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.
New Mexico's Homemade Food Act (NMSA 25-2-4) allows residents to produce and sell cottage foods from home kitchens without commercial inspection, subject to labeling and sales venue rules. Allowed products include baked goods, jams/jellies, honey, candies, dry mixes, and similar non-time-temperature-control-for-safety (non-TCS) foods. Labels must include producer name, address, product name, ingredients, allergens, and a statement that the food was made in a home kitchen not inspected by the state. Direct sales are allowed at farmers' markets, from the home, and at community events. Online sales are allowed only for customer pickup in-state (no interstate shipping). Meat products, dairy-based sauces, and canned vegetables are excluded. Once annual gross sales exceed $5,000, NMED food establishment licensing applies.
Operating above the $5,000 cap without licensing is an NMED violation carrying $500-$2,500 fines. Mislabeling triggers warning and required correction. Prohibited product categories trigger immediate cease-and-desist.
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