Homemade Food Act (HB177)

The Homemade Food Act (HB177) has been signed into law.

Here are the specifics:

1. Homemade food cannot be produced for sale until July 1, 2021. Any food prepared before that would not be considered “illegal” and should not be allowed at markets. Markets should make it clear immediately that anything produced before July 1 without a permit will not be allowed.
2. Homemade foods are limited to non-TCS foods only. The definition of TCS (time/temperature control for safety food) can be found here. So, foods allowed under the Act cannot be TCS according to this definition.
3. Food must be sold directly to consumers within the state.
4. The seller/producer must obtain an NMED approved food handler card before beginning production on July 1, 2021. Approved programs can be found here.
5. Specific rules about the kitchen, transportation, and labeling must be met. Page 3, line 17 thru page 5, line 8.
6. Private farmers’ markets and other private venues do not have to allow the sale of these foods. Meaning, if a market chooses to not allow food items prepared without a permit, they can do so.

The Food Program plans to put a simple webpage together prior to July 1st explaining the basics of the Act and helping define non-TCS, but work has not started on it yet. It likely will be ready just before July 1.