Food Service and Retail Ordinance

The Rules Amendment Hearing occurred on Thursday, October 22, 2026 from 11 am to 1 pm MT. The rules were signed in to law on November 9, 2026.

On May 6, 2024 the Albuquerque City Council passed the Food Service and Retail Ordinance (FSO) that took effect August 1, 2024. On November 13, 2026 the City of Albuquerque Environmental Health Department (EHD) passed a set of Rules amendments that accompany the FSO.

Updated Permitting Information

The 2024 FSO created a new permitting structure. By answering a few questions, you can use this as a guide to get an initial idea of the permit that best suits your needs.

Disclaimer: Please note that while this survey can provide guidance, it does not guarantee the accuracy of the permit type determined. The final determination will be made by our department. We encourage you to contact us for a comprehensive evaluation and confirmation of the appropriate permit type for your situation.

Take the survey to help determine your updated permit type.

Frequently Asked Questions

What major changes are being implemented through these rules amendments?

Here is a list of the major changes:

1. Creating a Micro-Market designation
2. Adjusting protocols for the issuance of first year permits
3. Provide explicit language for Allergen warning compliance
4. Address automated vending machines
5. Adds specific definitions of Cannabis permits
6. Removes conflicting language regarding microbusinesses to be in alignment with the FSO
7. Codifies grading policies and corrective action compliance measures
8. Adjusts language to be consistent with the Business Licensing
9. Addresses Mobile Food Establishment operations in the Downtown area

What version of the Food Code does the City enforce?

The City of Albuquerque has adopted the 2022 FDA Food Code and the rules amendments allow new versions to be adopted through a public notice process:

Public notice of the intent to adopt will be posted on the website with an opportunity for public comment for a period of at least sixty (60) days.

After the notice of intent period, the City will provide notice of decision to adopt or not adopt the new Food Code.

If adopted, enactment of the new code will be a minimum of one hundred and twenty day (120) days following the notice of decision.

Is the microbusiness discount still available?

Yes, to qualify as a microbusiness, you will need to email [email protected] with copies of one of the following forms, showing that you have 7 or fewer employees.

Form ES-903A, Quarterly Wage and Contribution Report, submitted to the NM Dept of Workforce Solutions

or

Form TRD-31109, Quarterly Wage, Income Withholding and Workers’ Compensation Fee Report submitted to the NM Taxation and Revenue Dept

 What changes were implemented for Mobile Food Establishments?

• There shall be no amplified sound between 10:00 p.m. and 10:00 a.m.
• All mobile food establishments must cease operations between 2:00 a.m. and 7:00 a.m.
• Mobile Food Establishments operating in the Downtown Center between the hours 10:00 p.m. and 7:00 a.m. must be equipped with an inverter generator by 12/4/2026

 What are the grade sticker colors?

Green is for the grade of Approved, Yellow above a Green for Conditional Approved, Orange for Unsatisfactory, and Red for Closure.

Is Kratom allowed to be sold in Albuquerque?

No, the rules amendments state that Food Establishments shall not process, prepare, pack, store, distribute, or vend any product containing Kratom (Mitragyna speciosa), or any derivative, extract, concentrate, isolate, alkaloid, synthetic analog, or constituent thereof, including but not limited to mitragynine and 7-hydroxymitragynine (7-OH).

Is Kava allowed to be sold in Albuquerque?

Yes, however, it is only allowed to be sold packaged or steeped in water. It cannot be added to conventional food.

Who is required to obtain a Certified Food Protection Manager Certification?

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.

Who is required to obtain a Food Handler’s Card?

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.

Approved Food Handler Card Programs

Food Handler Card Exemptions

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.

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].

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.

How can I obtain a Certified Food Protection Certification or Food Handler’s Card?

Training programs must be accredited or otherwise approved by Environmental Health. Learn more about certified food protection manager courses. Learn more about food handler courses.

How does the 2022 FDA Food Code and these rules amendments change regulations of allergens in food?

The City of Albuquerque will require that facilities have a list of food items that contain allergens that is posted in the facility in public view, such as on the menu.

• Food items packaged at retail for sale to consumers must declare the major food allergens they contain, including sesame, on the label. Retail food establishment managers need to review these food products to ensure proper labeling. (FDA Food Code Section 3-602.11, also see Section 403(w) of the Federal Food, Drug, and Cosmetic Act)
• Unpackaged foods served or sold to consumers within a retail food establishment must have written notification to consumers of the presence of major food allergens as an ingredient in the unpackaged food items. (FDA Food Code Section 3-602.12)
• Bulk foods that are available for consumer self-dispensing need to be prominently labeled in plain view of the consumer with the name of the food sources from which the major food allergens are derived unless the food source is already part of the common or usual name of the ingredient. (FDA Food Code Section 3-602.11)
• Employee food safety training programs must include food allergy awareness of the 9 major food allergens and should consider developing operational specific allergen training programs for employees. (FDA Food Code Sections 2-102.11 and 2-103.11).
• Learn more about food allergens.

How must customers be informed of allergens?

The proposed rules require written disclosure and a reminder when food contains a major allergen. Use menus, labels, brochures, table tents, deli-case advisories, or placards.

What can an allergen disclosure look like?

Identify the allergen in the description or ingredient listing, or mark affected items with an asterisk linked to a footnote. One listed option is: “Contains a major allergen, written information is available upon request.”

 Why are we allowing pet patios; and does that mean every restaurant has to allow pets?

The language in these rules is meant to mirror what is already in place with State regulations NM Stat § 25-1-15 (2021). This allows for pet dogs to be in outdoor patio seating areas. This language is in no way meant to require any establishment to allow pet dogs on their patios; and keeps with the 2022 Food Code that restricts animals inside establishments.

The 2022 FDA Food Code prohibits animals from being on the premises of a food establishment except:

• Patrol Dogs
• Service Animals
• Shellfish Tanks

What is the difference between pet patio allowances and service animal allowances?

Under New Mexico's Service Animal Act and the federal Americans with Disabilities Act (ADA), people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other public places. This ordinance and its rules do not regulate policies on service animals; but does enforce the food code and the allowances for animals in food establishments as they pertain to food safety. Learn more about service animals.

If you have any specific questions regarding the FSO or its Rules, please contact the Department at consumerhealth@cabq.