Cottage Food Operations: Albuquerque vs Tijeras
How do cottage food operations rules compare between Albuquerque, NM and Tijeras, NM?
Tijeras has fewer restrictions than Albuquerque.
Albuquerque, NM
Bernalillo County
Albuquerque residents can produce non-hazardous cottage foods under New Mexico's Homemade Food Act (NMSA 25-2-4) with up to $5,000 in annual sales before commercial licensing is required.
View full Albuquerque rules →Tijeras, NM
Bernalillo County
The NM Homemade Food Act NMSA §25-4-1 through §25-4-10 allows sale of non-potentially-hazardous homemade foods directly to consumers with no annual revenue cap. Bernalillo County and Albuquerque permit cottage food operations as home occupations without additional local licensing.
View full Tijeras rules →Key Facts Comparison
| Fact | Albuquerque | Tijeras |
|---|---|---|
| State Law | NMSA 25-2-4 Homemade Food Act | NMSA §25-4-1 (2021) |
| Sales Cap | $5,000 annual gross | - |
| Allowed Products | Non-TCS baked goods, jams, candies | - |
| Prohibited | Meat, dairy sauces, canned vegetables | - |
| Direct Sales Only | No interstate shipping | - |
| Revenue Cap | - | None |
| Sales | - | Direct + in-state online/mail |
| Labeling | - | Allergens + disclaimer |
| Local License | - | Not required beyond ABQ |
Highlighted rows indicate differences between cities.
Albuquerque FAQ
Can I sell cookies from my Albuquerque home?
Yes under the NM Homemade Food Act. Label with producer info, ingredients, allergens, and the home-kitchen disclaimer. Keep annual sales under $5,000 without additional licensing.
Can I ship my homemade jam to customers out of state?
No. The Homemade Food Act limits sales to in-state direct sales (farmers' markets, home pickup, local events). Interstate shipping requires FDA registration.
Tijeras FAQ
Can I sell homemade bread from my Albuquerque home?
Yes, under the NM Homemade Food Act directly to consumers at farmers markets, roadside, or online with in-state delivery. Proper labeling with allergens and the homemade disclaimer is required.
Is there a sales limit for cottage food in NM?
No. Unlike many states, NM's Homemade Food Act (NMSA §25-4-1) imposes no annual gross-revenue cap on qualifying shelf-stable products.
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