New Mexico Cottage Food Law
Tier: Great. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.
None
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.
Registration: No. Food handler cert: Yes.
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
Verbatim excerptA. The production and sale of homemade food items shall be regulated pursuant to the provisions of the Homemade Food Act and are exempt from other requirements pursuant to the Food Service Sanitation Act [Chapter 25, Article 1 NMSA 1978] and the New Mexico Food Act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978]; provided that: (1) the food items are not-time-and-temperature-control food items; (2) the seller sells directly to consumers within the state, including at farmers' markets, at festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail delivery; (3) the seller completes a food handler certification course approved by the department; (4) the seller maintains a sanitary kitchen, practices good hygiene, protects the kitchen from rodents and pests and keeps pets and children out of the kitchen while producing food; (5) if the seller transports food items pursuant to the Homemade Food Act, the seller ensures that the food is transported in a sanitary manner and is protected from pets, children and other hazards; and (6) the seller labels or otherwise provides to the consumer the information required by Subsection C of this section. C. A seller shall provide the following information about the seller's homemade food items to the consumer: (1) the name, home address, telephone number and email address of the processor of the food item; (2) the common or usual name of the food item; (3) the ingredients of the food item in descending order of predominance; and (4) the following statement: "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens." E. The department may operate a voluntary permit system for the sale of homemade food items. A seller may apply for such a permit from the department. G. The department shall enforce the Homemade Food Act and may investigate any suspected food-borne illness or stop the sale of any suspected contaminated foods; provided that the department shall first issue a written warning regarding any violation before imposing a fine. Failure to comply with a written warning shall be a misdemeanor, and upon conviction the violator shall be subject to a fine not to exceed one hundred dollars ($100) per violation.
Source: law.justia.com/codes/new-mexico/chapter-25/article-12/section-25-12-3/ →
New Mexico Cottage Food Law — Full PDF report
A comprehensive report covering the New Mexico statute, every county we've researched, and authoritative source URLs.
Download PDFHomemade Food Act FAQ
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- New Mexico Environment Department (NMED)https://www.env.nm.gov/foodprogram/wp-content/uploads/sites/8/2025/06/Homemade-Food-Act-FAQ.pdf
Beginning July 1, 2021, individuals may prepare certain low risk food items in their private farm, ranch or residence and sell them directly to consumers without a permit from NMED. The Homemade Food Act outlines certain food safety requirements that must be met by sellers participating in the program. NMED permitted food facilities may not use homemade foods as ingredients in their food items and grocery stores or similar facilities may not purchase or resell prepackaged homemade foods.
Homemade Food Act Q&A
- The Homemade Food Act is a New Mexico law effective July 1, 2021 which allows individuals to make certain low risk foods in their private farm, ranch or residence without a food permit from NMED and then market/sell those products made directly to consumers.
- Food produced must be non-time/temperature control for safety (Non-TCS). Food that meets this definition only requires simple production steps and does not require refrigeration when complete.
- Examples include: non-cream filled baked goods (cakes, cookies, yeast breads, pies, pastries); candy; popcorn; chocolate covered pretzels; dehydrated fruits; granola/dry mixes; roasted coffee; whole fruits and vegetables; standard high sugar fruit jams/jellies.
- This is not an exhaustive list, nor does it dictate what you may or may not sell under the Act.
- TCS Foods, alcohol-containing food, or alcoholic beverages may not be produced at a private farm, ranch or residence. TCS foods must be produced in an NMED permitted commercial kitchen.
- Examples not allowed include: meat and meat products including jerky; salsa; fish and smoked fish; foods containing CBD, hemp, or hemp extract; vegetable jams/jellies; canned fruits or vegetables; canned pickled products; refrigerated pies and cakes; milk and dairy products; cut fruits and vegetables; caramel apples; hummus; garlic in oil mixtures; beverages; sprouts; salad dressings; acidified foods.
- No. All food operations that make products containing hemp, hemp extract or CBD must be permitted as a commercial hemp manufacturing facility.
- You may sell your homemade food items directly to consumers within the state of New Mexico at places like farmers' markets, festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail delivery.
- Homemade items may not be sold to a restaurant, a wholesaler or distributor, or outside the state of New Mexico. A commercial manufactured food permit from NMED is required for those sales channels.
- Yes. You must obtain a Food Handler Card from an approved food handler card program before beginning production.
- Maintain a sanitary kitchen.
- Practice good personal hygiene.
- Protect kitchen from rodents and pests at all times. Only use pest control products in accordance with the label and that are approved for food service areas.
- Keep pets and children out of kitchen while in production.
- Store food in a sanitary manner at all times.
- Transport food in a sanitary manner, protecting it from pets, children and other hazards. Vehicle compartments used to transport animals must not be used to transport food.
- Required information may be provided on a package label, on a label attached to a bulk container, on a place card displayed at the point of sale, or on a webpage where the items are offered for sale.
- The name, home address, telephone number and email address of the processor of the food item.
- The common or usual name of the food item (i.e. Chocolate Chip Cookies).
- The ingredients of the food item listed from most to least present in the item. All sub-ingredients must be included (e.g., "butter (cream (milk), salt)").
- The following statement must be on the label: "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens."
- NMED is responsible for enforcing the requirements of the Act. If NMED receives a complaint that your product is not labeled properly, NMED will require you to correct the issue immediately, or be fined.
- NMED (and possibly the New Mexico Department of Health) may also investigate foodborne illness complaints.
Reproduced from the official NMED Homemade Food Act FAQ (August 2021). Verify current rules with NMED.
New Mexico Counties
33 counties tracked. Pick yours for the local zoning + health department links.
View all 33 counties →City zoning rules in New Mexico
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
Download the PDFWas this page helpful?
New Mexico cottage food law — FAQ
Do I need a license or permit to sell homemade food in New Mexico?
Yes — No. Food handler certification: Yes.
What foods can I sell under the New Mexico cottage food law?
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.
Is there a sales cap for cottage food in New Mexico?
None
How good is New Mexico's cottage food law?
New Mexico is a Great-tier cottage food state by Crosodo's rating criteria. No or very high sales cap, broad product list, multiple sales channels including retail and online. Most home bakers can run a meaningful operation here.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with New Mexico Environment Department and your local health department before relying on this data.