentionally
subjected to radiation, unless the use of the radiation was in conformity with
a regulation or exemption in effect pursuant to section 409 of the Federal
Food, Drug, and Cosmetic Act;
(i) if any valuable constituent has been
in whole or in part omitted or abstracted therefrom; or if any substance has
been substituted, wholly or in part therefor; or if damage or inferiority has
been concealed in any manner; or if any substance has been added thereto or
mixed or packed therewith so as to increase its bulk or weight, or reduce its
quality or strength, or make it appear better or of greater value than it is;
or, if it is margarine containing animal fat and any of the raw material used
therein consisted in whole or in part of any filthy, putrid, or decomposed
substance, or is otherwise adulterated.
(3) Horse meat that is slaughtered for
human consumption.
B. Definitions beginning with “B”: “Board” means the New
Mexico livestock board.
C. Definitions beginning with “C”:
(1) “Capable of use as human food”
means any carcass, or part or product of a carcass, of any livestock,
unless it is denatured or otherwise identified as required by the applicable
provisions of 9 C.F.R Sections 314.3, 314.10, 325.11, and 325.13 to deter its
use as a human food, or it is naturally inedible by humans; e.g., hoofs or
horns in their natural state.
(2) “Carcass” means all
parts, including viscera, of any slaughtered livestock.
(3) “CFR” means the codification
of the general and permanent rules published in the Federal register by the
executive departments and agencies of the Federal government.
(4) “Cleaning agents” means
cleaning compounds, sanitizing agents, processing aids and other chemicals used
by an establishment, shall be used, handled and stored in a manner that will
not adulterate product or create unsanitary conditions. Documentation substantiating the safety of the
chemical’s use in food processing environment shall be available to New Mexico
livestock board inspection program employees for review. In most cases
documentation will be “safety data sheets”.
(5) “Condemned” means that the
livestock so identified has been inspected and found to be in a dying
condition, or to be affected with any other condition or disease that would
require condemnation of its carcass.
(6) “Consciousness” means
responsiveness of the brain to the impressions made by the senses.
(7) “Curing” means the
addition of salt, sodium or potassium nitrate (or saltpeter), nitrites, and
sometimes sugar, seasonings, phosphates and cure accelerators to meat.
D. Definitions beginning with “D”:
(1) “Dead livestock” means
the body (cadaver) of livestock which has died otherwise than by slaughter.
(2) “Director” means the
executive director of the New Mexico livestock board.
For the purposes of
this rule, the term "secretary," when used in 9 Code of Federal
Regulations (CFR), means director.
(3) “Division” means that part of the New Mexico
livestock board devoted
to food safety, meat and
poultry inspection. For the purposes of this rule, when using the federal regulations
adopted by reference in 21.33.2 NMAC (relating to Federal regulations on meat
and poultry Inspection), the terms "United States department of agriculture"
or "department" mean the MPI division under the New Mexico livestock board.
(4) “Dying, diseased, or disabled
livestock” means livestock which has or displays symptoms of having any of
the following:
(a) central nervous system disorder;
(b) abnormal temperature (high or low);
(c) difficult breathing;
(d) abnormal swellings;
(e) lack of muscular coordination;
(f) inability to walk normally or stand;
(g) any of the conditions for which
livestock is required to be condemned on ante-mortem inspection in accordance
with the regulations in part 309 of this subchapter.
E. Definitions beginning with “E”:
(1) “Edible” means intended
for use as human food.
(2) “Establishment” means
any business ownership type that engages in any slaughtering, cutting, boning,
curing, smoking, salting, packing, rendering, or similar establishment at which
inspection is maintained under the regulations in this rule.
F. Definitions beginning with “F”:
(1) “Farm slaughter” means the slaughtering of an animal
or animals for the owner
of that animal or
animals on the owner’s farm or premises and further processed at a custom
exempt plant for personal use.
(2) “Firm” means any type of business, partnership,
association, or other unincorporated business organization or establishment.
(3) “Further processing” means smoking, cooking,
curing, refining, or rendering in an official establishment of product
previously prepared in official establishments.
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with “H”: [RESERVED]
I. Definitions beginning with “I”:
(1) “Immediate container” means the receptacle or
other covering in which any product is directly contained or wholly or
partially enclosed.
(2) “Inedible” means adulterated,
uninspected, or not intended for use as human food.
(3) “Inspected and condemned”
means that the carcass, viscera, other part of carcass, or other product so
identified has been inspected, found to be adulterated, and condemned under the
regulations in this rule.
