N.M. Admin. Code § 7.6.2.9

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

Section 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.

N.M. Admin. Code § 7.6.2.9

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