(A) An applicant seeking a raw milk permit shall submit a signed application and a copy of the establishment’s City of Albuquerque business registration (if applicable) to the enforcement authority, on a form provided by the enforcement authority.
(B) The enforcement authority shall review the contents of the application and make a determination of approval or denial. The enforcement authority may require an inspection of the applicant’s operations prior to the approval of the application. The applicant shall remit payment for the raw milk permit prior to the commencement of vending raw milk or raw milk product. If approved, a raw milk permit shall be issued following the payment of all applicable fees and compliance with the requirements of this ordinance and other laws, regulations and ordinances.
(C) Denial of permit. The enforcement authority may refuse to issue a raw milk permit to any applicant who fails to demonstrate, to the satisfaction of the enforcement authority, the ability to comply with or who fails to comply with the requirements of this ordinance or of other laws, regulations or ordinances or any applicable rules or orders issued pursuant to a Civil Emergency or Public Health Emergency, as those terms are defined in state law or ROA 1994, Chapter 2, Article 9, Part 1. In the event the enforcement authority denies a raw milk permit, the enforcement authority shall notify the applicant in writing, stating the reasons for which the permit was denied. An opportunity for a hearing to appeal the denial of a raw milk permit will be provided if a written request for hearing is filed with the City Clerk’s office within 15 working days. A hearing shall be held in accordance with § 9-6-8-13 ROA 1994.
(D) Term and scope of permit.
(1) Food Establishment-Grocery Raw Milk permits shall be valid for one calendar year from the anniversary date.
(2) The term of each approved Market Food Establishment Raw Milk permit shall begin on (i) April 1, if the market food establishment application was submitted on or before March 15, or (ii) the date of issuance. The term of each market food establishment raw milk permit shall end on March 31. A Market Food Establishment Raw Milk permit authorizes a Raw Milk Vendor to operate at any market within City limits.
(Ord. 2023-031)