Proposed Changes to Albuquerque’s Food Sanitation Ordinance

• Mayor Martin J. Chávez proposes to amend Albuquerque’s Food Sanitation Ordinance (Chapter 9, Article 6, Part 1, R.O.A. 1994) so that food establishments are inspected a minimum of two times a year and the result of each inspection will be a letter grade of A, B, C (approved grade scores) or U (for unsatisfactory).

• The proposed legislative changes are in ordinance form under O-08-50 and can be viewed at the City Council legislative website http://cabq.legistar.com/legislation.aspx. Councilor Trudy Jones is sponsoring the legislation.

• The "ABC" approach will provide restaurant customers with more information on how well a food establishment implements practices that protect against foodborne illness, rather than the current "Pass/Fail" system.

• The proposed legislation also allows food establishments that consistently perform at a high level and maintain a letter grade of "A" the flexibility of performing periodic self inspections as long as a certified food safety manager is on staff.  The legislation also allows food establishments to request additional re-inspections for a fee.

Retail Food Inspection Guide

A Retail Food Inspection Guide (4.5 mb) has been developed for food facility owners and operators to facilitate the transition from the existing food safety program progress to a risk and intervention based inspection methodology that will be used once the amendments supporting the “ABC” approach are adopted.

• The Retail Food Inspection Guide provides information on all matters related to the inspection report and includes detailed information regarding the inspection process. 

• The Retail Food Inspection Guide serves not only as a reference but as an educational tool to assist the food facility operator on corrective actions that can be taken when major violations are observed.

• For more information on the proposed amendments to Albuquerque’s Food Sanitation Ordinance and the Retail Food Inspection Guide , contact Lorie Stoller, Consumer Health Protection Division Manager at lstoller@cabq.gov or (505) 768-2718.

Frequently Asked Questions

Question: What will the new ABC Food Inspection Program do?

 Answer: The new program will Implement a restaurant grading system that includes A, B, C, (Approved grade/scores) or U (Unsatisfactory) letter grades issued as a result of food inspections. The new grading system provides the public more information on the potential risk of eating at various facilities. Letter grades will be issued based on an inspection of the food establishment with a scoring system as follows.

• The new program also allows more flexibility for restaurants that consistently perform at a high level by allowing for periodic self inspections when restaurants have a certified food safety manager on staff and a history of A grades.
• Fees are set to recover the total costs of the food inspection program.The fee increase will eliminate program budget deficits that have grown to over $234,000 in recent years.
• The fee increase will enable full implementation of the food inspection program, increasing staff by four inspectors so that all food establishments can be inspected a minimum of twice annually.
• The new program adopts by reference the 2005 Model Food Code Recommendations of the United States Public Health Service/Food and Drug Administration, and future editions, for use as a best practices reference.
• Mobile food units must obtain approval from event coordinators in addition to obtaining a temporary food permit.

Question: How do I know if a restaurant is safe?

Answer: The new ABC program will provide restaurant customers with a clear indication of risk using a grading system that is displayed in the restaurant's window. The grade in the window is based on the condition of the facility during the most recent inspection.

Question: How will the inspection scoring system work?

Answer: Restaurants will be inspected twice annually using a standardized inspection form.

Details of the scoring system are provided below:

• Each inspection begins with 100 points.  The inspector notes the violations and the appropriate Categories in Section I and II will be marked.  The point value for each category remains constant regardless of the number of subcategories marked.  Points are totaled only for the categories marked out of compliance, regardless of the number of subcategories marked out.
• A numeric point value is assigned to each violation Category that signifies the seriousness of each violation.  The higher the numeric value, the more serious the violation.
• There are three scoring sections in the report.
• SECTION I contains the most serious of violations that directly relate to the transmission of foodborne illnesses.  Each category carries a 6 point deduction.
• SECTION II contains lower risk violations than those in Section 1.  Each category in Section II carries a 4 point deduction.
• SECTION III is used to identify those violations that are generally regarded as Good  Retail Practices, without having an immediate risk to the public health and safety and     have been assigned a 1 point value each.
• To determine a facility’s grade; the inspector must first add all of the point deductions from the marked violation categories in Section I and II and subcategories in Section III. 
  That total is then subtracted from the 100 points and the appropriate grade/score is issued.
•  Food Facilities will NOT be cited in more than one category when a single violation occurs!

Question: How will the ABC changes affect scores/grades?

Answer: No significant impact on the scores/grades of most food facilities is anticipated.   

• All restaurants that were inspected between July 1 and November 6, 2008 were rescored using the new ABC system.   96% of those facilities received an “A” grade/score. 

Question: When will the $150 fee for additional inspections be charged?

Answer:

• When a permit holder requests an Owner Initiated Inspection which provides for a new routine inspection and the opportunity for a facility to improve their grade.
• When a Complaint Inspection results in verification that unsafe conditions and/or violations exist. There will be no fee charged if the complaint inspection is not verified to have been true.
• When a Foodborne Illness Inspection confirms violations at the facility could have been the cause of a confirmed illness.

Question:  As a restaurant owner, how can I learn more about the grading system and how will it be applied?

Answer:

• The Retail Food Inspection Guide (4.5 mb) is available on the City web site.   It provides guidance on all matters related to the inspection report.  The Retail Food Inspection Guide provides guidance for the inspector and the facility owner or operator on corrective actions that  can be taken when major (risk factor) violations are observed.  Guidance is provided in these critical, or traditionally difficult to interpret areas in order to establish a more consistent, a science-based enforcement and compliance system.  
• The Retail Food Inspection Guide serves not only as a reference but as an educational tool to assist the food facility operator in conducting a self-inspection of a facility.
• The Retail Food Inspection Guide is intended for use as a tool in determining the current status of a food facility and to provide the guidance necessary to improve food storage, handling, preparation and service.  Detailed information is included regarding the inspection process; the report issued by the Environmental Health Department at the conclusion of an inspection; and the scoring criteria used as the basis for the grading system.

Question: How long will the grade/score be posted?

• The grade/score will be posted on completion of the inspection and will remain in effect UNTIL THE NEXT INSPECTION is completed.

For more information on the proposed amendments to Albuquerque’s Food Sanitation Ordinance and the Retail Food Inspection Guide , contact Lorie Stoller, Consumer Health Protection Division Manager at lstoller@cabq.gov or 768-2718.