188.8.131.52 GENERAL FOOD PROCESSING REQUIREMENTS:
A. Specific Food Processing Definitions, as used in 184.108.40.206:
(1) “Acidified Foods” means low acid foods to which acid(s) or acid food(s) are added and which have a water activity (aw) greater than 0.85 and a finished equilibrium pH of 4.6 or below;
(2) "Code of Federal Regulations" (CFR) means the compilation of general and permanent rules published in the federal register by the Executive departments and agencies of the federal government. It is published annually by the United States Government Printing Office. FDA rules appear in Title 21, USDA rules in Title 7 and EPA rules in Title 40;
(3) “EPA” means the United States Environmental Protection Agency;
(4) "FDA" means the United States Food and Drug Administration;
(5) “USDA” means the United States Department of Agriculture;
(6) "hermetically sealed container" means an airtight container that is designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing, or to maintain the controls which prevent potential growth of microorganisms or the elaboration of toxins through acidity (pH) or water activity (aw);
(7) “jerky” means a dried finished meat product having a water activity (aw) less than 0.85 and includes, but is not limited to, beef, poultry, lamb, pork, fish, ratites, organ meats, and wild game;
(8) “low acid foods” means any foods, other than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a water activity (aw) greater than 0.85; and
(9) "packaged" means bottled, canned, bagged, securely wrapped, or in a carton.
B. Food Processor Permit Requirements:
(1) All food processing establishments shall comply with all applicable provisions of 220.127.116.11 and 18.104.22.168.
(2) No person shall operate a food processing establishment without a permit issued by the Health Authority under the conditions outlined in 22.214.171.124.A through K and 126.96.36.199.G.
(3) When a food service establishment has an adjunct/additional food processing business, each such business may be permitted separately.
C. Sale Of Adulterated Or Misbranded Food:
(1) No person shall sell or offer, or expose for sale, or have in possession with intent to sell, any processed and packaged food product that is adulterated or misbranded.
(2) The term "adulterated" includes products that are defective, unsafe, filthy, or produced under unsanitary conditions (Section 25-2-10 NMSA 1978).
(3) "Mis branding" includes statements, designs, or pictures in labeling that are false or misleading, and/or failure to provide required information outlined in 188.8.131.52.D(2).
(4) Adulterated or misbranded food products shall be reconditioned, condemned or destroyed in accordance with Section 25-2-6 NMSA 1978.
D. Labeling Requirements:
(1) All packaged food shall be labeled in accordance with the applicable requirements of the Federal Food, Drug and Cosmetic Act as amended, the Fair Packaging and Labeling Act, regulations developed thereunder, and the New Mexico Food Act. Details concerning type, size and location of required labels are contained in FDA regulations covering the requirements of the Federal Acts (Code of Federal Regulation, Title 21, Part 101.)
(2) At least the following information shall appear on the label of any packaged food:
(a) the name, street address, city, state and zip code of either the manufacturer, packer, or distributor;
(b) an accurate statement of the net amount of food in the package, in terms of weight measure, volume measure (listed in both “English” and metric units) or numerical count;
(c) the common or usual name of the food contained in the package; and
(d) ingredients of the food, listed by their common names, in order of their predominance by weight.
(3) If the label of a food bears representation in a foreign language, the label must bear all the required statements in the foreign language, as well as in English. This requirement does not apply to Spanish names that are commonly used in New Mexico.
(4) Any food product that does not comply with all applicable labeling requirements shall be deemed to be misbranded.
E. Standards Of Identity:
(1) Standards of identity define what a given food product is , its name and the ingredients that must be used, or are allowed to be used, and the ones that must be declared on the label. FDA food standards govern both labeling and composition of such foods, and must be consulted for detailed specifications. The standards are published in the annual editions of the Code of Federal Regulations, Title 21, Parts 103 through 169.
(2) Any food product that is represented as, or purports to be, a food for which a standard of identity has been promu lgated, must comply with the specifications of the standard in every respect. A food product that does not comply fully with the applicable standard is misbranded, unless its label bears the word "Imitation" or meets the descriptive label requirements in the Code of Federal Regulations, Title 21, Part 101.
F. Low-Acid Canned Foods And Acidified Foods:
(1) All processors of low-acid canned foods or foods that have been acidified must comply with specific federal regulations contained in the Code of Federal Regulations, Title 21, Parts 108, 113, and 114.
(2) All processors of low-acid canned foods and acidified foods are required by federal regulation to register their establishments and file processing information for all products with the FDA using appropriate forms. Registration and processing information forms are obtainable on request from: Food and Drug Administration, LACF Registration Coordinator (HFF-233), 200-C Street, SW, Washington, D.C. 20204.
