This page will help ensure you know the most current regulations to keep your customers safe.

Scroll down for additional resources like posters, videos and much more!

Food safety regulations are based on the location of your establishment.  Requirements fall under one of three areas of jurisdiction:  Albuquerque, Bernalillo County, and the rest of New Mexico. We have compiled quick lists of resources for you to easily access the regulations in your area.  Check your jurisdiction’s website for updates and specific information.  Contact us if there is other information you’d like to see included.

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State of New Mexico

New Mexico has updated parts of the food establishment rules that affect permits, renewals, plan review, and reinspections. The main changes are higher late and re-inspection fees, increased plan review fees, and an updated variance fee. Please review your permit expiration date and any upcoming renovation or plan review requirements to avoid extra costs. The changes go into effect OCTOBER 1, 2026.  CLICK HERE for details and to view the full fee schedule changes.

Key changes

  • Variance requests: The agency must act on a variance request within 15 working days after it receives the request and the fee.
  • Plan review timing: If a permit holder or applicant needs plan review, they must submit properly prepared plans and specifications at least 30 calendar days before the work or change that requires approval.
  • More violations can trigger re-inspection: A re-inspection can now be scheduled not only for a priority item violation, but also for a repeat priority foundation or core item violation within the last 25 months.
  • No refund or discount: The rule says there is no discount or refund for fees paid, including when a permit is suspended or revoked.
  • Stricter renewal consequences: If a permit is not renewed and required re-inspection fees are not paid within 30 days, a new permit cannot be issued until the normal requirements are met and the plan review fee is paid.
  • More enforcement costs: Violations of Title 7, Chapter 6 may now also lead to administrative compliance costs, in addition to civil penalties and other remedies.
  • Updated food processing record rules: The rule adopts parts of 21 CFR 117 and requires records to be made promptly available to regulators; offsite records are allowed only if they can be provided onsite within 24 hours.
  • Adulterated or misbranded food: The rule keeps the requirement that such products must be reconditioned, condemned, or destroyed under state law.
  • FDA registration for certain processors: Low-acid canned food and acidified food processors must register their plants and file processing information with the FDA.
  • Shellfish standard updated: The state now adopts the 2023 NSSP guide for molluscan shellfish instead of the 2017 guide.
  • Home-based food processing section removed: The old home-based food processing section is deleted from this chapter.

 

Albuquerque

On May 6, 2024 the Albuquerque City Council passed the Food Service and Retail Ordinance (FSO) that took effect August 1, 2024.

The updated FSO repeals the City’s existing food safety ordinances (including the recently enacted Market Food Vendor and Raw Milk Ordinances) and replaces them with an updated, comprehensive ordinance. The new ordinance delivers significant benefits to the regulated community and consumers at large.

Important highlights to the updated FSO include:

  • Adopting the 2022 Food and Drug Association Food Code which includes updates to charitable donations, general food safety including the requirement to obtain a Food Handlers Card, pet dog allowance, and allergen labeling requirement;
  • Unifies Food Ordinance suite;
  • Update permit and fee structure, use the survey link below to help determine your new permit classification;
  • Updates to the grading of food establishments; and,
  • Enforcement updates including civil penalties, criminal penalties, and compliance plans.

Bernalillo County

Bernalillo County Environment Department has adopted the 2022 Food Code with a few changes.

  • They will follow what the state environment department is requiring for restaurants.
    • Establishments are required to have at least one ServSafe Manager certified employee on duty at all times.
    • If an organization has numerous locations ie., Lotaburger, then a certified Manager can come from another store for an inspection as long as they get there in a reasonable amount of time ie., 30 minutes.
    • Every restaurant must display an allergen poster in sight of customers describing all 9 allergens. Sesame is the latest addition to this list. The environment department will create these posters.
    • Food Handler certification is required for all employees handling food, FOH & BOH.
  • Raw Milk and ungraded eggs allowed in retail locations (grocery stores).
Businesses within the unincorporated areas of Bernalillo County follow the regulations of the Food Safety Section of the Planning and Development Department of Bernalillo County.

Additional Resources/Posters:

Videos:

Minimum Cooking Temperatures Norovirus and Handwashing

Guidance Docs:

Sample Consumer Advisory: “Consuming raw or under-cooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food-borne illness, especially if you have certain medical conditions.”

Supplier Approval Program

White Papers:

The Future of Food Safety Norovirus and the Notorious Dangers Supplier Approval Programs: Beyond the Checklist

General Links:

 

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