TITLE 7 HEALTH
CHAPTER 6 FOOD HANDLING
PART 2 FOOD SERVICE AND FOOD
PROCESSING
7.6.2.1 ISSUING AGENCY: New Mexico Environmental Improvement Board.
[7.6.2.1
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7.6.2.2 SCOPE: All food establishments and food processing
plants.
[7.6.2.2
NMAC - Rp, 7.6.2.2 NMAC, 12/1/2018]
7.6.2.3 STATUTORY AUTHORITY: Section 74-1-8 NMSA 1978 directs the
environmental improvement board to promulgate regulations and standards for
food protection. Section 74-1-9 NMSA 1978 directs the procedures for adoption.
Section 25-1-4 delineates requirements of food service establishments to
prepare and serve food in a manner safe for human consumption, free from
adulteration, spoilage, contamination and unwholesomeness. Section 25-1-7 NMSA
1978 authorizes the department of environment to execute any provisions of the
Food Service Sanitation Act (Chapter 25, Article 1 NMSA 1978).
[7.6.2.3
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7.6.2.4 DURATION: Permanent.
[7.6.2.4
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7.6.2.5 EFFECTIVE DATE: December 1, 2018, unless a later date is
cited at the end of a section.
[7.6.2.5
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7.6.2.6 OBJECTIVE: The objective of these regulations is to
protect the public health by establishing standards and provisions for the safe
operation of food establishments and food processing plants to assure that
consumers are not exposed to adverse environmental health conditions.
[7.6.2.6
NMAC - Rp, 7.6.2.6 NMAC, 12/1/2018]
A. Adoption of food
code definitions. Except as otherwise provided below, Part
1-2 (Definitions) of the 2017 United States food and drug administration model
food code is hereby adopted and incorporated in its entirety.
B. Modifications to
food code definitions. The following terms defined in food code Part 1-2 have
the meanings set forth herein, in lieu of the meanings set forth in food code,
Part 1-2.
(1) “Adulterated”
has the meaning state in the New Mexico Food Act, Section 25-2-10 NMSA 1978.
(2) “Critical
control point” means a point, step, or procedure in a food process at which a
control measure can be applied and at which control is essential to prevent,
reduce to an acceptable level, or eliminate an identified food hazard.
(3) “Critical
limit” means the maximum or minimum value to which a physical, biological, or
chemical parameter must be controlled at a critical control point to prevent,
eliminate, or reduce to an acceptable level the occurrence of the identified
food hazard.
(4) “Drinking
water” means water that meets criteria as specified in 20.7.10 NMAC. Drinking
Water is traditionally known as “potable water”, and includes the term “water”
except where the term used connotes that the water is not potable, such as
“boiler water,” “mop water,” “rainwater,” “wastewater,” and “non-drinking”
water.
(5) “Food
establishment” means an operation that stores, prepares, packages, serves, or
vends food directly to the consumer, or otherwise provides food for human
consumption such as a restaurant; satellite or catered feeding location;
catering operation if the operation provides food directly to a consumer or to
a conveyance used to transport people; market; vending location; conveyance
used to transport people; an institution; or food bank; and relinquishes
possession of food to a consumer directly, or indirectly through a delivery
service such as home delivery of grocery orders or restaurant takeout orders,
or delivery service that is provided by common carriers.
(a) Food
establishment includes:
(i) an element of the operation such as
a transportation vehicle or a central preparation facility that supplies a
vending location or satellite feeding location unless the vending or feeding
location is permitted by the regulatory authority; or
(ii) an operation that is conducted in a mobile, stationary,
temporary, or permanent facility or location; where consumption is on or off
the premises; and regardless of whether there is a charge for the food.
(b) Food
establishment does not include:
(i) an
establishment that offers only prepackaged foods that are not time/temperature
control for safety (TCS) foods;
(ii) a produce stand that only offers whole, uncut fresh fruits
and vegetables;
(iii) a food processing plant; including those that are located on
the premises of a food establishment;
(iv) a
kitchen in a private home if only baked goods (e.g., cookies, brownies, cakes,
fruit pies) that are not TCS food, are prepared for sale or service at a
fundraising function (e.g., a religious or charitable organization’s bake sale)
if the consumer is informed by a clearly visible placard at the sales or
service location that the food is prepared in a kitchen that is not subject to
regulation and inspection by the regulatory authority;
(v) an
area where food that is prepared as specified in Item (iv) of Subparagraph (b)
of Paragraph (5) of Subsection B of 7.6.2.7 NMAC is sold or offered for human
consumption;
(vi) a
kitchen in a private home, such as a facility licensed by or registered with
the department of health (DOH), or the children, youth and families department
(CYFD), or a bed-and-breakfast operation that prepares and offers food to
guests if the home is owner occupied, the number of available guest bedrooms
does not exceed six, breakfast is the only meal offered, the number of guests
served does not exceed 18, and the consumer is informed by statements contained
in published advertisements, mailed brochures, and placards posted at the
registration area that the food is prepared in a kitchen that is not regulated
and inspected by the regulatory authority;
(vii) a private home that receives catered or home-delivered food
that is served to non-paying guests;
(viii) non-paying guests in private homes;
(ix) a private home or home environment where residents take part
in preparing and serving their own meals;
(x) a pot-luck dinner or similar event in which the food is prepared
or contributed by the participants and for which no fee is charged;
(xi) a custom exempt meat processing facility where animals are
processed for personal use by the animal owner as food and not for sale or
service in a food establishment;
(xii) a dairy establishment as defined in the New Mexico Food Act;
(xiii) an animal slaughter facility;
(xiv) an aquaculture facility that raises fish;
(xv) a
“pure honey” processing facility; “pure honey” refers to natural liquid or
solid honey extracted from the combs or in the comb taken from beehives with no
processing or adding of additional ingredients; or
(xvi) an operation that offers to consumers whole raw agricultural
products.
(6) “Hazard analysis
critical control point (HACCP) plan” means a document prepared in
accordance with the principles of HACCP to ensure control of hazards which are
significant for food safety.
(7) “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).
(8) “Public
water system” has the meaning stated in 20.7.10 NMAC.
(9) “Regulatory
authority” means the New Mexico environment department.
(10) “Temporary
food establishment” (TFE) means a food establishment that operates at a fixed
location in conjunction with a single event or celebration for a period not
exceeding the length of the event or celebration, and does not exceed 30 days.
C. Additions to
food code definitions. The following terms not defined in food code Part 1-2
have the meanings set forth herein when the terms are used in this part.
(1) “Acid
food” means food that has a natural pH of 4.6 or below.
(2) “Acidified
food” means low-acid food to which acid(s) or acid food(s) are added and have a
water activity (aw) greater than 0.85 and have a finished
equilibrium pH of 4.6 or below. Carbonated beverages and food that are stored,
distributed, and retailed under refrigeration are not classified as acidified
food.
(3) “Control point” means a step at which
biological, chemical, or physical factors can be controlled.
(4) “Corrective
action” means an action to be taken when the results of monitoring at the
critical control point indicate a loss of control.
(5) “Deviation” means failure to meet a
critical limit.
(6) “Food
code” means the 2017 United States food and drug administration model food
code.
(7) “Food
handler card” means a card issued to an individual after successful completion
of a food handler training program to function as a food employee.
(8) “Food
handler training program” means an ANSI/ASTM E2659-09 accredited food handler
training certificate program.
(9) “Good
manufacturing practices” (GMPs) means the minimum sanitary and processing
requirements related to production methods, equipment, facilities, and other
controls that a food processing plant must
meet to assure that food is safe and wholesome.
(10) “Hazard
analysis and critical control point” (HACCP) means a food safety management
system that focuses on the identification, evaluation, and control of food
safety hazards.
(11) “Hazard
analysis” means the process of collecting and evaluating information on hazards
associated with the food under consideration to decide which are significant
and must be addressed in the HACCP plan.
(12) “Home-based food processing operation” means any
business in which a residential kitchen is permitted to process approved food
that is not classified as a TCS food and is packaged and is offered directly to
the consumer.
(13) “Jerky”
means a dried, finished meat, poultry, fish, or game animal product having a
water activity (aw) less than 0.85.
(14) “Low
acid food” means any food, other than
alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a
water activity (aw) greater than 0.85. Tomatoes and tomato products
having a finished equilibrium pH less than 4.7 are not classified as low acid
food.
(15) “Misbranded”
has the meaning stated in the New Mexico Food Act, Section 25-2-11 NMSA 1978.
(16) “Mobile
food establishment” means a food establishment that is designed to be readily
movable; completely retains its mobility; and is equipped to serve food. Mobile
food establishment includes self-contained mobile units, non-self-contained
mobile units, pushcarts, and mobile support units.
(17) “Mobile
support unit” means an enclosed motor vehicle department-licensed driven or
towed wheeled vehicle used in conjunction with a New Mexico based servicing
area that travels to, and services, other mobile food establishments as needed
to replenish supplies, including food and potable water, clean the interior of
the unit, or dispose of liquid or solid wastes.
(18) “Monitoring”
means to conduct a planned sequence of observations or measurements to assess
whether a process, point, or procedure is under control and to produce an
accurate record for future use in verification.
(19) “Non
self-contained mobile unit” means an enclosed motor vehicle department-licensed
driven or towed wheeled vehicle that is required to operate from a New Mexico
based servicing area.
