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

7.6.2.11 TEMPORARY, MOBILE, SEASONAL, RESTRICTED MENU, BED AND BREAKFAST, AND CATERER FOOD SERVICE ESTABLISHMENT REQUIREMENTS:

A. Temporary Food Service Establishments:

  1. A temporary food service establishment shall generally comply with all provisions of this Part. The Secretary may augment such requirements, including operator training, when needed to assure the service of safe food, and may prohibit, limit, or restrict the sale of certain potentially hazardous foods. The Secretary may modify specific requirements for physical facilities when no health hazard will result and more extensive preparation of potentially hazardous foods may be allowed when the applicant demonstrates capability through facility, equipment, and procedures to prepare and maintain foods in a safe manner.

  2. Food preparation at temporary food service establishments shall be conducted in an enclosed shelter or booth that conforms with the following requirements:
      (a) floors shall be of tight wood, asphalt, or other cleanable material; provided that the Secretary may accept gravel-covered floors, or other surfaces when graded to preclude the accumulation of liquids;
      (b) ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from weather. Walls and ceilings of the food preparation areas shall be constructed in a way that prevents the entrance of insects or other vermin. Screening material used for walls, doors, or windows shall be at least 16 mesh to the inch; and
      (c) counter-service openings shall be no larger than 1 1/2 by 2 1/2 feet in size, except as approved by the Health Authority for the particular operation conducted. Openings shall be provided with tight fitting solid or screened doors or windows or shall be provided with fans installed and operated to restrict the entrance of flying insects. Counter-service openings shall be kept closed, except when in actual use.
  3. All potentially hazardous foods to be served by a temporary food service establishment shall be specified in writing on the permit application and shall be approved by the Health Authority at the time the permit is issued. Only those menu items approved by the Health Authority will be allowed for sale during operation of the establishment.

  4. For food service operations with unrestricted menus, a temporary food service establishment shall meet fully the requirements of this Part.

  5. Food service operations that do not fully meet the requirements of this Part may be permitted to operate when food preparation and service are restricted and deviations from full compliance are covered by the following additional or modified requirements:
      (a) The preparation of potentially hazardous food shall be restricted to food that, prior to service, requires only limited preparation, such as seasoning and cooking. Potentially hazardous food that is obtained in individual servings, stored in approved facilities maintained at safe temperatures, and served directly in the individual, original container in which it was packaged at a commercial food establishment may also be allowed;
      (b) Ice that will be consumed, or which will come in contact with food, shall be obtained from an approved source in chipped, crushed, or cubed form. Such ice shall be obtained in single use, closed containers of an approved type, and shall be held therein until used. Such ice shall not be used for other purposes, such as for food storage.
      (c) Wet storage of packaged food and beverage shall be prohibited; provided, that wet storage of pressurized containers may be permitted when:
        (i) the water contains at least 50 parts per million of available chlorine or 12.5 parts per million iodine;
        (ii) the iced water is changed frequently enough to keep both the water and containers clean; and
        (iii) the water level is not allowed to submerge the cap, valves, or other openings into the containers.
      (d) Food-contact surfaces of food preparation equipment such as grills, stoves, and work tables shall be protected from contamination by consumers and dust. Where necessary, effective shields shall be provided.
      (e) Equipment shall be installed in such a manner that the establishment can be kept clean, and so that food will not become contaminated.
      (f) An adequate supply of water for cleaning shall be maintained in the establishment, and auxiliary heating facilities, capable of producing an ample supply of hot water for such purpose(s) shall be provided.
      (g) Liquid waste, including gray water, that is not discharged into a sewage system shall be disposed of in such a manner as not to create an environmental hazard or nuisance. Health Authority approval of disposal methods shall be requested at the time of permit application.
      (h) Adequate facilities and water shall be provided for employee hand washing. Such facilities shall consist of at least a catch bucket, a pressurized or gravity fed supply of warm water, soap, and individual paper towels.
      (i) No prepared foods shall be carried over from one day to the next.
      (j) Any other requirement deemed necessary by the Secretary to protect the public in view of the particular nature of the food service operation shall be met by the permittee.
  6. Temporary food permits shall be subject to immediate suspension/revocation as provided in 7.6.2.8.C&D.
B. Mobile Food Service Units And Pushcarts:
  1. All non-self-contained mobile food service units and pushcarts shall operate from a commissary or other fixed food service establishment. Non-self-contained mobile food service units and pushcarts shall report at least daily to their commissary or fixed food service establishment for all supplies and for cleaning and servicing operations. Commissaries or other fixed food service establishments used as a base of operation for mobile food service units or pushcarts shall be constructed and operated in compliance with the requirements of this Part and shall hold a valid permit issued by the Health Authority. Service areas acceptable to the Department shall be required for mobile food service units, which utilize fresh water tanks and liquid waste tanks.

