Rule Update Slashes Costs for Dispensaries: Budtenders No Longer Require Food Handler Cards

If there is one thing license holders love more than compliance, its not having to pay for it. A quiet but significant update to New Mexico’s regulations is saving operators hundreds—if not thousands—of dollars in unnecessary compliance expenses. As of April 1, 2023, only manufacturers handling edible or topical products are required to obtain food safety certification and permits through the New Mexico Environment Department (NMED), per Rule 16.8.6.8 NMAC.

What the Rule Now Says

The updated regulation applies specifically to Class II, III, or IV manufacturers producing edible or topical products. These businesses must:

• Certify to NMED that their facilities and procedures meet food safety standards.

• Obtain a food permit from NMED or a home-rule municipality like Albuquerque.

• Cease all edible/topical production if a valid food permit is not in place after April 1, 2023.

The Employee-Level Clarification

Here’s the key shift: Budtenders, flower packagers, and front-of-house retail staff are no longer lumped into this requirement. The food handler card mandate now applies only to those directly handling edibles or topicals—such as kitchen workers and packaging technicians in a manufacturing facility; or if your selling edibles deli style.

In effect:

• Retail employees working with bulk flower or pre-rolls are exempt.

• Only those touching edible or topical products need food safety training.

Why It Matters

Before this clarification, many operators were interpreting the rule more broadly—or being told by local regulators to apply food handler requirements across the board. That meant paying for $10–$15 food handler cards for every employee handling live weight flower or working in a dispensary. For multi-store operations, that added up fast.

This new interpretation strips out the ambiguity and the cost burden.

What Operators Should Do Now

• Review and update all SOPs and onboarding documents to reflect the change.

• Discontinue food handler training for roles not involved with edibles or topicals.

• Push back on inspectors or agencies still applying the outdated interpretation.

• Reference 16.8.6.8 NMAC, subsections G–I in all internal compliance and licensing paperwork.

Final Word

In a heavily regulated industry where margins are tight and compliance is non-negotiable, this is a rare win. Operators who stay sharp on the rulebook—and know where to cut the fat—keep more money in their pocket and stay ahead of the curve.