(20) “Operational plan” means a
written plan outlining the product formulation, production steps, safety
requirements, distribution, labeling, and recall procedures of a food product
that will be implemented by a food establishment or food processing plant when
processing packaged food.
(21) “Process authority” means
an expert in the processes for controlling pathogenic microorganisms in food,
and as such, is qualified by education, training and experience to evaluate all
of the aspects of pathogen control measures and determine if such
control measures, when properly implemented, will control pathogens
effectively.
(22) “Pushcart”
means a human propelled unit, equipped to serve food, that
is required to operate from a New Mexico based servicing area.
(23) “Recall” means a return of food products that are
either known or suspected to be adulterated, misbranded, or otherwise unsafe
for human consumption, to the manufacturer or distributor, or that are disposed
of by approved methods.
(24) “Sanitation
standard operating procedures” (SSOPs) means written procedures specific to a single food processing
plant
to be followed routinely for the performance of designated operations to ensure
sanitary conditions and to prevent product adulteration in a food processing plant.
(25) “Self-contained
mobile unit” means an enclosed motor vehicle department-licensed driven or
towed wheeled vehicle that is not required to operate from a New Mexico based
servicing area.
(26) “Shelf-stable
product” means a product that is hermetically sealed and, when stored at room
temperature, should not demonstrate any microbial growth.
(27) “Standard
operating procedures” (SOPs) means written procedures to be followed routinely
for the performance of designated operations in a
food processing plant.
(28) “Standards
of identity” means legal standards, defined by the food and drug administration
(FDA), for foods regarding minimum quality specifications, including permitted
ingredients and processing requirements, to be marketed under a certain name.
(29) “Sub-ingredient”
means an ingredient within another ingredient that has been added to a food and
is declared parenthetically following the name of the ingredient or by
dispersing each ingredient in its order of predominance in the ingredient
statement without naming the original ingredient.
(30) “Validation”
means that element of verification focused on collecting and evaluating
scientific and technical information to determine whether the HACCP system,
when properly implemented, will control effectively the identified food
hazards.
(31) “Verification”
means those activities, other than monitoring, that establish the validity of
the HACCP plan and that the system is operating according to the plan. It
includes validation procedures.
[7.6.2.7
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7.6.2.8 FOOD
ESTABLISHMENT REQUIREMENTS:
A. Adoption of food
code. Except as otherwise provided, the 2017 United States
food and drug administration model food code and the supplement to the 2017
food code are hereby adopted and incorporated in their entirety.
B. Modifications to
food code. Except as otherwise provided, the following
modifications are made to the incorporated food code.
(1) 2-102.12
Certified food protection manager.
(a) At
least one employee per food establishment that has supervisory and management
responsibility and the authority to direct and control food preparation and
service shall be a certified food protection manager who has shown proficiency
of required information through passing a test that is part of an accredited
program.
(b) This
section applies to food establishments, temporary food establishments, and
mobile food establishments.
(c) This
section does not apply to certain types of food establishments deemed by the
regulatory authority to pose minimal risk of causing, or contributing to,
foodborne illness based on the nature of the operation and extent of food
preparation.
(d) A
single certified food protection manager may be responsible for more than a
single food establishment, provided that a variance is approved by the
regulatory authority as specified in Paragraph (12) of Subsection B of 7.6.2.8
NMAC and Section 8-103.11 of the food code.
(e) The
effective date of Paragraph (1) of Subsection B of 7.6.2.8 NMAC shall be three
months from the effective date of 7.6.2.8 NMAC.
(2) 2-102.20
Food protection manager certification
(a) A
person in charge who demonstrates knowledge by being a food protection manager
that is certified by a food protection manager certification program that is
evaluated and listed by a Conference for Food Protection-recognized accrediting
agency as conforming to the conference for food protection standards for
accreditation of food protection manager certification programs is deemed to
comply with Paragraph 2-102.11(B).
(b) A
food establishment that has an employee that is certified by a food protection
manager certification program that is evaluated and listed by a Conference for
Food Protection-recognized accrediting agency as conforming to the Conference
for Food Protection Standards for Accreditation of Food Protection Manager
Certification Programs is deemed to comply with Section 2102.12.
(3) 3-201.15
Molluscan shellfish.
(a) Molluscan shellfish shall be obtained from sources
according to law and the requirements specified in the United States (U.S.) DOH
and human services, public health service, FDA, national shellfish sanitation
program guide for the control of molluscan shellfish.
(b) Molluscan shellfish shall be from sources that
are listed in the interstate certified shellfish shippers
list.
(4) 3-202.18
Shellstock identification.
(a) Shellstock shall be obtained in containers
bearing legible source identification tags or labels that are affixed by the
harvester or dealer that depurates, ships, or reships the shellstock,
as specified in the national shellfish sanitation program guide for the control
of molluscan shellfish, and that list:
(i) except as specified under
Subparagraph (c) of Paragraph 3 of Subsection B of 7.6.2.8 NMAC, on the
harvester’s tag or label, the following information in the following
order: the harvester’s identification
number that is assigned by the shellstock control
authority, the date of harvesting, the most precise identification of the
harvest location or aquaculture site that is practicable based on the system of
harvest area designations that is in use by the shellstock
control authority and including the abbreviation of the name of the state or
country in which the shellfish are harvested, the type and quantity of
shellfish, the following statement in bold, capitalized type: “this tag is
required to be attached until container is empty or retagged and thereafter
kept on file for 90 days”;
(ii) except
as specified in Subparagraph (d) of Paragraph (3) of Subsection B of 7.6.2.8
NMAC, on each dealer’s tag or label, the following information in the following
order: the dealer’s name and address,
the certification number assigned by the shellstock
control authority, the original shipper’s certification number including
the abbreviation of the name of the state or country in which the shellfish are
harvested, the same information as specified for a harvester’s tag under Item (i) of Subparagraph (a) of Paragraph (3) of Subsection B of
7.6.2.8 NMAC, and the following statement in bold, capitalized type: “this tag
is required to be attached until container is empty and thereafter kept on file
for 90 days.”
(b) A
container of shellstock that does not bear a tag or label or that bears
a tag or label that does not contain all the information as specified under
Subparagraph (a) of Paragraph (3) of Subsection B of 7.6.2.8 NMAC shall be
subject to a hold order or seizure and destruction in accordance with Section
25-2-6 NMSA 1978.
(c) If
a place is provided on the harvester’s tag or label for a dealer’s name,
address, and certification number, the dealer’s information shall be listed
first.
(d) If
the harvester’s tag or label is designed to accommodate each dealer’s
identification as specified under Item (ii) of Subparagraph (a) of Paragraph
(3) of Subsection B of 7.6.2.8 NMAC, individual dealer tags or labels need not
be provided.
(5) 3-502.11
Variance requirement. A food establishment shall obtain a variance from the
regulatory authority as specified in Sections 8-103.10 and 8-103.11 of the food
code before:
(a) smoking food as a method of food preservation rather than as
a method of flavor enhancement;
(b) curing food;
(c) using food additives or adding components such as vinegar:
(i) as a method
of food preservation rather than as a method of flavor enhancement; or
(ii) to render a food so that it is not TCS food;
(d) packaging
TCS food using a reduced oxygen packaging method except where the growth of and
toxin formation by clostridium botulinum and the growth of listeria
monocytogenes are controlled as specified under Section 3-502.12 of the food
code;
(e) operating a molluscan shellfish life-support system display
tank used to store or display shellfish that are offered for human consumption;
(f) preparing food by another method that is determined by the
regulatory authority to require a variance; or
(g) sprouting seeds or beans.
(6) 4-205.10
Food equipment, certification and classification.
(a) Food
equipment, including new and replacement equipment, shall be certified or classified
for sanitation by an American national standards institute (ANSI) - accredited
certification program. Such accredited programs include, but are not limited
to, the national sanitation foundation (NSF), underwriters
laboratories (UL), intertek ETL, or the Canadian
standards administration (CSA).
(b) Food
equipment that is certified or classified for sanitation by an ANSI -
accredited certification program is deemed to comply with Parts 4-1 and 4-2 of
the Food Code.
(7) 4-301.11
Cooling, heating, holding capacities and use.
(a) Equipment
for cooling and heating food, and holding cold and hot food, shall be
sufficient in number and capacity to provide food temperatures as specified
under Chapter 3 of the food code.
(b) Steam
tables, slow cookers, and other hot holding devices shall not be used in
cooking, heating or reheating food as specified under Sections 3-401 and 3-403
of the food code.
(8) 5-102.11
Standards. Except as specified under
Section 5-102.12 of the food code:
(a) Water
from a public water system shall meet the construction and drinking water
quality standards specified in 20.7.10 NMAC; and
(b) Water
from a non-public water system shall meet:
(i) the construction requirements
and drinking water quality standards of a non-community water system as
specified in 20.7.10 NMAC; and
(ii) the drinking water source setback requirements as specified
in 20.7.3 NMAC.
(9) 5-102.13
Sampling. Except when used as specified under Section 5-102.12 of the Food
Code, water from a non-public water system shall meet the sampling requirements
of a non-community water system as specified in 20.7.10 NMAC.
(10) 5-203.13
Service sink.
(a) Except
as specified in Paragraph (C) of Section 5-203.13 of the food code, at least
one service sink or one curbed cleaning facility equipped with a floor drain
shall be provided and conveniently located for the cleaning of mops or similar
wet floor cleaning tools and for the disposal of mop water and similar liquid
waste.
