Why this matters
What New Mexico actually allows — and what it doesn't.
NMSA 1978, §§ 25-12-1 through 25-12-5 (Homemade Food Act, HB 177, effective July 1, 2021)
Revolutionary 2021 Reform:
Replaced "most convoluted cottage food law in the country" with one of most permissive
State preemption prevents cities/counties from prohibiting or imposing additional regulations
Annual revenue cap
New Mexico sets no cap on cottage food revenue.
Annual gross cap
Unlimited
Required label language
Every package carries a statutory disclaimer.
The disclaimer below must appear on every package, in the exact casing the statute specifies:
Required on every label
This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.
— NMSA 1978, §§ 25-12-1 through 25-12-5 (Homemade Food Act, HB 177, eff. July 1, 2021)
Sales channels
Where you can sell in New Mexico — and where you can't.
Online ordering
YesYesShipping
YesYesSeller delivery
YesYesThird-party delivery (DoorDash, Uber Eats)
ConditionalConditionalInterstate sales
NoNoWholesale to retail stores
NoNoRegistration & permits
New Mexico does not require state registration.
- Registration
Not required
- Labeling standard
Standard
- Inspection
None
- Food safety certification
Required
Type: ansi accredited
- Address privacy
Not available
Food categories
What usually sits outside this cottage food lane.
- Tcs
- Meat
- Poultry
- Fish
- Shellfish
- Dairy
- Eggs
- Cut Produce
- Salsa
- Beverages
- Acidified Foods
- Fermented Foods
- Cannabis Cbd
- Alcohol
How to start
Steps to a legal first sale in New Mexico.
Confirm your products qualify
Compare your menu against New Mexico's cottage food lane. Temperature-controlled, meat, seafood, and low-acid canned items often require a different path; check the state-specific food categories above.
Complete food safety certification
New Mexico requires food safety training before you can sell cottage food. Type: ansi accredited.
Label every product correctly
Every label must include your name (or registered ID), product name, ingredients, allergens, and the statute-required disclaimer verbatim.
Start taking orders
New Mexico allows online orders, in-state shipping, seller delivery. Route orders through your own channels.
Frequently asked
New Mexico cottage food — your questions answered.
Do I need to register with New Mexico to sell cottage food?
No. Under the Homemade Food Act (HB 177, effective July 1, 2021, NMSA 1978 §§ 25-12-1 through 25-12-5), no registration or permit is required to sell cottage food. You DO need an ANAB-accredited food handler certification ($15–$25, 2–4 hours online). A voluntary inspection program exists for sellers who want it.
Is there a revenue cap?
No. New Mexico imposes no cap on cottage food sales. Local governments are also preempted from adding their own caps or regulations — the state law overrode Albuquerque's prior complete prohibition on cottage food when HB 177 took effect.
Can I sell fermented foods like sauerkraut or kimchi?
Yes — New Mexico is one of the few states that explicitly allows fermented foods in cottage food. Kimchi, sauerkraut, and non-alcoholic kombucha are permitted. Properly acidified pickles, chutneys, and relishes are also allowed. Dried pasta, cereal mixes, coffee beans, and tea are also on the allowed list.
Can I sell online and ship?
Yes. New Mexico is one of the more permissive states on sales channels. Online sales are explicitly allowed. In-state mail delivery is allowed (USPS, FedEx, UPS). You can also deliver personally or do home pickup. Out-of-state shipping is legal under NM law but you must comply with the destination state's rules. Direct-to-consumer only; no wholesale to restaurants or stores.
What's prohibited?
TCS foods — meat and poultry including jerky, seafood, dairy, eggs as a standalone, cut produce. Also: salsa, juices, kombucha with alcohol, apple cider, acidified vegetables, alcohol, and cannabis/CBD/hemp products.
New Mexico cottage food laws: what is the short version?
New Mexico does not require state registration for the cottage food lane. There is no state revenue cap in the current data. New Mexico allows online orders, in-state shipping, seller delivery for cottage food sellers in the current data.
Do I need a cottage food license in New Mexico?
Not for the cottage food lane in the current data. New Mexico may still have label, food-category, local zoning, or other business rules, so check the official source before you sell.
What foods can I sell from home in New Mexico?
New Mexico's cottage food lane is mainly for foods that do not need time or temperature control for safety. Common no-go categories include tcs, meat, poultry, fish, shellfish.