(3) Any low-acid canned food product that does not comply with the federal requirements will be considered adulterated under this Part.
G. Operational Plans:
(1) In addition to the permit requirements of 184.108.40.206.B of this Part, a food processor shall, at the time of application for a permit for review and acceptance by the Health Authority:
(a) provide the following information for the product(s) to be manufactured and/or distributed:
(i) names of the ingredient(s);
(ii) the final product pH if appropriate;
(iii) the final product water activity (aw) if appropriate;
(iv) names of preservative(s);
(v) the type of packaging to be used and whether the packaging is integral to product stability (e.g. the vacuum packing of fresh meat); and
(vi) the complete operational procedure for product formulation, using a flow chart to show at what stage(s) each ingredient is added;
(b) provide the following information about product distribution:
(i) the intended distribution and use condition of the product;
(ii) if the product is to be distributed at ambient, refrigerated or frozen temperature;
(iii) the expected shelflife during distribution, retail storage, and in the hands of the ultimate consumer;
(iv) how the product should be prepared for consumption; and
(v) what mishandling of the product might occur in the merchandising channels or in the hands of the consumer;
(c) state the intended process (cooking time and temperatures). This information may be included in the flow chart required in 220.127.116.11.G(1)(a)(vi). Consideration must be given to those steps that lead to the destruction or inhibition of disease causing or spoilage organisms if done properly, or the growth of such organisms if done improperly;
(d) submit product labels that comply with all requirements of 18.104.22.168.D of this Part.
(2) Prior to adding any new product to the product line, or changing the manufacturing process or product distribution for any existing product in the product line, the food processor shall provide to the Health Authority:
(a) for each new product, the same information specified for the initial application in 22.214.171.124.G(1); and (b) for each existing product for which a change will be made in the manufacturing process or product distribution, the applicable changes to the information previously submitted pursuant to 126.96.36.199.G(1).
(3) All food processors shall design, maintain and use a coding system that will identify the date and place of manufacture of each product on the product label, or securely affixed to the body of the container. A description of the proposed coding system shall be included in the application.
(4) The Health Authority may require that the food manufacturer’s process(es) be reviewed by a competent process authority to approve all critical factors of public health significance as defined in the Code of Federal Regulations, Title 21, Sections 114.83 and 114.89.
(5) In lieu of a process authority, the Health Authority may accept those processes which comply with 188.8.131.52.E(1) and (2) of this Part. (6) Recall procedures shall be prepared and must be on file at the food processing establishment. Procedures shall include plans for recalling products which may be injurious to human health; for identifying products which may be injurious to human health; for identifying, collecting, warehousing, and controlling products; for determining the effectiveness of recalls; for notifying the Health Authorities, FDA, and USDA of any recalls; and for implementing recall programs.
(7) Whenever the Secretary finds or has probable cause to believe that any food processor’s product fails to meet standards or is adulterated with any substance that may be injurious to human health, the suspected lot of product shall be embargoed or detained at the processing establishment, if not yet distributed to consumers or retail outlets, until a determination of ultimate disposition is made.
(8) If the suspected lot has been distributed, the food processor shall be given the opportunity to recall the product voluntarily at the processor’s expense.
(9) If a food processor refuses to conduct a voluntary recall, the Secretary may order a mandatory recall of the suspected product lot at the processor’s expense.
(10) When any food product is found, by examination or laboratory analysis, to be in violation of the standards of 184.108.40.206.C, E or F, the Secretary may order condemnation and disposal of the product lot at the processor’s expense.
H. Compliance With Accepted Operational Procedures:
(1) A copy of the accepted process and procedures shall be on file at the food processing establishment. It shall be available for review by the Health Authority at all times. A food processor shall not deviate from the accepted process and operational procedures without written consent of the Health Authority.
(2) Samples of ingredients, materials obtained from selected points during the course of processing or handling, and final products shall be examined for pathogenic microorganisms as often as necessary for quality assurance. Food products may also be tested for organisms that are indicative of the possible presence of pathogens or for specific spoilage organisms. The Secretary may request that certain foods be examined for specific pathogenic microorganisms or their toxins.
(3) Routine inspections of facilities, equipment and operations will be conducted as specified in this Part. In addition, Hazard Analysis Critical Control Point (HACCP) evaluations will be conducted by the Health Authority and/or the food processor as needed to identify hazards, critical control points, and daily monitoring requirements.
[220.127.116.11 NMAC – Rp 7 NMAC 6.1.501 to 508, 08/12/2000]
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