Selling cottage food in New Mexico (2026 guide)
A plain-English walkthrough of New Mexico's cottage food rules — who needs to register, what you can sell, the labeling requirements, and how the sales cap actually works. Includes the official statute, the state department links, and a county-level companion guide.
If you bake out of your home in New Mexico, the rules you live by are set by the state's cottage food law — currently New Mexico Statutes Annotated 1978, Chapter 25 — Food, Article 12 — Homemade Food, Section 25-12-3 — Homemade Food Items; Licensing, Permitting, Inspection and Labeling Exemptions; Requirements; Investigations. It's a Great-tier law on the Crosodo scale: permissive — a high or no sales cap, broad product list, and multiple sales channels. This post is the plain-English version. The full breakdown — every county-specific zoning rule, the registration link, the latest verified statute citation — lives on the Crosodo New Mexico state guide and the downloadable New Mexico PDF report..pdf
Not legal advice. We're a small apparel brand that cares about home bakers. For anything serious, read the law directly and call the New Mexico Environment Department.
The quick facts
- Cottage food tier
- Great
- Annual sales cap
- No annual sales cap.
- Registration required
- No
- Kitchen inspection
- No
- Food handler certification
- Yes
- Indirect sales (retail/online)
- No — direct-to-consumer only.
- Statute
- NMSA §25-12-3 (Homemade Food Act)
What you can sell
Non-time-and-temperature-control-for-safety (non-TCS) homemade foods produced in a private farm, ranch, or residence may be sold directly to consumers within New Mexico through any channel including farmers markets, festivals, internet, roadside stands, home pickup/delivery, and mail delivery with no sales cap. A voluntary permit is available from the New Mexico Environment Department.
What's specifically excluded
TCS foods (requiring time/temperature control for safety) may not be produced at home and must be made in an NMED-permitted commercial kitchen. Alcohol-containing foods and alcoholic beverages may not be produced at a private residence. Hemp/CBD-infused foods require a commercial hemp manufacturing facility permit. Homemade items may not be sold to restaurants, wholesalers, distributors, or across state lines.
Where you can sell
New Mexico is a direct-to-consumer state under cottage food. That means farmers markets, home pickup, delivery you do yourself, roadside stands, and similar in-person channels. Selling through a grocery store, restaurant, or third-party retailer is not covered by the cottage food law — that's a commercial license question. See cottage food vs commercial kitchen for the move-up decision.
Exact fields, disclaimer wording, and a copy-paste template for this state.
Labeling requirements
Sellers must provide to consumers: the name, home address, telephone number, and email address of the processor; the common or usual name of the food item; ingredients in descending order of predominance; and the statement: 'This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.' This information must be on a package label, bulk container label, point-of-sale placard, or webpage depending on sale method. For telephone/custom orders, a label is not required but verbal allergen disclosure is mandatory.
Texas has the most detailed plain-English label walkthrough we've published — the structure translates well to most other states. See how to label cottage food in Texas for a copy-paste template you can adapt for New Mexico.
Common questions
Do I need to register before I start?
No — New Mexico does not require home bakers to register before selling cottage food. That said, you should still keep clean records, follow the labeling rules, and check whether your county or city imposes its own home-occupation permit or business license. County-level details for New Mexico are on the Crosodo New Mexico state guide.
Do I need a food handler certification?
Yes. New Mexico requires a food handler or food safety certification for cottage food producers. The New Mexico Environment Department maintains a list of accepted courses — most cost $10-$15 and take about 90 minutes online. Get this done before your first sale.
Is my home kitchen inspected?
No — New Mexico does not require routine home kitchen inspections for cottage food. That's the whole point of the law: your kitchen isn't a regulated facility.
What's the sales cap?
No annual sales cap.. No cap means scale is governed by your zoning and your time, not the cottage food law.
If you're just starting out
- Read your statute. NMSA §25-12-3 (Homemade Food Act) It's shorter than you think.
- Check your county. State law is the floor; your county can add zoning rules on top. The Crosodo New Mexico state guide lists the top counties with their specific requirements.
- Pick what you'll bake. The top selling sourdough loaves and beyond bread (cookies, buns, scones) posts cover what tends to actually sell at farmers markets.
- Price it right. The cottage baker pricing post walks through unit economics — most new bakers underprice by 30%.
- Label it correctly. Adapt the Texas label template to New Mexico's required disclaimer language.
- Set up your back office. The cottage baker software stack post covers what we use day-to-day.
Official sources
- NMSA §25-12-3 (Homemade Food Act)
- New Mexico Environment Department
- State extension service guidance
- Forrager — New Mexico
- Crosodo New Mexico state guide
- Crosodo New Mexico PDF report.pdf
If your county is missing from our New Mexico directory, tell us and we'll add it next. And if you want one of our sourdough varsity shirts while you proof your starter, the shop is here.
Crosodo Journal entries are recipe, craft, and cottage-food notes for home bakers. Recipes assume an active starter and basic equipment. Cottage food sales are governed by your state's law — start with the free state directory, check a product with Can I sell this?, or grab a label template. Not legal advice.
