New Mexico Cottage Food Laws

New Mexico moved from a permit to a lighter homemade food framework in 2021. Albuquerque and Bernalillo County residents should check local rules first.

Important information: Cottage food laws vary by state and may change. This guide is provided for general educational purposes and is not legal advice. Always confirm current requirements with your state's official regulatory agency before selling homemade food.

Checked against official New Mexico sources on November 2, 2026: permit, online sales and shipping. Anything not marked as checked is our summary — check with the New Mexico Environment Department.

Fast facts

Permit
No permit; food handler card required (Homemade Food Act) (checked)
Annual sales cap
No limit (summary)
Online sales
Allowed (checked)
Shipping
Limited (checked)

What makes New Mexico different

  • Since July 1, 2021 the Homemade Food Act has replaced NMED's home-based food processor permit
  • Get a food handler card from an approved program before you start production
  • Online and mail sales are allowed within New Mexico; no sales to restaurants, wholesalers or out of state
  • The City of Albuquerque hasn't adopted the Act, so city residents can't use it

Where you can sell in New Mexico

  • Direct to consumer
  • Farmers markets
  • Festivals
  • Roadside stands
  • Online and mail within New Mexico

What you can and can't make

These lists describe what most cottage food laws allow and prohibit. They aren't New Mexico's official product list: check the New Mexico Environment Department for the foods New Mexico actually allows.

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

Most states require the elements below. New Mexico's exact list may differ, so confirm it with the New Mexico Environment Department.

  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

The New Mexico Environment Department administers cottage food rules in New Mexico. Their page is the authoritative, current version of everything summarized here.

Visit the New Mexico Environment Department

Sources we checked on November 2, 2026:

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Cottage food laws in other states