New Mexico Cottage Food Law 2026
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⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Baked goods (non-cream-filled: breads, cookies, cakes, pies, pastries)
- ✓Tortillas
- ✓Candy and chocolate-covered items (pretzels, etc.)
- ✓High-sugar jams, jellies, and preserves
- ✓Dried fruits, dried vegetables, dried herbs and spices
- ✓Granola, popcorn, roasted nuts
- ✓Roasted coffee beans, dry tea blends
- ✓Dry baking and seasoning mixes
- ✓Shelf-stable non-alcoholic beverages
Prohibited
- ✕All TCS (time/temperature-control-for-safety) foods
- ✕Meat, poultry, seafood, jerky
- ✕Dairy and cheese products; cheesecake
- ✕Cream- or custard-filled pies and pastries (banana cream, pumpkin, lemon meringue, custard)
- ✕Cakes with cream-cheese or refrigeration-required frosting
- ✕Pickles, salsas, hot sauces, acidified foods
- ✕Fermented foods, kombucha
- ✕Low-acid canned goods
- ✕Cut fresh produce; shell eggs sold standalone
- ✕Any food or beverage containing alcohol
Labeling Protocols
01Processor name
02Home address of the processor
03Telephone number of the processor
04Email address of the processor
05Common or usual name of the food item
06Ingredients listed in descending order by weight
07Disclaimer (verbatim): 'This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.'
FAQs
Do I need a permit or license to sell homemade food in New Mexico?
No. Under the Homemade Food Act (NMSA §§ 25-12-1 through 25-12-5, effective July 1, 2021), qualifying non-TCS homemade food is exempt from state licensing, permitting, and inspection. Albuquerque and Bernalillo County may impose a local permit under their home-rule authority — check locally if you sell there.
Is food handler training required?
Yes. Every homemade food seller must hold a current ANAB-accredited New Mexico Food Handler card. It is valid for 3 years and typically costs under $15 online.
Is there a sales cap?
No. New Mexico imposes no annual revenue limit on homemade food sales.
Can I sell at farmers markets, festivals, or roadside stands?
Yes. The statute explicitly permits sales at farmers' markets, festivals, roadside stands, the seller's home (pickup or delivery), online, and via mail delivery — all direct-to-consumer within New Mexico.
Can I ship out of state?
No. The Homemade Food Act covers only direct-to-consumer sales within New Mexico. Interstate shipping is regulated under federal law and requires a commercial food license.
Can I sell to grocery stores, restaurants, or wholesale?
No. Sales must be direct to the end consumer. Wholesale, retail, and restaurant resale are not permitted under the Homemade Food Act.
What disclaimer is required on the label?
The exact wording required by § 25-12-3 is: 'This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.' Labels must also include the processor's name, home address, phone, email, the common name of the item, and ingredients listed in descending order by weight.
What Comes Next
After You Verify Compliance: Your Next 4 Steps
Some links below are affiliate links — we earn a small commission at no cost to you. We only recommend services we'd suggest to a friend. Full disclosure.
- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for New Mexico.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Required in New Mexico
Complete Food Safety Training
New Mexico requires a recognized food safety certification before you can sell. Learn2Serve offers an ANSI-accredited course you can complete online in a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the New Mexico-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
At a Glance
Permit Fee
$0
No permit, no application fee, no renewal fee. Only mandatory cost is an ANAB-accredited New Mexico Food Handler card (~$7–$15, valid 3 years).
Renewal
N/A for the exemption. ANAB Food Handler card renews every 3 years.
Shipping