New Mexico Cottage Food Laws

New Mexico's permit is relatively inexpensive but it's a real application with a checklist, not a self-certification.

Fast facts

Permit
Food processing permit + training required
Annual sales cap
No limit
Online sales
Limited
Shipping
Not allowed

What makes New Mexico different

  • New Mexico requires a homemade food permit and a food handler course
  • The state runs a specific homemade food act program through NMED
  • No annual sales cap

Where you can sell in New Mexico

  • Direct to consumer
  • Farmers markets
  • Some retail
  • Events

What you can and can't make

New Mexico follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the New Mexico Environment Department product list for state-specific exceptions.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

New Mexico labeling requirements

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for New Mexico

New Mexico Environment Department administers cottage food rules in New Mexico.

Last verified:

Visit New Mexico Environment Department

Not legal advice. This summary is for general education. Confirm with New Mexico Environment Department before you start selling.

Cottage food laws in other states