New Mexico's Cottage Food Law
New Mexico's Cottage Food Law allows individuals to prepare and sell certain non-potentially-hazardous foods from their home kitchen without a commercial license. The law applies to home-based producers operating as small, independent businesses. Covered products are limited to foods that don't require refrigeration to stay safe, such as baked goods, jams, and candies. You're responsible for ensuring your products fall within these guidelines.
You can sell directly to consumers through farmers markets, roadside stands, flea markets, and similar in-person venues. Online orders are permitted, which means you can take orders through a website or social media, as long as the transaction is direct-to-consumer. Shipping your products is not allowed, so delivery must happen in person within New Mexico.
Your annual gross sales cannot exceed $60,000, which is one of the higher revenue caps in the country. No permit or registration is required before you start selling, which lowers the barrier to entry considerably compared to most states. New Mexico doesn't require a home kitchen inspection either, making it a straightforward state to launch your cottage food business. That combination of a high revenue ceiling and minimal red tape gives your business real room to grow.
Annual Limit
$60,000/year
Permit Required
No
Online Orders
Allowed
Shipping
Not Allowed
Permitted Foods
- ✓Baked goods (breads, cookies, cakes, muffins, pastries)
- ✓Jams, jellies, and preserves
- ✓Candies and confections
- ✓Dried herbs and herb mixes
- ✓Roasted nuts and seeds
- ✓Granola and trail mixes
- ✓Honey and honey-based products
- ✓Dry baking mixes
Prohibited Foods
- ✗Meat and poultry products
- ✗Foods requiring refrigeration for safety
- ✗Low-acid canned goods
- ✗Dairy-based products
- ✗Cut fresh fruits and vegetables
- ✗Fermented foods (unless explicitly approved)
Labeling Requirements
- ✓Producer's full name and home address
- ✓Product name
- ✓Complete ingredient list in descending order by weight
- ✓Major allergen disclosure
- ✓Net weight or net volume
- ✓Statement: 'Made in a home kitchen not inspected by the New Mexico Environment Department'
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New Mexico allows online orders
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Bill tracking data provided by LegiScan