New Mexico Register / Volume XXXVII,
Issue 12 / June 23, 2026
This
is an amendment to 7.6.2 NMAC Sections 8, 11, and 15 effective 10/1/2026
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 and payment of the applicable variance application
fee as specified under Item (iii) of Subparagraph (a) of Paragraph (3) of
Subsection D of 7.6.2.8 NMAC.
(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 the
applicable plan review application fee as specified under Items (iv) and (v) of
Subparagraph (a) of Paragraph (3) of Subsection D of 7.6.2.8 NMAC,
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 Section 8-201.14(D)(6) 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 of a
priority item, or repeat violation of [priority items] of
a priority foundation or core item within the last 25 months 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,] Fees and expiration
dates.
(i) $200.00
permit fee for food establishments, mobile food establishments,
servicing areas, and food processing plants;
[(ii) $100.00 for home-based food processing operations; and]
[(iii)] (ii) $25.00 permit fee
for temporary food establishments for each single event or celebration.
[(iv)]
(iii) $400.00
variance application fee;
[(v)]
(iv) plan review application fee, Food Establishment:
$300.00 – 0 -- 1000 square feet of kitchen, storage and ware
washing areas; $600.00 -- 1001 - 2000 square feet of kitchen, storage and ware
washing areas; and $900.00 -- 2001+ square feet of kitchen, storage and ware
washing areas.
[(vi)]
(v) Plan
review application fee, Food Processing Plant:
$400.00 -- 0 - 1000 square feet of processing, storage and
ware washing areas; $900.00 -- 1001 - 2000 square feet of processing, storage
and ware washing areas; and $1,400.00 -- 2001+ square feet of processing,
storage and ware washing areas.
(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] 175.00 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]500.00 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
and the plan review application fee is paid.
(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] any fees paid to the regulatory authority.
(h) Any persons who violate NMAC Title
7, Chapter 6 are subject to administrative compliance costs in addition to
civil penalties under Section 25-1-12 NMSA 1978, and any other remedies
available under law.
(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, A, 10/1/2026]
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.
(4) Adoption of 21 CFR 117 Subparts A, B,
and F. Except as otherwise provided, Subparts
A, B, and F of the United States code of federal regulations, title 21, part
117 are hereby adopted and incorporated in their entirety.
(5) Modifications. Except as otherwise provided, the following
modifications are made to the incorporated subparts of 21 CFR 117:
(a) 117.301: All records required by this part are subject
to all requirements of this subpart;
(b) 117.315(c): Offsite storage of records is permitted if
such records can be retrieved and provided onsite within 24 hours of request
for official review. Electronic records
are considered to be onsite if they are accessible from an onsite location; and
(c) 117.320: All records required by this part must be
made promptly available to the regulatory authority for official review and
copying upon oral or written request.
(6) Omissions. The following provisions are omitted from the
incorporated subparts of
21 CFR 117:
(a) 117.1;
(b) 117.5;
(c) 117.7;
(d) 117.8;
(e) 117.310;
(f) 117.315(d);
(g) 117.325; and
(h) 117.335.
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)] (2) 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; A, 10/1/2026]
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.] [RESERVED]
[7.6.2.15 NMAC - Rp, 7.6.2.15 NMAC, 12/1/2018; Repealed,
10/1/2026]