(b) Toilets
and urinals may not be used as a service sink for the disposal of mop water and
similar liquid waste.
(c) When no
health hazard will exist, the regulatory authority may approve an alternative
method.
(11) 6-501.115
Prohibiting animals.
(a) Except
as specified in Subparagraphs (b) and (c) of Paragraph (10) of Subsection B of
7.6.2.8 NMAC, live animals may not be allowed on the premises of a food
establishment.
(b) Live
animals may be allowed in the following situations if the contamination of
food, clean equipment, utensils, and linens, and unwrapped single-service and
single-use articles cannot result:
(i) edible fish
or decorative fish in aquariums, shellfish or crustaceans on ice or under refrigeration,
and shellfish and crustaceans in display tank systems;
(ii) patrol
dogs accompanying police or security officers in offices and dining, sales, and
storage areas, and sentry dogs running loose in outside fenced areas;
(iii) in areas that
are not used for food preparation and that are usually open for customers, such
as dining and sales areas, service animals that are controlled by the disabled
employee or person, if a health or safety hazard will not result from the
presence or activities of the service animal;
(iv) pets in
the common dining areas of institutional care facilities such as nursing homes,
assisted living facilities, group homes, or residential care facilities at
times other than during meals if effective partitioning and self-closing doors
separate the common dining areas from food storage or food preparation areas,
condiments, equipment, and utensils are stored in enclosed cabinets or removed
from the common dining areas when pets are present, and dining areas including
tables, countertops, and similar surfaces are effectively cleaned before the
next meal service;
(v) in areas
that are not used for food preparation, storage, sales, display, or dining, in
which there are caged animals or animals that are similarly confined, such as
in a variety store that sells pets or a tourist park that displays animals; and
(vi) pet dogs
in outdoor dining areas, if allowed by the food establishment, and pet dogs are
excluded from any area where food is prepared, pet dogs are kept on a leash and
under reasonable control at all times, pet dogs are not allowed on chairs,
consumer’s laps, tables, or other furnishings, consumers shall not feed pet
dogs on food establishment tableware, and a sign approved by the regulatory
authority is posted at each entrance to the designated outdoor dining area
stating the conditions under which pet dogs are allowed and alerting patrons
that pet dogs are allowed and may be present.
(c) Live or
dead fish bait may be stored if contamination of food, clean equipment,
utensils, and linens, and unwrapped single-service and single-use articles
cannot result.
(12) 8-103.10
Modifications and waivers.
(a) The
regulatory authority may grant a variance by modifying or waiving the
requirements of the food code if in the opinion of the regulatory authority a
health hazard or nuisance will not result from the variance. If a variance is
granted, the regulatory authority shall retain the information specified under
Section 8-103.11 of the food code in its records for the food establishment.
(b) The
regulatory authority shall grant the variance, grant the variance subject to
conditions, or deny the variance within 15 working days following the receipt
of the variance request.
(13) 8-201.11
When plans are required. Except for temporary food
establishments, a permit applicant or permit holder shall submit to the
regulatory authority properly prepared plans and specifications for review and
approval at least 30 calendar days before:
(a) the construction of a food establishment;
(b) the conversion of an existing structure for use as a food
establishment;
(c) the
remodeling of a food establishment or a change of type of food establishment or
food operation as specified under Subparagraph (c) of Paragraph (17) of
Subsection B of 7.6.2 NMAC if the regulatory authority determines that plans
and specifications are necessary to ensure compliance with the food code; or
(d) opening or changing ownership of an existing food
establishment, if current plans and specifications are not on file with the
regulatory authority.
(14) 8-301.11
Prerequisite for operation.
(a) A
person may not operate a food establishment
or servicing area without a valid permit to operate issued by the regulatory authority.
(b) Except
as specified in Subparagraphs (c) and (d) of Paragraph (13) of Subsection B of
7.6.2 NMAC, when more than a single food
establishment is operated on the premises, each one shall be separately
permitted.
(c) Bars
operating in conjunction with a food establishment
do not require a separate permit.
(d) A
food establishment used as a
servicing area does not require a separate permit.
(e) Prior
to the issuance of a permit or the renewal of a permit, the regulatory
authority shall make inspections of the food establishment or food processing
plant as it deems necessary.
(15) 8-302.11
Submission 30 calendar days before proposed opening. An applicant shall submit
an application for a permit at least 30 calendar days before the date planned
for opening a food establishment, mobile food establishment, food processing
plant, or home-based food processing operation.
(16) 8-302.13
Qualifications and responsibilities of applicants. To qualify for a permit, an
applicant shall:
(a) be an owner of the food establishment or an officer of the
legal ownership;
(b) comply with the requirements of 7.6.2 NMAC;
(c) as specified under Paragraph (21) of Subparagraph B of
7.6.2.8 NMAC, agree to allow access to the food establishment and to provide
required information; and
(d) pay the applicable permit fees when approval to open is
granted by the regulatory authority.
(17) 8-302.14
Contents of the application. The application shall include:
(a) the name, mailing address, telephone number, and signature of
the person applying for the permit and the name, mailing address, and location
of the food establishment;
(b) information specifying whether the food establishment is
owned by an association, corporation, individual, partnership, or other legal
entity;
(c) a statement specifying whether the food establishment:
(i) is mobile or stationary and
temporary or permanent;
(ii) prepares, offers for sale, or serves
time/temperature control for safety food only to order upon a consumer’s
request, or in advance in quantities based on projected consumer demand and
discards food that is not sold or served at an approved frequency, or using
time as the public health control as specified under Section 3-501.19 of the
food code;
(iii) prepares time/temperature control for
safety food in advance using a food preparation method that involves two or
more steps which may include combining time/temperature control for safety food
ingredients, cooking, cooling, reheating, hot or cold holding, freezing or thawing;
(iv) prepares food
as specified under Item (ii) of Subparagraph (c) of Paragraph (16) of
Subparagraph B of 7.6.2.8 NMAC for delivery to and consumption at a location
off the premises of the food establishment where it is prepared;
(v) prepares food
as specified under Item (ii) of Subparagraph (c) of Paragraph (16) of
Subparagraph B of 7.6.2.8 NMAC for service to a highly susceptible population;
(vi) prepares only
food that is not time/temperature control for safety food;
(vii) does not prepare,
but offers for sale only prepackaged food that is not time/temperature control
for safety food;
(d) the name, title, address, and telephone number of the person
directly responsible for the food establishment;
(e) the
name, title, address, and telephone number of the person who functions as the
immediate supervisor of the person specified under Subparagraph (d) of
Paragraph (16) of Subsection B of 7.6.2.8 NMAC, such as the zone, district, or
regional supervisor;
(f) the
names, titles, and addresses of the persons comprising the legal ownership as
specified under Subparagraph (b) of Paragraph (16) of Subsection B of 7.6.2.8
NMAC, including the owners and officers, and the local resident agent if one is
required based on the type of legal ownership;
(g) a
statement signed by the applicant that attests to the accuracy of the
information provided in the application and affirms that the applicant will
comply with the food code, and allow the regulatory authority access to the
food establishment as specified under Subparagraph (a) of Paragraph (20) of
Subsection B of 7.6.2.8 NMAC and to the records specified under Sections
3-203.12 and 5-205.13 of the food code and Subparagraph (6) of Paragraph (D) of
Section 8-201.14 of the food code; and
(h) other information required by the regulatory authority.
(18) 8-303.20
Existing establishments, permit renewal, and change of ownership.
(a) The
regulatory authority may renew a permit for an existing food establishment upon
submission of a renewal form provided by the regulatory authority and the
required fee(s) as specified in Roman numerals (i)
and (ii) of Subparagraph (a) of Paragraph (3) of Subsection D of 7.6.2.8 prior
to the expiration date of the permit. Permit renewals that are not submitted before
the expiration date shall be assessed a late fee as specified in Subparagraph
(c) of Paragraph (3) of Subsection D of 7.6.2.8, regardless of whether a permit
fee is required.
(b) The
regulatory authority may issue a permit to a new owner of an existing food
establishment, mobile food establishment, servicing area, or food processing
plant upon completion of requirements as specified in Paragraph (13) of
Subsection B of 7.6.2.8 and Paragraph (15) of Subsection B of 7.6.2.8, and an
inspection shows it is in compliance with 7.6.2 NMAC.
(19) 8-401.10
Establishing inspection interval.
(a) Except
as specified in Subparagraph (b) of Paragraph (18) of Subsection B of 7.6.2.8
NMAC, the regulatory authority shall inspect a food establishment, mobile food
establishment, food processing plant, or home-based food processing operation
at least annually to determine compliance with the Food Service Sanitation Act,
the New Mexico Food Act, and 7.6.2 NMAC.
(b) The
regulatory authority may periodically inspect throughout its permit period a
temporary food establishment that prepares, sells, or serves unpackaged
time/temperature control for safety food and that:
(i) has
improvised rather than permanent facilities or equipment for accomplishing
functions such as handwashing, food preparation and protection, food
temperature control, warewashing, providing drinking
water, waste retention and disposal, and insect and rodent control; or
(ii) has
inexperienced food employees.
(c) When
an inspection conducted by the regulatory authority reveals a violation, or
repeat violation of priority items of 7.6.2 NMAC and a re-inspection is
scheduled by the regulatory authority, a re-inspection penalty fee shall be
assessed by the regulatory authority and paid by the operator as specified in
Subparagraph (d) of Paragraph (3) of Subsection D of 7.6.2.8 NMAC.
