Food Service and Retail Ordinance

UPDATE: We have heard your feedback about the Food and Retail Service Ordinance fees and are going to delay fee collection.

On May 6, 2024 the Albuquerque City Council passed the Food Service and Retail Ordinance (FSO) that took effect August 1, 2024.

The City of Albuquerque Environmental Health Department is seeking input on the rules that accompany the updated FSO. Stakeholders and interested parties have the opportunity to review the rules document and provide input for anything that they feel should be included.

The updated FSO repeals the City’s existing food safety ordinances (including the recently enacted Market Food Vendor and Raw Milk Ordinances) and replaces them with an updated, comprehensive ordinance. The new ordinance delivers significant benefits to the regulated community and consumers at large.

Important highlights to the updated FSO include:

• Adopting the 2022 Food and Drug Association Food Code which includes updates to charitable donations, general food safety including the requirement to obtain a Food Handlers Card, pet dog allowance, and allergen labeling requirement;
• Unifies Food Ordinance suite;
• Update permit and fee structure, use the survey link below to help determine your new permit classification;
• Updates to the grading of food establishments; and,
• Enforcement updates including civil penalties, criminal penalties, and compliance plans.

Read the Food Service and Retail Ordinance that was passed by Council at the May 6 meeting. Read the ordinance's rules effective August 29, 2024.

Updated Permitting Information

Due to recent changes in our permitting structure under the new Food Service and Retail Ordinance, we are reclassifying permit types to better serve our community. By answering a few questions, you can use this as a guide to get an initial idea of the permit that best suits your needs.

Disclaimer: Please note that while this survey can provide guidance, it does not guarantee the accuracy of the permit type determined. The final determination will be made by our department. We encourage you to contact us for a comprehensive evaluation and confirmation of the appropriate permit type for your situation.

Take the survey to help determine your updated permit type.

Provide Your Feedback on the rules for the updated FSO

Frequently Asked Questions

Why is the City revising the food ordinance, and why now?

The current regulations for food safety in Albuquerque are captured in eight different ordinances (Food Sanitation; Retailers, Meat Markets, and Wholesalers; Raw Produce Stands; Pure Food; Food and Drink Vending Machines; Albuquerque Market Vendors; and Raw Milk). The new ordinance will combine this suite of ordinances into one simplified document. The ordinance will be accompanied by a set of Rules that are established by the City through a public hearing process.

The City is opened this ordinance now in order to stay aligned with the New Mexico Environment Department and national standards, the City has adopted the most recent iteration of the of the FDA Food Code.

What major changes are being implemented through this ordinance and its rules?

Here is a list of the major changes:

1. Adoption of the 2022 FDA Food Code to replace the current adoption of the 2009 FDA Food Code
2. Introduction of the rules format to food regulations in Albuquerque
3. Permit classification and fee structures will be directly tied to the risk of an establishment:
   1. Prepackaged foods only
   2. Limited Preparation of foods
   3. Advanced preparation of foods
   4. Preparation of food with a special process
4. Adding Civil Penalties rather than only having Criminal Penalties
5. Requirements for Certified Food Protection Managers and Food Handler cards that align with the State of New Mexico and Bernalillo County requirements
6. Allowance for Pet Patios
7. Accommodations for Charitable Food Providers
8. Grading of Food Establishments to include a grade of “Conditionally Approved”
9. Permit specific requirements to better address the diversity in food establishments

Who is required to obtain a Certified Food Protection Manager Certification?

Unless a variance is approved as outlined below, at least one employee at each permitted food establishment that has supervisory and management responsibility and has authority to direct and control food preparation and service must be a Certified Food Protection Manager from an accredited program.

Each permitted facility will not require a Certified Food Protection Manager when a Certified Food Protection Manager is permitted to be responsible for more than a single food establishment with an approved variance.

Who is required to obtain a Food Handler’s Card?

Food Employees (persons who handle food, utensils, and food contact surfaces), who do not qualify for an exemption as outlined below, or do not possess a valid Certified Food Protection Manager certification, must have a food handler card.

