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New Mexico Food Processing Rule Change
Rule Change for Food Processors Opens Opportunities for Micro-Businesses
On October 6, 2009 the Environmental Improvement Board passed a rule change to the New Mexico Administrative Code to allow home processing of certain kinds of non-potentially hazardous foods. To qualify for the new rule, foods must be sold directly to consumers through avenues such as farmers' markets, roadside stands, and holiday fairs.
After a recent crackdown by the New Mexico Environment Department (NMED) on home processors' "black market" processed foods, it became apparent that more options were needed. Along with the NM Agricultural Policy Council and the non-profit Farm to Table, the NMFMA successfully negotiated the new rule change proposal with NMED over the past year-and-a-half.
Before the rule change, all processed foods, whether high-risk or low-risk, were required to be produced in a certified kitchen. Low-risk items are those that are not likely to grow bacteria that can cause food-borne illnesses, such as high-sugar jams and jellies, dry mixes, and baked goods such as breads, cookies, and cakes. For many micro-businesses in rural areas of the state, the cost and/or distance needed to travel to use a certified kitchen was prohibitive to continuing their businesses before this rule change.
Though the Environment Department will allow these low-risk items to be processed in home kitchens, producers will still be subject to Environment Department rules and regulations. In order to qualify for a home processor's license, producers must take a food safety class that will be repeated every five years, pay an annual permitting fee of $100, have an annual inspection of their kitchen, and follow all Environment Department food-protection rules and regulations.
Producers of low-acid processed foods such as salsas, canned vegetables, and other potentially hazardous foods will still be required to process their products in a certified kitchen.
Licenses for home processors of non-potentially hazardous foods are expected to be available in spring of 2010.