(20) 8-401.20
Performance- and risk-based. The regulatory authority shall prioritize, and
conduct more frequent inspections based upon its assessment of a food establishment’s
history of compliance with the food code and the establishment’s potential as a
vector of foodborne illness by evaluating:
(a) past performance, for nonconformance with code or HACCP plan
requirements that are priority items or priority foundation items;
(b) past performance, for numerous or repeat violations of Food
Code or HACCP plan requirements that are core items;
(c) past performance, for complaints investigated and found to
be valid;
(d) the hazards associated with the particular foods that are
prepared, stored, or served;
(e) the type of operation including the methods and extent of
food storage, preparation, and service;
(f) the number of people served; and
(g) whether the population served is a highly susceptible
population.
(21) 8-402.11
Allowed at reasonable times after due notice.
(a) After the regulatory authority presents official
credentials and provides
notice of the purpose
of, and an intent to conduct, an
inspection, the person in charge shall allow the regulatory
authority to determine if the food
establishment, mobile food establishment, food processing plant, or home-based
food processing operation is in compliance with the food code by allowing
access to the establishment,
allowing inspection, and providing information and records specified in the food code and to which the regulatory
authority is entitled
according to law, during
the food establishment’s hours of operation and other reasonable
times.
(b) The regulatory
authority shall be allowed to copy any records pertaining to the manufacture,
processing, packing, distribution, receipt, holding, or importation of food
maintained by or on behalf of a food establishment, mobile food establishment,
food processing plant, or home-based food processing operation in any format, including paper and
electronic formats, and at any location. Proprietary documents shall be
protected by the regulatory authority as specified
in Section 8-202.10 of the food code.
(22) 8-402.20
Refusal, notification of right to access, and final request for access. If a
person denies access to the regulatory authority, the regulatory authority
shall:
(a) inform the person that:
(i) the permit holder is required to allow access to the
regulatory authority as specified under Section 8-402.11 of the food code;
(ii) access is a condition of the
acceptance and retention of a food establishment permit to operate as specified
under Section 8-304.11 of the food code;
(iii) if access is denied, an order issued by
the appropriate authority allowing access, hereinafter referred to as an
inspection order, may be obtained according to law; and
(iv) refusal to
allow access is grounds for immediate permit suspension or revocation;
(b) make a final request for access.
(23) 8-403.30
Issuing report and obtaining acknowledgement of
receipt. The regulatory authority shall provide a copy of the completed
inspection report and the notice to correct violations, as soon as possible
after the inspection, to the permit holder or to the person in charge, and
request a signed acknowledgment of receipt.
(24) 8-801.10
Proper methods. A notice issued in accordance with the food code shall be considered
to be properly served if it is served by one of the following methods:
(a) the
notice is personally served by the regulatory authority, a law enforcement
officer, or a person authorized to serve a civil process to the permit holder,
the person in charge, or person operating a food establishment without a
permit; or
(b) the notice is sent by the regulatory authority to the last
known address of the permit holder or the person operating a food establishment
without a permit, by registered or certified mail or by other public means so
that a written acknowledgment of receipt may be acquired.
(25) 8-801.20
Restriction or exclusion order, hold order or immediate suspension. An employee
restriction or exclusion order, an order to hold and not distribute food, such
as a hold, detention, embargo, or seizure order which is hereinafter referred
to as a hold order, or an immediate suspension order
shall be:
(a) served as specified in Paragraph (24) of Subsection B of
7.6.2.8 NMAC; or
(b) clearly posted by the regulatory authority at a public
entrance to the food establishment and a copy of the notice sent by first class
mail to the permit holder or to the owner or custodian of the food, as
appropriate.
(26) 8-901.10
Conditions warranting remedy. The regulatory authority may seek an
administrative or judicial remedy to achieve compliance with the provisions of
the food code if a person operating a food establishment or employee:
(a) fails to have a valid permit to operate a food establishment
as specified under Section 8-301.11 of the food code;
(b) violates any term of condition of a permit as specified
under Section 8-304.11 of the food code;
(c) allows
repeated violations of the Food Service Sanitation Act, Chapter 25, Article 1
NMSA 1978; the New Mexico Food Act, Chapter 25, Article 2 NMSA 1978; or serious
or repeated food code violations to reoccur or remain uncorrected beyond time
frames for correction approved, directed, or ordered by the regulatory
authority;
(d) fails
to comply with a regulatory authority order issued as specified in Section
8-501.20 of the food code concerning an employee or conditional employee
suspected of having a disease transmissible through food by infected persons;
(e) fails to comply with a hold order as specified in Paragraph
(27) of Subsection B of 7.6.2.8 NMAC;
(f) fails
to comply with an order issued as a result of a hearing for an administrative
remedy as specified in Section 8-906.40 of the food code; or
(g) Fails
to comply with an immediate suspension order issued by the regulatory authority
as specified in Paragraph (24) of Subsection B of 7.6.2.8 NMAC and Paragraph
(30) of Subsection B of 7.6.2.8 NMAC.
(27) 8-903.10
Hold order, justifying conditions and removal of food.
(a) The
regulatory authority may place a hold order on a food that:
(i) originated from an un-approved
source;
(ii) may be
unsafe, adulterated, or not honestly presented;
(iii) is not labeled
according to law, or, if raw molluscan shellfish, is not tagged or labeled
according to law; or
(iv) is
otherwise not in compliance with the food code.
(b) If
the regulatory authority has reasonable cause to believe that the hold order
will be violated, of finds that the order is violated, the regulatory authority
may remove the food that is subject to the order to a place of safekeeping.
(28) 8-903.20
Hold order, warning or hearing not required.
(a) The
regulatory authority may issue a hold order to a permit holder or to a person
who owns or controls the food, as specified in Paragraph (26) of Subsection B
of 7.6.2.8 NMAC, without prior warning, notice of a hearing, or a hearing on
the hold order.
(b) If
the suspected food has been distributed, the permit holder shall be given the
opportunity to recall the food voluntarily at the permit holder’s expense.
(c) If
the permit holder refuses to recall the suspected food, the regulatory
authority may order a mandatory recall of the suspected food at the permit
holder’s expense.
(29) 8-903.60
Examining, sampling, and testing food. The regulatory authority may examine,
sample, and test food in order to determine its compliance with the Food
Service Sanitation Act, Chapter 25, Article 1 NMSA 1978; the New Mexico Food
Act, Chapter 25, Article 2 NMSA 1978; and 7.6.2 NMAC.
(30) 8-903.80
Destroying or denaturing food. When any food is found, by examination or
laboratory analysis, to be in violation of safe health standards, the
regulatory authority may order condemnation and disposal of the product lot, at
the expense of the permit holder.
(31) 8-904.10
Conditions warranting action. The regulatory authority may immediately suspend
a permit if it determines through inspection, or examination of employees, food
records, or other means as specified in the food code, that an imminent health
hazard exists.
(32) 8-904.20
Immediate suspension, warning or hearing not required.
The regulatory authority may immediately suspend a person’s permit as specified
in Paragraph (31) of Subsection B of 7.6.2.8 NMAC by providing written notice
as specified in Section Paragraph (25) of Subsection B of 7.6.2.8 NMAC of the
immediate suspension to the permit holder or person in charge, without prior
warning, notice of a hearing, or a hearing.
(33) 8-904.30
Contents of the notice. An immediate suspension notice shall state:
(a) that the food establishment permit is immediately suspended
and that all food operations shall immediately cease;
(b) the reasons for the immediate suspension with reference to
the provisions of the food code that are in violation;
(c) the
name and address of the regulatory authority representative to whom a written
request for re-inspection may be made and who may certify that reasons for the
suspension are eliminated; and
(d) that the permit holder may request an appeal hearing by
submitting a timely request as specified in Paragraph (35) of Subsection B of
7.6.2.8 NMAC and Paragraph (36) of Subsection B of 7.6.2.8 NMAC.
(34) 8-904.50
Term of suspension, reinstatement of permit.
(a) An
immediate suspension shall remain in effect until the conditions cited in the
notice of suspension no longer exist and their elimination has been confirmed
by the regulatory authority through re-inspection and other means as
appropriate.
(b) The
suspended permit shall be reinstated immediately if the regulatory authority
determines that the public health hazard or nuisance no longer exists. A notice
of the reinstatement shall be provided to the permit holder or person in
charge.
(35) 8-905.10
Response to notice of hearing or request for hearing, basis and time frame.
(a) A
permit applicant may request a hearing regarding the disposition of an
application for a new or revised permit if the regulatory authority does not
issue or deny the permit within the time frame specified in the Food Code.
(b) A
permit holder may request a hearing to address concerns about the regulatory
authority’s denial of application for a permit or request for a variance, or
compliance actions, except that a hearing request does not stay the regulatory
authority’s restriction or exclusion of employees specified in Section
Paragraph (31) of Subsection B of 7.6.2.8 NMAC.
(c) A
person desiring a hearing in response to a denial of an application for permit
or an adverse administrative determination shall submit a hearing request to
the regulatory authority within 10 calendar days of the date of the denial,
inspection, or compliance action.
(36) 8-905.20
Request for hearing, required form and contents. A request for hearing as
specified in Section 8-905.10 of the food code shall be in written form and
contain the following information.
