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Can I sell food from home in New Mexico?

AllowedOnline ordersShips in-stateNo store sales
Yes. New Mexico lets you make certain foods at home and sell them, under the Homemade Food Act. No state permit, license or registration is needed (training, a food handler card or local rules may still apply; see below). There is no state sales cap.
Not legal advice. This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.

New Mexico cottage food law at a glance

Home food sales allowedyes Homemade Food Act
LawHomemade Food Act, HB 177 (Laws 2021), new sections of Chapter 25 NMSA 1978 (specific section numbers unverified)
Sales capNo cap
Permit or registrationnone. No NMED permit required (NMED may run a voluntary permit). Seller must complete an approved food handler certification course (food handler card). Bernalillo County/Albuquerque combined health department may run a mandatory or voluntary permit system. No routine inspection; NMED enforces on complaints, written warning before fines (max $100/violation).
Sell in personyes
Take online ordersyes
Ship within the stateyes
Ship to other statesno
Sell to shops and cafesno
Where you can sell, detailsDirect to consumers within New Mexico: farmers markets, festivals, internet, roadside stands, home pickup or delivery, or mail delivery. No sales to restaurants, wholesalers/distributors, or grocery stores for resale; no out-of-state sales. Private markets may decline homemade foods.

yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.

What foods can you sell from home in New Mexico?

Allowed: Non-TCS foods: non-cream-filled baked goods not needing refrigeration (cakes, cookies, breads, pies, pastries), candy, popcorn, chocolate-covered pretzels, dehydrated fruit, granola/dry mixes, roasted coffee, whole fruits and vegetables, standard high-sugar fruit jams/jellies.

Not allowed: TCS foods (meat incl. jerky, fish, dairy, salsa, cut produce, cream/custard/pumpkin pies, cheesecake, cream cheese frosting, caramel apples, hummus, garlic-in-oil, juices, kombucha, cider, sprouts, dressings), canned/pickled/acidified foods, vegetable/pepper jellies, alcohol-containing foods, CBD/hemp foods.

Label requirements in New Mexico

Required statement: This product is home produced and is exempt from state licensing and inspection. This product may contain allergens. exact wording from an official source

Other label items: Processor name, home address, telephone number and email; common name of the food; ingredients in descending order of predominance (FAQ: include sub-ingredients). Info may be on package label, bulk-container label, point-of-sale placard, or the sales webpage; phone/custom orders need only verbal disclosure.

Selling from home in New Mexico? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels with New Mexico's required statement filled in. It also has this guide for all 50 states and DC. One-time price, and it works offline.

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Notes

Effective July 1, 2021; NMED stopped issuing Home-Based Food Processor permits on that date. State preemption bars local regulation except the combined Albuquerque/Bernalillo health department permit option. NMED FAQ last updated Aug 16, 2021; no later amendments found (web search unavailable to confirm).

Sources

Last checked: 2026-10-24 · confidence: high (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.

This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.

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