(4) “Inhumane slaughter or handling in connection with
slaughter” means slaughter or handling in connection
with slaughter not in accordance with the Act of August 27, 1958 (72 Stat. 862;
7 U.S.C. 1901 through 1906, as amended by the Humane Methods of Slaughter Act
of 1978, 92 Stat. 1069) and part 313 of this subchapter.
(5) “Inspector” means any duly authorized agent
of the livestock board.
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”:
(1) “Label” means a display of written,
printed, or graphic matter upon the immediate container (not including package
liners) of any article.
(2) “Labeling” means all labels and other
written, printed, or graphic matter:
(a) upon any article or any of its
containers or wrappers, or
(b) accompanying such article.
(3) “Livestock” means cattle,
sheep, swine, bison,
goats, horses, mules,
asses, poultry, ratites, camelids and farmed cervidae.
(4) “Livestock market” means any facility in the state
of New Mexico, which is used for the purpose of holding consignment sales of
livestock.
M. Definitions beginning with “M”:
(1) “Meat” means the
part of the muscle of any cattle, sheep, swine, or goats which is skeletal or
which is found in the tongue, diaphragm, heart, or esophagus, with or without
the accompanying and overlying fat, and the portions of bone (in bone-in
product such as T-bone or porterhouse steak), skin, sinew, nerve, and blood
vessels which normally accompany the muscle tissue and that are not separated
from it in the process of dressing. As
applied to products of equines, this term has a comparable meaning:
(a) Meat does not include the muscle
found in the lips, snout, or ears.
(b) Meat may not include significant
portions of bone, including hard bone and related components, such as bone
marrow, or any amount of brain, trigeminal ganglia, spinal cord, or dorsal root
ganglia (DRG).
(2) “Meat by-product” means any part capable
of use as human food,
other than meat that has been
derived from one or more cattle, bison, sheep, swine, or goats.
(3) “Meat food product” means any article capable of use as human food that is
made wholly or in part from any meat or other portion of the carcass from any
cattle, bison, sheep, swine, or goats. However,
“meat food product” shall not include those exempted from definition as a meat
food product by the director in specific cases
or by the rules, in Title 9 of the Code of Federal Regulations (CFR), Part 317 due to a determination that they contain
meat or other portions of carcasses only in a relatively small proportion or
historically have not been considered by consumers as products of the meat food
industry. Those exempted shall comply with any
requirements that are imposed as conditions of the exemptions to assure that the meat or other portions
of carcasses contained in the
articles are not adulterated and are not represented as meat food products.
(4) “Misbranded” means any
carcass, part thereof, meat or meat food product under one or more of the
following circumstances:
(a) if its labeling is false or
misleading in any particular;
(b) if it is offered for sale under the
name of another food;
(c) if it is an imitation of another
food, unless its label bears, in type of uniform size and prominence, the word
“imitation” and immediately thereafter, the name of the food imitated;
(d) if its container is so made, formed,
or filled as to be misleading;
(e) if in a package or other container
unless it bears a label showing:
(i) the
name and place of business of the manufacturer, packer, or distributor; and
(ii) an accurate statement of the quantity
of the contents in terms of weight, measure, or numerical count; except as
otherwise provided in 9 C.F.R part 317 with respect to the quantity of
contents;
(f) if any word, statement, or other
information required by or under authority of the Act to appear on the label or
other labeling is not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs, or devices, in the labeling)
and in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.
(5) “MPID” is a division
within the NMLB tasked with carrying out the provisions of laws relating
to a state meat and poultry inspection (MPI) program.
For the purposes of this rule, the term "food safety
and inspection service (FSIS)," when used in federal regulations adopted
by reference by the department in 21.33.2 NMAC, means the MPID.
(a) the MPID director may adopt
additional policies and procedures as necessary to define, clarify and maintain agency functions for consistency with 9 CFR and related
federal acts (e.g., Meat Inspection Act (21 USCS Section 601 et seq; Poultry Products Inspection Act (21 USCS
Section 451 et seq); Humane Methods
of Slaughter Act (7 USC 1901 et seq):
(b) the MPID director, with board
approval, may enter into agreements with other state, federal, local,
tribal and other organizations as needed to further the purpose and provisions of these regulations, and the MPI program at large, to achieve “at least equal to”
status.
(6) “MPI director” means the director of the
New Mexico meat and poultry inspection program.
For the purposes of this
subchapter, the term "administrator," when used in federal
regulations adopted by reference by the department in 21.33.2 NMAC, means MPI director.
N. Definitions beginning with “N”:
(1) “New Mexico livestock” means any livestock raised or pastured
or fed within the state
of New Mexico.
(2) “NMLB” is a political subdivision of the state of New Mexico
tasked with protecting the livestock industry from theft and disease and protecting
consumers from unwholesome meat products.
