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Cottage food laws

New Mexico Cottage Food Law

Can you sell homemade food from your home kitchen in New Mexico? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Homemade Food / Cottage Food
Annual sales cap
No cap
Where you can sell
Direct/in-personFarmers marketsRoadside standsHome pickupOnline with mail delivery (in-state)
Registration / to start
No NMED permit for allowed low-risk items; food-safety training may be required for some categories
Allowed foods
Non-TCS shelf-stable foods: baked goods, jams/jellies, fermented foods, dried goods
Not allowed
TCS/refrigerated foods on NMED's prohibited list; interstate sales
When you need a commercial / commissary kitchen
Selling foods on the prohibited list, wholesale, or interstate requires a licensed kitchen
Administered by
New Mexico Environment Department (NMED) Food Program · N.M. homemade food rule (eff. July 1, 2021)

Source: New Mexico Environment Department (NMED) Food Program. Cottage food laws change often — confirm current rules before selling.

Good to know

Effective July 1, 2021; no revenue cap; online sales with mail delivery (in-state) allowed. NMED publishes the list of foods that cannot be sold.

Outgrowing cottage food? When you need a licensed kitchen, see New Mexico food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in New Mexico?
Yes. New Mexico has a cottage food framework (Homemade Food / Cottage Food) that lets individuals make and sell certain non-hazardous foods from a home kitchen. There is no sales cap. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by New Mexico Environment Department (NMED) Food Program.
What foods can I sell under New Mexico's cottage food law?
Non-TCS shelf-stable foods: baked goods, jams/jellies, fermented foods, dried goods Not allowed: TCS/refrigerated foods on NMED's prohibited list; interstate sales
When do I need a commercial or commissary kitchen in New Mexico?
Selling foods on the prohibited list, wholesale, or interstate requires a licensed kitchen At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in New Mexico?
No NMED permit for allowed low-risk items; food-safety training may be required for some categories

Food-business permits in New Mexico's biggest counties

Local food-permit cost, plan review and the health-department contact for the counties people look up most.

Bernalillo County
Santa Fe County
San Juan County
Taos County
← All states
Published by Resultex Media Group LLC · Independent & vendor-neutral · Educational only, not legal or engineering advice · Last verified October 2026