Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 67-01

January 5, 1967

BY: OPINION OF BOSTON E. WITT, Attorney General

TO: Honorable Alfonso G. Sanchez District Attorney First Judicial District County Courthouse Santa Fe, New Mexico

QUESTION

QUESTION

Must gasoline service stations comply with the regulations of the State Health Department governing the sanitation of foods and food-handling establishments when selling milk to the public?

CONCLUSION

No.

OPINION

{*2} ANALYSIS

At the request of the public health sanitarian of the Santa Fe County Health Center, you have asked a question concerning the applicability of the regulations of the State Health Department governing the sanitation of foods and food-handling establishments to gasoline service stations selling milk in conjunction with their regular operations. The question asked actually involves a construction of the above mentioned regulations, but we have taken the liberty of re-phrasing the question since we do not feel that the above regulations are applicable and therefore a construction of the regulations is unnecessary.

The regulations governing the sanitation of foods and food-handling establishments have been promulgated under authority of Sections 54-3-1 and 54-3-16, N.M.S.A., 1953 Compilation, which deal with sanitation requirements in food establishments. This act is limited to governing the sanitation in restaurants, bakeries, meat markets or grocery stores selling meat in conjunction with other products. Section 54-3-1 (A), supra. Obviously, gasoline service stations that are not selling meat products in conjunction with their regular service station operations are not covered by the above act.

Since they are not covered by the act governing sanitation requirements in food establishments, they are not covered by the regulations promulgated under this act. We must conclude that so long as these gasoline service stations are not selling meat or operating in conjunction with a grocery store selling meat or in conjunction with a restaurant as defined in Section 54-3-1 (a), supra, they are not subject to the regulations governing the sanitation of foods and food-handling establishments when selling milk to the public.

We specifically limit this opinion to the applicability of the regulations of the Health Department governing sanitation of foods and food-handling establishments. We have no doubt that the Health Department under other existing authority may regulate the health standards of gasoline service stations selling milk.

By: Gary O'Dowd

Assistant Attorney General

1966

66-147

66-146

66-145

66-144

66-142

66-143

66-141

66-137

66-140

66-139

66-138

66-136

66-135

66-134

66-133

66-132

66-131

66-130

66-129

66-128

66-127

66-126

66-125

66-124

66-123

66-122

66-121

66-120

66-119

66-118

66-117

66-116

66-115

66-114

66-113

66-112

66-111

66-110

66-109

66-108

66-107

66-106

66-105

66-104

66-103

66-102

66-101

66-100

66-99

66-98

66-97

66-96

66-94

66-95

66-93

66-92

66-91

66-90

66-89

66-88

66-87

66-86

66-85

66-84

66-83

66-82

66-81

66-80

66-79

66-78

66-77

66-76

66-75

66-74

66-73

66-72

66-71

66-70

66-69

66-68

66-67

66-66

66-65

66-63

66-62

66-61

66-60

66-59

66-58

66-57

66-56

66-55

66-54

66-53

66-52

66-51

66-50

66-49

66-48

66-47

66-46

66-45

66-44

66-43

66-42

66-41

66-40

66-39

66-38

66-37

66-36

66-35

66-34

66-33

66-32

66-31

66-30

66-29

66-28

66-27

66-26

66-25

66-24

66-23

66-22

66-21

66-20

66-19

66-18

66-17

66-16

66-15

66-14

66-13

66-12

66-11

66-10

66-09

66-07

66-08

66-06

66-05

66-04

66-03

66-02

66-01

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.