Cottage Food Laws in New Mexico

New Mexico has no statewide sales cap for cottage food producers, who must hold a food handler card to sell directly to consumers.

Overview

New Mexico has no statewide sales cap for cottage food producers, who must hold a food handler card to sell directly to consumers.

Last verified: July 30, 2026 Official source: New Mexico Environment Department ↗

What Foods Can I Sell?

Allowed

  • Cookies, brownies, and bars
  • Cakes and cupcakes (no cream, custard, or perishable fillings)
  • Quick breads and yeast breads
  • Pies and pastries (fruit-based, not cream or custard)
  • Candy, fudge, and confections
  • Granola, cereals, and dry snack mixes
  • Dry baking mixes and dry herb/spice blends
  • Jams, jellies, and fruit butters
  • Honey and roasted coffee or dry tea

Not Allowed

  • Foods that require refrigeration to be safe (cream pies, cheesecakes, custards)
  • Meat, poultry, or seafood products
  • Most dairy products, including soft cheeses
  • Canned low-acid vegetables
  • Alcohol-infused products
  • Any food that needs time/temperature control for safety (TCS foods)

Where Can I Sell?

✓ Direct to Consumers
✓ Farmers Markets
✓ Online Orders
✓ Pickup
✓ Delivery
✓ Events

Revenue Limits

Annual Sales Limit
No statewide sales limit

Permits and Licensing

Required Permits

Registration with the Environment Department is generally required.

Food Handler Requirements

A New Mexico food handler card is required.

Business License

A local business license may be required.

Kitchen Inspection

Not typically required for cottage food operations.

Labeling Requirements

  1. Product name
  2. Ingredient list, in descending order by weight
  3. Business name and address
  4. Net weight
  5. Required disclosure statement: "Made in a home kitchen that has not been inspected by the NM Environment Department."

Not legal advice — label wording and requirements can change. Do your own research with New Mexico Environment Department before printing labels.

Starting Your Bakery Checklist

Legal disclaimer: This information is provided for educational purposes only and should not be considered legal advice. Cottage food laws change frequently. Always verify requirements with your state's official government resources.

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Frequently Asked Questions

Can I sell baked goods from home in New Mexico?

Yes. New Mexico allows home bakers to sell approved homemade goods directly to consumers under its cottage food rules. New Mexico has no statewide sales cap for cottage food producers, who must hold a food handler card to sell directly to consumers.

What foods can I sell under cottage food laws in New Mexico?

Typically allowed items include Cookies, brownies, and bars, Cakes and cupcakes (no cream, custard, or perishable fillings), Quick breads and yeast breads, Pies and pastries (fruit-based, not cream or custard), Candy, fudge, and confections, and similar non-perishable homemade goods. Foods that require refrigeration, such as cream pies and cheesecakes, are generally not allowed. Always confirm the current list with New Mexico Environment Department.

Do I need a permit to sell homemade cakes in New Mexico?

Registration with the Environment Department is generally required.

How much can a home bakery make in New Mexico?

New Mexico's cottage food annual sales limit is: No statewide sales limit.

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