Cottage food rules
New Mexico Cottage Food Laws: What Home Bakers Can Sell
A clear look at what New Mexico's Homemade Food Act lets you bake and sell from home.
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What to remember
- The Homemade Food Act took effect on July 1, 2021.
- It replaced prior cottage food rules that limited sales to farmers markets only.
- Low risk foods may be prepared at a private farm, ranch, or residence.
- Those foods may be sold directly to consumers without an NMED permit.
- Baked goods with cream, custard, cheese, or meat fillings are not in the listed examples.
If you are baking from a home kitchen in New Mexico, the first question is whether your bake fits the Act. The sources below give the main points: when the law took effect, where you can prepare food, who you can sell to, and which foods are listed. For a wider view of how states compare, see the cottage food laws by state map.
What the Homemade Food Act changed
The prior cottage food rules limited sales to farmers markets only. The Homemade Food Act replaced those rules. It was enacted in 2021 and went into effect on July 1, 2021. As of that date, the law made cottage food exempt from some of the most difficult requirements of the previous rules. The Act covers low risk foods prepared at a private farm, ranch, or residence.
The sources describe certain low risk food items, not every food you can make at home. They also describe sales directly to consumers. If you want a state by state checklist, the guide to cottage food law requirements by state is a useful next read.
What you can sell from your home kitchen
The clearest food list in the sources is baked goods without cream, custard, cheese, or meat fillings, plus candy and fudge. The same source says these foods are made from home. The Act also covers low risk foods prepared at a private farm, ranch, or residence. The setting can be a private farm, a ranch, or a residence.
The Act uses the phrase low risk food items. That phrase is the filter to apply to your recipe. The source list gives examples, and those examples are the safest place to start when you plan a week of bakes.
What to confirm before you take orders
Start with the food, not the flyer. Confirm that your bake is one of the low risk items described in the Act. Confirm that you are selling directly to consumers. Then check the current New Mexico Environment Department page for the details that apply to your kitchen. The sources here are a starting point, not a substitute for the current page.
Keep your records simple. Write down what you made, what you paid for ingredients, and who you sold to. That habit helps you price your bakes and answer questions later. It also makes your shop easier to run when orders pick up.
How the law describes sales
The Act describes sales directly to consumers. The source does not describe sales to restaurants, grocery stores, or other businesses. If you want to sell to a shop or a cafe, treat that as a separate question and confirm it with the New Mexico Environment Department before you promise anything.
Common questions
What is the New Mexico Homemade Food Act?
It is NMSA chapter 25, article 12. It was enacted in 2021 and went into effect on July 1, 2021. It replaced prior cottage food rules that limited sales to farmers markets only.
Can I sell baked goods from my home in New Mexico?
The sources list baked goods without cream, custard, cheese, or meat fillings, plus candy and fudge, as foods made from home. They also describe low risk foods prepared at a private farm, ranch, or residence.
Do I need a permit from NMED?
Beginning July 1, 2021, individuals may prepare certain low risk food items in a private farm, ranch, or residence and sell them directly to consumers without a permit from NMED. This applies to the low risk items described in the source.
What fillings are outside the listed examples?
The listed baked goods are without cream, custard, cheese, or meat fillings. If your recipe uses one of those fillings, it is outside the examples in the source.
Can I sell to a restaurant or shop?
The source describes sales directly to consumers. It does not describe sales to restaurants, grocery stores, or other businesses. Confirm that question with the New Mexico Environment Department before you promise an order.
Did the law change in 2021?
Yes. The Homemade Food Act was enacted in 2021 and went into effect on July 1, 2021. It replaced prior cottage food rules that limited sales to farmers markets only.
Sources
This is general information about New Mexico's Homemade Food Act, not legal advice. Confirm your situation with the New Mexico Environment Department.