New Mexico cottage food law: selling food from home
General information, not legal advice. Rules change, and counties add their own. Check with your state and county before you start selling.
"Cottage food" is the term most states use for food made in a home kitchen and sold directly to customers. What it covers, and whether your state uses the phrase at all, differs by state.
The short answer
Yes, with no permit. The Homemade Food Act took effect on 1 July 2021 and allows "low risk foods prepared at a private farm, ranch, or residence to be sold directly to the consumer without a permit". Environmental Health "will no longer issue Homebased Food Processor permits" — the old permit regime is gone.
One thing is required before you make anything: a food handler card. "A food handler card must be obtained before producing homemade food." After that New Mexico is generous about channels — farmers' markets, festivals, the internet, roadside stands, pickup or delivery from your home, and mail delivery — and strict about the boundary: direct to the end consumer, inside New Mexico only.
No permit — but get the card first
The Act replaced a permit scheme rather than sitting alongside one. Environmental Health no longer issues Homebased Food Processor permits, and in Albuquerque and Bernalillo County you need no permit from NMED, the county or the city to sell under the Act.
What you do need is a food handler card, obtained from an approved vendor before you produce homemade food. It is the one gating requirement, it is cheap, and it is the thing people skip because the headline says "no permit".
That puts New Mexico with Oregon, Indiana, Alabama and Connecticut — all of which want training or a card before you sell — rather than with Tennessee, Missouri, Ohio or Kansas, which require nothing at all. City of Albuquerque Environmental Health
What you can make
The Act covers non-TCS food: food that does not need time or temperature control for safety, and so does not have to be kept hot or cold. Examples given, and the list "is not exhaustive":
- Baked goods without refrigerated fillings or frostings
- Candy
- Popcorn
- Granola
- Dehydrated fruit
- Dry mixes
- Roasted coffee
- Whole fruits and vegetables
- Fruit jams and jellies
Prohibited, because they are TCS: meat, poultry, fish, dairy products, cut melons, caramel apples, hummus, juices, cider, and some refrigerated pies and cakes.
Two prohibitions worth pointing at, because other states disagree.
Salsa is out in New Mexico, which will surprise anybody who has lived there. It is excluded as a TCS food, and so are acidified foods generally — where Arkansas and Iowa both let you in if you can prove a pH of 4.6 or below. New Mexico does not offer that route.
Kombucha is out too, named explicitly. Several states are silent on it and leave you guessing; New Mexico simply lists it.
Where you may sell
Homemade food "must be sold directly to the end consumer within the state of New Mexico". Within that boundary the channels are broad:
- Annual limit
- None mentioned.
- Permit
- None. A food handler card is required instead.
- In person
- Farmers' markets, festivals, roadside stands, and your home for pickup.
- Online
- Yes — the internet is a named channel.
- Delivery and mail
- Yes, including mail delivery, inside the state.
- Restaurants, wholesalers, distributors
- No.
- Outside New Mexico
- No.
So New Mexico sits in a useful middle: more open than Minnesota, which makes you hand human food over in person, and more closed than Arkansas, which lets you ship across state lines if you satisfy federal law. If your customers are in New Mexico, almost every way of reaching them is open to you.
What has to be on the label
Every product carries your name, home address, phone number and email; the common name of the food; the ingredients in descending order of predominance, including sub-ingredients; and this statement:
This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.
Two details that differ from neighboring states. The email address is required, which is unusual — most states stop at a phone number. And sub-ingredients must be listed, so "chocolate chips" is not enough if the chips themselves contain milk and soy.
New Mexico also offers no alternative to your home address. Maryland, South Carolina, Oregon, Oklahoma and Arkansas all let a state-issued number stand in its place; New Mexico does not, and that is worth knowing before you sell to strangers.
Your kitchen: keep the pets and the children out
There is no inspection and no permit, but the Act expects basic sanitation: keep the kitchen sanitary, protect it from pests, and keep pets and children out of the kitchen during production.
That pet rule is the third different answer in this guide, and the comparison is genuinely useful.
- North Carolina excludes a home kitchen outright if a pet comes indoors at any time, even only at night.
- Oregon lets you keep your animals and requires the label to declare that pets live in the dwelling and name the species.
- New Mexico lets you keep them and simply requires them out of the room while you work.
Three states, three defensible rules, one question. If you move, do not carry your assumptions with you.
Local rules
The Act settles a question that used to be a real obstacle in New Mexico: Albuquerque had previously barred home food sales, and under the Act no permit is needed from NMED, Bernalillo County or the City of Albuquerque.
That does not make every local rule disappear. A city may still have business licensing or zoning of its own, and a farmers market may set stricter rules than the state for its own stalls. Ask locally before your first market day rather than on it.
Gross receipts tax
No permit is not no tax. New Mexico runs a gross receipts tax rather than a conventional sales tax, which catches people arriving from other states, and whether and how it applies to you belongs to the New Mexico Taxation and Revenue Department. We are not going to print a rate — the rate varies by location and changes.
Official sources
- New Mexico Homemade Food Act — permits, allowed and prohibited foods, labeling and sanitationCity of Albuquerque Environmental Health Department
- House Bill 177 (2021) — the Homemade Food Act as enactedNew Mexico Legislature
Last verified: 31 October 2026. Every number on this page is linked to the official page it comes from.
