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NMSA 1978, §§ 25-12-1 through 25-12-5 (Homemade Food Act, HB 177, eff. July 1, 2021)High confidence

Cottage food law · New Mexico

New MexicoCottage Food Law

New Mexico cottage food law — what actually applies when you sell from home.

Here's what New Mexico allows under current cottage food rules: what you can sell, what you can't, and how to start legally.

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

NMSA 1978, §§ 25-12-1 through 25-12-5 (Homemade Food Act, HB 177, eff. July 1, 2021)

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

YesYes

Shipping

YesYes

Seller delivery

YesYes

Third-party delivery (DoorDash, Uber Eats)

ConditionalConditional

Interstate sales

NoNo

Wholesale to retail stores

NoNo

Registration & 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

Prohibited categories

What you can't sell under cottage food rules.

  • 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.

  1. Confirm your products qualify

    Verify your menu fits New Mexico's cottage food rules. Most states restrict temperature-controlled, meat, seafood, and low-acid canned items; check the prohibited-foods list above.

  2. Complete food safety certification

    New Mexico requires food safety training before you can sell cottage food. Type: ansi accredited.

  3. Label every product correctly

    Every label must include your name (or registered ID), product name, ingredients, allergens, and the statute-required disclaimer verbatim.

  4. Start taking orders

    New Mexico allows online orders, in-state shipping, seller delivery. Route orders through your own channels.

About VibeKitchen

The storefront tool this guide comes from.

VibeKitchen is a storefront and order-management tool for home food sellers — your own ordering page, your own checkout, your own customers. We’re the reason this guide exists: we had to research every state’s cottage food rules to build the product, and we’re publishing what we learned.