N.M. Admin. Code § 7.6.2.7

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

Section 7.6.2.7 - DEFINITIONS

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 (a_w).

(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 (a_w) 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 (a_w) 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 (a_w) 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.

N.M. Admin. Code § 7.6.2.7

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