warebythe new mexico cottage food law, in plain english
what you can sell from your home kitchen in new mexico, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, you can sell homemade food in new mexico without a permit under the homemade food act. get a food handler card first, keep a clean kitchen, and label everything with the state’s required statement. you can sell shelf-stable foods like cookies, breads, candy and fruit jams straight to customers in new mexico: at home, at markets, online, by delivery or by mail, with no sales cap. foods that need refrigeration, like cheesecake or cream pies, aren’t allowed, and you can’t sell to stores or restaurants.
new mexico cottage food rules at a glance
| the law | new mexico homemade food act (new mexico homemade food act, nmsa 1978, sections 25-12-1 to 25-12-5 (2021 house bill 177)) |
|---|---|
| who runs it | new mexico environment department (nmed), food program |
| registration | no no state registration |
| kitchen inspection | no |
| training | yesa food handler card from an nmed-approved program, before you start making food |
| yearly sales cap | no sales cap |
| selling from your home | yes |
| selling at farmers markets and events | yesfarmers markets, festivals and roadside stands; private markets can still choose not to let you sell |
| selling online orders | yessell online to people in new mexico, and show the label information on the web page |
| selling delivering it yourself | yesthe law allows delivery but doesn’t say who has to do it |
| selling shipping within the state | yesmail delivery inside new mexico is allowed |
| selling shipping to other states | no |
| selling to stores, cafes and restaurants | nono sales to restaurants, stores, wholesalers or distributors |
what can you sell from home in new mexico?
you can sell
- cakes, cookies, breads, pies and pastries that don’t need refrigeration
- candy
- popcorn and chocolate-covered pretzels
- dried fruit
- granola and dry mixes
- roasted coffee
- high-sugar fruit jams and jellies
you can’t sell
- meat and jerky
- salsa, pickles and other canned or acidified foods
- pepper jelly and other vegetable jams
- cream, custard, pumpkin or meringue pies, cheesecake and cream cheese frosting
- caramel apples and cut fruit
- foods with cbd or hemp
- juice, kombucha and cider
these are examples, not the full list. check the new mexico environment department (nmed), food program before you sell something new.
how do you start a cottage food business in new mexico?
- no state registration. new mexico doesn’t ask cottage food sellers to register with the state. check your city or county for local rules, like zoning or a business license.
- take the training: a food handler card from an nmed-approved program, before you start making food.
- label everything the way the law asks (below).
- start selling in the ways new mexico allows, and keep track of your sales if there’s a cap.
where and how can you sell in new mexico?
| from your home | yes |
|---|---|
| at farmers markets and events | yesfarmers markets, festivals and roadside stands; private markets can still choose not to let you sell |
| online orders | yessell online to people in new mexico, and show the label information on the web page |
| delivering it yourself | yesthe law allows delivery but doesn’t say who has to do it |
| shipping within the state | yesmail delivery inside new mexico is allowed |
| shipping to other states | no |
| to stores, cafes and restaurants | nono sales to restaurants, stores, wholesalers or distributors |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in new mexico?
“This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.”
the statement new mexico requires on your label
the label also needs:
- your name, home address, phone number and email
- the food’s common name
- ingredients from most to least, including sub-ingredients
what’s changed in new mexico, and what’s coming?
| when | what |
|---|---|
| july 1, 2021 | the homemade food act took effect: no permit needed for shelf-stable foods, and nmed stopped issuing home-based food processor permits |
what else should you know in new mexico?
- for unpackaged food at a table, you can put the label information on a sign instead; for phone or custom orders, tell the buyer the food is homemade.
- albuquerque and bernalillo county run their own food programs; albuquerque says you don’t need a permit there either.
- the act doesn’t exempt you from business registration or taxes, so check with the new mexico taxation and revenue department about gross receipts tax.
- keep pets and children out of the kitchen while you work, and don’t carry food in a part of your car used for animals.
questions people ask
do i need a license to sell baked goods from home in new mexico?
no state registration is needed for cottage food in new mexico. check your city or county for local rules, like zoning or a business license.
can i sell cottage food online in new mexico?
yes. sell online to people in new mexico, and show the label information on the web page.
can i ship cottage food in new mexico?
yes, within new mexico: mail delivery inside new mexico is allowed. you can’t ship to other states.
how much can i sell from home in new mexico?
there’s no yearly sales cap.
can i sell to stores or coffee shops in new mexico?
no. no sales to restaurants, stores, wholesalers or distributors.
what can’t i sell from home in new mexico?
the usual no’s: meat and jerky, salsa, pickles and other canned or acidified foods, pepper jelly and other vegetable jams, cream, custard, pumpkin or meringue pies, cheesecake and cream cheese frosting, caramel apples and cut fruit. check with the new mexico environment department (nmed), food program before you sell something new.
sources
- new mexico environment department: homemade food act
- new mexico environment department: homemade food act faq
- new mexico legislature: house bill 177 (2021), final version
- new mexico legislature: house bill 177, committee substitute text
- city of albuquerque: new mexico homemade food act
- findlaw: nmsa section 25-12-4
this is general information to help you get started, not legal advice. we checked it against new mexico’s own pages on october 14, 2026, and laws change, so confirm with the new mexico environment department (nmed), food program (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story