New Mexico Cottage Food Operations (2026)

Key Facts

Statute: NMSA Chapter 25 Art. 16
Allowed foods: Shelf-stable items only
Regulator: NM Environment Department
Sales: Direct to consumer

Source: NMSA 1978 § 25-12-3 - Homemade food items; licensing, permitting, inspection and labeling exemptions

Full Breakdown

The Homemade Food Act, codified in NMSA Chapter 25, Article 16, permits home-based producers to sell shelf-stable items like baked goods, jams, candies, and dried herbs directly to consumers. Sales channels include farmers markets, roadside stands, and direct delivery; producers must register with the New Mexico Environment Department and follow food-safety training requirements. Labels must list the producer's name and address, ingredients, allergens, and a statement that the food is home-produced and not subject to state inspection. Annual gross sales are capped, and producers may not ship interstate or sell to retail establishments.

Violations & Penalties

Operating without registration, mislabeling, or selling prohibited foods may trigger NMED enforcement, civil penalties, and order to cease sales.

Frequently Asked Questions

Do I need a commercial kitchen for cottage food in New Mexico?

No. The Homemade Food Act lets you produce approved shelf-stable items in your home kitchen, provided you register and label products correctly.

Can I ship cottage foods out of state?

No. Sales must occur within New Mexico and directly to the end consumer; interstate shipping and wholesale to retailers are prohibited.

New Mexico Homemade Food Act Cottage Food Rules