Albuquerque generally prohibits food and beverage uses as home occupations, but the IDO carves out a catering service that meets the New Mexico Homemade Food Act and needs no NM Environment Department permit.
Integrated Development Ordinance Subsection 14-16-4-3(F)(10)(b)(2) prohibits any use in the Food, Beverage, and Indoor Entertainment category as a home occupation, except a catering service that meets the requirements of the state Homemade Food Act and does not require a permit from the New Mexico Environment Department. The Homemade Food Act, enacted by 2021 House Bill 177 and codified in Chapter 25 NMSA 1978 (effective July 1, 2021), defines a homemade food item as a food item or non-alcoholic beverage produced at the private farm, ranch, or residence of a processor, and exempts the production and sale of such items from the Food Service Sanitation Act and the New Mexico Food Act when the items are non-potentially-hazardous and properly labeled and sold directly to consumers. Operators relying on this exemption must still satisfy the Act's labeling, sanitation, and food-handler requirements. Note the IDO separately prohibits general home-based food production or brewing of beverages for sale that falls outside this homemade-food exemption.
Selling food from the home outside the Homemade Food Act exemption is a prohibited home-occupation use and a zoning violation; state food-safety violations are enforced by the NM Environment Department.
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