O. Definitions beginning with “O”: “Official identification” means an electronic or visual ear tag with a 15-digit
number beginning with “840”, a USDA silver
metal identification tag, a USDA orange metal
calfhood brucellosis vaccination tag, a breed registry
tattoo with proof of registration, or other identification as approved by the
New Mexico state veterinarian.
P. Definitions beginning with “P”:
(1) “Packaging material” means any
cloth, paper, plastic, metal, or other material used to form a container,
wrapper, label, or cover for meat products.
(2) “Pesticide chemical, food
additive, color additive, raw agricultural commodity” these terms shall
have the same meanings for purposes of the Act and the regulations in this
subchapter as under the Federal Food, Drug, and Cosmetic Act.
(3) “Person” means an individual, partnership, association or operation.
(4) “Poultry” means any domesticated bird,
whether live or dead, including chickens, turkeys, ducks, geese, guineas, ratites, or squabs
(also known as young pigeons from one to about 30 days of age).
(5) “Poultry product” means any poultry carcass, part, or product made
wholly or in part from any poultry carcass or part which can be used as human
food, except those exempted from definition as a poultry product in Title 9 of the
Code of Federal Regulations
(CFR), Part 381.15. This
term shall not include detached ova.
(6) “Poultry by-product” means skin,
fat, gizzard, heart,
or liver, or any combination of any poultry for
cooked, smoked sausage.
(7) “Prepared” means slaughtered,
salted, rendered, boned, cut up, or otherwise manufactured or processed.
(8) “Processing” means processing
as any activity that alters a product from its raw state, including steps
like curing, smoking, cooking, refining, rendering, grinding, comminuting,
injecting solutions, or mechanical tenderization.
(9) “Product” means any carcass,
meat, meat byproduct, or meat food product, capable of use as human food.
(10) “Proper separation” means
adequate space between applicable products as approved by the MPI director or
an authorized agent.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”:
(1) “Rendering” means bodies or parts of bodies of dead animals
or poultry and used
cooking grease and oils.
(2) “Retained” means that the
carcass, viscera, other part of carcass, or other product, or article so
identified is held for further examination by an inspector to determine its
disposition.
S. Definitions beginning with “S”:
(1) “Sanitize” means the treatment of physically clean surfaces of equipment, utensils,
refrigeration units, and structures by a process, approved by the
department that effectively destroys microorganisms including pathogens.
(2) “Secretary” the term secretary, when used in 9 CFR, shall mean the MPID director.
(3) “Shipping container” means the
outside container (box, bag, barrel, crate, or other receptacle or covering)
containing or wholly or partly enclosing any product packed in one or more
immediate containers.
(4) “Suspect” means that the
livestock so identified is suspected of being affected with a disease or
condition which may require its condemnation, in whole or in part, when
slaughtered, and is subject to further examination by an inspector to determine
its disposition.
T. Definitions beginning with “T”: “Tagging” means the regulatory process or
action of placing a New Mexico retained or New Mexico rejected tag on the
establishment’s product, carcass, building compartment, or equipment.
For the purposes of this rule, the term "U.S. retained,"
when used in 9 Code of Federal Regulations (CFR), means New Mexico retained.
For the purposes of this rule, the term "U.S. rejected,"
when used in 9 Code of Federal Regulations (CFR), means New Mexico rejected.
U. Definitions beginning with “U”: “Unwholesome” refers to anything that is or could reasonably contribute to a meat or poultry
product being injurious to human health.
V. Definitions beginning with “V”: [RESERVED]
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[21.33.2.7 NMAC - Rp, 21.33.2.7 NMAC 11/07/2025]
21.33.2.8 INCORPORATION BY REFERENCE OF FEDERAL MEAT INSPECTION AND POULTRY
PRODUCTS INSPECTION REGULATIONS: The Federal Meat Inspection Act,
Poultry Products Inspection Act and
Regulations 9 CFR, Chapter III, 300 through 590.970, are incorporated by reference as presently in effect and as
they may later be modified.
