Cottage food laws in McKinley County, NM
McKinley County is a county in New Mexico (pop. 72,073). 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 McKinley County health and planning requirements. Local notes for McKinley County: home kitchen allowed; inspection not required; home occupation permit required. New Mexico Homemade Food Act (eff. July 2021) is Great-tier. McKinley County has a general business licensing ordinance requiring county license ($75/yr) for all businesses. County business ordinance found on county website. No specific cottage food exemption in county code. NMED has jurisdiction in McKinley County (not a separate local program like Bernalillo/Albuquerque). Food handler cert required by state. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
McKinley County cottage food reports
Zoning, permits, health department rules, and local sources for McKinley 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 McKinley County
State baseline: NMSA §25-12-3 (Homemade Food Act)
- Home kitchen allowed
- Yes
- Restrictions
- Production allowed in private farm, ranch, or residence. No state permit required. Food handler certification (NMSU online training) required, valid for 3 years. Direct-to-consumer sales only within New Mexico. No sales to restaurants, wholesalers, or out-of-state.
- Separate dedicated kitchen
- No
- Pet restrictions
- Not specified in state law
- Water supply
- Standard residential water supply
- Handwashing
- Food handler certification training addresses proper practices
- Food storage
- Appropriate storage required for shelf-stable products
- Inspection required
- No
- Inspection trigger
- Complaint-based investigation by NMED Food Safety Bureau only
- Home occupation permit
- Yes
- Permit details
- McKinley County Business Ordinance requires all businesses operating in unincorporated McKinley County to obtain a county business license from the County Clerk ($75/year). City of Gallup has its own licensing requirements within city limits.
- Local business license
- Yes
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Direct-to-consumer sales only; face-to-face transaction required; no online sales with third-party delivery
- Max employees in home
- Not specified
- Relevant code section
- McKinley County Business Licensing Ordinance (County Clerk)
New Mexico Homemade Food Act (eff. July 2021) is Great-tier. McKinley County has a general business licensing ordinance requiring county license ($75/yr) for all businesses. County business ordinance found on county website. No specific cottage food exemption in county code. NMED has jurisdiction in McKinley County (not a separate local program like Bernalillo/Albuquerque). Food handler cert required by state.
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/ →
McKinley County cottage food — FAQ
Do I need a permit to sell cottage food in McKinley County, New Mexico?
Home occupation permit: Yes. McKinley County Business Ordinance requires all businesses operating in unincorporated McKinley County to obtain a county business license from the County Clerk ($75/year). City of Gallup has its own licensing requirements within city limits. 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 McKinley County?
Inspection: No. Trigger: Complaint-based investigation by NMED Food Safety Bureau only. 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 McKinley 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 McKinley County?
Home occupation permit: Yes. McKinley County Business Ordinance requires all businesses operating in unincorporated McKinley County to obtain a county business license from the County Clerk ($75/year). City of Gallup has its own licensing requirements within city limits.
Where to verify McKinley County rules
McKinley County vs. bordering counties
| Regulation | McKinley County This county | San Juan County | Sandoval County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Not specified in state law | No specific state or county restriction; standard food safety sanitation practices apply. | 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 | Direct-to-consumer sales only; face-to-face transaction required; no online sales with third-party delivery | New Mexico allows direct sales at farmers markets, festivals, online, roadside stands, home pickup/delivery, and mail delivery within NM on… | Sales at farmers markets, festivals, internet, roadside stands, home pickup/delivery, and mail delivery within New Mexico. No sales to rest… |
| Home occupation permit | Yes | Varies | Varies |
| Local business license | Yes | Varies | Varies |
| Restrictions | Production allowed in private farm, ranch, or residence. No state permit required. Food handler certification (NMSU online training) requir… | New Mexico Homemade Food Act allows non-TCS homemade foods from private residence. No mandatory registration (voluntary NMED permit availab… | New Mexico Homemade Food Act (eff. July 1, 2021): no registration or permit required (voluntary permit available from NMED). No sales cap. … |
| Food storage | Appropriate storage required for shelf-stable products | Non-TCS shelf-stable products. TCS foods must be made in NMED-permitted commercial kitchen. | Non-TCS foods only. Alcohol-containing foods and CBD/hemp products prohibited from private residences. |
| Population | 72,073 | 121,798 | 149,460 |
Compare neighboring counties
McKinley County baker discussion
10 starter threads — welcome, zoning, top sellers, sourdough, cookies, jams, farmers markets, and more. Read what others are talking about or sign in to post.
Other New Mexico counties
Resources for cottage food and home bakers
Supplies, courses, insurance, farmers markets, kitchen rentals, and local services. To advertise here, visit crosodo.com/advertise. Browse all classifieds.
Advertise here
Packaging, labels, baking tools, bulk ingredients, and equipment for cottage food operators. Reach home bakers across the country.
crosodo.com/advertiseAdvertise here
Baking classes, cottage food business training, workshops, and food safety education. Reach home bakers across the country.
crosodo.com/advertiseAdvertise here
Product liability, home bakery, market vendor, and small food business insurance. Reach home bakers across the country.
crosodo.com/advertiseAdvertise in McKinley County, New Mexico
Reach home bakers in McKinley County, New Mexico. Supply stores, farmers markets, kitchen rentals, co-packer referrals, and bakery services are welcome.
Learn about placementsYour business here
Local cottage food listings, community kitchens, farmers market dates, and non-profit events can be submitted for review.
Post in the local discussionAds are paid placements. Crosodo does not endorse listed vendors. Verify all product, service, course, insurance, and legal information independently.
Cottage food law and municipal zoning interact in non-obvious ways. Before investing in equipment or marketing, talk to New Mexico's department of agriculture, your local health department, and your county or city's planning office. Crosodo is a clothing brand for cottage bakers, not a law firm.
Local bakers discuss zoning, permits, top sellers, sourdough, farmers markets, and more in the Crosodo forum.