New Mexico Cottage Food Law (2026): Rules, Limits and How to Start
Do you need a license to sell homemade food in New Mexico?
New Mexico does not require a permit or license to sell homemade food under the Homemade Food Act. You do need a food handler certification, a compliant label on every product and your foods have to stay outside the refrigerated category the law excludes. There is no cap on how much you can earn.
New Mexico runs one of the more permissive cottage food laws in the country. You can start selling foods like baked goods without cream, custard, cheese or meat fillings and candy and fudge from your own kitchen with no state permit to file and no dollar ceiling on your sales. Once you meet the labeling step below you are clear to sell.
New Mexico sets no dollar limit on cottage food sales, so the ceiling on your growth is your own kitchen and time rather than a statutory cap. The other rules that matter, the label, the allowed foods and where you can sell, are in the tables below.
The parts new New Mexico sellers most often get wrong are the exact label disclosure wording and the food safety course. Each one has its own row below, with the official source beside it.
How much can you sell? The New Mexico sales cap
The annual sales limit for a New Mexico cottage food operation.
| Item | New Mexico rule |
|---|---|
| Annual sales cap | No annual dollar cap in New Mexico |
| How it works | The Homemade Food Act sets no revenue or unit cap. Sellers can earn unlimited income from allowed non-TCS foods. |
What foods can you sell in New Mexico?
Allowed and prohibited categories under current New Mexico law.
| Allowed (examples) | Prohibited |
|---|---|
| Baked goods without cream, custard, cheese or meat fillings (cakes, cookies, yeast breads, pies, pastries); Candy and fudge; Cereals and granola; Roasted whole coffee beans; Dried produce, herbs and seasonings; Pasta; Fruit pies, empanadas, tamales (non-TCS preparation); Jams, jellies and preserves; Nuts; Pickled produce; Popcorn; Fresh whole fruits and vegetables; Vinegars. | Time/temperature-control-for-safety (TCS) foods generally; Meat, poultry, fish and jerky; Milk and dairy products, cheese; Cut or sliced produce and sprouts; Refrigerated baked goods (cream, custard or cheese fillings); Juices, kombucha, cider and other beverages; Alcohol-containing foods and alcoholic beverages. |
These lists follow New Mexico Environment Department, Environmental Health Bureau, Food Safety Program's published guidance. Confirm your own product against New Mexico Environment Department, Environmental Health Bureau, Food Safety Program before you commit to a batch.
New Mexico cottage food label requirements
Every package you sell needs a label with the elements below in legible print.
- Business name and contact information (address, phone or email)
- Product name
- Complete ingredient list
- The state disclosure statement (verbatim above)
- Delivered on a label, on a bulk container, on a point-of-sale placard, or on the webpage where the item is offered, depending on how the item is sold
New Mexico requires this disclosure statement, word for word:
This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.
Reproduced from New Mexico's cottage food labeling requirements. Confirm the current wording with New Mexico Environment Department, Environmental Health Bureau, Food Safety Program before you print a run of labels.
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The one-page map of the steps, in order, so you can see the whole path at a glance.
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Where can you sell in New Mexico?
The venues and channels New Mexico cottage food operators may use.
| Channel | Allowed in New Mexico? |
|---|---|
| Direct to consumer in person (home pickup, farmers markets, roadside stands, festivals) | Yes. Must be within New Mexico |
| Internet or phone orders with in-state delivery or mail | Yes. Buyer must be in New Mexico |
| Retail stores, restaurants, wholesalers or distributors | No. Homemade Food Act sales must be direct to the consumer |
| Out-of-state or interstate sales | No. Sales must be to consumers within New Mexico |
New Mexico Environment Department, Environmental Health Bureau, Food Safety Program has not settled every channel in one published place. Confirm your specific channel, for example online or out-of-state shipping, with New Mexico Environment Department, Environmental Health Bureau, Food Safety Program.
Registration, training and inspection
Registration and permits. No permit, license or registration is required to operate under the Homemade Food Act.
Food safety training. Sellers must complete an approved food handler certification course before producing food for sale.
Kitchen inspection. No routine inspection of home kitchens. The Environment Department can inspect in response to a consumer complaint or to investigate a foodborne illness.
The fees a New Mexico cottage food seller can expect.
| Item | Cost |
|---|---|
| Homemade Food Act registration or permit | none, no permit or license required |
| Food handler certification course | unverifiable, varies by ANAB-accredited course provider, not a state fee |
Not published centrally. Confirm the current amount with New Mexico Environment Department, Environmental Health Bureau, Food Safety Program.
