New Mexico Administrative Code
Title 7 - HEALTH
Chapter 6 - FOOD HANDLING
Part 2 - FOOD SERVICE AND FOOD PROCESSING
Section 7.6.2.7 - DEFINITIONS
Universal Citation: 7 NM Admin Code 7.6.2.7
Current through Register Vol. 35, No. 18, September 24, 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.
C. Additions to food code definitions. The following terms not defined in food code Part 1-2 have the meanings set forth herein when the terms are used in this part.
(1) "Acid food" means food that has a natural
pH of 4.6 or below.
(2) "Acidified
food" means low-acid food to which acid(s) or acid food(s) are added and have a
water activity (aw) greater than 0.85 and have a
finished equilibrium pH of 4.6 or below. Carbonated beverages and food that are
stored, distributed, and retailed under refrigeration are not classified as
acidified food.
(3) "Control point"
means a step at which biological, chemical, or physical factors can be
controlled.
(4) "Corrective action"
means an action to be taken when the results of monitoring at the critical
control point indicate a loss of control.
(5) "Deviation" means failure to meet a
critical limit.
(6) "Food code"
means the 2017 United States food and drug administration model food
code.
(7) "Food handler card" means
a card issued to an individual after successful completion of a food handler
training program to function as a food employee.
(8) "Food handler training program" means an
ANSI/ASTM E2659-09 accredited food handler training certificate
program.
(9) "Good manufacturing
practices" (GMPs) means the minimum sanitary and processing requirements
related to production methods, equipment, facilities, and other controls that a
food processing plant must meet to assure that food is safe and
wholesome.
(10) "Hazard analysis
and critical control point" (HACCP) means a food safety management system that
focuses on the identification, evaluation, and control of food safety
hazards.
(11) "Hazard analysis"
means the process of collecting and evaluating information on hazards
associated with the food under consideration to decide which are significant
and must be addressed in the HACCP plan.
(12) "Home-based food processing operation"
means any business in which a residential kitchen is permitted to process
approved food that is not classified as a TCS food and is packaged and is
offered directly to the consumer.
(13) "Jerky" means a dried, finished meat,
poultry, fish, or game animal product having a water activity
(aw) less than 0.85.
(14) "Low acid food" means any food, other
than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a
water activity (aw) greater than 0.85. Tomatoes and
tomato products having a finished equilibrium pH less than 4.7 are not
classified as low acid food.
(15)
"Misbranded" has the meaning stated in the New Mexico Food Act, Section
25-2-11
NMSA 1978.
(16) "Mobile food
establishment" means a food establishment that is designed to be readily
movable; completely retains its mobility; and is equipped to serve food. Mobile
food establishment includes self-contained mobile units, non-self-contained
mobile units, pushcarts, and mobile support units.
(17) "Mobile support unit" means an enclosed
motor vehicle department-licensed driven or towed wheeled vehicle used in
conjunction with a New Mexico based servicing area that travels to, and
services, other mobile food establishments as needed to replenish supplies,
including food and potable water, clean the interior of the unit, or dispose of
liquid or solid wastes.
(18)
"Monitoring" means to conduct a planned sequence of observations or
measurements to assess whether a process, point, or procedure is under control
and to produce an accurate record for future use in verification.
(19) "Non self-contained mobile unit" means
an enclosed motor vehicle department-licensed driven or towed wheeled vehicle
that is required to operate from a New Mexico based servicing area.
(20) "Operational plan" means a written plan
outlining the product formulation, production steps, safety requirements,
distribution, labeling, and recall procedures of a food product that will be
implemented by a food establishment or food processing plant when processing
packaged food.
(21) "Process
authority" means an expert in the processes for controlling pathogenic
microorganisms in food, and as such, is qualified by education, training and
experience to evaluate all of the aspects of pathogen control measures and
determine if such control measures, when properly implemented, will control
pathogens effectively.
(22)
"Pushcart" means a human propelled unit, equipped to serve food, that is
required to operate from a New Mexico based servicing area.
(23) "Recall" means a return of food products
that are either known or suspected to be adulterated, misbranded, or otherwise
unsafe for human consumption, to the manufacturer or distributor, or that are
disposed of by approved methods.
(24) "Sanitation standard operating
procedures" (SSOPs) means written procedures specific to a single food
processing plant to be followed routinely for the performance of designated
operations to ensure sanitary conditions and to prevent product adulteration in
a food processing plant.
(25)
"Self-contained mobile unit" means an enclosed motor vehicle
department-licensed driven or towed wheeled vehicle that is not required to
operate from a New Mexico based servicing area.
(26) "Shelf-stable product" means a product
that is hermetically sealed and, when stored at room temperature, should not
demonstrate any microbial growth.
(27) "Standard operating procedures" (SOPs)
means written procedures to be followed routinely for the performance of
designated operations in a food processing plant.
(28) "Standards of identity" means legal
standards, defined by the food and drug administration (FDA), for foods
regarding minimum quality specifications, including permitted ingredients and
processing requirements, to be marketed under a certain name.
(29) "Sub-ingredient" means an ingredient
within another ingredient that has been added to a food and is declared
parenthetically following the name of the ingredient or by dispersing each
ingredient in its order of predominance in the ingredient statement without
naming the original ingredient.
(30) "Validation" means that element of
verification focused on collecting and evaluating scientific and technical
information to determine whether the HACCP system, when properly implemented,
will control effectively the identified food hazards.
(31) "Verification" means those activities,
other than monitoring, that establish the validity of the HACCP plan and that
the system is operating according to the plan. It includes validation
procedures.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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