New Mexico cottage food laws
Last updated October 26, 2026. Rules change, so always confirm with the official New Mexico source.
The law: New Mexico Homemade Food Act
What you can sell
Non-TCS baked goods without refrigerated fillings, candy, popcorn, dehydrated fruit, dry mixes, roasted coffee, and standard high-sugar fruit jams/jellies are examples.
What you can't sell
TCS foods, alcohol-containing foods/beverages, meat/jerky, salsa, canned pickles/vegetables, refrigerated pies/frostings, and acidified foods do not qualify. Hemp/CBD foods need separate commercial permitting.
Do you need a license or permit?
No NMED food permit is needed, but obtain an approved Food Handler Card before production. Training/card provider charges may apply; the agency does not prescribe a single fee in its FAQ.
Sales limits
No dollar cap is stated in the official Act guidance.
Where you can sell
Sell directly to consumers within New Mexico at markets, events, home pickup, online, or through personal/mail delivery. No out-of-state sales, restaurants, wholesalers, distributors, or grocery resale.
Label requirements
Provide processor name, home address, telephone and email, product name, and ingredients/subingredients in descending order. Include: "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens."
Good to know
Maintain sanitary production and transport; exclude children and pets during production. For unpackaged items, required information may be supplied through the Act’s applicable placard/information mechanism.
Pricing your products
Knowing your real cost per item matters as much as following the law.
Try Oven Elf free →Source: https://www.env.nm.gov/foodprogram/wp-content/uploads/sites/8/2025/06/Homemade-Food-Act-FAQ.pdf
General summary, not legal advice.
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