Food Truck Permits in New Mexico
Last verified against official sources on by Amrit. How we verify
Yes. To run a food truck in New Mexico you need a food permit from the New Mexico Environment Department (NMED) Food Safety Program, unless you sell in Albuquerque or Bernalillo County, which run their own programs. Apply at least 30 days before you plan to open. You pay the $200 permit fee once NMED approves you to open, and the permit runs to the last day of the month you got it, a year later. Unless your truck is fully self-contained, it must work from an approved servicing area (a commissary).[5][4][1]
At a glance
| Permit needed | Yes. An NMED food permit for a mobile food establishment[5][1] |
|---|---|
| Where NMED doesn't issue it | Albuquerque and the rest of Bernalillo County. Apply to the city or the county there instead[4] |
| State fees | $200 permit fee a year. Plan review fee of $300 for a kitchen up to 1,000 square feet. $175 late fee if you renew after the permit expires, and $500 for each re-inspection NMED has to schedule[1] |
| Permit lasts | Until the last day of the month you got it, one year later. Then you renew[1] |
| Commissary (servicing area) | Needed unless your truck is self-contained. If you use one, report to it at least once a day[1] |
| Training | At least one certified food protection manager per business. Other food workers need a food handler card within 30 days of starting; it lasts three years[1] |
| Tax registration | Yes, with the Taxation and Revenue Department for gross receipts tax. It is free[8] |
| Agency | NMED Food Safety Program, 505-827-2855 or 1-800-219-6157[4] |
Step by step
Do these in order. Each step links to the official form or page.
Decide whether your truck is self-contained, and line up a servicing area if it isn't
A self-contained truck carries enough storage, fresh water and wastewater capacity on board, and can do every step of the operation, including food prep and dishwashing, inside the truck. It does not have to work from a servicing area, but you must still tell NMED where it will be cleaned, serviced and parked overnight. Any other truck, and every pushcart, must work from a servicing area (a commissary). You need a written agreement with it that lists the days and hours you will use it and the services it gives you, plus a copy of its current permit. You must stay within a reasonable distance and go back at least once a day. If you switch servicing areas, you can't operate until NMED approves the new one.[1]
Register with the Taxation and Revenue Department
Anyone doing business in New Mexico must register with the Taxation and Revenue Department (TRD). You get a Business Tax Identification Number, with a gross receipts tax account if it applies to you. Registering is free. The NMED application asks for this number (the CRS number).[8][6]
Get your food safety training
At least one person who supervises the food work must be a certified food protection manager, which means passing a test from an accredited program. NMED can waive this for very low-risk operations. Everyone else who handles food, utensils or food-contact surfaces needs a food handler card from an accredited course within 30 days of starting work. Cards last three years. You don't need a card if you are a certified food manager. A worker who only handles food that doesn't need temperature control is also exempt, but the permit holder must still train them in safe food handling before they start and keep a record of that training.[1][7]
Send NMED your application and plans at least 30 days before opening
Fill in NMED's Application for Permit to Operate, which covers mobile food establishments and doubles as the plan review application. For a truck you attach proof of your MVD (Motor Vehicle Division) registration, your servicing area agreement if you need one, your menu, a floor plan with the equipment layout, and where you get water and dump wastewater. Plans for a new build or conversion go in with the plan review fee: $300 for up to 1,000 square feet of kitchen, storage and dishwashing space. Then contact your nearest NMED field office, which tells you how to submit and sets up your opening inspection.[1][6][5]
Pass the opening inspection and pay the permit fee
NMED inspects before it issues the permit. Once it approves you to open, you pay the $200 permit fee. The fee is waived only if you give food away free. NMED does not refund fees.[1]
Follow the operating rules and renew every year
Do all the work inside the truck, and give customers only single-use plates, cups and utensils. If you park and sell for more than two hours, you must be within 200 feet of a toilet. A self-contained truck must tell the local NMED office at least 24 hours before selling outside the area of the office that permitted it. A truck tied to a servicing area needs written approval before going beyond a reasonable distance from it. NMED inspects at least once a year. Renew the $200 permit before it expires: a late renewal adds $175, and a re-inspection after a violation costs $500.[1]
Local rules
These places add their own requirements on top of the state rules.