• Approved Food Handler Card Programs

Food Handler Card Exemptions

Employees who qualify for the following exemptions must still receive training from their place of employment that is applicable to the food-related job duties he/she performs. Facility owners/managers must keep record of this training for the duration of the person’s employment and make it available to NMED.

For employees who qualify for one of the exemptions below, facility owners/managers are required to provide food safety training in one of the following ways:

1. Create and deliver their own training program,
2. Utilize a third-party program, or
3. Use the training program created by the New Mexico Environment Department (NMED).

Access NMED’s training program.

Further questions related to the Food Handler Card Exemptions should be directed to the Consumer Health Protection Division at 505-768-2738 or [email protected].

Exemptions:

1. Food Employees who only handle non-TCS foods are exempt, provided the permit holder (facility owner or designee) provides training and maintains record of training.
2. Employees or volunteers who occasionally function as Food Employees are exempt, provided the permit holder (facility owner or designee) provides training and maintains record of training. Examples include: restaurant hosts, teachers assisting with family-style dining, and nurses/therapists assisting patients.
3. Food Employees, or volunteers working as Food Employees at Temporary Events, are exempted, provided that the permit holder (facility owner or designee) provides training and maintains record of training. NOTE: Person-in-Charge of the Temporary event during all hours of operation must have a Food Handler Card or be a Certified Food Protection Manager.
4. The Environmental Health Department may approve an entity’s (Company’s) training program to be used in lieu of requiring a food handler card of its food employees that require Food Handler Cards.
   1. Food employee must complete entity’s approved training program at least every three years.
   2. Exemption is only valid during the food employee’s time of employment with entity that administered the training.

How long do I have to obtain a Certified Food Protection Certification or Food Handler’s Card?

Food Establishments will need to meet training requirements within 90 days of the enactment of the 2024 Rules of the Food Service and Retail Ordinance.

How can I obtain a Certified Food Protection Certification or Food Handler’s Card?

Training programs must be accredited or otherwise approved by Environmental Health. Learn more about certified food protection manager courses. Learn more about food handler courses.

How does the 2022 FDA Food Code change regulations of allergens in food?

The City of Albuquerque will require that facilities have a list of food items that contain allergens that is posted in the facility in public view, such as on the menu.

• Food items packaged at retail for sale to consumers must declare the major food allergens they contain, including sesame, on the label. Retail food establishment managers need to review these food products to ensure proper labeling. (FDA Food Code Section 3-602.11, also see Section 403(w) of the Federal Food, Drug, and Cosmetic Act)
• Unpackaged foods served or sold to consumers within a retail food establishment must have written notification to consumers of the presence of major food allergens as an ingredient in the unpackaged food items. (FDA Food Code Section 3-602.12)
• Bulk foods that are available for consumer self-dispensing need to be prominently labeled in plain view of the consumer with the name of the food sources from which the major food allergens are derived unless the food source is already part of the common or usual name of the ingredient. (FDA Food Code Section 3-602.11)
• Employee food safety training programs must include food allergy awareness of the 9 major food allergens and should consider developing operational specific allergen training programs for employees. (FDA Food Code Sections 2-102.11 and 2-103.11).
• Learn more about food allergens.

Why are we allowing pet patios; and does that mean every restaurant has to allow pets?

The language in these rules is meant to mirror what is already in place with State regulations NM Stat § 25-1-15 (2021). This allows for pet dogs to be in outdoor patio seating areas. This language is in no way meant to require any establishment to allow pet dogs on their patios; and keeps with the 2022 Food Code that restricts animals inside establishments.

The 2022 FDA Food Code prohibits animals from being on the premises of a food establishment except:

• Patrol Dogs
• Service Animals
• Shellfish Tanks

What is the difference between pet patio allowances and service animal allowances?

Under New Mexico's Service Animal Act and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other public places. This ordinance and its rules do not regulate policies on service animals; but does enforce the food code and the allowances for animals in food establishments as they pertain to food safety. Learn more about service animals.