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Albuquerque, NM Home Business: Cottage Food Operations (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

Key Facts

Code Section
IDO 14-16-4-3(F)(10)(b)(2); NM Homemade Food Act, Ch. 25 NMSA 1978
Allowed
Catering meeting Homemade Food Act, no NMED permit needed
State Effective Date
July 1, 2021 (2021 HB 177)

Summary

Albuquerque generally prohibits food and beverage uses as home occupations, but the IDO carves out a catering service that meets the New Mexico Homemade Food Act and needs no NM Environment Department permit.

4-3(F)(10)(b) The following uses from Table 4-2-1 and activities are prohibited as home occupations: ... 2. Any use in the Food, Beverage, and Indoor Entertainment category, except a catering service that meets the requirements of the state Homemade Food Act and does not require a permit from the New Mexico Environment Department.

Source: NM Homemade Food Act NMSA 25-2-4View official code

Full Breakdown

Integrated Development Ordinance Subsection 14-16-4-3(F)(10)(b)(2) prohibits any use in the Food, Beverage, and Indoor Entertainment category as a home occupation, except a catering service that meets the requirements of the state Homemade Food Act and does not require a permit from the New Mexico Environment Department. The Homemade Food Act, enacted by 2021 House Bill 177 and codified in Chapter 25 NMSA 1978 (effective July 1, 2021), defines a homemade food item as a food item or non-alcoholic beverage produced at the private farm, ranch, or residence of a processor, and exempts the production and sale of such items from the Food Service Sanitation Act and the New Mexico Food Act when the items are non-potentially-hazardous and properly labeled and sold directly to consumers.

Operators relying on this exemption must still satisfy the Act's labeling, sanitation, and food-handler requirements. Note the IDO separately prohibits general home-based food production or brewing of beverages for sale that falls outside this homemade-food exemption.

Violations & Fines

Selling food from the home outside the Homemade Food Act exemption is a prohibited home-occupation use and a zoning violation; state food-safety violations are enforced by the NM Environment Department.

Frequently Asked Questions

Can I sell homemade food from my house in Albuquerque?
Only if it qualifies as a catering service meeting the New Mexico Homemade Food Act and does not require a NM Environment Department permit. General home-based food production for sale is otherwise prohibited as a home occupation under IDO 14-16-4-3(F)(10)(b).
What does the New Mexico Homemade Food Act cover?
It exempts non-potentially-hazardous homemade food items and non-alcoholic beverages made at a private residence from the Food Service Sanitation Act and NM Food Act when properly labeled and sold directly to consumers.

Sources & Official References

Other rules in Albuquerque

Customer Traffic RestrictionsSome RestrictionsSignage RulesHeavy RestrictionsZoning & Home Occupation PermitsSome RestrictionsParking Rules: Driveway RulesSome RestrictionsParking Rules: EV ChargingSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningSome RestrictionsAnimal Ordinances: Wildlife Rescue PermitsLight RestrictionsLandscaping Rules: Artificial TurfLight RestrictionsLandscaping Rules: Tree TrimmingSome Restrictions

All Albuquerque rules

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