Cottage food laws in New Mexico

The limits

Sales cap

None

You can sell

Non-time/temperature-control-for-safety (non-TCS) foods, e.g., non-cream-filled baked goods that don't require refrigeration (cakes, cookies, yeast breads, pies, pastries), candy, popcorn, chocolate-covered pretzels, dehydrated fruits, granola/dry mixes, roasted coffee, whole fruits and vegetables, and standard high-sugar fruit jams/jellies. NMED states this list is illustrative, not exhaustive.

You cannot sell

All TCS foods and alcohol-containing food/beverages. NMED's illustrative list of disallowed items includes: meat and meat products (including jerky), salsa, fish/fish products (e.g., smoked fish), hemp/CBD-containing foods, vegetable jams/jellies (e.g., hot pepper jelly), canned fruits or vegetables, canned pickled products (corn relish, pickles, sauerkraut), pies/cakes requiring refrigeration (banana cream, pumpkin, lemon meringue, custard pies; cheesecake; cream-cheese-frosted cakes), milk and dairy products, cut fruits/vegetables, caramel apples, hummus, garlic-in-oil mixtures, juices/kombucha/cider, sprouts, fresh-produce/cheese products, salad dressings, and acidified foods.

Getting set up

Permit / registration

No permit or registration with NMED is required to operate. However, the seller must obtain a Food Handler Card from an approved food-handler-card program before beginning production.

Cost

There is no permit or registration fee to operate under the Homemade Food Act itself. However, the specific dollar cost of the required Food Handler Card course could not be confirmed against any primary source. Neither the Homemade Food Act (NMSA 1978 Sections 25-12-1 to 25-12-5), NMED's food-handler-card regulation (7.6.2.8 NMAC), nor NMED's own Homemade Food Act factsheet states a price or price cap for the food handler training course. Multiple commercial training-course vendors advertise prices around $6.95-$15 and some claim New Mexico law caps the cost at $15, but these are platform marketing pages, not primary sources, and no such statute or regulation could be located. Confirm current pricing with an NMED-approved food handler training provider or with NMED directly.

Training

Yes, confirmed, including the renewal interval. NMED's Homemade Food Act factsheet states plainly that a Food Handler Card from an approved program is required before beginning production. That card is the same credential defined and regulated under NMED's general food-handling regulation, 7.6.2 NMAC, which sets a uniform validity period of three years from the date of issuance. Because the Act does not define a separate card system, the 3-year renewal interval established in 7.6.2.8 NMAC applies to Homemade Food Act producers' cards.

Kitchen inspection

No routine inspection. NMED (and possibly the New Mexico Department of Health) may investigate mislabeling complaints or foodborne-illness complaints.

Labeling

Processor's name, home address, telephone number, and email address; the common/usual name of the food item; a full ingredient list from most to least present, including sub-ingredients of any compound ingredient (e.g., "butter (cream (milk), salt)"); and the required statement: "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens." This information may appear on a package label, a label on a bulk container, a point-of-sale placard, or the webpage where the item is sold.

Where you can sell

Permitted venues

Direct to consumers within New Mexico — farmers' markets, festivals, the internet, roadside stands, the seller's home (for pickup or delivery), and mail delivery. Not permitted: sales to a restaurant, wholesaler/distributor, or for resale by a retail store outside the state.

Online sales

Yes

Delivery in state

Yes — including delivery from the seller's home and delivery by mail.

Shipping out of state

No — the Act does not permit sale outside the state of New Mexico.

The fine print

Statute

Homemade Food Act, NMSA 1978 §§ 25-12-1 to 25-12-5 (enacted as HB 177, effective July 1, 2021); ended NMED's prior "Homebased Food Processor" permit program (legacy permits honored until expiration but not renewed).

Recent changes

No amendments since 2023 were identified in the sources reviewed.

Notes

Bernalillo County and the City of Albuquerque run independent food-safety programs outside NMED's jurisdiction for this Act — sellers there should confirm local rules directly with the Bernalillo County/Albuquerque environmental health program rather than relying on this NMED-sourced entry. No MEHKO-specific law was identified for New Mexico in the sources reviewed.