LegalToOpen

Cottage Food Laws in New Mexico

Last verified against official sources on by Amrit. How we verify

Yes. Under New Mexico's Homemade Food Act you can make low-risk foods (foods that do not need to be kept hot or cold) at your home, farm or ranch and sell them directly to customers in New Mexico without a permit from the state environment department (NMED). Cities and counties cannot add their own rules. You must get a food handler card first, keep a clean kitchen, and give customers your contact details, the ingredients and a required statement. You cannot sell to restaurants, stores or wholesalers, or outside the state.[2][1][3]

At a glance

Permit neededNo state permit. Cities and counties cannot require one, except a combined city-county health department (see local rules).[2][1]
Sales capNone in the law[1]
TrainingA food handler card from an approved program, before you start making food[1][3]
Label statement"This product is home produced and is exempt from state licensing and inspection. This product may contain allergens."[3]
Where you can sellDirectly to customers in New Mexico: farmers markets, festivals, roadside stands, from home, or by delivery. Not to restaurants, stores or wholesalers.[3]
Online and shippingYes, you can sell online and mail food to customers, but only within New Mexico[3]
Foods allowedOnly foods that do not need to be kept hot or cold, such as cookies, bread, candy and high-sugar fruit jams[3]
AgencyNew Mexico Environment Department (NMED)[3]

Step by step

Do these in order. Each step links to the official form or page.

  1. Check that your food is allowed

    You can only make foods that do not need to be kept hot or cold to stay safe. NMED calls these non-TCS foods (TCS stands for "time and temperature control for safety"). Cookies, bread, candy, popcorn and high-sugar fruit jams are typical. Meat, salsa, pickles, canned vegetables, cheesecake and anything with alcohol, CBD or hemp are not allowed. If you are not sure, NMED suggests asking a process authority (a food safety expert who can help you decide whether a food qualifies).[3]

  2. Get a food handler card

    Take a food handler course from a program NMED approves, and get your card before you start making food to sell.[1][3]

  3. Keep your kitchen clean

    Keep a sanitary kitchen, practice good hygiene, keep out rodents and pests, and keep pets and children out of the kitchen while you are making food. If you deliver, protect the food from pets, children and other hazards on the way.[1]

  4. Label every item

    Give customers your name, home address, phone number and email address, the usual name of the food, the ingredients from most to least, and the required statement. NMED says to list sub-ingredients too, for example "butter (cream (milk), salt)". Put this on the package label, on the bulk container, on a sign where you sell unpackaged food, or on the web page where you sell it, and give it to any customer who asks. For phone or custom orders no label is needed, but you must tell the customer the food was made in a private home that is exempt from state licensing and inspection and may contain allergens.[1][3]

  5. Sell directly to your customers in New Mexico

    Sell at farmers markets, festivals, roadside stands, from your home, online, or by delivery or mail within the state. A private farmers market or venue can still say no to homemade food. You still need to follow normal business registration and tax rules.[3][1]

What you can and can't sell[3]

Allowed

  • Baked goods without cream filling that do not need refrigeration, such as cakes, cookies, yeast breads, pies and pastries
  • Candy, popcorn and chocolate-covered pretzels
  • Dried fruit, granola and dry mixes
  • Roasted coffee
  • Whole fruits and vegetables
  • Standard high-sugar fruit jams and jellies

Not allowed

  • Meat and meat products, including jerky, and fish
  • Salsa, hummus, salad dressings and garlic-in-oil
  • Pepper jelly and other vegetable jams
  • Canned fruits or vegetables, pickles, relish, sauerkraut and other acidified foods
  • Cream, custard or pumpkin pies, cheesecake, and cakes with frosting that needs refrigeration
  • Milk, cheese, yogurt and other dairy products
  • Cut fruit and vegetables, foods made with fresh fruit, vegetables or cheese, caramel apples and sprouts
  • Juices, cider and kombucha
  • Foods with alcohol, CBD or hemp

Local rules

These places add their own requirements on top of the state rules.

Recent changes

Frequently asked questions

Can I ship my cookies to customers?

Yes, within New Mexico. The law allows internet sales and mail delivery, but only to customers in the state. You cannot sell outside New Mexico.[3]

Can I sell my baked goods to a coffee shop or grocery store?

No. Food businesses with an NMED permit cannot use homemade food as an ingredient, and grocery stores and similar shops cannot buy or resell it. To sell to restaurants, wholesalers or distributors you need a commercial manufactured food permit from NMED.[3]

Do I have to put my home address on the label?

Yes. The law requires the maker's name, home address, phone number and email address.[1][3]

Can I sell salsa, pickles or pepper jelly?

Not from your home kitchen. NMED lists salsa, pickles and hot pepper jelly among the foods you cannot make at home. Foods like these must be made in an NMED-permitted commercial kitchen.[3]

Can I sell cheesecake or cakes with cream cheese frosting?

No. Pies and cakes that need refrigeration, including cheesecake and cream cheese frosting, are not allowed under the Act.[3]

Will anyone inspect my kitchen?

The required label says the product is exempt from state licensing and inspection. NMED enforces the Act: if it gets a complaint that a label is wrong, it will require you to fix it right away or be fined, and it can investigate suspected foodborne illness and stop sales of food it suspects is contaminated. It must give you a written warning before any fine. Ignoring a written warning is a misdemeanor, with a fine of up to $100 per violation on conviction. You can also ask NMED for help or an inspection.[3][1]

I had a Homebased Food Processor permit. Do I still need it?

No. NMED stopped issuing those permits on July 1, 2021. Existing permits stayed valid until they expired and were not renewed.[3]

Sources

  1. House Bill 177 (2021), as approved: the Homemade Food Act, New Mexico Environment Department (copy of the enrolled bill). Checked October 25, 2026. NMED's hosted copy of the enrolled bill. nmlegis.gov returned HTTP 403 to the fetcher, so the Legislature's own copy and the compiled NMSA sections were not read. Check against nmlegis.gov before verifying.
  2. HomeMade Food Act, New Mexico Environment Department. Checked October 25, 2026.
  3. Homemade Food Act FAQ (updated August 16, 2021), New Mexico Environment Department. Checked October 25, 2026.
  4. New Mexico Homemade Food Act, City of Albuquerque Environmental Health Department. Checked October 25, 2026.

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), Food Safety Program or your local health department. Spotted something wrong or out of date?Report it and we will check it.