Questions people actually ask
Do I need a permit to sell food from home in New Mexico?
No. The Homemade Food Act, in effect since 1 July 2021, allows low risk foods prepared at a private farm, ranch or residence to be sold directly to the consumer without a permit, and Environmental Health no longer issues Homebased Food Processor permits. You do need a food handler card before you produce anything.
How much can I sell in a year in New Mexico?
No cap is mentioned in the sources we read. We are reporting an absence rather than a permission — if you are getting close to a scale where it would matter, ask the New Mexico Environment Department before assuming.
Do I really need a food handler card?
Yes, and it is the requirement people skip because the headline says no permit. A food handler card must be obtained before producing homemade food, from an approved vendor. It is the single gating step in New Mexico.
Can I sell online and post my products?
Yes, within New Mexico. The internet and mail delivery are both named channels, alongside farmers' markets, festivals, roadside stands and pickup or delivery from your home. The limit is the state line and the buyer: direct to the end consumer, inside New Mexico. Restaurants, wholesalers and distributors are out.
Can I sell salsa?
No. Salsa is excluded as a TCS food, and acidified foods are excluded generally. That surprises people, and it is a real difference from Arkansas and Iowa, which both let you sell acidified products if you can establish a pH of 4.6 or below. New Mexico does not offer that route. Kombucha is also named as prohibited.
Can I have pets at home?
Yes — you just have to keep them out of the kitchen during production, along with children. New Mexico is the most relaxed of the three approaches in this guide: North Carolina excludes a home kitchen entirely if a pet comes indoors at any time, and Oregon requires the label to declare that pets live in the dwelling and name the species.
What exactly goes on my label?
Your name, home address, phone number and email; the common name of the food; the ingredients in descending order of predominance, including sub-ingredients; and the statement "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens." The email requirement is unusual, and so is the sub-ingredient rule — "chocolate chips" is not enough if the chips contain milk and soy. There is no alternative to printing your home address.
Other states
- GeorgiaNo state license since July 2025 · no revenue cap
- TexasNo permit · $150,000 cap · you must deliver online orders yourself
- CaliforniaCounty registration · $88,878 or $177,756 in 2026
- FloridaNo permit · $250,000 cap · mail order allowed by statute
- New YorkFree exemption, up to 16 weeks to be reviewed · no revenue cap · in-state only
- IllinoisRegister locally · no sales cap · online sales and in-state shipping allowed
- North CarolinaHome Processor program · kitchen inspected before you sell · an indoor pet disqualifies the kitchen
- New Jersey$100 permit for 2 years · $50,000 cap · NJ residents only, nothing in the post
- PennsylvaniaLimited Food Establishment · $35 a year · inspected · internet sales included
- ArizonaNo sales cap · refrigerated foods allowed · Arizona only, and TCS goes hand to hand
- OhioNo license in the rules · no sales cap · a closed list of foods · Ohio only
- MichiganNo license · $50,000 published cap · online sales allowed if you meet the customer first
- VirginiaNo permit, no inspection, no fee · sell by phone or internet · Virginia only, no resale
- Washington$355 permit for 2 years · annual inspections · $35,000 cap · sell online, never ship
- MassachusettsPermit from your local board of health · internet and mail sales allowed · no state cap stated
- TennesseeNo license · no sales cap · refrigerated food allowed in person · Tennessee only
- Colorado$10,000 per product today · $150,000 and registration from 1 Jan 2027 · no license
- Maryland$100,000 cap since 1 Oct 2026 · no license · mail delivery and grocery stores allowed
- Minnesota$78,000 cap · free under $7,665 · hand it over in person · shipping comes in 2027
- WisconsinNo statewide exemption · baked goods legal by court order · no internet sales · candy is not allowed
- MissouriNo permit · no sales cap · only three kinds of food · Missouri-only online sales
- South CarolinaNo permit · no sales cap · online and mail order allowed · stores and restaurants possible
- IndianaTwo routes since 1 Jul 2026 · no license · shipping allowed in state · food handler card required
- Oregon$52,700 for 2026, indexed · no registration · online sales yes · your label names your pets
- LouisianaNo license · exemption ends at $100,000 · pickles allowed · parish tax certificate required
- Kentucky$60,000 cap · $50 registration, expires 31 March · two programs · inspection only on complaint
- AlabamaNo cap · no state permit · food safety course required · direct to customers only
- Oklahoma$250,000 from 1 Nov 2026 · no license · ship by parcel · stores may stock you
- UtahTwo routes · no cap on either · registration + inspection, or no paperwork at all
- NevadaRegister with your health authority today · $100,000 and state licensing from 1 Jul 2027
- ConnecticutLicense required · $50,000 cap · kitchen examined · zoning and a water test first
- IowaNo license · no cap stated · temporary food establishments only · home-canned allowed
- KansasNo license · no cap · no "not inspected" statement required · online and shipping allowed
- ArkansasNo license · no cap stated · mail order and online allowed · no meat, poultry or seafood
Tools
- Pricing calculator for home bakersWhat to charge, with your own numbers
- Price list templateFill it in, print it, hand it over — free, nothing saved
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