New Mexico cottage food law

The rules at a glance

Homemade Food Act

• Unattended honesty stand?

  Not addressed

  The law allows roadside stands but doesn't address unattended sales.

• Sign up with the state?

  No

  No state permit required. A combined local health department may run a permit system.

  Source

  • Beginning July 1, 2021, individuals may prepare certain low risk food items in their private farm, ranch or residence and sell them directly to consumers without a permit from NMEDNew Mexico Environment Department: Homemade Food Act
  • The production and sale of homemade food items shall be regulated pursuant to the provisions of the Homemade Food Act and are exempt from other requirements pursuant to the Food Service Sanitation Act and the New Mexico Food ActNew Mexico Homemade Food Act (PDF)
  • A class A county and a home rule municipality that have established a combined local health department pursuant to the Joint Powers Agreements Act for the purpose of local health regulation may operate a mandatory or a voluntary permit system for the sale of homemade food items within the jurisdictions of the respective county and municipalityNew Mexico Homemade Food Act (PDF)

• Food safety class?

  Yes

  A food handler card from an approved program before you start.

  Source

  • the seller completes a food handler certification course approved by the departmentNew Mexico Homemade Food Act (PDF)
  • You must obtain a Food Handler Card from an approved food handler card program before beginning productionNew Mexico Environment Department: Homemade Food Act FAQ (PDF)

• Kitchen inspection?

  Sometimes

  No routine checks. NMED can act on complaints and investigate illness.

  Source

  • are exempt from other requirements pursuant to the Food Service Sanitation Act and the New Mexico Food ActNew Mexico Homemade Food Act (PDF)
  • If NMED receives a complaint that your product is not labeled properly, NMED will require you to correct the issue immediately, or be finedNew Mexico Environment Department: Homemade Food Act FAQ (PDF)
  • NMED (and possibly the New Mexico Department of Health) may also investigate foodborne illness complaintsNew Mexico Environment Department: Homemade Food Act FAQ (PDF)

• Yearly sales limit

  No limit

  The act sets no yearly sales cap.

  Source

  • You may sell your homemade food items directly to consumers within the state of New Mexico at places like farmers' markets, festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail deliveryNew Mexico Environment Department: Homemade Food Act FAQ (PDF)

• Foods that need a fridge?

  No

  Non-time/temperature control foods only.

  Source

  • Food produced must be non-time/temperature control for safety (Non-TCS). Food that meets this definition only requires simple production steps and does not require refrigeration when completeNew Mexico Environment Department: Homemade Food Act FAQ (PDF)

• Take orders online?

  Yes

  Direct sales over the internet to consumers in New Mexico.

  Source

  • the seller sells directly to consumers within the state, including at farmers' markets, at festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail deliveryNew Mexico Homemade Food Act (PDF)

• Ship or mail orders?

  Yes

  Mail delivery to consumers in New Mexico only.

  Source

  • the seller sells directly to consumers within the state, including at farmers' markets, at festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail deliveryNew Mexico Homemade Food Act (PDF)
  • Homemade items may not be sold to a restaurant, a wholesaler or distributor, or outside the state of New MexicoNew Mexico Environment Department: Homemade Food Act FAQ (PDF)

• Sell through shops?

  No

  Direct to consumers only. No restaurants, wholesalers or resale.

  Source

  • Homemade items may not be sold to a restaurant, a wholesaler or distributor, or outside the state of New MexicoNew Mexico Environment Department: Homemade Food Act FAQ (PDF)
  • grocery stores or similar facilities may not purchase or resell prepackaged homemade foodsNew Mexico Environment Department: Homemade Food Act FAQ (PDF)

What goes on the label