(A) Before vending at a market, market food vendors shall have a valid annual market food establishment permit, or other approved food permits issued pursuant to the Food Sanitation Ordinance, ROA 1994 Chapter 9, Article 6, Part 1; the Retailers, Meat Markets and Wholesalers Ordinance, ROA 1994 Chapter 9, Article 6, Part 2; the Raw Produce Stands Ordinance, ROA 1994 Chapter 9, Article 6, Part 3; or the Mobile Food Units Ordinance, ROA 1994 Chapter 9, Article 6, Part 5.
(B) Market food vendors shall be authorized by a market coordinator before vending at a market.
(C) lf applicable, market food vendors shall be in possession of a valid City of Albuquerque business registration before vending at a market.
(D) Market food vendors shall comply with the requirements of §§ 9-6-7-1 et seq. and all other laws, regulations, and ordinances.
(E) Requirements.
(1) Market food establishments and their market food vendors shall comply with the regulations set forth in the 2009 Food Code as they pertain to temporary food establishments.
(2) The enforcement authority may impose additional requirements to protect against health hazards related to the conduct of the market food establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of §§ 9-6-7-1 et seq.
(3) Food safety.
(a) All market food establishments, with the exception of market food establishments vending only raw, uncut produce, shall operate out of a commissary and shall report at least each day of operation to such location for all supplies and for all cleaning and servicing operations. The preparation or service of potentially hazardous foods, including pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry, eggs or fish, at a market is limited to potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of §§ 9-6-7-1 et seq.; is obtained in individual servings; is stored at a safe temperature in facilities that meet the requirements of §§ 9-6-7-1 et seq.; and is served directly in the unopened container in which it was packaged.
(b) All foods vended at a market must be from an approved source and free from spoilage, filth, or other contamination as to be safe for human consumption. During transportation of food to the point of sale or distribution at a market, food must be kept at appropriate temperatures and protected from contamination.
(c) Enough potable water shall be available in the market food establishment for food preparation, for cleaning and sanitizing utensils and equipment, and for handwashing. A heating facility located on the premises and capable of producing enough hot water for these purposes shall be provided where applicable.
(i) When a conventional handwashing sink is not available or in close proximity to the market food establishment, an approved temporary hand wash station shall be made available and consist of an insulated container that is equipped with a minimum five gallon capacity and a spigot to allow for the continuous flow of water; an adequate supply of potable water at a minimum temperature of 38°C (100°F); a wastewater container capable of properly retaining wastewater from the hand wash station; and an adequate supply of hand soap and paper towels.
(d) Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of §§ 9-6-7-1 et seq. The ice shall be obtained only in chipped, crushed or cubed form and in single-use safe plastic or wet strength paper bags filled and sealed at the point of manufacture. The ice shall be held in these bags, until it is dispensed, in a way that protects it from contamination. The bags shall be stored at least four inches off the ground.
(e) All market food establishments without effective facilities for cleaning and sanitizing tableware shall provide only single-service articles for use by the consumer.
(f) Food display and storage at a market.
(i) All food displays and preparation areas shall be smooth, durable, and easily cleanable.
(ii) Food displays shall be confined to tables or to the bed of a vehicle. Food must be at least six inches above the ground.
(iii) Food contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agents. Effective shields for such equipment shall be provided, as necessary, to prevent contamination. Servicing areas shall be provided with overhead protection.
(g) Raw animal foods; additional restrictions.
(i) A market food vendor shall not remove, or allow to be removed, raw animal foods from the original packaging in which the foods were placed at the food processing establishment from which they originated.
(ii) A market food vendor shall not vend unpackaged raw animal food products.
(iii) A market food vendor shall not vend raw animal food products in any condition other than frozen.
(iv) A market food vendor shall not vend raw animal foods unless they have the Federal USDA mark of inspection.
(h) Prohibited sales. A market food vendor shall not vend live animals, seafood, shellfish, sushi, or sprouts.