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
NoNoLicense, permit & registration
New Mexico does not require state registration.
Do you need a cottage food license or permit in New Mexico? For basic cottage foods, New Mexico does not require a separate license or permit — but other rules can still apply.
- Registration
Not required
- Labeling standard
Standard
- Inspection
None
- Food safety certification
Required
Type: ansi accredited
- Address privacy
Not available
Food categories
Foods the basic cottage food rules usually do not cover.
- 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 rules. 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 you need a license to sell food in New Mexico?
No. New Mexico's Homemade Food Act (HB 177, NMSA 25-12) lets you sell shelf-stable homemade foods directly with no license and no revenue cap, including online and shipped in-state. Temperature-controlled foods are excluded.
Can I bake cookies at home and sell them in New Mexico?
Yes. Cookies and other baked goods are squarely within the Homemade Food Act — no license needed, no revenue cap. You just follow the labeling rules and keep to allowed, shelf-stable items.
Do I need any training or certification to sell homemade food in New Mexico?
No license or permit, but the Homemade Food Act does require an ANAB-accredited food handler certification, which typically costs about $15–25 and takes two to four hours. There is no home inspection unless you opt into the voluntary program.
Can I sell fermented foods like kimchi or kombucha in New Mexico?
Yes — New Mexico is unusually broad here, allowing shelf-stable fermented foods such as kimchi, sauerkraut, and non-alcoholic kombucha, plus properly acidified pickles, chutneys, and relishes. Meat and poultry (including jerky), seafood, dairy, salsa, and alcoholic or CBD beverages stay off-limits.
New Mexico cottage food laws: what is the short version?
New Mexico does not require state registration for basic cottage food sales. The cited state sources do not list a revenue cap. New Mexico allows online orders, in-state shipping, seller delivery for cottage food sellers.
Do I need a cottage food license or permit in New Mexico?
Not for the basic cottage food path, based on the state sources cited on this page. 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 rules mainly cover foods that do not need time or temperature control for safety. Common no-go categories include tcs, meat, poultry, fish, shellfish.