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Cottage food laws · NM
Selling homemade food in New Mexico
New Mexico's Homemade Food Act has no cap on how much you can sell and no state permit requirement - you just need an NMED-approved food handler certification course/card before you start. It allows online sales and in-state mail delivery direct to the customer, but keep to non-perishable, non-TCS items and never sell through stores or restaurants.
Program
New Mexico Homemade Food Act
Registration
No state permit/license required from NMED to sell; producer must complete an NMED-approved food handler certification course and hold a Food Handler Card before production begins (valid about 3 years). A voluntary registration/permit option also exists but participation is optional.
Annual sales cap
No statewide cap
Online sales
Allowed (see notes)
You can sell
- Baked goods (without cream fillings)
- Jams, jellies, preserves (traditional high-sugar recipes)
- Candy
- Dried herbs & mixes
- Roasted coffee and dry goods
- Popcorn, nuts, and dried beans
You can't sell
- Time/temperature-control (TCS) foods needing refrigeration, including refrigerated baked goods, dairy, and cut produce
- Meat, poultry, and fish
- Low-acid canned foods and acidified foods (e.g., salsa)
- Foods containing CBD, hemp, or alcohol
Where you can sell
- Direct to consumer
- Farmers markets
- Online with in-state delivery
- Mail within New Mexico
Selling online
Online sales and in-state mail delivery are allowed as long as the transaction stays direct-to-consumer within New Mexico; no wholesale to restaurants or stores
What your labels must include
- Producer name, address, phone, and email
- Required disclosure statement (see below)
- Product common name
- Ingredient list (with sub-ingredients) in descending order by weight
- Allergen disclosure
- Net weight (US and metric)