Yes, unpasteurized cheese is legally sold in New Mexico, but its distribution is tightly controlled under state and federal frameworks. The New Mexico Environment Department’s Food Program enforces 21 CFR 133 (FDA standards), while local health departments inspect producers annually. Retailers must source from licensed dairies complying with New Mexico’s 2023 Dairy Safety Act, which aligns with 2026 FDA traceability mandates.
Key Regulations for Unpasteurized Cheese in New Mexico
- Aging Requirement: Cheese aged ≥60 days at ≥35°F is exempt from pasteurization under FDA §133.169, provided it meets New Mexico’s acidity standards (pH ≤4.6).
- Licensing & Inspections: Producers must hold a New Mexico Dairy Plant Permit and pass bi-annual inspections by the New Mexico Livestock Board, which cross-references with USDA’s 2024 Pathogen Data System.
- Labeling Mandates: Retailers must display “Made from Raw Milk” prominently, per N.M. Admin. Code §20.3.2.11, with allergen warnings for lactose-intolerant consumers.
Out-of-state shipments require reciprocal agreements under the 2025 Interstate Milk Shippers Compact, which New Mexico adopted to harmonize with neighboring states’ raw milk cheese policies. Violations trigger immediate embargoes under N.M. Stat. Ann. §77-4-26, with penalties up to $10,000 for repeat offenses.