Cottage Food Laws in New Mexico
permissiveComplete guide to cottage food and bakery regulations in New Mexico. Updated for 2026.
General information, not legal advice. Cottage food laws change frequently — verify with the official source before launching your business. Report an error. Last verified: August 2026.
| Annual Sales Limit | No statutory annual cap (Homemade Food Act, effective July 1, 2021) |
| License Required | No — No permit or registration with NMED required. Operators must hold a Food Handler Card from an approved program before producing food. |
| Kitchen Inspection | No kitchen inspection required. |
| Online Sales | Allowed — Online and mail-delivery sales permitted within New Mexico. Cannot sell to restaurants, wholesalers, distributors, or outside the state. |
Allowed Products
- Non-cream-filled baked goods (cakes, cookies, yeast breads, pies, pastries)
- Candy
- Jams and jellies
- Dry mixes
- Honey
Prohibited Products
- Foods requiring time/temperature control for safety (TCS)
- Alcohol-containing foods
- Alcoholic beverages
Labeling Requirements
- Name and address of the producer
- Name of the product
- Ingredients list
- Allergen statement
- "This product was produced in a home kitchen not inspected by NMED"
Where You Can Sell
- Farmers markets
- Festivals
- Roadside stands
- Direct from home
- Online (in-state)
- Mail delivery (in-state)
How New Mexico Compares
| State | Sales Limit | License | Online | Level |
|---|---|---|---|---|
| New Mexico | No statutory annual cap (Homemade Food Act, effective July 1, 2021) | No | Yes | permissive |
| Arizona | No annual sales cap | No | Yes | permissive |
| Colorado | Up to $10,000 net per product type — rising to $150,000 plus TCS foods on August 12, 2026 (HB26-1033, the Tamale Act) | No | Yes | permissive |
| Texas | $150,000 per year (SB 541, effective September 1, 2025) | No | Yes | permissive |
| Oklahoma | $75,000 per year — rising to $250,000 on November 1, 2026 (HB 3720, Local Food Freedom Act) | No | Yes | permissive |
Frequently Asked Questions
Do I need to register to sell cottage food in New Mexico?▾
No. New Mexico's Homemade Food Act requires no registration or permit — you only need a Food Handler Card from an approved program before producing food.
Can I sell cottage food at a flea market in New Mexico?▾
Yes, as long as you sell directly to consumers. Farmers markets, flea markets, and community events are permitted venues.
Official source: New Mexico Environment Dept. — HomeMade Food Act