State says temporary permits allowed First Baptist and Hungry Hearts to continue serving while questions remain over how church fellowship meals are regulated
By Roger M. Rael
The Raton Range
RATON, N.M. — The New Mexico Environment Department required meal programs operating from First Baptist Church in Raton to obtain temporary food permits even though the agency reported no foodborne illness, issued no written violation, and produced no inspection report.
The department said its authority comes from 7.6.2 NMAC, the state regulation governing food service and food establishments.
The matter involves the church’s Wednesday Night Fellowship Meals and Hungry Hearts, a community meal ministry that also uses the church facility.
In written responses provided to The Raton Range, NMED said the two operations requested separate permits. The department said temporary permits were used because they were the fastest way to allow the meals to continue while meeting state requirements.
One monthly temporary permit covers all Wednesday meals held during that month, according to the department. Permit fees are waived because the food is served without charge.
NMED said its involvement began after an employee saw a sign outside the church advertising the Wednesday meal.
The department did not describe the June 30 visit as an enforcement inspection. Instead, NMED said staff held a verbal conversation with church representatives and provided guidance about the permitting process.
No inspection report, written warning, compliance order or list of corrections was issued.
Pastor Cory Flanagin confirmed that the church received no inspection report, written notice, warning, email or text message from NMED.
Flanagin said he would provide the temporary permit application, photographs of the kitchen, and other available records after returning to the church office.
He said he would also check whether the church received written information about kitchen improvements or whether the requirements were discussed only verbally.
NMED said equipment needs were discussed with church staff, but the agency acknowledged that it did not provide an itemized written list of improvements.
The church also has no contractor estimates showing what permanent upgrades would cost.
Flanagin said church representatives conducted general research and concluded that the cost of pursuing permanent improvements appeared to be more than the church wanted or could afford. Because no contractor has prepared an estimate, the cost has not been independently established.
No illnesses reported
NMED said it has received no report of foodborne illness connected with First Baptist Church or Hungry Hearts.
The department also identified no specific food-safety violation during its contact with church representatives.
NMED said it did not order either meal program to stop operating. The agency said it worked with the operators to expedite the temporary permits so they could continue serving food.
The department warned, however, that continuing to operate without a required permit could result in enforcement action.
The absence of a reported illness or written violation does not automatically remove an operation from state food regulations. NMED maintains that operations preparing or serving food must obtain permits unless they qualify for an exemption.
Potluck exemption may be central issue
NMED said a potluck meal may be exempt when the food is prepared or contributed by the participants and no fee is charged.
The state’s response did not say that every free church meal is automatically exempt.
Instead, the department’s definition appears to turn on how the food is prepared and who contributes it.
That distinction could become important in determining whether the Wednesday fellowship meals should be treated differently from Hungry Hearts.
The Wednesday meals are connected with church fellowship and Bible study. Hungry Hearts is a separate community feeding program serving members of the public.
NMED said it only distinguishes a potluck from other food operations. The department does not have separate written guidance specifically addressing churches, religious organizations, or charitable feeding ministries.
The department also did not provide a statewide count of churches currently operating under temporary or permanent food permits.
NMED said all operations meeting the definition of a food establishment are required to obtain a permit.
Separate permits remain a point of clarification
NMED said First Baptist and Hungry Hearts requested separate permits.
It remains unclear whether church representatives independently requested two permits or whether they did so after being told by the department that the programs had to be permitted separately.
Flanagin referred questions about Hungry Hearts documents to Kittye Moisman, who oversees records associated with that ministry.
The distinction matters because the two programs serve different purposes and potentially different groups of people, even though they operate from the same church kitchen.
The state said the monthly temporary permit is the least burdensome option currently available based on the meals being served.
NMED said permanent requirements would depend on the menu, equipment, and food-preparation methods used by each operation.
The department did not provide written guidance explaining what menu changes, commercially prepared foods, training requirements or other adjustments could reduce the regulatory burden.
Church may request variance or hearing
NMED said First Baptist or Hungry Hearts may apply for a variance from certain requirements.
The department also said a person dissatisfied with an agency decision may request an administrative hearing under Sections 8-905 through 8-908 of the state food regulations.
No variance application has been reported, and NMED has not issued a written denial or enforcement order against the church.
Without a written agency decision, the dispute remains largely based on verbal discussions, temporary permits and the department’s written answers to The Raton Range.
Flanagin previously contacted state Rep. Joseph Sanchez and state Sen. Pete Campos regarding the matter. He said the church had not received a response from either lawmaker as of Thursday.
Questions remain
NMED’s response establishes that there was no reported illness, no written food-safety violation, and no formal order closing the meal programs.
It also establishes that the state considers the meals subject to food-permit requirements unless they meet the potluck exemption or receive another form of regulatory relief.
The unresolved questions include how the Wednesday meals are prepared, whether participants contribute the food, what language appeared on the sign outside the church, and whether a private fellowship meal connected to Bible study should be treated the same as a public charitable feeding program.
The Raton Range has requested an independent legal analysis from Diego Esquibel, a licensed New Mexico attorney, regarding NMED’s authority, the potluck exemption, the use of recurring temporary permits, and any legal protections that may apply to religious fellowship activities.
His comments were not available by publication time.
First Baptist and Hungry Hearts are currently operating under temporary permits while church representatives gather documents and consider their next steps.
