N.M. Code R. § 21.34.2.9 – Permits

A. No person shall sell or offer for sale in the state of New Mexico raw milk or raw milk products without a permit issued by the department to use grade A labeling in advertising, representing or labeling such raw milk or raw milk products.
B. Any person desiring a grade A permit shall make a written application to the department. The application shall:
(1) be made on forms furnished by the department;
(2) state the applicant's name and address;
(3) state the date of the application;
(4) be accompanied by plans and specifications for the applicant's facilities;
(5) contain such other information as the department may reasonably require; and
(6) be signed by the applicant.
C. Within fifteen (15) days after the filing of an application for a permit, the department shall either grant the permit, grant the permit subject to conditions or deny the permit. The department shall notify the applicant by certified mail of the decision and the reasons therefor.
D. The department may grant a permit pursuant to this section only if it finds that all the conditions in Sections 16, 17 and 18 of Chapter 34, Part 2 will be met.
E. Any permit issued hereunder shall be conditioned upon the applicant allowing inspections to be made pursuant to 21.34.2.13 NMAC.
F. The issuance of a permit does not relieve any person from responsibility for complying with all applicable laws, ordinances and regulations.
G. If the applicant is dissatisfied with the action taken by the department, he may request a hearing before the director. The request must be made in writing to the director within fifteen (15) days after notice of the department's action has been received by the applicant. Unless a timely request for hearing is made, the decision of the department shall be final. A reapplication for a permit may not be filed within thirty (30) days following a final determination on a permit application.
[7/1/97; 21.34.2.9 NMAC - Rn, 21 NMAC 34.2.9, 05/29/09]