(a) If
a request for hearing:
(i) a
statement of the issue of fact specified in Paragraph (B) of Section 8-905.30
of the food code for which the hearing is requested; and
(ii) a statement
of defense, mitigation, denial, or explanation concerning each allegation of
fact.
(b) If
either a response to notice of hearing or a request for a hearing:
(i) a statement indicating whether the presence of witnesses for
the regulatory authority is required; and
(ii) the name and
address of the respondent’s or requestor’s legal counsel, if any.
(37) 8-905.60
Notice, contents. A notice of hearing shall contain the following information:
(a) time, date and place of the hearing;
(b) purpose of the hearing;
(c) the
rights of the respondent, including the right to be represented by counsel and
to present witnesses and evidence on the respondent’s behalf as specified in
Paragraph (39) of Subsection B of 7.6.2.8 NMAC; and
(d) the consequences of failing to appear at the hearing.
(38) 8-905.100
Record of proceeding. A complete digital recording of a hearing shall be made
and maintained as part of the regulatory authority’s records.
(39) 8-907.10
Rights of parties.
(a) The
rules of civil procedure and the rules of evidence shall not apply, but a
hearing shall be conducted so that all relevant views, arguments, and testimony
are amply and fairly presented.
(b) Parties
to a hearing may be represented by counsel, examine and cross examine
witnesses, and present evidence in support of their position.
(40) 8-907.30
Evidence to be excluded. Evidence shall be excluded that is irrelevant,
immaterial, unduly repetitious, or excludable on constitutional or statutory
grounds, or on the basis of evidentiary privilege.
(41) 8-909.10
Gaining access to premises and records. The regulatory authority may seek
access for one or more of the following purposes, according to law for gaining
access:
(a) if
admission to the premises of a food establishment, mobile food establishment,
temporary food establishment, food processing plant, or home-based food
processing operation is denied or other circumstances exist that would justify
an inspection order under law, to make an inspection including taking
photographs;
(b) to examine and sample the food or other substances found on
the premises; and
(c) to examine and copy the records on the premises relating to
food as specified in Section 8-402.11 of the food code.
C. Omissions. The
following provisions are omitted from the incorporated food code:
(1) 5-203.11(C)
Handwashing sinks.
(2) 8-7
Authority.
(3) 8-902.20
Content of inspection order.
(4) 8-905.30
Provided upon request.
(5) 8-905.40
Provided in accordance with law.
(6) 8-905.50
Timeliness, appeal proceeding within five business days, other proceeding
within 30 calendar days.
(7) 8-905.70 Proceeding
commences upon notification.
(8) 8-905.80
Procedure, expeditious and impartial.
(9) 8-905.90
Confidential.
(10) 8-906.10
Appointment by regulatory authority and purpose.
(11) 8-906.20
Qualifications.
(12) 8-906.30
Powers, administration of hearings.
(13) 8-906.40
Powers, administrative remedies.
(14) 8-909.20
Contents of court petition.
(15) 8-909.30 Sworn statement of denied access.
(16) 8-909[ ].40
Contents of an order.
(17) 8-909.50
Optional contents of an order.
(18) 8-910.10
Institution of proceedings.
(19) 8-911.10
Authorities, methods, fines, and sentences.
(20) 8-912.10
Petitions of injunction.
(21) 8-913.10
Petitions, penalties, and continuing violations.
D. Additional requirements. Except as
otherwise provided, the following additions are made to the incorporated food
code:
(1) 2-104.11 Food handler cards.
(a) Except
as specified in Subparagraphs (b) and (g) of Paragraph (1) of Subsection D of
7.6.2.8 NMAC, food employees shall demonstrate their knowledge of safe food
handling practices through passing a test from a food handler training program
and possess a valid food handler card.
(b) Except
as specified in Subparagraph (g) of Paragraph (1) of Subsection D of 7.6.2.8
NMAC, individuals who do not possess a valid food handler card prior to
employment as a food employee shall obtain such card within 30 calendar days
from the beginning of employment.
(c) Food
handler cards shall be kept by the food employee on his or her person while
working at a food establishment or a copy kept on file by the current employer
and be made available for inspection by the regulatory authority.
(d) The
regulatory authority may approve an entity’s training program to be used in
lieu of requiring a food handler card of its food employees. A food employee
must complete the entity’s approved training program at least every three
years. This exemption is only valid during the food employees’ time of
employment with the entity that administered the training.
(e) An
employee or person in charge at any food establishment, food processing plant,
temporary food establishment, or mobile food establishment must provide
training regarding pertinent safe food handling practices to food employees
prior to beginning food handling duties, if the food employee does not hold a
valid food handler card. Record of the training, including name of instructor,
date of training, and name(s) of food employees shall be maintained on file and
made available to the regulatory authority upon request. The record of training
shall be maintained for the duration of the food employee’s employment.
(f) Food
handler cards shall be valid for three years from the date of issuance.
(g) This
paragraph does not apply to:
(i) food
employees who comply with Paragraph (1) of Subsection B of Section 7.6.2.8
NMAC;
(ii) food employees who comply with Subparagraph (b) of Paragraph
(1) of Subsection D of 7.6.2.8 NMAC;
(iii) food
employees who do not prepare or handle Time/Temperature Control for Safety
Food, provided that at a minimum the permit holder assures the employee
complies with Subparagraph (e) of Paragraph (1) of Subsection D of 7.6.2.8
NMAC;
(iv) employees
or volunteers who occasionally function as a food employee, provided that at a
minimum the permit holder assures the employee complies with Subparagraph (e)
of Paragraph (1) of Subsection D of 7.6.2.8 NMAC;
(v) food
employees or volunteers working as food employees of temporary food
establishments, provided that at a minimum the person in charge during hours of
operation complies with Paragraph (1) of Subsection B of Section 7.6.2.8 NMAC
or has a valid food handler card, either of which shall be obtained prior to
issuance of a temporary food establishment permit, and the permit holder
assures the food employee or volunteer complies with Subparagraph (e) of
Paragraph (1) of Subsection D of 7.6.2.8 NMAC;
(vi) food
employees or volunteers working as food employees for charitable organizations
serving the needy, provided that at a minimum the person in charge during hours
of operation complies with Paragraph (1) of Subsection B of Section 7.6.2.8
NMAC; or
(vii) employees who do not function as food employees.
(h) The
food handler card requirements of Paragraph (1) of Subsection D of Section
7.6.2.8 NMAC shall become effective three months after the effective date of
7.6.2.8 NMAC.
(2) 8-301.12
Responsibility for operation.
(a) Except
as specified in Subparagraphs (b) and (c) of Paragraph (2) of Subsection D of
7.6.2.8 NMAC, the permit holder shall be responsible for all food operations
conducted on the premises for which a permit is issued.
(b) Permit
holders shall not be responsible for food operations on the premises when
another permit holder is operating
with a permit.
(c) Each
permit holder shall be responsible for shared facilities or equipment on the
premises.
(3) 8-303.15
Permit fees, late fees, penalty fees, and expiration dates.
(i) $200.00 for food establishments,
mobile food establishments, servicing areas, and food processing plants;
(ii) $100.00
for home-based food processing operations; and
(iii) $25.00 for temporary food
establishments for each single event or celebration.
(b) Permit
fees shall be waived for food establishments, mobile food establishments, and
temporary food establishments that provide food to consumers at no charge, as
well as temporary food establishments that serve only non-TCS food or operate
no more than two days in a calendar month.
(c) In
addition to the permit fees specified above, a $25 late fee shall be added to
the permit fee if the permit is not renewed on or before the expiration date of
the permit.
(d) A
re-inspection penalty fee of $100 shall be assessed by the regulatory authority
and paid by the operator when a re-inspection is scheduled by the regulatory
authority as specified in Subparagraph (c) of Paragraph (18) of Subsection B of
7.6.2.8 NMAC.
(e) If
a permit is not renewed as specified in Section 8-303.20 of the food code, and
applicable re-inspection penalty fees are not paid within 30 days after the
expiration of the permit, a new permit shall not be issued except upon
completion of requirements specified in Section 8-303.10 of the food code.
(f) Permits
issued by the regulatory authority shall include an expiration date, which
shall be:
(i) The last day of the anniversary
month of the date of original issue for food establishments, mobile food
establishments, servicing areas, and food processing plants.
(ii) The
last day of the single event or celebration for temporary food establishments.
(g) No
discount or refund shall be made for partial years or for permit suspension or
revocation.
(4) 8-407.11
Posting of compliance emblems.
(a) Except
as specified in Subparagraph (e) of Paragraph (4) of Subsection D of 7.6.2.8
NMAC, an emblem indicating the compliance status of a food establishment shall
be posted in a conspicuous place at each entrance to the food establishment
where it can be easily seen by consumers and shall be posted or removed only by
the regulatory authority.
(b) An
“approved” emblem shall be posted at a food establishment that is operated in
compliance with the food code.
(c) An
“unsatisfactory” emblem may be posted at a food establishment when any priority
items are out of compliance during an inspection; or any priority item, priority
foundation item, or core item is out of compliance on a repeated basis within
the last 25 months.
(d) Removal,
defacing, or obstruction of an emblem by any person other than the regulatory
authority shall result in immediate permit suspension or revocation.
(e) Food
processing plants and temporary food establishments are exempt from the posting
of compliance emblems.
(5) 8-901.201
Permit suspension and revocation.
