Cottage Food Laws by State
New Mexico Cottage Food Laws
New Mexico's Homemade Food Act, in effect since July 1, 2021, lets residents prepare low-risk foods in a private farm, ranch, or home and sell them without a food permit from the Environment Department. The state stopped issuing its old home-based processor permits at the same time. You still need a food handler card and a compliant label.
Permit
None
Training
Required
Home inspection
No
Online sales
Allowed
Shipping
Allowed
Across state lines
Not allowed
Wholesale
Not allowed
Verified against official sources on 2026-10-21.
Where You Can Sell in New Mexico
Sales must go directly to consumers inside New Mexico. NMED lists farmers markets, festivals, roadside stands, your own home for pickup or delivery, online orders, and mail delivery as fine. You cannot sell to restaurants, wholesalers, or distributors, and grocery stores may not buy and resell packaged homemade foods. Sales outside the state are not allowed.
| Channel | Status |
|---|---|
| From home |
Conditions apply
Sales at the seller's home for pickup or delivery. |
| Farmers markets | Allowed |
| Events & festivals | Allowed |
| Roadside stands | Allowed |
| Online orders |
Conditions apply
Allowed within New Mexico only; the required label information may be shown on the webpage where items are offered. |
| Retail stores |
Conditions apply
Grocery stores and similar facilities may not buy or resell prepackaged homemade foods. |
| Wholesale | Not allowed |
| Restaurants | Not allowed |
What You Can Sell in New Mexico
The test is whether a food is non-TCS, meaning it needs no refrigeration once finished. NMED's examples include cookies, cakes, yeast breads, candy, popcorn, granola, dry mixes, roasted coffee, and standard fruit jams. Meat, salsa, canned or pickled goods, dairy, cream-filled bakes, juices, and anything with alcohol, CBD, or hemp are excluded.
Any non-TCS (non-time/temperature control for safety) food that needs no refrigeration when finished, made in a private farm, ranch, or residence; TCS foods and alcohol-containing foods are not allowed.
Not allowed
Limits and Requirements
Annual sales cap
- Food must be non-TCS and made in your private farm, ranch, or residence
- Sell directly to consumers within New Mexico only
- No sales to restaurants, wholesalers, or distributors; grocery stores may not resell homemade foods
- NMED-permitted food facilities may not use homemade foods as ingredients
- A food handler card is required before production
- Foods with CBD or hemp need NMED hemp manufacturing permitting
How to Start Selling in New Mexico
-
1
Confirm your food is non-TCS
Check the food against NMED's Homemade Food Act fact sheet and Retail and Manufactured Food Field Guide; a process authority such as the NMSU Food Safety Laboratory can help classify unclear products.
-
2
Get a food handler card
Complete an approved food handler card program (NMSU offers one online, valid three years) before you start production.
-
3
Set up a sanitary kitchen
Keep the kitchen clean and pest-free, keep pets and children out during production, store and transport food sanitarily.
-
4
Label every product
Include the producer's contact information, product name, ingredients, and the required home produced statement.
-
5
Sell directly to consumers
Use farmers markets, festivals, roadside stands, your home, online orders, or mail delivery, within 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
Ingredients
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:
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 |
New Mexico Labeling Notes
- Label information may go on the package, on a bulk container label, on a place card at the point of sale for unpackaged items, or on the webpage where items are offered.
- NMED enforces labeling; improper labels must be corrected immediately or may result in fines.
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 food permit from the New Mexico Environment Department is needed under the Homemade Food Act; NMED stopped issuing home-based food processor permits on July 1, 2021.
The limit is in gross sales.
Obtain a food handler card from an approved food handler card program before you begin production; NMSU's online course is valid for three years.
Online sales are allowed. Shipping is allowed. Allowed within New Mexico only; the required label information may be shown on the webpage where items are offered.
Not allowed: Meat and meat products, including jerky; Salsa; Fish and smoked fish; Foods containing CBD, hemp, or hemp extract; Vegetable jams and jellies (e.g., hot pepper jelly); Canned fruits and vegetables; Pickled and acidified foods; Pies or cakes that need refrigeration, cheesecake, cream cheese frosting; Milk and dairy products such as cheese or yogurt; Cut fruits and vegetables; Caramel apples; Beverages such as juices, kombucha, apple cider; Alcohol-containing foods and alcoholic beverages.
Resources and Law History
2021
Homemade Food Act (HB 177, Laws 2021 ch. 98) took effect July 1, 2021; NMED stopped issuing home-based food processor permits.
Law reference: New Mexico Cottage Food Law (Homemade Food Act, HB 177 (2021), Laws 2021, chapter 98) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.
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