Last verified 16 Sep 2026 · Sources
New Mexico’s Homemade Food Act lets you sell eligible low-risk foods directly to customers with no permit and no revenue cap. You just need a food handler card and the right disclaimer on the package. The label rule that matters most: the statute specifies exact wording for that disclaimer, and there’s no paraphrasing it. A real Nutrition Facts panel only becomes necessary once you make a nutrient content or health claim, or move into a sales channel the Act doesn’t cover, like wholesale or retail.
| Quick facts | New Mexico |
|---|---|
| Revenue cap | None |
| Permit or registration | No permit; food handler card required |
| Sales channels | Direct, online, and mail within state |
| Online sales | In-state only |
| Required label statement | “This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.” |
| Nutrition Facts panel | Not required unless you make a nutrient claim or go wholesale/retail |
| Administered by | New Mexico Environment Department, Food Safety Program |
| Governing law | New Mexico Homemade Food Act (NMSA § 25-12-3) |
What New Mexico lets you sell from home
The Act covers “non-time/temperature control for safety” foods: items that don’t need refrigeration or other special handling to stay safe. The New Mexico Environment Department’s (NMED) factsheet on the Act lists examples like baked goods without cream fillings, candy, popcorn, dehydrated fruit, granola, roasted coffee, whole produce, and high-sugar jams and jellies (NMED factsheet, PDF). Foods that need time and temperature control to stay safe (meat, fish, dairy, salsa, vegetable jams, canned low-acid goods, cream-based fillings, cut produce, and similar perishables) fall outside the Act and need a licensed commercial kitchen instead. Treat this as a general description, not a full product list, and check NMED’s own page for your specific product before relying on it.
Permits, registration, and the revenue cap
There’s no permit or registration fee to pay NMED. The Homemade Food Act lets producers “prepare certain low risk food items in their private farm, ranch or residence and sell them directly to consumers without a permit from NMED” (NMED, Homemade Food Act). The one credential the state does ask for is a food handler card from an approved food handler card program, completed before production starts (NMED, Homemade Food program). Neither the Act nor NMED’s implementing materials set a sales-dollar or unit cap, as of September 2026 (NMED, Homemade Food program). The trigger for moving off the exemption is the sales channel and any claim you make, not volume. Local jurisdictions with their own health departments (Class A counties and home rule municipalities) may run a mandatory or voluntary permit system of their own, provided it still allows sale of all the food types the Act authorizes (NMSA § 25-12-3). The Act itself took effect July 1, 2021, as House Bill 177, codified at NMSA 1978 § 25-12-3; NMED stopped issuing the older Homebased Food Processor permits as of that date, though existing ones remain valid until they expire.
Where you can sell
The Act permits direct-to-consumer sales within New Mexico only, through a specific list of channels: farmers’ markets, festivals, the internet, roadside stands, pickup or delivery from your home, and mail delivery (NMSA § 25-12-3). It does not cover sales to restaurants, wholesalers, or distributors, and it doesn’t cover out-of-state sales. If a customer never sees you hand them the product directly (a retail shelf, a co-op storefront, a distributor’s truck), that’s outside the homemade food exemption, even if the product itself hasn’t changed.
What has to be on the label
New Mexico’s label requirements, per NMSA § 25-12-3, are:
- Common or usual name of the food
- Ingredients listed in descending order of predominance
- Name, home address, telephone number, and email address of the processor
- The required disclaimer, verbatim
“This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.”
(NMSA 1978 § 25-12-3, via Justia)
For a point-of-sale display, such as a placard at a farmers-market table, or a webpage listing, the same disclosure applies. For phone or custom orders where no physical label is attached, the statute allows an oral version instead: you tell the buyer the item “is produced at a private residence that is exempt from state licensing and inspection and may contain allergens.”
When you need a Nutrition Facts panel
Cottage food sold under New Mexico’s Homemade Food Act is exempt from FDA nutrition labeling until one of two things happens. First, a nutrient content or health claim: the moment your package or ad says something like “low sodium,” “high protein,” or any other nutrient content or health claim, the exemption doesn’t apply to that claim anymore, and the calculation has to be backed by real numbers in a compliant format under 21 CFR 101.9. That’s true anywhere the claim appears, including an Instagram caption, not just the package. Second, the sales channel: selling wholesale, going through a retail store, or working with a distributor all fall outside the Homemade Food Act and require the commercial licensing that comes with standard nutrition labeling.
Numbers you can stand behind turn a claim on your package into a reason to buy. Enter your recipe, then see your label: your calories, the claims you qualify for and your allergen line are free, no card required, and every other value and %DV stays hidden until you unlock it. $29 unlocks every other nutrient value and %DV, every FDA format your product qualifies for, plus the ingredient statement and allergen declaration, ready to print. Start your label, or compare New Mexico with other states on the cottage food laws hub.
New Mexico cottage food FAQ
Do I need a permit to sell homemade food in New Mexico?
No. The Homemade Food Act lets you sell eligible foods directly to consumers without a permit from the New Mexico Environment Department, though you do need a food handler card from an approved program before you start (env.nm.gov).
Is there a revenue cap for New Mexico cottage food sales?
No. Neither the Homemade Food Act nor NMED's implementing materials set a sales-dollar or unit cap as of September 2026 (env.nm.gov).
What exact wording does my New Mexico cottage food label need?
The label must state, word for word, that the product is home produced and exempt from state licensing and inspection, and that it may contain allergens (NMSA § 25-12-3).
Can I sell homemade food online or by mail in New Mexico?
Yes, within the state. The Act names internet sales and mail delivery as allowed channels alongside farmers' markets, festivals, roadside stands, and home pickup or delivery, but it doesn't cover out-of-state sales.
Can I sell my homemade food to a New Mexico store or restaurant?
No. The Homemade Food Act only covers direct-to-consumer sales; wholesale accounts, restaurants, and distributors fall outside it and need commercial licensing instead.
When does New Mexico require a real Nutrition Facts panel?
Cottage food is exempt from FDA nutrition labeling until you make a nutrient content or health claim, or move into a channel the Act doesn't cover, like wholesale or retail. At that point a standard 21 CFR 101.9 panel applies.
Nearby states
Selling into a neighboring state means that state’s rules apply there: Arizona, Colorado, Oklahoma, Texas. See the full state-by-state table.