(a) The
regulatory authority may suspend or revoke a permit for reasons specified in
Section 8-901.10 of the food code.
(b) The
regulatory authority shall conduct a hearing as specified in Section 8-905
of
the food code, as amended in 7.6.2 NMAC, prior to suspending or revoking a
permit.
(c) The
permit holder shall be notified of the hearing at least seven days prior to the
hearing as specified in Paragraph (37) of Subsection B of 7.6.2.8 NMAC.
(d) Failure
by the permit holder to appear shall result in immediate suspension or
revocation of the permit.
(e) The
suspension of a permit shall remain in effect until the conditions leading to
the suspension no longer exist and their elimination has been confirmed by the
regulatory authority through re-inspection and other means as appropriate.
(f) A
permit shall only be revoked if a permit has previously been suspended.
(g) A
permit that has been revoked shall not be considered for reapplication until
the permit holder has demonstrated to the satisfaction of the regulatory
authority that the food establishment will comply with the food code.
[7.6.2.8
NMAC - Rp, 7.6.2.8 NMAC, 12/1/2018]
7.6.2.9 MOBILE FOOD ESTABLISHMENT
REQUIREMENTS:
A. In
addition to meeting the applicable requirements of 7.2.6.8 NMAC, with the
exception of Section 5-203.12 of the food code, mobile food establishments
shall comply with the requirements specified in this section.
B. The
regulatory authority may impose additional requirements for mobile food
establishments as specified in Section 8-102.10 of the food code. Additional
requirements may include, but are not limited to:
(1) limiting or restricting the number and type of food items to
be prepared and served;
(2) limiting or restricting preparation steps;
(3) limiting or restricting hours of operation, or hours of
operation before returning to a servicing area; or
(4) requiring a servicing area or mobile support unit.
C. The
regulatory authority may modify or waive requirements for mobile food
establishments as specified in Paragraph (12) of Subsection B of
7.6.2.8 NMAC and Section 8-103.11 of the food
code.
D. Mobile
food establishments shall provide the following required information as
specified in Paragraph (F) of Section 8-201.12 of the food code:
(1) the location of the potable water source;
(2) the location and method of solid and liquid waste disposal;
and
(3) the identifying system used to distinguish the permitted
unit from others.
E. Mobile
food establishments shall have adequate electrical and fuel capacity, as
determined by the regulatory authority, to allow proper operation of equipment.
The electrical and fuel sources shall be adequately supplied at all times when
food temperature control is required.
F. Mobile
food establishments shall be operated within 200 feet of toilet facilities as
specified in Sections 5-203.11 and 5-203.12 of the food code whenever the unit
is stopped to operate for more than a two hour period.
G. The
operation of mobile food establishments shall be conducted within the enclosure
of the permitted unit. During a single event or celebration, certain operations
(e.g., additional covered storage, additional food preparation area, outdoor
serving counter) may be conducted outside of the enclosure, when approved. If
approved, an additional temporary food establishment permit shall be required.
H. Mobile
food establishments shall provide only single-service articles for use by
consumers.
I. Self-contained
mobile food establishment requirements. Self-contained mobile food
establishments shall:
(1) meet all of the equipment requirements of the food code;
(2) include adequate storage facilities on the unit for all food,
equipment, utensils, supplies, potable water, and waste water used in the
operation of the unit;
(3) be
capable of accomplishing all steps of the operation, including required food
preparation and warewashing, within the enclosure of
the unit;
(4) provide,
as specified in Paragraph (F) of Section 8-201.12 of the food code, how and
where the unit will be cleaned and serviced and where it will be stored during
non-operating hours; and
(5) notify the regulatory authority office of jurisdiction at least
24 hours in advance before operating in a jurisdictional area outside of the
permitting office.
J. Non-self-contained
mobile unit and pushcart requirements.
(1) Non-self-contained
mobile units and pushcarts shall provide, as specified in Paragraph (F) of
Section 8-201.12 of the food code, an agreement between the operator and the
servicing area that includes:
(a) the days and hours the servicing area will be used;
(b) the extent of support services to be provided; and
(c) a copy of the current servicing area permit.
(2) Prior
to discontinuing use of a servicing area, the operator shall provide a revised
agreement as specified in Paragraph (1) of Subsection J of 7.6.2.9 NMAC for a
new servicing area. Mobile food establishments shall not operate prior to the
approval of a new servicing area.
(3) Non-self-contained
mobile units and pushcarts shall operate within a reasonable distance, and
report at least daily, to the servicing area for support services.
(4) Non-self-contained
mobile units and pushcarts shall notify the regulatory authority in writing and
receive prior approval to operate outside of a reasonable distance of the
servicing area.
K. Additional
pushcart requirements.
(1) Pushcarts
are limited to:
(a) serving non-TCS foods or drinks;
(b) serving individually commercially packaged TCS foods in the
original packaging and maintained at proper temperatures; and
(c) assembling and serving of pre-cooked sausage (e.g., hot dog,
bratwurst, frankfurter) with commercially prepared toppings (e.g., chili,
sauerkraut, relish).
(2) Pre-preparation,
such as washing, slicing, peeling, cutting of food intended for use on a
pushcart, shall occur at the servicing area.
(3) Food
handling shall be conducted under an overhead protective cover.
(4) Grills
shall include a protective lid that can be readily closed.
(5) Operators
of pushcarts shall ensure the following are contained on, or within, the cart
in sufficient supply for daily operation:
(a) food, utensils, single service articles, and cleaning
supplies;
(b) handwashing
sink as specified in Section 5-202.12 of the food code with a minimum of five
gallons of potable water; and
(c) wastewater holding tank meeting the requirements of Section
5-401.11 of the food code.
(6) TCS
food served on pushcarts shall not be subsequently cooled and reheated.
(7) Ice
chests may be utilized for packaged food provided that they are continuously
drained in an approved manner and the food is maintained at temperatures as
specified in Section 3-202.11 of the food code.
[7.6.2.9
NMAC - Rp, 7.6.2.9 NMAC, 12/1/2018]
7.6.2.10 TEMPORARY FOOD ESTABLISHMENT
REQUIREMENTS:
A. In
addition to meeting the applicable requirements of 7.6.2.8 NMAC, with the exception
of Section 5-203.12 of the food code, temporary food establishments shall
comply with the requirements specified in this section.
B. The
regulatory authority may impose additional requirements for temporary food
establishments as specified in Section 8-102.10 of the food code. Requirements
may include, but are not limited to:
(1) require food safety training for employees prior to issuing
a permit;
(2) restrict
the number and type of food items to be prepared and served;
(3) restrict
preparation steps;
(4) restrict hours of operation; or
(5) require a servicing area for advanced preparation of food.
C. The
regulatory authority may modify or waive requirements for temporary food
establishments as specified in Paragraph (12) of Subsection B of
7.6.2.8 NMAC and Section 8-103.11 of the food
code.
D. Temporary
food establishment requirements.
(1) Temporary
food establishments shall serve only food that has been approved.
(2) Except
as specified in this subparagraph, temporary food establishments shall conduct
all food operations within the approved enclosure. Temporary food
establishments may, after approval, store or prepare food at an offsite food
establishment prior to operation when:
(a) the food establishment has adequate equipment for the type
and volume of food and preparation steps required; and
(b) the temporary food establishment operator provides to the
regulatory authority a letter of agreement between the operator and the food
establishment that includes:
(i) the days
and hours the food establishments will be used;
(ii) a list of tasks that will be performed at the food
establishments; and
(iii) a copy of the current food establishment permit.
(3) Temporary
food establishments shall provide, in writing, to the regulatory authority for
approval the:
(a) location of the approved potable water source;
(b) location and method of solid waste disposal; and
(c) location and method of liquid waste disposal.
(4) Temporary
food establishments shall supply a handwashing sink, located as specified in
Section 5-204.11 of the food code, for employee hand washing. At a minimum, a
handwashing sink shall consist of a container with a faucet-type spigot filled
with warm water and a catch bucket for the wastewater. The water shall be
maintained at a minimum of 100 degrees fahrenheit
as specified in Section 5-202.12 of the food code.
(5) Temporary
food establishments shall maintain an adequate supply of liquid soap and single
use paper towels at the handwashing sink at all times.
(6) Temporary
food establishments shall provide a warewashing
station as specified in Section 4-301.12 of the food code. Extra utensils may
be approved in lieu of a warewashing station as
specified in Table 10-1, below.
(7) Temporary
food establishments shall maintain an adequate supply of potable water at all
times during operation for tasks such as: handwashing; food preparation; and
washing, rinsing, and sanitizing of surfaces, utensils, and equipment. Except
as specified in Table 10-1, below, auxiliary heating units capable of producing
an adequate supply of hot water for such purposes shall be provided.
(8) Temporary
food establishments shall provide an adequate supply of ice, as necessary, to
maintain TCS food at temperatures as specified in Section 3-501.16 of the food
code.
(9) Temporary
food establishments shall not store packaged food in undrained ice or iced
water, except for pressurized containers of non-TCS beverages. The water or ice
shall contain at least 10 parts per million of available chlorine and shall be
changed as necessary to keep the water and container clean. Ice used to store
food shall not be used as food.
(10) Temporary
food establishments shall not store raw meat, poultry, fish, or eggs in the same
ice chests as ready-to-eat food when ice chests are approved for use to store
food as specified in Table 10-1, below.
