We are writing to express our strong opposition to the proposed amendments to New Mexico Administrative Code (NMAC) 7.6.2, specifically regarding the fee increases. The New Mexico Restaurant Association (NMRA) firmly believes that these changes impose an undue financial burden on an industry that is already grappling with excessive regulation and fees.
The State statute, 8 – 303.15, clearly outlines the permit fees, late fees, penalty fees, and expiration dates. It explicitly states that permit fees shall be $200.00 for food establishments, mobile food establishments, servicing areas, and food processing plants; $100.00 for home-based food processing operations; and $25.00 for temporary food establishments for each single event or celebration.
The proposed amendments in the draft document you provided show significant increases in fees. For instance, the late fee is proposed to be raised from $25 to $175, and the re-inspection penalty fee is proposed to increase from $100 to $500. Additionally, new plan review application fees are introduced, such as $300 – $900 for food establishments based on the size of kitchen, storage, and ware washing areas, and $400 – $1400 for food processing plants based on the size of processing, storage, and ware washing areas.
The regulatory agency does not have the authority to change the intent of the legislature. The statute is clear about the fee structure, and any deviation from it undermines the legislative process and the rule of law. These fee hikes will have a direct and negative impact on our members, many of whom are small businesses already struggling to make ends meet in a challenging economic environment.
The restaurant industry in New Mexico is the heartbeat of our communities, where flavors, cultures, and stories come together. Our members, including dedicated restaurateurs, chefs, and hospitality professionals, work hard every day to contribute to the local economy and cultural heritage. However, the continuous increase in fees and regulations makes it increasingly difficult for them to operate sustainably.
We urge the New Mexico Environment Department to reconsider these proposed fee increases and adhere to the fee structure set by the State statute. We believe that a more collaborative approach, focused on supporting the industry rather than burdening it further, is necessary to ensure the long-term success and growth of the restaurant industry in New Mexico.
Thank you for considering our concerns. We look forward to a constructive dialogue on this important issue.