N.M. Admin. Code § 7.6.2.15

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

Section 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.

N.M. Admin. Code § 7.6.2.15

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