(11) Temporary
food establishments shall transport food at temperatures as specified in
Section 3-501.16 of the Food Code and protect food from contamination as
specified in Part 3-3 of the food code.
(12) Temporary
food establishments shall not carry over previously heated or cooked food from
one day to the next. This requirement may be waived for Type 3 temporary food
establishments (as identified in Table 10-1, below) or for food prepared in
advance at an offsite food establishment.
(13) Temporary
food establishments shall operate on a surface that is smooth, easily
cleanable, and non-absorbent (e.g., concrete, machine laid asphalt). Grass may
be approved as specified in Table 10-1, below.
(14) Temporary
food establishments shall operate under a weather-resistant covering that is
smooth, easily cleanable and nonabsorbent to protect the operation from
overhead contamination.
(15) Temporary
food establishments shall be constructed in a manner that prevents the entrance
of insects or other vermin and adequately protects food from consumers and
environmental contamination.
(16) Temporary
food establishments shall provide separation (e.g. table) to keep consumers
from entering the food operation.
(17) Temporary
food establishments shall provide walls that are smooth, easily cleanable, and
non-absorbent. This requirement may be waived when flying insects and other
pests are absent due to location, weather, or other limiting conditions. Except
as specified in Table 10-1, below, walls shall meet the following requirements:
(a) cover tightly from ceiling to floor;
(b) use
an approved counter-serving opening with tight fitting screened doors or air
curtain; counter-serving openings shall be kept closed, except when in use; and
(c) when approved for use, screening shall be 16 mesh to 1 inch.
(18) In
conjunction with the requirements specified in this section, a temporary food
establishment shall, based upon risk, be classified as a Type 1, 2 or 3
temporary food establishment and meet the
corresponding requirements specified in Table 10-1, below.
Table
10-1
|
|
Type
1 |
Type
2 |
Type
3 |
|
Menu |
unpackaged
non-TCS commercially
processed packaged TCS in original package (receive-store-hold) |
no
cook (receive-store-minimum prep*-hold-serve) same
day prep (receive-store-minimum prep*-cook-hold-serve) reheat
commercially processed (receive-store-reheat-hold-serve) |
complex
food prep (receive-store-prep-cook-cool-reheat-hot hold-serve) serving
highly susceptible population |
|
Handwashing |
gravity
fed <=
4 hrs - insulated container or auxiliary heating
source >
4 hrs - auxiliary heating source |
same
as Type 1 |
hot
& cold running water under pressure |
|
3-compartment
sink |
unpackaged
non-TCS <=
4 hrs - 3-comp or extra utensils >
4 hrs - 3-comp required packaged
TCS: not required |
same
as Type 1 unpackaged non-TCS |
3-comp
required w/hot & cold running water under pressure |
|
Refrigeration |
unpackaged
non-TCS: not required packaged
TCS: <=
1 day - insulated ice chest w/drained ice 2-3
days - mechanical equipment >
3 days - mechanical ANSI equipment only |
same
as Type 1 packaged TCS |
mechanical
ANSI equipment only |
|
Cold
holding (e.g.,
prep table, display case) |
unpackaged
non-TCS: not required packaged
TCS: ice
bath 2-3
days - mechanical equipment recommended >
3 days - mechanical ANSI equipment recommended |
same
as Type 1 packaged TCS |
same
as Type 1 packaged TCS |
|
Hot
holding |
not
allowed |
covered
non-ANSI equipment allowed** |
covered
ANSI equipment only |
|
Cooking/
reheating |
not
allowed |
covered
non-ANSI equipment allowed** |
covered
ANSI equipment only |
|
Flooring |
grass;
smooth, durable, easily cleanable such as: concrete, machine-laid asphalt,
sealed wood, tile, impermeable tarp |
<=
2 days - same as Type 1 >
2 days - same as Type 1, no grass |
<=
3 days - same as Type 1, no grass >
3 days - constructed flooring |
|
Walls |
unpackaged
non-TCS <=
3 days - no sides, ability to cover solid >
3 days - 3.5 side screening, ability to cover solid packaged
TCS: not required |
<=
1 day - no sides, ability to cover solid 1 to
3 days - 3.5 side screening, ability to cover solid >
3 days - complete enclosure w/approved opening |
complete
enclosure w/approved opening |
|
Training |
as
required by regulatory authority |
as
required by regulatory authority |
certified
food protection manager required |
*Minimum
preparation includes activities such as: slicing/cutting fruits and vegetables,
opening commercially packaged TCS foods, and seasoning TCS foods. Minimum preparation
does not include activities such as: cutting, slicing, or forming raw meat,
poultry, or fish; assembly of complex menu items.
**Chafing
dishes may be allowed for events of four hours or less. Insulated ice chests
and slow cookers are not allowed for hot holding. Slow cookers are not allowed
for heating, cooking, or reheating.
[7.6.2.10
NMAC - Rp, 7.6.2.10 NMAC, 12/1/2018]
7.6.2.11 GENERAL
FOOD PROCESSING REQUIREMENTS:
A. Food processing
plant permit requirements.
(1) All
food processing plants shall comply with all applicable provisions of 7.6.2.8
NMAC.
(2) No
person shall operate a food processing plant without a permit issued by the
regulatory authority.
(3) When
a food establishment has an adjunct/additional food processing plant, each such
business may be permitted separately.
B. 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) “Misbranding”
includes statements, designs, or pictures in labeling that are false or misleading,
or failure to provide required information outlined in Paragraph (2) of
Subsection D of 7.6.2.11 NMAC.
(4) Adulterated
or misbranded food products shall be reconditioned, condemned or destroyed in
accordance with Section 25‑2‑6, NMSA 1978.
C. 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.
D. Standards if
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 (CFR),
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 promulgated, 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 CFR, Title 21, Part 101.
E. 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 CFR, 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 food processing plants and file processing
information for all products with the FDA using appropriate forms. Registration
and processing information forms are obtainable on request from: FDA, 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.
F. Operational
plans.
(1) Food
processing plants shall, at the time of application for a permit for review and
acceptance by the regulatory authority, provide the following information for
the product(s) to be manufactured and distributed:
(a) names of the ingredient(s);
(b) the final product pH if appropriate;
(c) the final product water activity (aw) if
appropriate;
(d) names of preservative(s);
(e) 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
(f) the complete operational procedure for product formulation,
using a flow chart to show at what stage(s) each ingredient is added.
(2) Food
processing plants shall, at the time of application for a permit for review and
acceptance by the regulatory authority, provide the following information about
product distribution:
(a) the intended distribution and use condition of the product;
(b) if the product is to be distributed at ambient, refrigerated
or frozen temperature;
(c) the expected shelf life during distribution, retail storage,
and in the hands of the ultimate consumer;
(d) how the product should be prepared for consumption; and
(e) what mishandling of the product might occur in the
merchandising channels or in the hands of the consumer.
(3) Food
processing plants shall, at the time of application for a permit for review and
acceptance by the regulatory authority, state the intended process (cooking
time and temperatures). This information may be included in the flow chart
required in Subparagraph (f) of Paragraph (1) of Subsection F of 7.6.2.11 NMAC.
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.
(4) Food
processing plants shall, at the time of application for a permit for review and
acceptance by the regulatory authority, submit product labels that comply with
all requirements of Subsection C of 7.6.2.11 NMAC.
(5) 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 regulatory authority:
(a) for
each new product, the same information as specified for the initial application
in Paragraphs (1), (2), (3) and (4) of Subsection F of 7.6.2.11 NMAC; 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 Paragraphs (1), (2), (3) and
(4) of Subsection F of 7.6.2.11 NMAC.
(6) All
food processing plants 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.
(7) The
regulatory authority may require that the food processing plant’s processes be
reviewed by a competent process authority to approve all critical factors of
public health significance as defined in the CFR, Title 21, Sections 114.83 and
114.89.
(8) In
lieu of a process authority, the regulatory authority may accept those
processes which comply with Paragraphs (1) and (2) of Subsection E of 7.6.2.11
NMAC.
(9) Recall
procedures shall be prepared and must be on file at the food processing plant.
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 regulatory
authority, FDA, and United States department of agriculture (USDA) of any
recalls; and for implementing recall programs.
(10) Whenever
the regulatory authority finds or has probable cause to believe that any food
processing plant’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 food processing plant, if not yet
distributed to consumers or retail outlets, until a determination of ultimate
disposition is made.
(11) If
the suspected lot has been distributed, the food processing plant shall be
given the opportunity to recall the product voluntarily at the processor’s
expense.
(12) If
a food processing plant refuses to conduct a voluntary recall, the secretary of
the New Mexico environment department may order a mandatory recall of the
suspected product lot at the processor’s expense.
(13) When
any food product is found, by examination or laboratory analysis, to be in
violation of the standards of Subsections B, D or E, of 7.6.2.11 NMAC, the
secretary of the New Mexico environment department may order condemnation and
disposal of the product lot at the food processing plant’s expense.
G. Compliance with
accepted operational procedures.
(1) A
copy of the accepted process and procedures shall be on file at the food
processing plant. It shall be available for review by the regulatory authority
at all times. A food processing plant shall not deviate from the accepted
process and operational procedures without written consent of the regulatory
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 of the New Mexico
environment department may request that certain foods be examined for specific
pathogenic microorganisms or their toxins.
