Current through Register Vol. 35, No. 18, September 24, 2024
A. In addition to meeting the applicable
requirements of 7.2.6.8 NMAC, with the exception of Section 5-203.12 of the
food code, mobile food establishments shall comply with the requirements
specified in this section.
B. The
regulatory authority may impose additional requirements for mobile food
establishments as specified in Section 8-102.10 of the food code. Additional
requirements may include, but are not limited to:
(1) limiting or restricting the number and
type of food items to be prepared and served;
(2) limiting or restricting preparation
steps;
(3) limiting or restricting
hours of operation, or hours of operation before returning to a servicing area;
or
(4) requiring a servicing area
or mobile support unit.
C. The regulatory authority may modify or
waive requirements for mobile food establishments as specified in Paragraph
(12) of Subsection B of
7.6.2.8
NMAC and Section 8-103.11 of the food code.
D. Mobile food establishments shall provide
the following required information as specified in Paragraph (F) of Section
8-201.12 of the food code:
(1) the location of
the potable water source;
(2) the
location and method of solid and liquid waste disposal; and
(3) the identifying system used to
distinguish the permitted unit from others.
E. Mobile food establishments shall have
adequate electrical and fuel capacity, as determined by the regulatory
authority, to allow proper operation of equipment. The electrical and fuel
sources shall be adequately supplied at all times when food temperature control
is required.
F. Mobile food
establishments shall be operated within 200 feet of toilet facilities as
specified in Sections 5-203.11 and 5-203.12 of the food code whenever the unit
is stopped to operate for more than a two hour period.
G. The operation of mobile food
establishments shall be conducted within the enclosure of the permitted unit.
During a single event or celebration, certain operations (e.g., additional
covered storage, additional food preparation area, outdoor serving counter) may
be conducted outside of the enclosure, when approved. If approved, an
additional temporary food establishment permit shall be required.
H. Mobile food establishments shall provide
only single-service articles for use by consumers.
I. Self-contained mobile food establishment
requirements. Self-contained mobile food establishments shall:
(1) meet all of the equipment requirements of
the food code;
(2) include adequate
storage facilities on the unit for all food, equipment, utensils, supplies,
potable water, and waste water used in the operation of the unit;
(3) be capable of accomplishing all steps of
the operation, including required food preparation and warewashing, within the
enclosure of the unit;
(4) provide,
as specified in Paragraph (F) of Section 8-201.12 of the food code, how and
where the unit will be cleaned and serviced and where it will be stored during
non-operating hours; and
(5) notify
the regulatory authority office of jurisdiction at least 24 hours in advance
before operating in a jurisdictional area outside of the permitting
office.
J.
Non-self-contained mobile unit and pushcart requirements.
(1) Non-self-contained mobile units and
pushcarts shall provide, as specified in Paragraph (F) of Section 8-201.12 of
the food code, an agreement between the operator and the servicing area that
includes:
(a) the days and hours the servicing
area will be used;
(b) the extent
of support services to be provided; and
(c) a copy of the current servicing area
permit.
(2) Prior to
discontinuing use of a servicing area, the operator shall provide a revised
agreement as specified in Paragraph (1) of Subsection J of
7.6.2.9
NMAC for a new servicing area. Mobile food establishments shall not operate
prior to the approval of a new servicing area.
(3) Non-self-contained mobile units and
pushcarts shall operate within a reasonable distance, and report at least
daily, to the servicing area for support services.
(4) Non-self-contained mobile units and
pushcarts shall notify the regulatory authority in writing and receive prior
approval to operate outside of a reasonable distance of the servicing
area.
K. Additional
pushcart requirements.
(1) Pushcarts are
limited to:
(a) serving non-TCS foods or
drinks;
(b) serving individually
commercially packaged TCS foods in the original packaging and maintained at
proper temperatures; and
(c)
assembling and serving of pre-cooked sausage (e.g., hot dog, bratwurst,
frankfurter) with commercially prepared toppings (e.g., chili, sauerkraut,
relish).
(2)
Pre-preparation, such as washing, slicing, peeling, cutting of food intended
for use on a pushcart, shall occur at the servicing area.
(3) Food handling shall be conducted under an
overhead protective cover.
(4)
Grills shall include a protective lid that can be readily closed.
(5) Operators of pushcarts shall ensure the
following are contained on, or within, the cart in sufficient supply for daily
operation:
(a) food, utensils, single service
articles, and cleaning supplies;
(b) handwashing sink as specified in Section
5-202.12 of the food code with a minimum of five gallons of potable water;
and
(c) wastewater holding tank
meeting the requirements of Section 5-401.11 of the food code.
(6) TCS food served on pushcarts
shall not be subsequently cooled and reheated.
(7) Ice chests may be utilized for packaged
food provided that they are continuously drained in an approved manner and the
food is maintained at temperatures as specified in Section 3-202.11 of the food
code.
