Temporary Food Vendor

Any person distributing food to the public outside of a permanently permitted facility must obtain a temporary food permit. Depending on the type of food distributed and type of event associated, there may be different requirements. Temporary food permits are non-transferable.

Vendors participating under the homemade food act do not receive permits from the Environmental Health Department. Temporary Food Establishment Permits are not required for Private Events where the Food being distributed is limited to non-TCS Food, is provided by a Food Establishment in possession of a Valid Food Establishment Permit, or the number of participants is limited to twenty-five (25) persons or less.

Private event: An event where Food is distributed and whose participants are limited to invited guests.

Download Our Temporary Food Event Guides

• Temporary Food Event Guide
• Temporary Food Self Inspection Checklist

Information for Market Vendors

On November 21, 2022, the City of Albuquerque passed the Market Food Vendor Ordinance. This allows vendors to obtain a single permit for participation in multiple markets within the City.

MARKET is defined as any temporary gathering of vendors, whether a single or recurring event organized by a market coordinator and operating at a single location, whose primary purpose is the selling of goods.

Vendors must still be approved by the Market Coordinator of any market they wish to participate in. A Permit issued by the City is required to operate at any market but is not an approval to participate in any specific market. Participation in a specific market is at the discretion of the Market Coordinator.

Market Permit Types

• Annual Market Food Establishment Permit (April 1 – March 31): $50
• Late Season Market Food Establishment Permit (October 1 - March 31): $30
• Annual Market Food Establishment Permit-Raw Milk (April 1 – March 31): $50
• Late Season Market Food Establishment Permit-Raw Milk (October 1 - March 31): $30

In order to receive an Annual Permit by March 31, applications are due by March 15. Permits submitted after March 15th are due at least 5 business days prior to commencement of operation.

Vendors may wish to participate under another type of temporary food permit when participation is limited to a 14-Day time period at a single market, the vendor may apply for a Temporary Food-Service Establishment Permit.

Information on Bake Sales and Lemonade Stands

Bake sale operations or Lemonade Stand may be covered by the Homemade Food Act. Food items allowed under the homemade food act include non-temperature/time control for safety foods. Food that meets this definition only requires simple production steps and does not require refrigeration when complete. Lemonade with fresh fruits such as strawberries or raspberries is not permitted under the homemade food act. The Homemade Food Act only applies when the lemonade is fully prepared at home.

Any vendor subject to the Homemade Food Act does not need to apply for a temporary food permit with the City of Albuquerque. For questions regarding the Homemade Food Act, please contact the New Mexico Environment Department. Learn more about the Homemade Food Act. 

Bake sales that include food items requiring refrigeration will need to obtain a temporary food permit from the City of Albuquerque Environmental Health Department. Please review the General Guidelines for Temporary Event Vendors and the different types of temporary food permits.

For questions regarding bake sales, please call environmental health at 505-768-2738.

General Guidelines for Temporary Event Planners & Market Coordinators

Event planners and Market Coordinators should visit Arts and Culture for information on applying for a special event permit.

Temporary Food Establishment Permits are not required for Private Events where the Food being distributed is limited to non-TCS Food, is provided by a Food Establishment in possession of a Valid Food Establishment Permit, or the number of participants is limited to twenty-five (25) persons or less.

Private event: an event where Food is distributed and whose participants are limited to invited guests.

Food Service

If you plan to, or have vendors who will: sell, serve and/or prepare food onsite, you (or each vendor) will need to obtain a Temporary Food Permit.

For Markets: Vendors must obtain approval from a Market Coordinator to participate. Market vendors may obtain a Market Food Establishment Permit by submitting an application to the Environmental Health Department. This permit allows a vendor to participate at any market within the City under one permit.

Food vendors who are covered by the Homemade Food Act need not apply for temporary health permits, or market food establishment permits; but must comply with the standards of the act.

All event planners, market coordinators, and food vendors should review the Temporary Food Event Guide.

Food Trucks

For events that will have food tucks, each food truck owner/operator have the following:

• City of Albuquerque (COA) Business Registration
• City of Albuquerque (COA) Fire Marshal’s Office Mechanical Permit
• Valid food permit from the City of Albuquerque Environmental Health Department, Bernalillo County, or New Mexico Environment Department
• Food trucks from outside of New Mexico must apply for a Temporary Mobile Food permit and supply a food permit from their local jurisdiction.

General Guidelines for Temporary Event Vendors

Permit applications should be submitted at least 5 days prior to the event to ensure sufficient processing time. Applications submitted after the deadline will still be reviewed, but approval cannot be guaranteed. Please note, permit applications submitted after 4:30 p.m. will not be processed until the next business day.

Temporary Food Establishment Permits are not required for Private Events where the Food being distributed is limited to non-TCS Food, is provided by a Food Establishment in possession of a Valid Food Establishment Permit, or the number of participants is limited to twenty-five (25) persons or less.

Private event: an event where Food is distributed and whose participants are limited to invited guests.

