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.
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.
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.
Home-cooked meals. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Prepared meals need refrigeration, so they're made in a permitted commercial kitchen.
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.
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
Check that the product doesn't need refrigeration and isn't excluded (acidified, pickled, canned vegetables, alcohol, CBD, and others).
Get a food handler card from an approved program before you start.
No NMED permit is needed.
Sell directly to consumers in New Mexico: markets, festivals, online, roadside stands, home pickup or delivery, and mail.
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.
“This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.”. Exactly as written.
Your name, home address, phone, and email
Common or usual name of the food
Ingredients from most to least, with sub-ingredients
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.