[21.33.2.8 NMAC - N, 11/07/2025]
21.33.2.9 REGULATION OF MEAT AND POULTRY INSPECTION PRODUCTS: The NMLB, through
the MPID, adopts by reference
the following federal
regulations in the Code of Federal Regulations (CFR), as amended:
A. 9 CFR, Part 301, terminology; adulteration and misbranding standards;
B. 9
CFR, Part 303,
exemptions;
C. 9
CFR, Part 304, application for inspection; grant
of inspection;
D. 9
CFR, Part 305, official numbers;
inauguration of inspection; withdrawal of inspection; reports of violation;
E. 9
CFR, Part 306, assignment and authorities of program employees;
F. 9
CFR, Part 307, facilities for inspection;
G. 9
CFR, Part 309, ante-mortem inspection;
H. 9
CFR, Part 310, post-mortem inspection;
I. 9
CFR, Part 311, disposal of diseased or otherwise adulterated carcasses and parts;
J. 9
CFR, Part 312, official marks,
devices and certificates;
K. 9
CFR, Part 313, humane slaughter of livestock;
L. 9
CFR, Part 314, handling and disposal of condemned or other inedible
products at official establishments;
M. 9
CFR, Part 315, rendering or other disposal
of carcasses and parts passed
for cooking;
N. 9
CFR, Part 316, marking products
and their containers;
O. 9
CFR, Part 317, labeling, marking
devices, and containers;
P. 9
CFR, Part 318, entry into official establishments; reinspection and preparation of products;
Q. 9
CFR, Part 319, definitions and standards of identity or composition. The following requirements shall apply except in the
case of restaurant menus and signs.
R. 9
CFR, Part 320, records, registration, and reports;
S. 9
CFR, Part 321, cooperation with states and territories;
T. 9
CFR, Part 322,
exports;
U. 9
CFR, Part 325,
transportation;
V. 9
CFR, Part 327, imported products;
W. 9
CFR, Part 329, detention; seizure
and condemnation; criminal
offenses;
X. 9
CFR, Part 331, special provisions for designated states and territories; and for designation of establishments which endanger public health and for such
designated establishments;
Y. 9
CFR, Part 335, rules of practice governing proceedings under the federal meat inspection act;
Z. 9
CFR, Part 350, special services
relating to meat and other products;
AA. 9 CFR, Part 352, exotic
animals and horses;
voluntary inspection;
BB. 9 CFR, Part 354, voluntary
inspection of rabbits
and edible products
thereof;
CC. 9 CFR, Part 355, certified
products for dogs, cats, and other carnivora; inspection, certification,
and identification as to class, quality, quantity, and condition;
DD. 9 CFR, Part 362, voluntary poultry inspection regulations;
EE. 9 CFR, Part 381, poultry
products inspection regulations;
FF. 9 CFR, Part 416, sanitation;
GG. 9 CFR, Part 417, hazard analysis and critical control
point (HACCP) systems;
HH. 9 CFR, Part 418, recalls;
II. 9 CFR, Part 424, preparation and processing operations;
JJ. 9 CFR, Part 430, requirements for specific classes
of product;
KK. 9 CFR, Part 441, consumer
protection standards: raw products;
LL. 9 CFR, Part 442, quantity
of contents labeling
and procedures and requirements for accurate weights;
MM. 9 CFR, Part 500, rules of practice.
[21.33.2.9 NMAC - Rp, 21.33.2.8 NMAC 11/07/2025]
A. Each person or firm conducting operations at an establishment subject to the Act, including tenants, subsidiaries, and landlords,
shall apply for a grant of state inspection or custom exempt.
B. The application for inspection shall be on official forms provided by the meat and
poultry inspection division (MPID) of the New Mexico livestock board.
(1) The application shall contain all requested information.
(2) All applicant trade names used for labeling
shall be provided
in the application.
(3) Each applicant for inspection shall be responsible for compliance with the
Act and the rules if inspection is granted.
C. Only the person listed
as the applicant is authorized to conduct operations at the establishment for which inspection is granted.
D. A
new license application shall be made for changes
of ownership or location.
Any currently issued license for custom
exemption is non-transferable.
E. The
application for license for custom exemption and state inspection is subject to
licensing fees and annual renewal fees as established in 21.32.10 NMAC
so long as the firm is in operation. Failure
to register could result in enforcement actions pursuant to 21.33.2.35
NMAC.
[21.33.2.10 NMAC - N, 11/07/2025]
A. Every establishment where livestock and poultry are custom slaughtered without ante-mortem and post-mortem inspection or in which custom
processing of carcasses or parts of carcasses derived from livestock and poultry slaughtered without
ante-mortem and post-mortem inspection is required to submit
an application and have all facilities approved by the director or
designee prior to receiving a custom exempt license and conducting operations.
B. Any
person or establishment, not licensed as a retail exempt business, engaged in
custom processing of inspected and passed carcasses for individuals, is required to submit an application and meet all facility requirements prior to
conducting operations.
[21.33.2.11 NMAC - N, 11/07/2025]
A. Any
person desiring to operate a livestock slaughter or meat processing establishment
in New Mexico shall file an application for a license with the director on such
form or forms as the director shall prescribe, which application shall be
signed by the applicant.
