New Mexico Cottage Food Law
A complete guide to cottage food regulations in New Mexico (NM) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Required
- Business License
- Not required
- State Registration
- Not required — New Mexico Environment Department (NMED) — voluntary permit system available; Bernalillo County/Albuquerque operate a separate mandatory or voluntary permit system within their jurisdiction
Where You Can Sell
- Farmers' markets
- Festivals
- Internet
- Roadside stands
- Seller's home for pick-up or delivery
- Mail delivery
Allowed Products
- Non-TCS foods, as held in FDA regulations
Prohibited Products
- TCS foods as regulated by the FDA
Labeling Requirements
The following information must appear on every cottage food product label sold in New Mexico:
Required Disclaimer
This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.
Additional Notes
No annual revenue cap is stated in the law. The Act (HB 177, effective July 1, 2021) exempts sellers from NMED permitting statewide; however, Bernalillo County and the City of Albuquerque have their own food safety programs and may operate a mandatory or voluntary permit system within their jurisdictions. NMED's voluntary permit system is available statewide (outside Bernalillo/Albuquerque). Labeling information may be provided on a package label, bulk container label, point-of-sale placard, or webpage; for telephone/custom orders a label is not required but the seller must verbally disclose the exemption and potential allergens. Ingredients must be listed in descending order of predominance. The allowed and prohibited product lists are explicitly stated as non-exhaustive examples. CBD/hemp food products require a separate commercial hemp manufacturing facility permit from NMED. Sales are restricted to within the state of New Mexico; out-of-state sales are not permitted. Homemade foods may not be sold to restaurants, wholesalers, or distributors. NMED-permitted food facilities may not use homemade foods as ingredients.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in New Mexico?
- New Mexico does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in New Mexico?
- Yes. New Mexico requires cottage food producers to hold a valid food handler certification.
- Is a business license required for cottage food sales in New Mexico?
- No. New Mexico does not require a business license to operate a cottage food business.
- Does New Mexico require cottage food producers to register with the state?
- No. New Mexico does not require cottage food producers to register with a state agency.
- Where can I legally sell cottage food products in New Mexico?
- In New Mexico, cottage food products may be sold at: Farmers' markets, Festivals, Internet, Roadside stands, Seller's home for pick-up or delivery, Mail delivery.
- What allergen labeling standard applies to cottage food in New Mexico?
- New Mexico follows the CUSTOM for cottage food labeling.
- What products are allowed under New Mexico cottage food law?
- The following product categories are permitted for cottage food production in New Mexico: Non-TCS foods, as held in FDA regulations.
- What products are prohibited under New Mexico cottage food law?
- The following products may not be sold under New Mexico's cottage food exemption: TCS foods as regulated by the FDA.