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.
New Mexico enacted the Homemade Food Act (NMSA §25-4-1 et seq.), effective 2021, one of the broader cottage food laws nationally. It authorizes production and sale of non-potentially-hazardous (shelf-stable) homemade foods directly to consumers at farmers markets, roadside stands, by mail within NM, and online with in-state delivery. Permitted products include baked goods, jams and jellies meeting pH requirements, dried herbs, honey, granola, candies, and most shelf-stable items. Refrigerated items, meat products, and low-acid canned goods remain prohibited. Products must be labeled with the producer's name and address, ingredient list with major allergens in bold, net weight, and the statement 'This product is homemade and is not subject to state inspection.' NM law does not impose a gross-revenue cap. Albuquerque and Bernalillo County treat cottage-food operations as permitted home occupations under their zoning codes (ABQ IDO §14-16-4-2 Home Occupation, County ZO §42-2-5) with no separate business license beyond the standard municipal business registration.
Selling prohibited potentially hazardous foods: NM Environment Department cease-and-desist plus possible misdemeanor. Mislabeling: warnings escalating to $100-$500 fines. Zoning violations (external signage, employees, customer traffic) can trigger home-occupation revocation.
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