New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Adoption of food
				code definitions. Except as otherwise provided below, Part 1-2 (Definitions) of
				the 2017 United States food and drug administration model food code is hereby
				adopted and incorporated in its entirety.
B. Modifications to food code definitions.
				The following terms defined in food code Part 1-2 have the meanings set forth
				herein, in lieu of the meanings set forth in food code, Part 1-2.
(1) "Adulterated" has the meaning state in
				the New Mexico Food Act, Section
				25-2-10
				NMSA 1978.
(2) "Critical control
				point" means a point, step, or procedure in a food process at which a control
				measure can be applied and at which control is essential to prevent, reduce to
				an acceptable level, or eliminate an identified food hazard.
(3) "Critical limit" means the maximum or
				minimum value to which a physical, biological, or chemical parameter must be
				controlled at a critical control point to prevent, eliminate, or reduce to an
				acceptable level the occurrence of the identified food hazard.
(4) "Drinking water" means water that meets
				criteria as specified in 20.7.10 NMAC. Drinking Water is traditionally known as
				"potable water", and includes the term "water" except where the term used
				connotes that the water is not potable, such as "boiler water," "mop water,"
				"rainwater," "wastewater," and "non-drinking" water.
(5) "Food establishment" means an operation
				that stores, prepares, packages, serves, or vends food directly to the
				consumer, or otherwise provides food for human consumption such as a
				restaurant; satellite or catered feeding location; catering operation if the
				operation provides food directly to a consumer or to a conveyance used to
				transport people; market; vending location; conveyance used to transport
				people; an institution; or food bank; and relinquishes possession of food to a
				consumer directly, or indirectly through a delivery service such as home
				delivery of grocery orders or restaurant takeout orders, or delivery service
				that is provided by common carriers.
(a) Food
				establishment includes:
(i) an element of the
				operation such as a transportation vehicle or a central preparation facility
				that supplies a vending location or satellite feeding location unless the
				vending or feeding location is permitted by the regulatory authority;
				or
(ii) an operation that is
				conducted in a mobile, stationary, temporary, or permanent facility or
				location; where consumption is on or off the premises; and regardless of
				whether there is a charge for the food.
(b) Food establishment does not include:
(i) an establishment that offers only
				prepackaged foods that are not time/temperature control for safety (TCS)
				foods;
(ii) a produce stand that
				only offers whole, uncut fresh fruits and vegetables;
(iii) a food processing plant; including
				those that are located on the premises of a food establishment;
(iv) a kitchen in a private home if only
				baked goods (e.g., cookies, brownies, cakes, fruit pies) that are not TCS food,
				are prepared for sale or service at a fundraising function (e.g., a religious
				or charitable organization's bake sale) if the consumer is informed by a
				clearly visible placard at the sales or service location that the food is
				prepared in a kitchen that is not subject to regulation and inspection by the
				regulatory authority;
(v) an area
				where food that is prepared as specified in Item (iv) of Subparagraph (b) of
				Paragraph (5) of Subsection B of
				7.6.2.7 NMAC is sold
				or offered for human consumption;
(vi) a kitchen in a private home, such as a
				facility licensed by or registered with the department of health (DOH), or the
				children, youth and families department (CYFD), or a bed-and-breakfast
				operation that prepares and offers food to guests if the home is owner
				occupied, the number of available guest bedrooms does not exceed six, breakfast
				is the only meal offered, the number of guests served does not exceed 18, and
				the consumer is informed by statements contained in published advertisements,
				mailed brochures, and placards posted at the registration area that the food is
				prepared in a kitchen that is not regulated and inspected by the regulatory
				authority;
(vii) a private home
				that receives catered or home-delivered food that is served to non-paying
				guests;
(viii) non-paying guests in
				private homes;
(ix) a private home
				or home environment where residents take part in preparing and serving their
				own meals;
(x) a pot-luck dinner or
				similar event in which the food is prepared or contributed by the participants
				and for which no fee is charged;
(xi) a custom exempt meat processing facility
				where animals are processed for personal use by the animal owner as food and
				not for sale or service in a food establishment;
(xii) a dairy establishment as defined in the
				New Mexico Food Act;
(xiii) an
				animal slaughter facility;
(xiv) an
				aquaculture facility that raises fish;
(xv) a "pure honey" processing facility;
				"pure honey" refers to natural liquid or solid honey extracted from the combs
				or in the comb taken from beehives with no processing or adding of additional
				ingredients; or
(xvi) an operation
				that offers to consumers whole raw agricultural products.
(6) "Hazard analysis critical
				control point (HACCP) plan" means a document prepared in accordance with the
				principles of HACCP to ensure control of hazards which are significant for food
				safety.
(7) "Hermetically sealed
				container" means an airtight container that is designed and intended to be
				secure against the entry of microorganisms and to maintain the commercial
				sterility of its contents after processing, or to maintain the controls which
				prevent potential growth of microorganisms or the elaboration of toxins through
				acidity (pH) or water activity (aw).
(8) "Public water system" has the meaning
				stated in 20.7.10 NMAC.
(9)
				"Regulatory authority" means the New Mexico environment department.
(10) "Temporary food establishment" (TFE)
				means a food establishment that operates at a fixed location in conjunction
				with a single event or celebration for a period not exceeding the length of the
				event or celebration, and does not exceed 30 days.