B. Every license
issued by the director to a qualified establishment shall expire one year from
the date of issuance. Renewal of such
license shall be made on renewal forms as prescribed by the board.
C. The director
may extend licenses for a portion of a calendar year, in order to synchronize
the periods of all licenses, so that the one year period of issue coincides
with the calendar year.
D. The board
will cooperate with the FSIS, to ensure that the establishment owner has met
the requirements for approval under the federal and state codes, prior to
issuing the license.
E. The
establishment owner shall display the license in a prominent place visible to
the public.
F. Violation of
any rule or statute on establishment property by owner, agent, operator or
employee may result in suspension or revocation of license.
[21.33.2.12 NMAC - N, 11/07/2025]
A. Each applicant
for inspection shall submit two copies of the following:
(1) complete drawings with specifications of the floor plans
of the establishment for which inspection is requested, floor drains, principal drainage lines, hand washing basins, and hose connections for
cleanup purposes;
(2) a plot plan showing the limits of the establishment’s premises, locations in outline of buildings on the premises, cardinal points of the
compass, and roadways and railways serving the establishment;
(3) a
room description showing the finish of walls, floors,
and ceilings of all rooms in
the establishment;
B. Standard
sanitation operating procedures established by the meat inspection division to
include describing the water supply,
plumbing, drainage, refrigeration, equipment, lighting,
and operations of the establishment related to sanitation and proper
performance of inspection.
C. Written notice shall be given to each applicant
granted a custom exempt
license, specifying the establishment to which the license applies.
D. The director or designee may issue
a custom exempt license upon a determination that the applicant
and the establishment are eligible.
E. The
director or designee may refuse to issue a license at any establishment if the director or designee determines the
establishment does not meet all requirements of applicable laws or regulations.
[21.33.2.13 NMAC - N, 11/07/2025]
A. Operators of
exempt poultry and rabbit slaughter and processing are required to submit an application and register their business with the
MPID. The registration is subject to
licensing fees and annual renewal fees as established in 21.32.10 NMAC so long
as the firm is in operation. Failure to
register could result in enforcement actions pursuant to 21.33.2.35 NMAC.
B. Adulterated
poultry or rabbits, as defined in this subchapter, may not be slaughtered for
the purpose of selling the carcass or parts for food. Only healthy poultry and rabbits, exhibiting
no abnormalities, may be slaughtered for sale as food.
C. Unhealthy or
unsound poultry and rabbits are those that exhibit any condition not normally
expected to be exhibited in a healthy and sound member
of that species. Examples of abnormal or
unsound animals include animals that are not able to get up, or animals that
have a missing or abnormal eye, swellings, rectal or vaginal prolapse, ocular
or nasal discharge, a cough, or a limp.
D. Operators of
facilities conducting slaughter under a poultry or rabbit exemption shall keep
records such as bills of sale, invoices, bills of lading, and receiving and
shipping papers for transactions in which any poultry or rabbit or poultry or
rabbit carcass, meat, or meat food product is purchased, sold, shipped,
received, transported, or otherwise handled for a period of one year. These records shall be available to department
representatives on request.
E. Low-volume
poultry or rabbit slaughter operations shall be maintained in sanitary
condition during slaughter and processing operations.
F. Carcasses and
parts there from that are prepared under the poultry or rabbit exemption shall
be packaged and the container shall be marked with each of the following in
letters at least 1/4 inch in height, unless otherwise stated:
(1) the
slaughterer's name and address of the business and the term "Exempted P.L.
90-492" and the statement "not produced under inspection";
(2) the common or
usual name of the product, or a truthful descriptive designation of the
product;
(3) a special handling label such as,
"keep refrigerated," "keep frozen," "keep refrigerated
or frozen," "perishable - keep under refrigeration," or any
other similar statement that entails the product is perishable and needs to be
stored properly before cooking.
[21.33.2.14 NMAC - N, 11/07/2025]
21.33.2.15 ESTABLISHMENTS REQUIRING
INSPECTION: Inspection under the rules is required at:
A. every establishment, except as provided in 9 CFR, Part 303.1, 381.10, 381.11, 381.12, 381.13,
381.14, and 381.15, within the state, at which any livestock or poultry are
slaughtered or any meat or poultry products are processed, for use as human
food solely for distribution within such jurisdiction;
B. every
establishment, operating under exemptions, as provided in 9 CFR, Part 303.1,
381.10, 381.11, 381.12, 381.13, 381.14, and 381.15, which becomes designated by the director pursuant to the act as one producing adulterated meat or poultry products which
would clearly endanger the public health.