[7.6.2.11
NMAC - Rp, 7.6.2.11 NMAC, 12/1/2018]
7.6.2.12 JERKY MANUFACTURED FOOD REQUIREMENTS:
A. In
addition to complying with the requirements specified in 7.6.2.11 NMAC, food
processing plants that produce jerky shall comply with the requirements
specified in this section.
B. Food
processing plants that produce jerky shall have the appropriate approved
equipment to measure and monitor food safety factors related to the production
of jerky.
C. Cooking.
The following parameters shall be achieved in a sealed oven, for a minimum of
one hour, and no less than fifty percent of the cooking time, during the jerky
cooking process:
(1) a minimum internal temperature of 145 degrees fahrenheit for four minutes for meat and 165 degrees fahrenheit instantaneous for poultry; and
(2) maintain a steady or increasing relative humidity level
throughout the cooking process.
D. In lieu of
complying with the cooking parameters specified in Subsection C of 7.6.2.12
NMAC the regulatory authority may approve alternative methods for treating
product provided that the proposed method is scientifically-based and
adequately documented by data developed according to an experimental protocol.
E. Food
establishments that produce jerky shall:
(1) meet the requirements of Subsections B and C of 7.6.2.12
NMAC;
(2) have
an approved operational plan for each product produced;
(3) keep
the operational plan on file at the food establishment;
(4) follow the approved operational plan and not deviate from it
without approval from the regulatory authority; and
(5) monitor and record food safety factors, including but not
limited to, time, temperature, and humidity and make the records available to
the regulatory authority.
[7.6.2.12
NMAC - Rp, 7.6.2.12 NMAC, 12/1/2018]
7.6.2.13 BOTTLED DRINKING WATER
MANUFACTURED FOOD REQUIREMENTS:
A. In
addition to meeting the requirements specified in 7.6.2.11 NMAC, food
processing plants that produce bottled drinking water shall comply with the
requirements specified in this section.
B. Bottled
drinking water processing operational requirements and standards.
(1) The
bottled drinking water plant shall follow generally accepted good manufacturing
practice such as contained in 21 CFR Part 129 or the international bottled
water association bottled water code of practice.
(2) Bottled
drinking water which is bottled through lines or equipment used for food or
milk products shall demonstrate (assure) that the cleaning process prevents
adulteration of the bottled water. Bottled drinking water shall not be
transported or stored in bulk tanks used for any non-food product, nor
processed or bottled through equipment or lines used for any non-food product.
C. Bottled
drinking water labeling requirements. All bottled drinking water labels shall
meet the requirements specified in Subsection C of 7.6.2.11 NMAC.
D. Analytical
requirements. Unless otherwise provided, samples shall be collected, prepared,
and examined using the most current methods for the examination of drinking
water listed in 40 CFR Part 141 or by other methods for the examination of
drinking water approved by the United States environmental protection agency.
Examination of samples shall be performed by an approved laboratory.
E. Monitoring
requirements.
(1) Bottled
drinking water plants shall be required to submit one microbiological sample
per finished product per week. A copy of the microbiological analysis report
shall be submitted within 10 working days of analysis to the regulatory
authority. Any coliform or fecal coliform positive result shall require the
plant owner or operator to notify the regulatory authority within 24 hours and
to submit to resampling guidelines specified in 20.7.10 NMAC.
(2) Bottled
drinking water plants that know that a maximum contaminant level, as specified
in 20.7.10 NMAC, has been exceeded or who have reason to believe circumstances
exist that may adversely affect the safety of bottled drinking water, including
but not limited to source contamination, spills, accidents, natural disasters,
or breakdowns in treatment, shall notify the regulatory authority within 24
hours.
[7.6.2.13
NMAC - Rp, 7.6.2.13 NMAC, 12/1/2018]
7.6.2.14 SHELLFISH REQUIREMENTS: Adoption
of national shellfish sanitation program (NSSP) guide for control of molluscan
shellfish. Except as otherwise provided, the 2017 NSSP guide
for control of molluscan shellfish is hereby adopted and incorporated in its
entirety.
[7.6.2.14
NMAC - Rp, 7.6.2.14 NMAC, 12/1/2018]
7.6.2.15 HOME-BASED FOOD PROCESSING:
A. Plan review,
permitting, inspection, and training requirements.
(1) No
person shall operate a home-based food processing operation without a permit.
(2) In addition to meeting the applicable requirements of
7.6.2.8 NMAC and 7.6.2.11 NMAC, home-based food processing operations shall
comply with the requirements specified in this section.
(3) Home-based food processing operations shall meet the
requirements of Paragraph (1) of Subsection D of 7.6.2.8 NMAC and Part 2-1 of the food code.
(4) The
permit issued shall be displayed at the home-based food processing operation. A
copy of the permit shall be displayed at places at which the operator sells
food at times when the operator is selling the home-based processed foods.
B. Food protection
requirements.
(1) Home-based
processed food products and components shall be stored separate and apart from
residential foods and protected from contamination, insects, rodents, pests,
water leaks, dust, dirt and other contaminants.
(2) Home-based
food processing operations must keep a sample of each processed food batch for
14 days. The samples shall be labeled with the production date and time.
(3) Vehicles
used in transporting home-based processed food products shall be maintained in
a safe and sanitary manner. Vehicle compartments used to transport animals
shall not be used for transporting home-based processed foods.
C. Exceptions and
limitations.
(1) The
following provisions from the food code, as amended in 7.6.2 NMAC, shall not
apply to home-based food processing operations:
(a) 8-407.11;
(b) 5-501.11;
(c) 4-803.11;
(d) 6-202.112;
(e) 4-803.13(A);
(f) 4-402.11;
(g) 4-402.12;
(h) 4-205.10;
(i) 8-101.10(B);
(j) 6-202.14;
(k) 6-201.14;
(l) 6-201.13;
(m) 4-701.10;
(n) 5-204.11;
(o) self-closing doors as required in 6-202.15(A)(3); and
(p) 5-501.10.
(2) Food
products processed by home-based food processing operations shall not be
time/temperature control for safety foods and shall be approved by the
regulatory authority.
(3) Home-based
food processing operations shall only sell their products at farmer’s markets,
roadside stands, festivals, or other venues in which the producer sells
directly to the consumer.
(4) Products
processed by a home-based food processing operation shall not be sold, used, or
offered for consumption in food establishments including, but not limited to,
restaurants, grocery stores and convenience stores, by internet sales, or sold
in interstate commerce.
(5) Pets
shall not be permitted in the kitchen and shall be kept out of food preparation
areas during home-based food processing related activities.
(6) Non-employees
shall not be allowed entry into the kitchen during home-based food processing related
activities. Home-based food processing operations shall not wash out or clean
pet cages, pans or similar items in the kitchen.
(7) Household
cooking may not occur in the kitchen during home-based food processing-related
activities.
(8) The
following provisions from the food code, as amended in 7.6.2 NMAC, are
applicable to home-based food processing operations only during home-based food
processing related activities:
(a) 2-103.11;
(b) 2-401.11;
(c) 3-304.11;
(d) 4-701.10;
(e) 5-204.11;
(f) 5-205.11;
(g) 5-501.13;
(h) 6-301.12;
and
(i) 6-501.115.
(9) Home-based
food processing operations shall submit a detailed procedure to be used to
clean and sanitize the kitchen sink before and during home-based food
processing related activities.
(10) Home-based
food processing operations shall comply with Section 5-402.11 of the food code
unless an alternative method is approved.
D. Home-based food
labeling. A home-based food processing operation shall properly label all foods
in accordance with Subsection C of 7.6.2.11 NMAC and include the words “home
produced” in bold conspicuous 12 point type on the principal display panel.
[7.6.2.15
NMAC - Rp, 7.6.2.15 NMAC, 12/1/2018]
7.6.2.16 CATERING FOOD ESTABLISHMENTS:
A. In addition to complying with the
requirements specified in 7.6.2.8 NMAC food establishments that cater shall
comply with the requirements specified in the section.
B. Catering food establishments shall:
(1) operate from a permitted food establishment or servicing
area,
(2) be permitted and operated separately from other permitted food
establishments or servicing areas,
(3) upon request by the regulatory authority, provide a schedule
of events to be catered, and
(4) supply
a handwashing sink and adequate supply of liquid soap and single use paper
towels as specified in Paragraph (4) and (5) of Subsection D
of 7.6.2.10 NMAC when the catering activity includes preparation, delivery,
and/or display, service, and restocking of food that is not packaged.
[7.6.2.16
NMAC, N, 12/1/2018]
Pre-NMAC History:
Material in the part was derived from that previously filed with the commission
of public records - state records center and archives:
EIB
Rule 73-1, Regulations Governing Food Protection In
Food-Service Establishments, 6/25/1973.
EIB
Rule FQM 2, Food Service Regulations; 10/15/1980.
EIB
Rule FQM 2, Food Service Regulations; 11/14/1985.
EIB
Rule FQM 2, Food Service and Processor Regulations; 5/22/1990.
EIB
Rule FQM 2, Food Service And Processor Regulations;
12/02/1992.
History of Repealed Material:
7
NMAC 6.1 Food Service And Food Processing Regulations
- Repealed, 8/12/2000.
7.6.2
NMAC, Food Service And Food Processing, filed
7/13/2000 - Repealed effective 3/1/2016.
7.6.2
NMAC, Food Service and Food Processing, filed 3/1/2016 - Repealed effective
12/1/2018.