New Mexico Cottage Food Laws
Last reviewed Oct. 13, 2026
New Mexico's Homemade Food Act, effective July 1, 2021, lets a person make food that does not need time and temperature control at a private farm, ranch or residence and sell it directly to consumers in New Mexico without a New Mexico Environment Department, or NMED, food permit. Sellers must complete a food handler course, keep a sanitary kitchen and give buyers the required label information. Sales may be made at farmers markets, festivals, roadside stands, the seller's home, online and through mail delivery, but only within the state. The law sets no sales cap. Homemade foods may not be sold to restaurants, wholesalers or distributors. This guide covers what you can sell, how you can sell, labeling and when you need a permit instead.
Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the New Mexico Environment Department, your local health department or an attorney before you start selling.
Quick facts
- No NMED permit is needed for homemade food items that do not need time and temperature control. Homemade Food Act, Sec. 3(A); NMED Homemade Food Act FAQ
- Sellers sell directly to consumers within the state, including online and through mail delivery. Homemade Food Act, Sec. 3(A)(2)
- Complete an approved food handler certification course before you begin. Homemade Food Act, Sec. 3(A)(3); NMED Homemade Food Act FAQ
- No sales cap appears in the act. Homemade Food Act, Sec. 3
- NMED says homemade items may not be sold to restaurants, wholesalers, distributors or buyers outside New Mexico. NMED Homemade Food Act FAQ
What the law calls it
- New Mexico uses "homemade food item," "processor," "seller" and "not time and temperature control." The law is the Homemade Food Act. Homemade Food Act, Sec. 2
Foods you can sell
- Food items or nonalcoholic beverages made at a private farm, ranch or residence that do not need time and temperature control for safety. Homemade Food Act, Sec. 2; Homemade Food Act, Sec. 3(A)(1)
- NMED's examples include non-cream-filled baked goods that do not need refrigeration, candy, popcorn, chocolate-covered pretzels, dehydrated fruits, granola and dry mixes, roasted coffee, whole fruits and vegetables and standard high-sugar fruit jams and jellies. NMED Homemade Food Act FAQ
Foods you cannot sell
- Foods that need time and temperature control. NMED lists meat and jerky, salsa, fish, vegetable jams such as hot pepper jelly, canned fruits or vegetables, pickles, cream and custard pies, cheesecake, dairy, cut produce, hummus, garlic in oil, juices and kombucha, salad dressings and acidified foods. NMED Homemade Food Act FAQ
- Alcohol-containing foods and alcoholic beverages. Foods with CBD, hemp or hemp extract need a commercial hemp manufacturing permit. NMED Homemade Food Act FAQ
Sales limit
- The act does not set a dollar limit. Homemade Food Act, Sec. 3
Permits and training
- No state permit is required. NMED may offer a voluntary permit. Homemade Food Act, Sec. 3(E)
- A combined city-county health department in a class A county may run a mandatory or voluntary permit system, but it must allow all foods at all locations the act allows. Homemade Food Act, Sec. 3(F)
- Complete a food handler certification course approved by NMED. NMED says this means getting a Food Handler Card from an approved program. Homemade Food Act, Sec. 3(A)(3); NMED Homemade Food Act FAQ
Where and how you can sell
- Directly to consumers within the state, including at farmers markets, festivals, roadside stands and the seller's home for pickup or delivery. Homemade Food Act, Sec. 3(A)(2)
- Online: allowed. Homemade Food Act, Sec. 3(A)(2)
- Mail: allowed, through mail delivery within the state. Homemade Food Act, Sec. 3(A)(2)
- Shipping to other states: not allowed. The law covers sales to consumers within the state, and NMED says homemade items may not be sold outside New Mexico. Homemade Food Act, Sec. 3(A)(2); NMED Homemade Food Act FAQ
- Wholesale: not allowed. NMED says homemade items may not be sold to a restaurant, wholesaler or distributor, and grocery stores may not buy or resell them. NMED Homemade Food Act FAQ
Labeling rules
- Give buyers your name, home address, phone number and email; the common name of the food; 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." Homemade Food Act, Sec. 3(C)
- Provide this on the package label, on a bulk container label, on a placard at the point of sale or on the webpage where the food is sold. For phone or custom orders, a label is not required, but you must tell the buyer the food is home produced, exempt from inspection and may contain allergens. Homemade Food Act, Sec. 3(B)
Zoning, HOAs and local rules
- Cities, counties and other political subdivisions may not regulate the production or sale of homemade food items, except as the act allows. Homemade Food Act, Sec. 5
- The act does not exempt sellers from business registration or tax law, or require private markets to accept homemade food. Homemade Food Act, Sec. 4
- Check your HOA documents, since the state does not review private covenants.
Inspections
- No routine inspection. NMED enforces the act, may investigate foodborne illness and may stop sales of suspected contaminated food. It must issue a written warning before a fine. Fines run up to $100 per violation. Homemade Food Act, Sec. 3(G)
- Sellers must keep a sanitary kitchen, keep pets and children out during production and transport food in a sanitary manner. Homemade Food Act, Sec. 3(A)(4), (5)
When you need a permit instead
- Foods that need time and temperature control and sales to restaurants, wholesalers, distributors or out-of-state buyers require an NMED commercial manufactured food permit. NMED Homemade Food Act FAQ
Timeline
- July 1, 2021: the Homemade Food Act (HB 177) took effect, and NMED stopped issuing home-based food processor permits. Homemade Food Act, Sec. 9; NMED Homemade Food Act FAQ
- Oct. 13, 2026: this page was last reviewed against the act and NMED guidance.
Frequently asked questions
Do I need a permit to sell homemade food in New Mexico?
No. Homemade food items that do not need time and temperature control are exempt from NMED permits. Source: Homemade Food Act, Sec. 3(A).
Is there a sales cap in New Mexico?
No. The act does not set one. Source: Homemade Food Act, Sec. 3.
Can I sell homemade food online in New Mexico?
Yes, to consumers within the state. Source: Homemade Food Act, Sec. 3(A)(2).
Can I mail homemade food in New Mexico?
Yes, through mail delivery within the state. Source: Homemade Food Act, Sec. 3(A)(2).
Can I ship homemade food to other states from New Mexico?
No. NMED says homemade items may not be sold outside New Mexico. Source: NMED Homemade Food Act FAQ.
Can I sell homemade food to restaurants or stores in New Mexico?
No. NMED says homemade items may not be sold to restaurants, wholesalers or distributors, and grocery stores may not resell them. Source: NMED Homemade Food Act FAQ.
Do I need a food handler card in New Mexico?
Yes. Complete an approved food handler course before you begin. Sources: Homemade Food Act, Sec. 3(A)(3); NMED Homemade Food Act FAQ.
Can I sell salsa or pickles under New Mexico's Homemade Food Act?
No. NMED lists salsa and canned pickled products as not allowed. Source: NMED Homemade Food Act FAQ.
What must my New Mexico label say?
Your name, address, phone and email; the food's name; ingredients; and "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens." Source: Homemade Food Act, Sec. 3(C).
Can my city require a homemade food permit?
Only a combined city-county health department in a class A county may, and it must allow all foods and locations the act allows. Source: Homemade Food Act, Sec. 3(F).
Official sources
This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the New Mexico Environment Department, your local health department or an attorney before you start selling.
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