N.M. Admin. Code § 7.6.2.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 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.

N.M. Admin. Code § 7.6.2.10

Adopted by New Mexico Register, Volume XXIX, Issue 21, November 13, 2018, eff. 12/1/2018