• All temporary permit applications must include the address of the commercial kitchen where food is to be prepared or stored prior to the event. If all preparation/storage will be on-site, please note this on the application.
• All applicants for a temporary health permit where food is sold (unless by a non-profit organization) must be in possession of a City of Albuquerque business registration. Learn more information on obtaining a business registration.
• Brick and mortar food establishments wishing to vend food outside of their permitted premises must also obtain temporary food permits.
• Mobile food units permitted by the City of Albuquerque, Bernalillo County, or the State of New Mexico do not need to obtain temporary food permits, but must have:
  • City of Albuquerque (COA) Business Registration
  • City of Albuquerque (COA) Fire Marshal’s Office Mechanical Permit
  • Valid food permit from the City of Albuquerque Environmental Health Department, Bernalillo County, or New Mexico Environment Department
• Mobile food units permitted outside of the City of Albuquerque, Bernalillo County, or the State of New Mexico must submit a temporary mobile food permit application along with a copy of their local jurisdiction health permit.
• Any vendor subject to the Homemade Food Act does not need to apply for a temporary food permit. Learn more about the Homemade Food Act, house bill 177.
  • Only non- Time/Temperature Control for Safety foods are allowed to be made at home.
  • Homemade food vendors should have signage designating themselves as such to prevent being visited by a City of Albuquerque health inspector.
• Persons vending at private events must have the approval of the event coordinator prior to application approval. Private events include but are not limited to markets, Balloon Fiesta, and Summer Fest.
• A Permit issued by the City is required to operate at any event or market, but is not an approval to participate in any specific event or market. Participation in a specific event or market is at the discretion of the Event/Market Coordinator.
• Be aware that the City of Albuquerque Environmental Health Department’s health inspectors can and may show up at any event at which food is being served or sold. Please operate your food establishment with that understanding in mind. NOTE: Each vendor must display their permit to operate during the event; homemade food vendors must have signage designating themselves as such.

Prohibited Foods at Special Events

• Food containing cannabis
• Uncooked seafood or shellfish
• Unpackaged raw animal food (meat)
• Raw animal food in any condition other than frozen (0 degrees Fahrenheit)
• Any meat or meat products that do not bear the USDA mark of inspection

Submitting an Application

Applications must be completed and submitted through our new online permitting system, ABQ-PLAN. ABQ-PLAN consolidated various existing permitting systems used across multiple City departments into a single, comprehensive platform. Use ABQ-PLAN for all of your permitting and planning needs, including reviews, inspections, invoice payments, and more.

• Required documents must be submitted online along with application. Failure to upload the required documents will delay the processing of your application.
• An email is required for all contacts during the application process.
• Incomplete applications may be voided in ABQ-PLAN after 30 days of submission and you will need to reapply.

Register for ABQ-PLAN

Each user needs to register using a unique email address. To access existing permits, you must register using the email address you have on file with our department.

Each individual or business should create an account in ABQ-PLAN. Visit ABQ-PLAN Resources and FAQs to help you through the registration process.

Note that in order to complete and submit a permit online, you must have a business registration.

*Vendors participating under the homemade food act do not receive permits from CABQ Environmental Health Department and are limited to non-time and temperature control for safety foods.

Temporary Food Establishment Permits

Portion-service food includes but is not limited to hamburgers, hot dogs, burritos, and sandwiches. Generally, there is some on-site assembly of foods during the event.

A temporary permit is also required when packaged foods such as jams, jellies, salsa, uncut produce, are being served to the public.

Permits are valid for 14 days for one location for participation in a single event or celebration.

Temporary Food Service Establishment Permit Application

Market Food Establishment Permits

When participating at markets within the City, this permit allows for an establishment to vend at multiple markets and offer food service, retail food, and/or raw produce.

Vendors must be approved by the Market Coordinator of the market they wish to participate in. A Permit issued by the City is required to operate at any market but is not an approval to participate in any specific market. Participation in a specific market is at the discretion of the Market Coordinator.

Annual Permit applications are due by March 15th and are valid from April 1-March 31.

Late Season Permit applications are issued starting on October 1st and are valid until March 31.

Any permit application submitted after March 15th is due at least 5 business days prior to commencement of operation.

Vendors must re-apply for Market Food Establishment permits each year; they will not automatically renew.

A vendor may choose to participate in a market with a Temporary Food Establishment permit. However, the restrictions on timelines and locations of those permits will apply.

Market Food Establishment Permit Application

All applications must be submitted at least 1 (one) week prior to the event.
Please note, permits submitted after 4:30 p.m. may not be processed until the next business day.

For more information on temporary and market food establishment permits, please contact the Environmental Health Department at 505-768-2738 with any questions.

Fees

Fees for temporary food permits are non-refundable and non-transferable.

• Market Food Establishment Annual Permit: $50.00
• Market Food Establishment Late Season Permit: $30.00
• Market Food Establishment Annual Permit- Raw Milk: $50.00
• Market Food Establishment Late Season Permit- Raw Milk: $30.00
• Temporary Food Establishment Prepackaged Permit: $25.00
• Temporary Food Establishment Limited Preparation Permit: $35.00
• Temporary Food Establishment Advanced Preparation Permit: $50.00

For more information on temporary and market food establishment permits, please contact the Environmental Health Department at 505-768-2738 with any questions.