[21.33.2.15 NMAC - N, 11/07/2025]
21.33.2.16 INSPECTION AND TESTS AT MEAT ESTABLISHMENTS:
A. All
livestock and poultry received at an establishment may be inspected for health by the
board, or its authorized agent.
B. In
conducting such inspections of any meat in the possession of the
operator, such board or its agent, is authorized to
test and to require the administration of such preventative or curative
treatment, as the state veterinarian shall deem necessary to prevent the spread
of livestock disease.
C. The
tests and treatments which are required
as part of this section
shall be accomplished at the owner’s
expense.
[21.33.2.16 NMAC - N, 11/07/2025]
21.33.2.17 INSPECTION OF CATTLE AND TAGGING AT ESTABLISHMENTS: All livestock entering an establishment shall be inspected by a
livestock inspector or authorized agent of the board, for brands and ownership and that inspection shall be documented upon the certificate prescribed by the board.
[21.33.2.17 NMAC - N, 11/07/2025]
A. The
requirements of this section apply to the custom slaughter and processing by
any person of uninspected livestock carcasses or parts, delivered by or for the
owner thereof for such processing. These
products are not for sale to the public and are for the exclusive use of the
owner, a member of the owner's household, or a nonpaying guest or employee of
the owner. The requirements of this
section do not apply to hunter-killed game animals, hunter-killed exotic
animals, or hunter-killed feral swine.
B. No
adulterated carcasses or parts as defined in this rule may be accepted for
custom processing.
C. Exempt records
and recordkeeping system:
(1) Operators of facilities conducting custom exempt
operations shall keep records for a period of one year from the date of
slaughter or processing.
(2) Custom slaughter records shall
contain the name, address, and telephone number of the owner of each animal
presented, and the date the animal was slaughtered, the species and brief
description of the livestock.
(3) All such records shall be
maintained at the licensed establishment for 48 hours following completion,
after which they may be stored off-site provided such records can be made
available within 24 hours of request.
(4) Records described above shall be
available to department officials on request.
D. Animals for slaughter:
(1) Only healthy
animals exhibiting no abnormalities, may be accepted for custom slaughter at
custom slaughter establishments.
(2) Unhealthy or unsound animals are
those that exhibit any condition that is not normally expected in a healthy and
sound member of that species.
(3) Examples of abnormal or unsound
animals include: animals that are not able to get up, or animals that have a
missing or abnormal eye(s), swellings, rectal or vaginal prolapse, excessive
ocular or nasal discharge, open abscesses, or a limp from an obviously healed
break in the leg(s).
(4) Animals that have an obviously
recent break of the lower leg (below the stifle or elbow) and are able to walk
and stand are not considered to be unsound if no other abnormal conditions are
observed.
(5) A program official that
determines an animal or carcass is adulterated, unfit for human food, is from
an unhealthy or unsound animal, or may be a health hazard, may attach a “New
Mexico retained” tag to the carcass and parts thereof and document the reason
for attaching a tag on form specified by the department and deliver the form to
the operator or manager of the establishment. The owner of the carcass shall be notified by
the plant operator or manager and advised of the potential health risk. The custom processor shall ensure that the
owner of the carcass or parts either authorizes the
voluntary destruction and denaturing of the carcass and all parts or agrees to
remove the carcass from the custom processing establishment.
(6) Under no circumstances may the
carcass be further processed at any establishment.
(7) Carcasses, or parts thereof,
derived from animals that have died through circumstances other than slaughter
is considered adulterated as defined herein. This includes animals such as
roadkill or animals that have died by disease, trauma, or other accident. Such
animals may not enter or be processed by a licensed or granted establishment.
E. Procedures regarding
receiving farm slaughtered livestock:
If a custom processor accepts farm slaughtered animals for custom
processing, records shall contain a signed statement from the animal owner that
the animal was healthy and exhibited no abnormalities, other than an obviously
recent break to the lower leg (below the stifle or elbow) and was able to walk
and stand at the time of slaughter.
F. Additional records
to be kept by establishment:
(1) Additional records to be kept
include bills of sale, invoices, bills of lading, and receiving and shipping
papers for transactions in which any livestock or carcass, meat, or meat food
products are purchased, sold, shipped, received, transported, or otherwise
handled by the custom slaughter establishment.
(2) Additional records to be kept
include bills of sale, invoices, bills of lading, and receiving and shipping
papers for transactions in which any livestock or carcass, meat, or meat food
products are purchased, sold, shipped, received, transported, or otherwise
handled by the custom processor.
G. Retail operations
in a custom exempt establishment:
(1) If the custom slaughter or
processing establishment also maintains a retail meat outlet, separate records
as listed above in this section shall be maintained for each type of business
conducted at the establishment.