- Albuquerque: The City of Albuquerque Environmental Health Department permits food trucks in the city, under its own Food Service and Retail Ordinance. Every mobile food unit needs a commissary, and its address is your business address. You also need a City business registration and a fire permit, and every unit except a pushcart must pass a Fire Department inspection before the health inspection. Each unit is permitted separately and renewed every year. Apply online through ABQ-PLAN.[9][10]
- Bernalillo County (outside Albuquerque): NMED does not permit food businesses in Bernalillo County. Bernalillo County runs its own food safety program, so contact the county for a permit.[4]
What it costs
| Step | Fee |
|---|---|
| Register with the Taxation and Revenue Department | Free |
| Send NMED your application and plans at least 30 days before opening | $300 (plan review fee for up to 1,000 sq ft of kitchen space; confirm with your field office that it applies to your truck) |
| Pass the opening inspection and pay the permit fee | $200 (per year) |
| Total if every fee applies to you | $500 |
Recent changes
- : Amendments to the state food rules (7.6.2 NMAC) take effect. The late renewal fee rises from $25 to $175 and the re-inspection fee from $100 to $500. New fees are added for plan review ($300 to $900 for a food establishment, by kitchen size) and for variance requests ($400). The $200 permit fee stays the same.[3][2][1]
Frequently asked questions
Do I need a commissary for my food truck in New Mexico?
Only if your truck isn't self-contained. A self-contained truck that holds all its supplies, water and wastewater and can do all prep and dishwashing on board doesn't need one. Other trucks and all pushcarts must work from a servicing area and go back to it at least once a day. In Albuquerque, every mobile food unit needs a commissary.[1][10]
Can I sell in other counties with my NMED permit?
Yes, outside Albuquerque and Bernalillo County, but a self-contained truck must tell the local NMED office at least 24 hours before selling outside the area of the office that permitted it. A truck that relies on a servicing area needs written approval before it goes beyond a reasonable distance from it. Albuquerque and Bernalillo County need their own permits.[1][4]
Can I set up tables or an outdoor counter next to my truck?
Normally no: all the work happens inside the truck. At a single event, NMED can approve extra covered storage, prep space or an outside serving counter, but you then need a temporary food establishment permit too.[1]
Do I need access to a restroom?
Yes, if you stop and sell in one place for more than two hours. The truck must be within 200 feet of toilet facilities.[1]
What happens if I renew my permit late?
Since October 1, 2026, NMED adds a $175 late fee to the $200 permit fee if you don't renew on or before the expiration date. If your permit lapses and you haven't paid any re-inspection fees within 30 days, you have to apply for a new permit and pay the plan review fee again.[1][3]
Can I sell from a pushcart instead of a truck?
Yes, with an NMED permit, but pushcarts are limited. They can sell food and drinks that don't need temperature control, commercially packaged food kept at the right temperature, and pre-cooked hot dogs or sausages with commercially made toppings. Any washing, slicing or cutting is done at the servicing area.[1]
Sources
- 7.6.2 NMAC, Food Service and Food Processing (as amended effective October 1, 2026), New Mexico Environment Department. Checked October 25, 2026. NMED's copy of the rule, linked as "NMAC 7.6.2 Food Regulations" from the NMED Food Regulation page. The State Records Center (srca.nm.gov) copy still showed the 2018 text on 2026-10-25; check the official NMAC once it is updated.
- 7.6.2 NMAC, Food Service and Food Processing (text before the October 2026 amendments), New Mexico State Records Center and Archives. Checked October 25, 2026. Cited only for the fees before October 1, 2026. This page had not yet been updated with the amendments when read.
- Notice and Concise Explanatory Statement of the Environmental Improvement Board's Decision to Adopt 7.6.2 NMAC (EIB 25-32(R)), New Mexico Environmental Improvement Board. Checked October 25, 2026.
- Food Safety Program, New Mexico Environment Department. Checked October 25, 2026.
- Applying for Food Permits, New Mexico Environment Department. Checked October 25, 2026.
- Application for Permit to Operate Food Establishment, Mobile Food Establishment, Food Processing Plant, or Mobile Support Unit, New Mexico Environment Department, Environmental Health Bureau. Checked October 25, 2026.
- Food Handler & Food Manager Training, New Mexico Environment Department. Checked October 25, 2026.
- Who must register a business?, New Mexico Taxation and Revenue Department. Checked October 25, 2026.
- Mobile Food Guide, City of Albuquerque Environmental Health Department. Checked October 25, 2026.
- Obtaining an Annual Food or Pool Permit, City of Albuquerque Environmental Health Department. Checked October 25, 2026.
Related
- Cottage Food Laws in New Mexico
- Food Truck Permits in Arizona
- Food Truck Permits in Colorado
- Food Truck Permits in Oklahoma
- Food Truck Permits in Texas
- Food Truck Permits in Utah
- Food Truck Permits by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with New Mexico Environment Department (NMED), Environmental Health Bureau, Food Safety Program or your local health department. Spotted something wrong or out of date?Report it and we will check it.