Cottage Food Law Map › State guides › New Mexico

Home food business guide · Last reviewed October 2026

Cottage Food Laws in New Mexico

New Mexico doesn't state a sales cap in its guidance. Getting started: No permit; food handler card. Foods that need refrigeration have to be made in a commercial kitchen. Of the 40 common products in our finder, 11 can be made in a home kitchen in New Mexico, many with conditions.

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Quick facts

Sales cap
No cap stated
Permit or registration
No permit; food handler card
Online & shipping
Online, delivery, and mail within New Mexico
Sell through stores
No stores, restaurants, or wholesale
Refrigerated & TCS foods
No

Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.

Check a product in the interactive mapPrint a one-page handout

New Mexico ranks 35th of 51 in our Cottage Food State Rankings, with a score of 52 out of 100.

To see how many items you can sell before the cap, try the pricing and sales cap calculator. When you're ready to grow, read Outgrowing cottage food.

What can you make at home in New Mexico?

How 40 common products are treated in New Mexico, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.

Allowed from a home kitchen

Needs a commercial kitchen

Needs a canning license

Regulated separately

  • Beef jerky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Meat products need USDA or state meat inspection, regardless of kitchen.
  • Cheese & yogurt. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Dairy products are licensed separately, through the state's dairy program.
  • Cold-pressed juice. Juice is excluded.

Ask the agency first

  • Cake with buttercream. Allowed only if it doesn't need refrigeration.
  • Macarons. Not clearly addressed in the state's guidance; ask the agency.
  • Fruit tamales. Not clearly addressed in the state's guidance; ask the agency.
  • Loose-leaf tea blends. Not clearly addressed in the state's guidance; ask the agency.
  • Marshmallows. Not clearly addressed in the state's guidance; ask the agency.
  • Nut butter. Not clearly addressed in the state's guidance; ask the agency.
  • Pure honey. Not clearly addressed in the state's guidance; ask the agency.
  • Infused honey. Not clearly addressed in the state's guidance; ask the agency.
  • Fruit-infused vinegar. Not clearly addressed in the state's guidance; ask the agency.
  • Mustard (no egg). Not clearly addressed in the state's guidance; ask the agency.

How to start selling from home

  1. Check that the product doesn't need refrigeration and isn't excluded (acidified, pickled, canned vegetables, alcohol, CBD, and others).
  2. Get a food handler card from an approved program before you start.
  3. No NMED permit is needed.
  4. Sell directly to consumers in New Mexico: markets, festivals, online, roadside stands, home pickup or delivery, and mail.
  5. Label every product or post the information (see the checklist below).

Legal paths

Homemade Food Act

Where
Your home
Sell
Directly to consumers in New Mexico: markets, festivals, online, roadside stands, home pickup or delivery, and mail. No stores, restaurants, or wholesale.
Sales cap
None stated
Paperwork
No permit; food handler card

Commercial kitchen

Where
An NMED-permitted commercial kitchen
Sell
Wholesale, stores, and TCS foods
Sales cap
None
Paperwork
NMED permit; usually FDA registration

Commercial canning

Where
Licensed commercial facility
Sell
Pickles, salsas, pepper jelly, and canned foods
Sales cap
None
Paperwork
NMED permit, process authority review, FDA scheduled-process filing

Label requirements

Required by NMED on a package label, bulk container, point-of-sale card, or the webpage where the item is sold.

Turning a recipe into a product?

Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.

Sources

Based on: NMED Homemade Food Act FAQ. Reviewed October 2026; rules may have changed since.

Other states: New Jersey · New York · all 50 states + DC

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