A. The production and sale of homemade food items shall be regulated pursuant to the provisions of the Homemade Food Act and are exempt from other requirements pursuant to the Food Service Sanitation Act [N.M. Stat. Ann. Chapter 25, Article 1 ] and the New Mexico Food Act [25-2-1 to 25-2-19 and 25-2-20 N.M. Stat. Ann.]; provided that:

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(1)     the food items are not-time-and-temperature-control food items;

(2)     the seller sells directly to consumers within the state, including at farmers’ markets, at festivals, on the internet, at roadside stands, at the seller’s home for pick-up or delivery or through mail delivery;

(3)     the seller completes a food handler certification course approved by the department;

(4)     the seller maintains a sanitary kitchen, practices good hygiene, protects the kitchen from rodents and pests and keeps pets and children out of the kitchen while producing food;

(5)     if the seller transports food items pursuant to the Homemade Food Act, the seller ensures that the food is transported in a sanitary manner and is protected from pets, children and other hazards; and

(6)     the seller labels or otherwise provides to the consumer the information required by Subsection C of this section.

B. A seller shall provide to the consumer the information required by Subsection C of this section in the following manner:

(1)     on a label affixed to a package of a homemade food item when the package is the unit of sale;

(2)     on a label affixed to a container when the homemade food item is offered for sale from a bulk container;

(3)     on a placard displayed at the point of sale when the homemade food item is neither packaged nor offered for sale from a bulk container;

(4)     on a webpage on which the homemade food item is offered for sale; and

(5)     when a homemade food item is sold by telephone or custom order, a label is not required for the homemade food item; however, the seller shall disclose to the consumer that the homemade food item is produced at a private residence that is exempt from state licensing and inspection and may contain allergens.

C. A seller shall provide the following information about the seller’s homemade food items to the consumer:

(1)     the name, home address, telephone number and email address of the processor of the food item;

(2)     the common or usual name of the food item;

(3)     the ingredients of the food item in descending order of predominance; and

(4)     the following statement: “This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.”.

D. A seller shall have the information required by Subsection C of this section readily available and shall provide it to a consumer upon request.

E. The department may operate a voluntary permit system for the sale of homemade food items. A seller may apply for such a permit from the department.

F. A class A county and a home rule municipality that have established a combined local health department pursuant to the Joint Powers Agreements Act N.M. Stat. Ann. § 11-1-1 to 11-1-7 for the purpose of local health regulation may operate a mandatory or a voluntary permit system for the sale of homemade food items within the jurisdictions of the respective county and municipality; provided that such permit system allows the sale of all food items at all locations authorized by the Homemade Food Act.

G. The department shall enforce the Homemade Food Act and may investigate any suspected food-borne illness or stop the sale of any suspected contaminated foods; provided that the department shall first issue a written warning regarding any violation before imposing a fine. Failure to comply with a written warning shall be a misdemeanor, and upon conviction the violator shall be subject to a fine not to exceed one hundred dollars ($100) per violation.