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Albuquerque, NM Public Health Rules: Food Handler Certification (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
Albuquerque Food Service and Retail Ordinance
Section
ROA § 9-6-13
Who enforces
Environmental Health Dept. Enforcement Authority
First civil fine
$250; rises to $1,000
Criminal penalty
Up to $500 and 30 days jail
Appeal window
15 business days to City Clerk

Summary

Every employee of an Albuquerque food establishment must be adequately trained in food safety under the city's Food Service and Retail Ordinance. The Environmental Health Department enforces the training mandate alongside permitting, inspection and grading duties for the same businesses.

§ 9-6-13 FOOD SAFETY TRAINING REQUIREMENTS. All Food Establishment employees shall be adequately trained in Food safety in a manner consistent with the Rules. (Ord._2024-012)

Source: Albuquerque Code of OrdinancesView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).

Full Breakdown

City Code Section 9-6-13 states the training duty in one operative sentence: employees of a Food Establishment must be trained in food safety consistent with the Rules the Enforcement Authority, the Mayor or a designated agent, promulgates under Section 9-6-5(G), which directs the Authority to establish requirements for Food Establishment employees to be properly trained in food safety. A Food Establishment is defined in Section 9-6-3 as any place where food is stored, processed, packaged or prepared for human consumption, whether or not there is a charge, but excludes homemade-food operations exempt under the New Mexico Homemade Food Act, a private-home kitchen, home-delivery services, and a private home that only receives catered food.

Training travels with the permit: Section 9-6-7 bars operating a Food Establishment without a valid permit, and Section 9-6-8 lets the Enforcement Authority suspend or revoke that permit or require a written compliance plan when the business falls out of compliance with the ordinance or Rules, which include the training standard. Inspectors document compliance under Section 9-6-11, which authorizes entry, sampling and, if entry is refused, a search-warrant application to Metropolitan or District Court. Every inspection produces a letter Grade that Section 9-6-11(D) requires the establishment to post in a conspicuous, publicly visible spot, and Section 9-6-11(E) requires the Authority to give the permit holder a written list of corrective actions and a deadline.

A permit holder unhappy with an inspection, condemnation, variance denial or civil penalty can demand a hearing before an Independent Hearing Officer within fifteen business days under Sections 9-6-17 and 9-6-18, subject to a nonrefundable $50 hearing fee, and can seek judicial review in District Court within thirty days under Section 9-6-19.

Violations & Fines

Section 9-6-20 makes a first civil violation of the Food Service and Retail Ordinance, including a training lapse the Enforcement Authority cites after notice, a $250 fine, $500 for a second offense and $1,000 for a third or later offense within any 36-month period, with each day of non-compliance a separate offense. Criminal prosecution under the same section is a petty misdemeanor carrying a $250 to $500 fine and up to thirty days in jail per violation, and the city can also seek an injunction.

Frequently Asked Questions

Does every food business employee need training in Albuquerque?
Yes. Section 9-6-13 requires all Food Establishment employees to be adequately trained in food safety consistent with the Rules the Enforcement Authority adopts, and Section 9-6-5(G) directs the Authority to set those training requirements as part of its rulemaking duty.
What counts as a Food Establishment under this rule?
Any place that stores, processes, packages or prepares food for human consumption, on or off premises, whether or not a charge is made. It excludes Homemade Food Act operations, private-home kitchens, home-delivery services and private homes that only receive catered food, per Section 9-6-3.
What happens if an establishment is not compliant?
The Enforcement Authority can issue corrective-action notices, a lower inspection Grade, suspend or revoke the permit, or require a compliance plan under Section 9-6-8, and repeated non-compliance draws escalating civil fines of $250, $500 and $1,000 under Section 9-6-20.
Can a permit holder appeal a training or grading citation?
Yes. Section 9-6-18 lets a permit holder request a hearing before an Independent Hearing Officer within 15 business days for a $50 fee, and Section 9-6-19 allows a further District Court petition within 30 days of the hearing decision.

Sources & Official References

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