State of New Mexico > Environment Department > Food Program
NMED Home Page

7.6.2.16   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 issued by the health authority under 7.6.2.8 NMAC and Subsection G of 7.6.2.12 NMAC, except as specified in 7.6.2.16 NMAC.

(2)During the initial plan review, proof of attendance of a health authority-approved food safety course within the last five (5) years must be provided.

(3)Changes made to a home-based food processing operation from the initial plan review must be submitted to the health authority for review and approval.

(4)The health authority may renew an annual permit for a home-based food processing operation if the applicant adheres     to 7.6.2.8 NMAC and submits proof of attendance of a health authority-approved food safety course within the last               five (5) years.

(5)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        food.

B.  Food Protection Requirements:

(1)  All home-based food processing operations shall comply with 7.6.2.9 NMAC, 7.6.2.10 NMAC and 7.6.2.12 NMAC,          except as specified in 7.6.2.16 NMAC.

(2)  Products processed by home-based food processing operations shall be packaged in food grade material.

(3)  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.

(4)  Home-based food processing operations must keep a sample of each processed food batch for fourteen (14) days. The samples shall be labeled with the production date and time.

(5)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 shall not apply to home-based food processing operations:

                              (a)     Subsection G of 7.6.2.8 NMAC; 

                              (b)     Paragraph (8) of Subsection D of 7.6.2.9 NMAC; 

                              (c)     Paragraph (11) of Subsection F of 7.6.2.9 NMAC; 

                              (d)     Paragraphs (2), (3), (8) and (9) of Subsection K of 7.6.2.9 NMAC;

                              (e)     Paragraphs (5), (6), (7), (8), (9) and (10) of Subsection A of 7.6.2.10 NMAC;

                              (f)     Paragraph (3) of Subsection B of 7.6.2.10 NMAC (self-closing door requirement only);

                              (g)     Paragraph (9) of Subsection B of  7.6.2.10 NMAC;

                              (h)     Paragraphs (3) and (5) of Subsection C of 7.6.2.10 NMAC;

                              (i)     Subparagraph (c) of Paragraph (2) of Subsection E of 7.6.2.10 NMAC. 

(2)  Food products processed by a home-based food processing operation shall not be potentially hazardous foods. The       health authority shall review the home-based food products to determine the hazard category and may approve the          products for home-based processing.

(3)  A home-based food processing operation shall only sell its 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 retail food establishments including, but not limited to, 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.

(7)  A home-based food processing operation shall not wash out or clean pet cages, pans or similar items in the kitchen.

(8)  Household cooking may not occur in the kitchen during home-based food processing related activities.

(9)  The following provisions are applicable to home-based food processing operations only during home-based food                                               processing related activities:

                              (a)     Paragraphs (1) and (18) of Subsection D of 7.6.2.9 NMAC;

                              (b)     Paragraph (1) of Subsection G of 7.6.2.9 NMAC (handwashing usage only);

                              (c)     Paragraph (4) of Subsection G of 7.6.2.9 NMAC;

                              (d)     Paragraph (2) of Subsection H of 7.6.2.9 NMAC;

                              (e)     Paragraph (5) of Subsection K of 7.6.2.9 NMAC;

                              (f)     Paragraph (7) of Subsection B of 7.6.2.10 NMAC (emptying requirements only).

(10)  A home-based food processing operation shall submit in its operational plan required by Subsection G of 7.6.2.12      NMAC a detailed procedure to be used to clean and sanitize the kitchen sink before and during home-based food               processing related activities.

(11)  A home-based food processing operation shall comply with Paragraph (4) of Subsection F of 7.6.2.9 NMAC unless   an alternative method is approved by the health authority. Submittal of an alternative method shall comply with the                variance procedures found in Subsection J of 7.6.2.8 NMAC.

(12)  A home-based food processing operation shall comply with Subsection G of 7.6.2.9 NMAC unless an alternative           method is approved by the health authority. Submittal of an alternative method shall comply with the variance                    procedures found in Subsection J of 7.6.2.8 NMAC.

D.  Home-Based Food Labeling:

(1)  A home-based food processing operation shall properly label all foods in accordance with state and federal law,                                                  including Subsection D of 7.6.2.12 NMAC.

(2)  Label information shall also include the words “Home Produced” in bold conspicuous 12 point type on the principal           display panel.

 

[7.6.2.16 NMAC - Rp, 7 NMAC 6.1.901 to 905, 08/12/2000; 7.6.2.16 NMAC - N, 01/01/2010]

               

 

page last updated