(2) Retail products shall be clearly
labeled and identified during receiving, storing, processing, and packaging.
(3) Retail products and custom exempt
meat products shall maintain proper separation by time and or space during
receiving, storing, processing, and packaging.
H. Sanitary operations
and sanitation standard operating procedures (SSOP): The NMLB, through
the MPID, adopts by reference, 9 CFR
416 of the Code of Federal Regulations (CFR), as amended for custom
sanitary operations and sanitation standard operating procedures (SSOP). Custom exempt slaughter and processing establishments
shall be maintained in a manner sufficient to prevent the creation of
insanitary conditions and to ensure product is not adulterated. Each custom exempt slaughter and processing establishment
shall comply with the requirements of 9 CFR 416.
I. Specified risk
materials (SRM) removal and Handling:
(1) The NMLB, through the MPID, adopts by reference, 9 CFR 310.22 of
the Code of Federal Regulations (CFR), as amended for the handling and
disposing of specified risk materials from cattle.
(2) Each custom slaughter
establishment shall comply with the requirements of 9 CFR 310.22 regarding the
handling and disposing of specified risk materials from cattle.
(3) Each custom processing
establishment that receives farm slaughtered livestock shall comply with the
requirements of 9 CFR 310.22 regarding the handling and disposing of specified
risk materials from cattle.
J. Humane handling
and slaughter of livestock: The
NMLB, through the MPID, adopts by
reference, 9 CFR 313 and 9 CFR 310.18(b) of the Code of Federal Regulations
(CFR), as amended for the humane handling and slaughter of livestock. Custom exempt slaughter operators shall comply
with the requirements of 9 CFR 313 and 9 CFR 310.18(b).
K. Inedible materials
and denaturing requirements:
(1) Receptacles used for storing
inedible material shall be of such material and construction that their use
will not result in the adulteration of any edible product or in the creation of
insanitary conditions. Such receptacles shall
not be used for storing any edible product and shall bear conspicuous and
distinctive marking to identify permitted use.
(2) Carcasses, parts thereof, meat
and meat food products that are adulterated and not returned to the owner shall
be adequately denatured or de-characterized to preclude their use as human
food. Before the denaturing agents are
applied, carcasses and parts thereof shall be freely slashed or sectioned. The denaturing agent shall be applied in such
quantity and manner that it cannot easily and readily be removed by washing or
soaking. A sufficient amount of the
appropriate agent shall be used to give the material a distinctive color, odor,
or taste so that such material cannot be confused with an article of human
food.
L. Building and facilities: The NMLB, through the MPID, adopts by reference, 9 CFR 416 of the
Code of Federal Regulations (CFR), as amended for building and facilities. Custom exempt slaughter and processing
establishments shall be maintained to prevent conditions that could lead to
insanitary conditions, adulteration of product, or interfere with inspection by
department representatives. Establishments
shall have in place a pest management program to prevent the harborage and
breeding of pests on the grounds and within establishment facilities. Pest control substances used shall be safe and
effective under the conditions of use and not be applied or stored in a manner
that will result in the adulteration of product or the creation of insanitary
conditions. Each custom exempt slaughter and processing
establishment shall comply with the requirements of 9 CFR 416.
M. Equipment and
utensils: The NMLB, through the MPID, adopts by reference, 9 CFR 416 of the
Code of Federal Regulations (CFR), as amended for equipment and utensils used
for processing or otherwise handling edible products or ingredients shall be of
such material and construction to facilitate thorough cleaning and to ensure
that their use will not cause the adulteration of product during processing,
handling, or storage. Equipment and
utensils shall be maintained in a sanitary condition so as not to adulterate
product. Each custom exempt slaughter
and processing establishment shall comply with the requirements of 9 CFR 416.
N. Marking and labeling,
storage of custom prepared products:
(1) Carcasses and parts therefrom that are prepared on a
custom basis shall be marked immediately at the time of preparation with the
term “not for sale” in letters at least three-eighths inch in height and shall
also be identified with the owner’s name or a code that allows the
identification of the carcass or carcass part back to its owner.
(2) Only ink approved for the purpose shall be used to
apply ink brands bearing marks to carcasses of cattle, sheep, swine, or goats
and fresh meat cuts derived therefrom. Any
ink containing F.D. & C. Violet No. 1 shall not be used.
(3) Green ink shall not be used to
apply marks to carcasses of cattle, sheep, swine, or goats or fresh meat cuts
derived therefrom.
