New Mexico § 25-6-11 - Powers of the board and department

§ 25-6-11. Powers of the board and department

A. The board is empowered to adopt standards and to prescribe rules and regulations

relating to the sale of eggs as it may deem necessary to carry into effect the lawful

intent and meaning of the Egg Grading Act. The definitions and rules and regulations when adopted and published by the board

shall have the same force as law. Violations of the rules and regulations are subject to the same penalties as violations

of the Egg Grading Act; provided, that the board shall before adopting rules or regulations

first give notice of the general subject thereof by publication of a notice setting

forth the substance of proposed rules or regulations and the date upon which the board

will hold a hearing on the proposed rules or regulations. Notification of all proposed rules and regulations shall be mailed directly to all

egg producers and dealers registered with the department. Publication shall be made once in a newspaper of general circulation in this state. Persons affected by any proposed regulation shall have the right to present to the

board their objections to any proposed regulation or rule prior to its adoption. B. The department through its authorized inspectors or agents is authorized: (1) to enter, on any business day, during the usual hours of business, any store,

market or any other business or place where eggs are sold or offered for sale under

the provisions of the Egg Grading Act in this state; and (2) to issue and enforce a stop-sale notice or order to the owner or custodian of

any lot of eggs which the board or their inspectors or agents find are in violation

of the Egg Grading Act or any regulation issued thereunder, which shall prohibit any

sale, barter, exchange or distribution of eggs until the inspectors are satisfied

that the law has been complied with and have written a release or notice to the owners

or custodian of the eggs.