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(Last Updated 07/28/2022)
New Mexico Food Waste Policy
New Mexico Date Labeling Regulations
Rating: Negative Policy
N.M. Code R. § 21.34.5
New Mexico requires sell-by date labeling on liquid dairy products over 1/2 pint, after which the product cannot be sold. Donation of any past date food item is not restricted.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.
New Mexico Liability Protection Regulations
Rating: Moderate Policy
N.M. Stat. Ann. § 41-10-1—3
N.M. Stat. Ann. § 41-10-1—3 protects eligible donors and distributors which donate or distribute apparently wholesome food for free. Eligible donors include individuals, partnerships, corporations, associations, governmental entities, public or private organizations, and gleaners; and eligible distributors include nonprofits and charitable organizations. Protections apply to direct donations.
Overview
The Bill Emerson Good Samaritan Food Donation Act provides a strong federal baseline of protection for food donors. It covers individuals, businesses, nonprofit organizations, the officers of businesses and nonprofit organizations, and gleaners. A donor must donate in good faith to a nonprofit organization that distributes the donated food to needy populations, and the food must meet all quality and labeling standards imposed by federal, state and local laws and regulations.
New Mexico TAX INCENTIVES
Rating: No Policy
New Mexico does not offer additional tax incentives beyond federal incentives.
Overview
The federal government provides tax deductions to incentivize businesses to donate food. As of December 2015, all businesses—including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships and sole proprietorships—are eligible for an enhanced tax deduction that exceeds the property’s basis for donated food if they meet certain requirements. If they do not meet the requirements, they can still claim a general tax deduction in the amount of the property’s basis.
New Mexico Animal Feed Regulations
Rating: Moderate Policy
N.M. Stat. Ann. § 77-7-16–18
Any animal material must be heat treated for 30 minutes or treated in some other manner approved by the state within a licensed facility prior to feeding swine. Animal-derived treated waste feeding permits must be obtained, but exceptions apply for individuals feeding household waste. There are no restrictions on feeding waste exclusively vegetable in nature.
Overview
For centuries, using food scraps as animal feed was common worldwide. The practice declined rapidly in the 1980s, when several disease outbreaks were linked to unsafe animal feed. In an attempt to prevent the spread of such diseases, federal laws and regulations were enacted to restrict what is often pejoratively referred to as “garbage feeding” to animals. However, using food scraps as animal feed in a safe, resource-efficient way can be environmentally friendly and energy-efficient, providing multiple benefits for both farmers and food waste generators, such as retailers, restaurants, and institutional cafeterias. Under federal law, food scraps can generally be fed to animals, so long as food scraps with animal derived by-products are heat-treated by a licensed facility before being fed to swine; and food scraps containing animal-derived by-products are not fed to ruminants. The federal regulations function as a floor, and most state regulations go beyond them.
New Mexico Organic Waste Recycling Laws
Rating: No Policy
New Mexico does not have any organic waste bans or waste recycling laws that bear on food waste.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.