Cottage Food Laws by State

New Mexico Cottage Food Laws

New Mexico removed its annual cap in 2021. Home producers can sell at farmers markets, online, and from home without a permit.

Annual cap

No cap

Permit required

No

Venues

3

Last updated

2026

What You Can Sell

The following product types are permitted under the New Mexico cottage food law.

Baked Goods

Permitted
  • Cakes and cupcakes
  • Cookies and brownies
  • Muffins and quick breads
  • Yeast breads and rolls
  • Fruit pies (cream and custard pies require refrigeration and are not permitted)
  • Cake pops and dipped treats
  • Donuts and pastries

Candies and Confections

Permitted
  • Chocolates and fudge
  • Hard candies and lollipops
  • Toffee and caramel (shelf-stable)
  • Cake truffles

Preserved and Dry Goods

Permitted
  • Jams, jellies, and preserves
  • Honey and honeycomb
  • Dried herbs and spices
  • Roasted nuts and trail mix
  • Granola and cereal
  • Popcorn and flavored popcorn
  • Dried pasta (no egg)
Note: Items must be shelf-stable.

Beverages

Permitted
  • Coffee (roasted or ground, not brewed)
  • Dry tea blends
Note: Brewed beverages and juices are not permitted.

What You Cannot Sell

These product types are not covered by the New Mexico cottage food law and require a commercial kitchen license.

  • Meat, poultry, and seafood products
  • Dairy products (milk, cheese, butter)
  • Items requiring refrigeration (cream pies, cheesecakes)
  • Alcoholic beverages
  • Fruit and vegetable juices
  • Canned low-acid vegetables

Where You Can Sell

New Mexico permits cottage food sales at the following venues.

Direct from your home

Farmers markets

Roadside stands

Annual Sales Cap

No cap

No annual revenue cap. Cap removed in 2021.

Permit and Registration

No permit or registration required

No permit or license is required for cottage food operations in New Mexico.

What a Compliant New Mexico Label Looks Like

Quickly Cottage builds your ingredient list, detects allergens, and adds the required disclosure automatically.

Product

Chocolate Cake Pops

Ingredients

Devil's Food Cake Mix Betty Crocker
Dark Chocolate Melting Wafers Ghirardelli
Rainbow Jimmies Sprinkles Wilton
Red Food Color McCormick

Chocolate Cake Pops

Sunflower Home Bakery

412 Maple Ave, Springfield, NM

(555) 010-0142

Ingredients:

Enriched Bleached Flour (Wheat Flour, Niacin, Iron, Thiamin Mononitrate, Riboflavin, Folic Acid), Sugar, Cocoa (Processed with Alkali), Leavening (Baking Soda, Sodium Aluminum Phosphate, Monocalcium Phosphate), Corn Starch, Salt, Soybean Oil; Sugar, Unsweetened Chocolate, Cocoa Butter, Milkfat, Soy Lecithin, Vanilla; Sugar, Corn Starch, Vegetable Oil (Palm), Confectioner's Glaze, Carnauba Wax, FD&C Colors; Water, Propylene Glycol, FD&C Red 40.

Contains:

Wheat Milk Soy

This product is home produced and is exempt from state licensing and inspection.

Label Requirements

Every cottage food product sold in New Mexico must have a label that includes the following.

Required field
All 9 FDA major allergens present
Complete ingredient list, in descending order by weight
Business name
Business address
Product name
Phone number
City name
"Not inspected" disclosure statement

Required Label Disclosure

This exact text must appear on every label you sell in New Mexico.

This product is home produced and is exempt from state licensing and inspection.

Quickly Cottage adds this to your label automatically.

Generate your New Mexico label in minutes

Ingredient lists, allergens, and the required disclosure — built in automatically.

New Mexico Cottage Food — Common Questions

No. New Mexico does not require any permit or license for cottage food producers.

You can accept orders online, but all sales must be completed in person. Carrier shipping is not permitted.

Yes. Farmers markets are a permitted venue for New Mexico cottage food sellers.

New Mexico's annual cap is $50,000 in gross revenue.

Law reference: New Mexico Cottage Food Law (New Mexico Statutes Annotated, Section 25-3E-1) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.

Generate your New Mexico labels in minutes

Quickly Cottage builds your ingredient list from the brands you actually use, and generates a label with the New Mexico-required disclosure already included. Start free.