New Mexico Cottage Food Laws: Comprehensive Guide
New Mexico’s Homemade Food Act (HB 177), effective July 1, 2021, allows individuals to produce and sell low-risk, shelf‑stable foods directly to consumers without a permit or sales cap. The key requirements are completing a food handler certification, following labeling rules, and ensuring sanitary practices.
Quick Facts
| Requirement | New Mexico |
|---|---|
| Annual Sales Limit | None (no cap) |
| License Required | No permit required; voluntary permit optional |
| Registration Required | No |
| Home Inspection | Not required unless voluntary |
| Food Safety Training | Yes – food handler certification |
| Labeling Required | Yes – name/address/phone/email, product name, ingredients desc. order, statement (“This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.”) |
| Online Sales | Yes – within NM |
| Delivery | Yes, direct to consumer including mail within NM |
| Shipping | Yes, within NM only |
1. Overview / Introduction
New Mexico’s Homemade Food Act (HB 177) was passed in 2021 and took effect on July 1, 2021. It exempts non-time‑and‑temperature‑control (non‑TCS) homemade food items from licensing, permitting, and inspection under the Food Service Sanitation Act and New Mexico Food Act (nmlegis.gov). The law introduces state preemption, preventing local governments from banning or regulating cottage food operations beyond the state law (nmlegis.gov).
2. Sales Limits
No annual sales cap—producers may earn unlimited revenue from cottage food operations (cottagecms.com).
3. Licensing & Registration
Under HB 177, no permit or licensing is required for non‑TCS homemade food operations (nmlegis.gov). The Department may offer an optional voluntary permit system, but participation is voluntary and not mandatory (nmlegis.gov). Local jurisdictions (class A counties or home‑rule municipalities) may also offer permit systems, but they cannot restrict any sales venues authorized by the Act (nmlegis.gov).
4. Training Requirements
Selling homemade food requires completion of a state‑approved food handler certification course (nmlegis.gov). Exact details on cost, duration, and approved providers aren’t specified in the statute. External sources note accreditation such as ANAB‑accredited food handler certification, costing around $7 and valid for 3 years (cottagecms.com).
5. Home Kitchen Inspection
Inspections are not required for cottage food operations under the Act. Home kitchens must be sanitary, but no routine inspections are mandated (nmlegis.gov). Inspections may occur only if the producer opts into voluntary permit system or in response to complaints or suspected food‑borne illness (nmlegis.gov).
6. Allowed Foods
Allowed products are non‑TCS (shelf‑stable) homemade food items—including baked goods, candy, jams, granola, roasted coffee, dehydrated fruits, whole produce, and dry mixes (cabq.gov). The statute broadly defines 'produce' by processes such as baking, dehydrating, fermenting, preserving, etc. (nmlegis.gov).
7. Prohibited Foods
Prohibited items are TCS foods requiring time and temperature control—such as meat, poultry or seafood; refrigerated pies or cakes (cream cheese frosting, custard); dairy; cut melons; salsa; hummus; garlic‑in‑oil; beverages like juices or kombucha; acidic canned goods; fresh-cut produce (cabq.gov).
8. Labeling Requirements
The seller must provide, via label or placard or webpage or phone disclosure, the following to consumers (nmlegis.gov):
- Producer’s name, home address, telephone number, and email address
- Common or usual name of food item
- Ingredients in descending order of predominance
- Exact statement: “This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.” All must be readily available and provided upon request (nmlegis.gov).
9. Where You Can Sell
Permitted direct‑to‑consumer sales venues include:
- Farmers’ markets
- Festivals
- Internet (web sales)
- Roadside stands
- Seller’s home for pick‑up or delivery
- Mail delivery (within NM) No sales to wholesalers, distributors, retailers or restaurants are allowed (nmlegis.gov). Local bans are preempted by state law (nmlegis.gov).
10. Sales Tax
The Act does not exempt sellers from applicable business registration or tax law; producers must comply (e.g., register business, remit gross receipts tax) as required by NM law (nmlegis.gov). Specific tax procedures are not detailed in HB 177.
11. Special Exemptions / Preemption
State preemption prevents any local government from regulating or banning production or sale of homemade foods covered by the Act (nmlegis.gov). The department may still offer consultation or inspection at the producer’s request (nmlegis.gov).
12. Getting Started: Practical Steps
- Complete a state‑approved food handler certification course before selling.
- Ensure your product is non‑TCS (shelf‑stable).
- Label your products with required information and exact statement.
- Sell only direct‑to‑consumer within NM (farmers markets, online, home pickup, mail).
- Maintain sanitary kitchen practices and safe transportation.
- Comply with business and tax registration (gross receipts tax, etc.).
- Optional: Apply for a voluntary permit for added credibility or business goals.
13. Official Resources
- HB 177 text: New Mexico Legislature final version of HB 177 (Homemade Food Act) (nmlegis.gov)
- City of Albuquerque FAQ: Overview of Homemade Food Act including allowed foods, sales venues, food handler requirement (cabq.gov)
- New Mexico Environment Department Food Program: Food Safety Program general info and training guidance (env.nm.gov)
Official Sources
This guide was compiled from the following official sources:
Important Notes
⚠️ Exact cost and approved providers of food handler certification should be verified as they vary.
⚠️ Tax compliance details (gross receipts tax) require confirmation with NM Taxation & Revenue Department.