New Mexico Statewide Rule
New Mexico Homemade Food Act Cottage Food Rules
Key Facts
- Statute
- NMSA 25-12-1 to 25-12-5
- Permit
- No permit or registration required
- Allowed foods
- Shelf-stable, non-temperature-controlled items
- Sales cap
- No annual dollar cap
- Regulator
- NM Environment Department
Summary
New Mexico's Homemade Food Act (NMSA 25-12-1 to 25-12-5) lets home producers sell low-risk, shelf-stable foods directly to consumers without a permit or state registration. Products must be labeled, and the Environment Department enforces after a written warning.
The production and sale of homemade food items shall be regulated pursuant to the provisions of the Homemade Food Act and are exempt from other requirements pursuant to the Food Service Sanitation Act [Chapter 25, Article 1 NMSA 1978 ] and the New Mexico Food Act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978]; provided that: (1) the food items are not-time-and-temperature-control food items; (2) the seller sells directly to consumers within the state, including at farmers' markets, at festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail delivery; (3) the seller completes a food handler certification course approved by the department; (4) the seller maintains a sanitary kitchen, practices good hygiene, protects the kitchen from rodents and pests and keeps pets and children out of the kitchen while producing food; (5) if the seller transports food items pursuant to the Homemade Food Act, the seller ensures that the food is transported in a sanitary manner and is protected from pets, children and other hazards; and (6) the seller labels or otherwise provides to the consumer the information required by Subsection C of this section. B. A seller shall provide to the consumer the information required by Subsection C of this section in the following manner:
Full Breakdown
The Homemade Food Act, NMSA 1978 Sections 25-12-1 to 25-12-5, allows a processor to make non-time/temperature-controlled foods, such as baked goods, jams, candies, and dried herbs, at a private home, farm, or ranch and sell them directly to consumers without a permit from the New Mexico Environment Department. Sales may occur at farmers markets, roadside stands, the home, and by direct delivery within New Mexico; interstate shipping and wholesale to retailers are not covered. Each item must be labeled with the producer's name, the product and ingredients, and a statement that it is homemade and not inspected. The Act sets no annual sales dollar cap.
Violations & Penalties
The Environment Department must issue a written warning before penalties; it may then investigate a suspected foodborne illness and stop the sale of contaminated or mislabeled homemade food.
Frequently Asked Questions
Do I need a commercial kitchen or permit for cottage food in New Mexico?
Can I ship cottage foods out of state?
Sources
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