Resources for Existing Businesses

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.

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 from an approved program.

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.

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. 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.
3. 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.

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].