December 30, 2009                 Contact:  Marissa Stone Bardino, NMED Communications Director

For Immediate Release             (505) 827-0314 or (505) 231-0475

Home-Based Food Processing Rule Goes Into Effect Jan. 1

Those Offering Home-Based Foods Must Have State Permit to Sell Goods

(Santa Fe, N.M.) A rule change will go into effect Jan. 1 that requires those who sell home-based food products to have a permit issued by the New Mexico Environment Department.

That permit will allow the sale of non-potentially hazardous foods that can be prepared in home-based food processing operations within state jurisdiction. Those foods include yeast and quick breads, cookies, cakes, tortillas, high sugar pies and pastries, high-sugar jam and jellies, dry mixes (made from commercial ingredients), candy and fudge. Those foods do not support the rapid and progressive growth of infectious and toxicogenic microorganisms, including Clostridium botulinium responsible for foodborne disease.

• The following other changes will go into effect under the rule change, 7.6.2 NMAC-Food Service and Food Processing Regulations:
• Home-based processed foods can only be sold at farmers markets, roadside stands, fairs, and fiestas located within NMED’s jurisdiction.
• Home-based foods can not be sold to or made available to retail stores for resale or sold through the Internet.
• If applicable, those foods must be packaged in food grade packaging and labeled. The label must include the statement “home-based food product.”
• Those selling home-based foods must attend or have attended within the last 5 years an NMED approved food safety training course.
• The home-based food processing operation must have an approved water and waste water disposal and treatment system.
• The residential areas designated as part of the home-based food processing operation are subject to inspection by NMED.
• The rule applies only to areas under NMED’s jurisdiction.

The food permit costs $100 a year. To obtain a permit to operate, a seller can submit an application to a local NMED field office. The application package is available at http://www.nmenv.state.nm.us/fod/Food_Program/HomeBasedProcessing.htm or at your local NMED field office.

Home-based food processors will be required to obtain a permit from the Environment Department. To do so, they will need to attend a food safety training, develop an operational plan, have their kitchen inspected and pay a $100 annual fee. It will take several months for the Environment Department to get this program up and running, so stay tuned for updates and resources. For more information on the rule change, please contact Ilana Blankman of Farm to Table at 505-473-1004 x 12 or ilana.blankman@gmail.com.

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 likely be required to pay a fee, but the specific amount has yet to be determined.

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 the Roundhouse in Santa Fe. Public comment is welcome at the hearing. If you have any questions, comments or concerns please contact Ilana Blankman, Farm to Table, at 505-473-1004×12 or ilana.blankman@gmail.com

• New Mexico Grown Produce in School Lunches: requests $3.3 million to the Dept of Agriculture to purchase fresh fruits and vegetables for school lunches, New Mexico grown when available. The requested funding would allow school food service buyers to provide two additional servings of fresh fruits/vegetables to the 180,000 NM schoolchildren that currently participate in school lunches, most of whom come from low-income families. The program would not only help children to develop lifelong healthy eating habits, but also would provide much needed revenue to farmers and rural communities. For each dollar spent buying food directly from farmers, at least $1.80 recirculates in the local economy.
• Access to Healthy Foods Act: requests $200,000 for pilot projects to develop storage, refrigeration and distribution infrastructure needed to increase access to healthy foods in rural and underserved communities. More than one third of NM’s counties have low or very low food access (meaning nearly everyone has to travel more that 10 miles to the nearest grocery store). This bill would help to improve food access and provide economic development opportunities in the communities that need it most.
• A proposal to change the anti-donation clause to allow for economic development assistance to be provided to small and medium-sized food retail outlets.

Further information on the first two priorities is included in our briefing sheets. Click on the title to download:

Briefing Sheet–NM Grown Produce in School Meals

Briefing Sheet: Access to Healthy Foods

For more information on these and other Policy Council priorities during the legislative session, please email us at info@farmtotablenm.org.

If you are interested in helping to advocate for these bills, take a look at Farm to Table’s Farm to Table’s Action Guide, Legislature 2009.

Click here to read the Executive Summary.

Click here to download the Full Report.