Is Cottage Food Legal in New Mexico? (2026)
Yes. In New Mexico, cottage food is legal. New Mexico'sHomemade Food Act allows individuals to produce and sell certain non-potentially hazardous foods from their homes without needing a commercial food establishment license..
Key facts
- Status
- Legal
- Permit required
- No
- Jurisdiction
- New Mexico
- Last reviewed
- 2026-02-26
Cottage Food laws in New Mexico
The New Mexico Homemade Food Act (NMSA 1978, Section 25-1-26, also known as the New Mexico Food Freedom Act) permits individuals to sell 'homemade food' directly to informed end consumers. This includes foods prepared in a home kitchen that are non-potentially hazardous, meaning they do not require temperature control for safety. The law exempts these homemade food operations from the licensing, permitting, certification, inspection, or other requirements of the Department of Health, the Department of Environment's food program, or local governments, provided the sales meet specific criteria. To qualify, homemade food must be sold directly to the informed end consumer and must be non-potentially hazardous. There are no sales caps or restrictions on where these foods can be sold, meaning they can be sold from home, at farmers' markets, roadside stands, and other direct-to-consumer venues. The law requires a clear disclosure to the consumer that the food is homemade and not subject to state food safety inspection requirements. While the law is quite broad, it's crucial to understand what constitutes 'non-potentially hazardous' food. This typically includes baked goods, jams, jellies, candies, dried fruits, and other foods that are shelf-stable at room temperature. Foods requiring refrigeration are generally excluded. Additionally, the Act pertains specifically to food products and does not extend to other homemade items.
Frequently asked questions
Is cottage food legal in New Mexico for travelers?
For travelers visiting New Mexico, cottage food is currently legal. The New Mexico Homemade Food Act (NMSA 1978, Section 25-1-26, also known as the New Mexico Food Freedom Act) permits individuals to sell 'homemade food' directly to informed end consumers. This includes foods prepared in a home kitchen that are non-potentially hazardous, meaning they do not require temperature control for safety. The law exempts these homemade food operations from the licensing, permitting, certification, inspection, or other requirements of the Department of Health, the Department of Environment's food program, or local governments, provided the sales meet specific criteria. To qualify, homemade food must be sold directly to the informed end consumer and must be non-potentially hazardous. There are no sales caps or restrictions on where these foods can be sold, meaning they can be sold from home, at farmers' markets, roadside stands, and other direct-to-consumer venues. The law requires a clear disclosure to the consumer that the food is homemade and not subject to state food safety inspection requirements. While the law is quite broad, it's crucial to understand what constitutes 'non-potentially hazardous' food. This typically includes baked goods, jams, jellies, candies, dried fruits, and other foods that are shelf-stable at room temperature. Foods requiring refrigeration are generally excluded. Additionally, the Act pertains specifically to food products and does not extend to other homemade items.
Do I need a permit for cottage food in New Mexico?
New Mexico does not specifically require a permit for cottage food, though general regulations apply.
Can I transport cottage food through New Mexico?
Transport laws for cottage food in New Mexico depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for cottage food violations in New Mexico?
Penalties for cottage food violations in New Mexico vary based on the specific offense. Always verify current laws before traveling.