New Mexico 2023 Regular Session

New Mexico Senate Bill SB405

Introduced
2/10/23  

Caption

Food Accessibility Act

Impact

One of the bill's significant changes is the establishment of a regulatory framework that supports the sale of homemade food products, which can now be sold without the typical state or local licensing requirements, provided certain criteria are met. Additionally, the legislation introduces exemptions to the gross receipts tax for food produced under these new provisions, which could incentivize local producers and strengthen the agricultural sector. Another major aspect is the ability to acquire meat through ownership of 'animal shares,' which allows consumers to receive a portion of meat from animals they co-own.

Summary

Senate Bill 405, known as the Food Accessibility Act, aims to enhance food accessibility and streamline regulations around the production and sale of food, particularly homemade food products. The bill exempts certain food sales from licensure, regulation, and inspection requirements, allowing individuals to sell homemade food directly to consumers without the need for state oversight. This move is intended to foster local food production and consumption, while also addressing concerns over food security in the state.

Contention

However, the bill has faced contention from various stakeholders. Critics express concern about the potential health risks associated with unregulated homemade food sales, arguing that veering away from strict inspections could lead to foodborne illnesses and unsafe food practices. Furthermore, the exemption for homeowners' associations to prohibit the keeping of limited poultry, such as ducks and chickens, has raised eyebrows. Advocates for local governance are concerned this could override local regulations and diminish community autonomy in managing local food production and safety standards.

Companion Bills

No companion bills found.

Previously Filed As

NM HB251

Homemade Foods; Agricultural Loans

NM SB833

Homemade food; creating the Oklahoma Food Freedom Act; exempting certain food from state licensure. Emergency.

NM HB5052

LOCAL FOOD-GOOD FOOD PROGRAM

NM HB134

Authorize home kitchen registration for sale of certain foods

NM SB1038

Homemade food; creating the Oklahoma Food Freedom Act; defining terms; exempting certain homemade food products from state licensure, permitting, inspection, packaging, and labeling requirements. Emergency.

NM SB1038

Homemade food; creating the Oklahoma Food Freedom Act; defining terms; exempting certain homemade food products from state licensure, permitting, inspection, packaging, and labeling requirements. Emergency.

NM SB2187

LOCAL FOOD-GOOD FOOD PROGRAM

NM HB0138

Food Labeling Amendments

NM HB3701

LOCAL FOOD-GOOD FOOD PROGRAM

NM SB202

Generally revise the Montana Local Food Choice Act

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Health Insurer Provider Info & Reimbursement