Cottage food laws in Bernalillo County, NM
Bernalillo County is a top-100 county by population in New Mexico (pop. 674,692). Under New Mexico's Great-tier cottage food law (sales cap: None), home bakers must still clear local zoning and health rules in this county. Registration path: No. Start with New Mexico Environment Department (state cottage food page linked below), then confirm Bernalillo County health and planning requirements via the health department and planning / zoning links on this page. Local notes for Bernalillo County: home kitchen allowed; inspection not required; home occupation permit not required. Bernalillo County follows New Mexico state baseline under the Homemade Food Act. No sales cap is a notable feature. No Bernalillo County-specific cottage food ordinance found. Albuquerque likely has home occupation permit requirements. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Bernalillo County cottage food reports
Zoning, permits, health department rules, and local sources for Bernalillo County.
Download county PDF
Full statute, all counties in New Mexico, and official source links.
Download state PDFTier: Great
New Mexico's cottage food law is permissive (Great tier) — high or no sales cap, broad product list, and multiple sales channels allowed. The state baseline is workable for full-time operations; the county still controls zoning and inspection.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for Bernalillo County
State baseline: NMSA §25-12-3 (Homemade Food Act, eff. July 1, 2021); no sales cap
- Home kitchen allowed
- Yes
- Restrictions
- State baseline: non-TCS foods only. No registration required (voluntary NMED permit available). Food handler certification required. Direct-to-consumer sales only, in-state only. No sales to restaurants, wholesalers, or distributors.
- Separate dedicated kitchen
- No
- Pet restrictions
- Not specified; standard sanitation applies
- Water supply
- Potable water; state baseline
- Handwashing
- Food handler certification required under NMSA §25-12-3
- Food storage
- Standard food storage; non-TCS only
- Inspection required
- No
- Inspection trigger
- NMED has enforcement authority but must issue a written warning before imposing fines. Max fine $100/violation.
- Home occupation permit
- Conditional
- Permit details
- City of Albuquerque has home occupation permit requirements (Albuquerque Zoning Code Section 14-16-3-3 Home Occupation). Contact Albuquerque Planning Department. Bernalillo County governs unincorporated areas. State homemade food law does not preempt local home occupation zoning.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Broad direct-to-consumer: home, farmers markets, events, online, mail delivery within New Mexico only. No wholesale to restaurants, distributors, retailers, or out-of-state. No sales cap.
- Max employees in home
- unknown
- Relevant code section
- NMSA §25-12-3; Albuquerque Zoning Code §14-16-3-3 for home occupations
Bernalillo County follows New Mexico state baseline under the Homemade Food Act. No sales cap is a notable feature. No Bernalillo County-specific cottage food ordinance found. Albuquerque likely has home occupation permit requirements.
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
Full New Mexico state report (with PDF download) →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/ →
Bernalillo County cottage food — FAQ
Do I need a permit to sell cottage food in Bernalillo County, New Mexico?
Home occupation permit: Conditional. City of Albuquerque has home occupation permit requirements (Albuquerque Zoning Code Section 14-16-3-3 Home Occupation). Contact Albuquerque Planning Department. Bernalillo County governs unincorporated areas. State homemade food law does not preempt local home occupation zoning. State cottage food registration may also apply — check the New Mexico guide at https://crosodo.com/states/new-mexico.
Is a health inspection required for home bakers in Bernalillo County?
Inspection: No. Trigger: NMED has enforcement authority but must issue a written warning before imposing fines. Max fine $100/violation.. Non-TCS baked goods are often exempt from kitchen inspection under state cottage food law, but local rules can differ.
What foods can I sell under New Mexico cottage food law in Bernalillo County?
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. County zoning does not expand the state product list — if a food is banned by New Mexico, it stays banned. Verify with the state agency before selling.
What is the sales cap for cottage food in New Mexico?
New Mexico state law lists cottage food sales at None. There is typically no separate county sales cap, but local permits or zoning can still limit operations.
Do I need a home occupation permit in Bernalillo County?
Home occupation permit: Conditional. City of Albuquerque has home occupation permit requirements (Albuquerque Zoning Code Section 14-16-3-3 Home Occupation). Contact Albuquerque Planning Department. Bernalillo County governs unincorporated areas. State homemade food law does not preempt local home occupation zoning.
Where to verify Bernalillo County rules
Bernalillo County vs. bordering counties
| Regulation | Bernalillo County This county | Santa Fe County | Sandoval County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Not specified; standard sanitation applies | No specific state restriction on pets in home. | No specific state restriction on pets in home. |
| Inspection required | No | No | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Broad direct-to-consumer: home, farmers markets, events, online, mail delivery within New Mexico only. No wholesale to restaurants, distrib… | Sales at farmers markets, festivals, internet, roadside stands, home pickup/delivery, and mail delivery all permitted within New Mexico. No… | Sales at farmers markets, festivals, internet, roadside stands, home pickup/delivery, and mail delivery within New Mexico. No sales to rest… |
| Home occupation permit | Conditional | Varies | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | State baseline: non-TCS foods only. No registration required (voluntary NMED permit available). Food handler certification required. Direct… | New Mexico Homemade Food Act (eff. July 1, 2021): no registration or permit required (voluntary permit available). No sales cap. Food handl… | New Mexico Homemade Food Act (eff. July 1, 2021): no registration or permit required (voluntary permit available from NMED). No sales cap. … |
| Food storage | Standard food storage; non-TCS only | Non-TCS foods only. Hemp/CBD-infused foods require commercial permit. Alcohol-containing foods prohibited from private residences. | Non-TCS foods only. Alcohol-containing foods and CBD/hemp products prohibited from private residences. |
| Population | 674,692 | 154,481 | 149,460 |
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