New Mexico cottage food laws

The New Mexico Homemade Food Act, NMSA 25-2D, was enacted in 2021 and replaced the prior cottage food rules that limited sales to farmers markets only. The Act is administered by the New Mexico Environment Department (NMED) Food Program. It exempts producers of non-potentially-hazardous foods from the food establishment permit requirement when products are made at a private home, farm, or ranch and sold directly to consumers in New Mexico.

There is no permit, no fee, no inspection, no required training, and no annual sales cap. The Act explicitly preempts local rules that would impose extra cottage food permits, although local zoning, business registration, and event rules still apply.

Sales channels are broad. Producers can sell from home, at farmers markets, at fairs and festivals, online with in-state delivery, or by mail or carrier within New Mexico. Out-of-state shipping is not authorized under the Act because it crosses into federally regulated interstate commerce.

Sales must be direct to the end consumer. Sales to grocery stores, restaurants, or other retailers for resale are not authorized. The City of Albuquerque, Bernalillo County, and several other local jurisdictions publish helpful one-pagers that interpret the Act for local producers.

New Mexico does not impose any annual sales cap on Homemade Food Act producers. The Act removed the prior cottage food limits.

New Mexico does not require state food safety training for Homemade Food Act producers. NMED publishes a fact sheet with safe-handling guidance, and the New Mexico Farmers Marketing Association offers training resources for vendors. Some farmers markets may ask for a food handler card on their own.

There is no state registration step under the Homemade Food Act. You do not file paperwork with NMED, do not pay a fee, and do not receive a permit number. Local rules around business registration, zoning, and sales tax still apply.