  2. All non-self-contained mobile food service units and pushcarts shall operate from a New Mexico based and permitted facility and shall generally comply with all provisions of this Part. The Secretary may augment such requirements when needed to assure the service of safe food, and may prohibit the sale of certain potentially hazardous food. The Secretary may modify specific requirements for physical facilities; toilet facilities, lavatories, water, and sewage on a case by case basis when no health hazard will result.
      (a) Mobile food service units and pushcarts which serve only food that has been prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of this Part need not comply with the requirements pertaining to water, sewage, lavatory, and toilet facilities.
      (b) Mobile food service units, with the exception of those referred to in 7.6.2.11.B(2)(a), unless otherwise exempted, shall be provided with a lavatory with adequate hot and cold water under pressure, soap, and sanitary towels. Storage and disposal of liquid wastes must be in an approved manner.
      (c) Mobile food service units and pushcarts shall provide only single-service articles for use by consumers.
  3. Self-contained mobile food service units shall generally comply with all requirements of this Part. Such units are not required to have a commissary or other fixed food service establishment, but shall fill fresh water holding tanks only from approved sources with approved dispensing equipment and dispose of liquid and solid waste in an approved manner.

  4. The Secretary may add any additional requirements deemed necessary to protect the public in view of the particular nature of the food service operation.
C. Seasonal Or Restricted Menu Food Service Establishments:
  1. A seasonal food service establishment shall be issued an annual food service permit for a fixed site and for a period not to exceed nine (9) months in any twelve (12) consecutive months.

  2. A restricted menu food service establishment shall be issued an annual food service permit.

  3. For unrestricted food service operations, seasonal food service establishments shall fully meet the requirements of this Part.

  4. When the Health Authority determines that no hazard to the public health will result, seasonal or restricted menu food service establishments that do not fully meet the requirements of this Part may be permitted to operate when food preparation and service are restricted and deviations from full compliance are covered by the additional and modified requirements set forth for restricted temporary food service establishments in 7.6.2.11.A(5).
D. Bed And Breakfast Food Service Establishments:
  1. Categories of “Bed and Breakfast” food service establishments are:

      (a) Continental-menu Bed and Breakfast establishments that limit their breakfast food service to “Continental” or non-potentially hazardous food menus such as coffee, tea, hot chocolate, juices, whole fruits, toast, commercially-prepared rolls, muffins, donuts, bagels, cereals, fruit bowls; and single-service containers of milk, creamers, spreadable cheeses, and butter.
      (b) Expanded-menu Bed and Breakfast food service establishments that serve an expanded-menu breakfast that may include potentially hazardous foods such as eggs, bacon, sausages, ham, steak, chops and other meats, beans, peppers, onions, pancakes, waffles, cooked cereals, potatoes; and other foods that are prepared and receive no cooking such as cut up citrus fruits, melons, lettuce, carrots, and other vegetables and garnishing herbs. An expanded-menu Bed and Breakfast food service establishment may serve light foods or snacks presented in the afternoon for guest self-service.

  2. Every Bed and Breakfast establishment shall be subject to an initial plan review, including menu, physical layout and equipment, to be classified as to category. Any menu, layout or equipment changes to an establishment, once categorized, must be submitted to the Health Authority for review and approval.

  3. All plumbing and disposal of sewage and wastewater shall comply with all applicable portions of 7.6.2.9.F, except that all existing establishments shall have backflow preventors on drains for food sinks by one (1) year from the adoption of this Part;

  4. All lavatory facilities shall comply with all applicable portions of 7.6.2.9.G, except existing establishments shall have a designated handwashing sink approved by the Health Authority by one (1) year from adoption of this Part.

  5. All establishments with automatic dishwashers may not be required to have a three compartment sink, but shall have at least a two compartment sink and shall clean and sanitize as defined in 7.6.2.9.D.

  6. All Bed and Breakfast establishments not served by a public water supply shall be required to sample the water supply defined in 7.6.2.9.I

  7. When construction or siting requirements of the New Mexico Drinking Water Regulations for a public water supply are not met, the Bed & Breakfast establishment shall increase sampling per Health Authority Guidance. A violation of sampling or maximum contaminant level standards shall constitute a violation of 7.6.2.9.I(4).

  8. Equipment meeting the standards from an ANSI-accredited certification program (7.6.2.10.A(8)) and the exclusion of the public from kitchens and other food preparation areas (7.6.2.9.K(8)) do not apply to Bed & Breakfast establishments.

  9. All establishments shall comply with all requirements of this Part, except as noted in this subsection, 7.6.2.11.D.
E. Caterer Food Service Establishments:
  1. All caterers shall operate from a New Mexico permitted food establishment or commissary.

  2. Catering operations shall be permitted and operated separately from other permitted food establishments or commissaries.

  3. Caterers shall fully meet the requirements of this Part. For inspectional purposes, upon request by the Health Authority, caterers shall provide a quarterly schedule of events to be catered.

  4. Hand washing facility requirements are as follow:
      (a) when the intent to cater food includes the preparation and delivery of food to a private party or special event and does not include any service or restocking of foods, no hand washing facility is required at the service site;
      (b) when the intent to cater foods includes the preparation, delivery, display, service, and restocking of foods, other than prepackaged foods, a hand washing facility is required and shall consist of at least a catch bucket, a pressurized or gravity fed supply of warm water, soap, and individual paper towels at the service site.
  5. At all times, catered foods shall meet the time and temperature requirements of this Part. Time and temperature records may be required by the Health Authority to document this requirement.

  6. All foods, display and service utensils, and other food-contact surfaces shall be protected from contamination throughout operations.
[7.6.2.11 NMAC – Rp 7 NMAC 6.1.401 to 403, 08/12/2000]

back to top

page last updated