Rio Rancho has no separate cottage food ordinance; homemade food sales are governed by the New Mexico Homemade Food Act, effective July 1, 2021. The state lets producers sell low-risk foods made at home directly to consumers without an NMED permit, though a food handler certification and proper labeling are required, and a city home occupation permit still applies.
Selling homemade food from a Rio Rancho residence is primarily a matter of New Mexico state law, not a city-specific cottage food code. The New Mexico Homemade Food Act, which took effect July 1, 2021, allows individuals to prepare certain low-risk foods at a private farm, ranch, or residence and sell them directly to consumers without obtaining a permit from the New Mexico Environment Department (NMED). Covered processes include baking, cooking, dehydrating, drying, fermenting, mixing, and preserving, generally covering baked goods, most candy, dry goods, jams and jellies, granola, and nonalcoholic beverages. Producers may sell directly to consumers, including online and over the phone, with mail delivery, in-person delivery, home pickup, and at farmers' markets, festivals, and roadside stands. State labeling rules require each product to carry the producer's contact information, ingredients, and a disclaimer that the food is homemade and exempt from state licensing and inspection. A food handler certification is required. Separately, because the food is sold from a home, Rio Rancho's home occupation rules in Chapter 121 still apply, including business registration with the City Clerk; note that Chapter 121 prohibits 'restaurants' as a home occupation, so the homemade-food allowance covers packaged direct sales rather than a sit-down food operation. Confirm any local business-license requirement with the city, since the Act allows local governments to require a license.
Selling foods outside the Act's low-risk categories, omitting required labeling/disclaimers, or lacking food handler certification can violate state law. Operating the home-based sales without the required city home occupation permit and business registration violates Chapter 121.
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See how Rio Rancho's cottage food operations rules stack up against other locations.
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