(4) Custom prepared products shall be packaged immediately
after preparation and shall be labeled with the term “not for sale” in
lettering not less than three-eighths inch in height. Such custom prepared products or their
containers shall also bear the owner’s name and any additional labeling such as
product cut or description, and the establishment’s information.
(5) Boxes and any containers used as tote boxes shall be
clean and stored off the floor in a manner sufficient to prevent the creation
of insanitary conditions and to ensure product is not adulterated.
(6) Containers and trucks or other
means of conveyance in which any carcass or part is transported to the owner shall
be kept in a clean and sanitary condition.
(7) Paper or other materials used for
covering or lining containers and the cargo space of trucks or other means of
conveyance shall be of a kind that does not tear during use but remains intact
and does not disintegrate when moistened by the product.
O. Ingredients:
(1) All ingredients and other
articles used in the preparation of any product shall be clean, sound,
healthful, wholesome, and not result in the adulteration of product. A letter
of guaranty from the manufacturer stating the ingredient or article is safe
when used as an ingredient or in contact with food shall be obtained by the
custom processor and made available upon request to the department
representative.
(2) No substance may be used in the
preparation of any product unless it is an FDA approved additive.
(3) Nitrates shall not be used in
curing bacon.
(4) With respect to bacon made with
dry curing materials, the product shall be cured by applying a premeasured
amount of cure mixture to the bacon belly surfaces, completely covering the
surfaces. Sodium nitrite shall not exceed 200 ppm ingoing or an equivalent
amount of potassium nitrite (246 ppm ingoing) in dry cured bacon based on the
actual or estimated skin-free green weight of the bacon belly.
(5) When curing products other than
bacon, nitrites, nitrates, or combination shall not
result in more than 200 ppm of nitrite in the finished product.
[21.33.2.18 NMAC -
N, 11/07/2025]
[21.33.2.19 NMAC - N, 11/07/2025]
[21.33.2.20 NMAC - N, 11/07/2025]
[21.33.2.21 NMAC - N, 11/07/2025]
[21.33.2.22 NMAC -
N, 11/07/2025]
A. Any livestock exposed or affected by a contagious and infectious disease
and so certified by the veterinarian of the board, or its
authorized agent, shall be immediately retained and or quarantined.
B. It shall
be unlawful for anyone to move or transport any livestock from the establishment or quarantined area.
C. The
director, MPI director, or an authorized agent,
shall notify the operator of the establishment in writing that no movement or transporting of the quarantined
livestock is permitted.
[21.33.2.23 NMAC - N, 11/07/2025]
A. is capable
of use as human food and is adulterated or misbranded, or
B. in
any other way is in violation of the Federal
Meat Inspection Act, Poultry Products Inspection Act and state laws or
regulations; this does not preclude
utilization of 25-2-22 NMSA or other lawful
procedures.
[21.33.2.24 NMAC - N, 11/07/2025]
[21.33.2.25 NMAC - N, 11/07/2025]
[21.33.2.26 NMAC - N, 11/07/2025]
[21.33.2.27 NMAC - N, 11/07/2025]
A. The official
tags for inspection and identification of adulterated
products and insanitary equipment and facilities are:
(1) the New Mexico retained tag which is applied to products and articles by means of a paper tag bearing the legend
New Mexico retained;
(2) the
New Mexico rejected
tag which is used to identify insanitary buildings, rooms, or equipment and is applied by means of a
paper tag bearing the legend New Mexico rejected;
B. The New Mexico retained
and New Mexico
rejected tags, and all other brands, stamps,
labels, and other devices
approved by the director and bearing any official mark, shall be official
devices for purposes of the Act.
[21.33.2.28 NMAC - N, 11/07/2025]
[21.33.2.29 NMAC - N, 11/07/2025]
[21.33.2.30 NMAC - N, 11/07/2025]
HISTORY OF 21.33.2 NMAC: 21.33.2 NMAC, Food Safety, Meat and Poultry
Inspection, filed 6/15/2006.
History of Repealed
Material:
21.33.2 NMAC, Food Safety, Meat and Poultry
Inspection, filed 06/15/2006 - Repealed effective 7/15/2013.
21.33.2 NMAC, Food Safety, Meat and Poultry
Inspection, Repealed 7/15/2013 has been replaced by 21.33.2 NMAC, Food Safety
Meat and Poultry Inspection effective 7/12/2022.
21.33.2 NMAC - Food Safety, Meat And Poultry Inspection
filed 6/21/2022 Repealed effective 11/7/2025.
Other: 21.33.2 NMAC - Food Safety, Meat And Poultry Inspection
filed 6/21/2022 Replaced by 21.33.2 NMAC - Food Safety, Meat And Poultry Inspection effective 11/7/2025.