Cottage Food Laws in New Mexico (2026)
Complete guide to New Mexico's cottage food laws: No cap (unlimited) annual limit, no registration required, and online sales allowed.
New Mexico is one of the most permissive states — no sales cap, no permit, and no inspections. However, a food handler card IS required before producing homemade food. The law preempts all local restrictions. Home address must appear on all product labels. Interstate sales are prohibited.
Quick Facts for New Mexico
Annual Sales Limit
No cap (unlimited)
Registration/Permit
No permit, license, or registration required from state agencies. The Homemade Food Act preempts local restrictions — cities and counties cannot prohibit these businesses.
Kitchen Inspection
No inspection required
Food Handler Certification
Yes — food safety course required
Online Sales
Yes — online ordering allowed
Governing Agency
New Mexico Environment Department, Environmental Health Bureau
Legislation: New Mexico Homemade Food Act (HB 177, effective July 1, 2021)
What You Can Sell in New Mexico
Allowed Products
- Breads, cakes, cookies, and pies
- Pastries and baked goods
- Candy and confections
- Popcorn and chocolate-covered pretzels
- Granola and dry mixes
- Dehydrated fruits
- Roasted coffee
- Jams, jellies, and fruit butters
- Whole fruits and vegetables
- Honey and syrups
- Vinegars
- Nut butters and oils
Not Allowed
- Meat, poultry, fish, and jerky
- Salsas and vegetable jams/jellies
- Canned goods and pickled products
- Refrigerated desserts with cream cheese or custard
- Dairy products and cut melons
- Hummus and garlic-in-oil mixtures
- Acidified foods
- Sprouts
Where You Can Sell in New Mexico
Labeling Requirements in New Mexico
Every product you sell must include these on the label:
How to Start a Cottage Food Business in New Mexico
Verify your products are allowed
New Mexico allows specific non-potentially-hazardous foods. See the allowed products list above. If your product isn't listed, check with New Mexico Environment Department, Environmental Health Bureau.
Complete required food safety training
New Mexico requires a food handler certification or food safety course. These are typically available online for $10-$30.
No registration needed — just start
New Mexico does not require registration, permits, or licenses for cottage food operations. You can start selling immediately.
Set up proper labeling
New Mexico requires specific label elements on every product. See the labeling requirements section above for the exact list.
Start selling
Begin selling at approved venues in New Mexico. Track your sales to stay within the No cap (unlimited) annual limit.
Need more help?
Ask our AI assistant about New Mexico's specific cottage food requirements, labeling rules, and selling venues.
Chat with AI AssistantCottage food laws change frequently. This guide is for informational purposes only. Always verify current requirements with New Mexico's department of agriculture or health department before starting a cottage food business.