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Proposed Home Processing Rule Change
Proposed Rule Change Would Allow Home-Processing of Certain Items for Sale at Farmers' Markets
In response to requests from numerous producers and farmers' market vendors, the NM Farmers' Marketing Association has partnered with the NM Food and Agriculture Policy Council and Farm to Table to petition for a rule change that would allow people to prepare certain foods in their home kitchen for sale direct to consumers. Currently, the rules enforced by the state Environment Department require that anyone who is selling processed foods prepare those foods in a commercial kitchen.
The costs of building and equipping a commercial kitchen are generally too high for small-scale food producers to afford, and many potential rural food producers do not have easy access to a rental commercial kitchen. At the same time, we believe that small-scale food processing provides an important entrepreneurial opportunity as well as an opportunity for consumers to purchase locally produced foods. Food processing can also add value to farm products.
While existing rules are intended to protect the safety of consumers, we believe that it is possible for food producers to prepare foods safely at home, under certain conditions. While final details continue to be worked out, the proposed rule would allow food producers to produce non-potentially hazardous foods (like baked goods, high sugar jams and jellies, and dry mixes) in their home kitchens. The home processors would only be allowed to sell these products direct to the consumer, for example at a farmers' market, on-farm stand, or holiday fair. Before selling the product, the home processor would need to attend a food safety training, apply for a permit and have an inspection from the Environment Department. Home processors would be required to pay a fee,
The proposed rule change will be heard by the Environment Improvement Board, an official state board that has the authority to change the New Mexico Administrative Code. The hearing will occur on October 5 at 10 am in room 317 of the Roundhouse in Santa Fe. Public comment is welcome at the hearing. If you have any questions, comments or concerns please contact Denise Miller, Executive Director of the NM Farmers' Marketing Association at 505-983-4010 or by email.
Update 10-5-09: The proposed rule change passed, allowing home processors to sell direct to consumers provided that they 1) follow rules and regulationss regarding food safety; 2) attend food safety and sanitation classes once every 5 years; 3) undergo annual inspections by the New Mexico Environment Department; and 4) pay the annual $100 permitting fee.
