New Mexico Cottage Food Laws: Your Complete 2024 Guide

New Mexico offers one of the most entrepreneur-friendly cottage food environments in the country. Unlike states that require permits, inspections, or complicated registration processes, New Mexico keeps it simple: if you're making approved foods at home and staying under $60,000 in annual sales, you can start selling immediately.

But "simple" doesn't mean "without rules." Understanding exactly what you can sell, where you can sell it, and how to label your products correctly will keep you compliant while you build your business.

Who This Guide Is For

This comprehensive guide is designed for New Mexico residents who want to start selling homemade food products. Whether you're considering turning your famous biscochitos into a side business or wondering if your green chile salsa could generate serious income, you'll find everything you need to start legally.

You'll learn what foods you can sell, how much you can earn, where you can market your products, and the exact labeling requirements that keep you compliant with state law.

What You Can Legally Sell in New Mexico

New Mexico's cottage food law covers non-potentially hazardous foods that don't require refrigeration for safety. The approved list includes:

Baked goods: Breads, cookies, cakes, pastries, pies, empanadas, biscochitos, and other traditional New Mexican baked items

Confections: Candies, chocolates, fudge, brittle, and similar sweets

Jams and preserves: High-acid fruit preserves, jellies, and jams (following tested recipes)

Dried foods: Herbs, spices, fruits, and vegetables that are properly dehydrated

Nuts and seeds: Roasted, seasoned, or candied varieties

Certain acidic foods: Items like pickles and salsas, provided they follow approved recipes with proper pH levels

Granola and cereal: Dry cereals, granola, trail mixes

Honey: Raw or processed honey products

What You Cannot Sell

New Mexico prohibits cottage food producers from selling potentially hazardous foods that could support bacterial growth:

• Fresh or frozen meat, poultry, or seafood
• Dairy products (milk, cheese, yogurt, ice cream)
• Fresh salsa or guacamole
• Cut fresh fruits or vegetables
• Cooked grains or beans
• Fermented foods (except those specifically approved)
• Canned low-acid foods
• Any food requiring refrigeration for safety

Sales Limits and Revenue Cap

New Mexico cottage food producers can earn up to $60,000 per calendar year from cottage food sales. This is gross revenue, not profit — meaning the total amount customers pay you before you subtract ingredients, packaging, or other expenses.

Once you approach or exceed $60,000 in annual sales, you'll need to transition to a commercial food establishment with proper licensing, inspections, and commercial kitchen facilities.

Where You Can Sell Your Products

New Mexico cottage food law allows several sales channels:

Direct Sales

• Farmers markets
• Community events and festivals
• Roadside stands
• Direct sales from your home
• Craft fairs and holiday markets

Online Sales

Unlike many states, New Mexico explicitly allows online sales of cottage food products. You can:

• Sell through your own website
• Use social media platforms like Facebook and Instagram
• List products on local online marketplaces

However, you can only ship or deliver within New Mexico state lines. Interstate commerce requires federal licensing that cottage food operations don't have.

What's Not Allowed

• Wholesale to retailers: You cannot sell to grocery stores, restaurants, or other food businesses
• Sales through third-party platforms: Services like Uber Eats or DoorDash aren't typically permitted
• Out-of-state shipping: All sales must remain within New Mexico

Permits and Registration Requirements

Here's the best part about New Mexico's cottage food law: no permits, licenses, or registrations are required. You don't need to:

• Apply for a cottage food permit
• Pay licensing fees
• Register with the state health department
• Submit to kitchen inspections
• Complete food safety training (though it's still recommended)

This makes New Mexico one of the most accessible states for starting a cottage food business. You can literally start selling today if you have compliant products and proper labeling.

Kitchen and Inspection Requirements

New Mexico does not require kitchen inspections for cottage food operations. You can use your regular home kitchen, but you should still follow basic food safety practices:

• Keep your kitchen clean and sanitized
• Store ingredients properly
• Use clean utensils and equipment
• Wash hands frequently during food preparation
• Keep pets out of food preparation areas

While not required, consider taking a food safety course. The knowledge will improve your products and give customers confidence in your business.

Labeling Requirements

Proper labeling is your main legal requirement in New Mexico. Every product must include:

Required Information

Product name: Clear identification of what you're selling

Ingredient list: All ingredients listed in descending order by weight

Allergen declaration: If your product contains eggs, milk, wheat, soy, peanuts, tree nuts, fish, or shellfish, clearly state "Contains: [allergen]"

Net weight or volume: The quantity of product in the package

Your contact information: Name and address of the cottage food operation

The cottage food statement: "This product was produced in a home kitchen that is not subject to public health inspection that may also process common food allergens."

Sample Label Format

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Sarah's Piñon Cookies

Net Wt. 8 oz.