Cottage food rules
Does New Mexico Have Cottage Food Laws
What the Homemade Food Act lets you sell from your own kitchen, and where to confirm it.
On this page
What to remember
- New Mexico’s cottage food law is the Homemade Food Act.
- It took effect July 1, 2021.
- You can sell low risk foods straight to consumers from your home.
- No state permit from NMED is required for those foods.
- New Mexico runs one of the more permissive cottage food laws in the country.
If you have been baking for neighbors and wondering whether you are allowed to take money for it, this is the law that covers you. It is one of the friendlier sets of rules in the country, which is good news for a home baker working out of a home kitchen.
What the Homemade Food Act allows
The law covers low risk foods prepared at a private farm, ranch, or residence and sold directly to consumers. That direct to consumer part matters. You are selling to the person who eats the food, not putting your bakes on a grocery shelf.
For a baker, that means goods made without cream, custard, cheese, or meat fillings are in. Candy and fudge are named as well. Think loaves, cookies, brownies, scones, and fudge, rather than a cream filled pastry or a meat pie.
What to do before your first sale
Start with your recipes and sort them into two piles. One pile is everything made without cream, custard, cheese, or meat fillings. The other pile is everything else. The first pile is where you begin.
Read the state page yourself
Go to the New Mexico Environment Department page on the Homemade Food Act and read it in full. It is the source that counts.
Sort your recipes
Put bakes without cream, custard, cheese, or meat fillings on the sell list. Leave the rest for now.
Check your city or county
The state law is one layer. Your local health office may have its own rules, so call and ask before you take orders.
Price before you sell
Work out what a batch costs so you are not guessing at the table. Our guide on how to price your bakes walks through it.
Sales tax is a separate question from whether you may sell, and it catches a lot of home bakers out. Read cottage food laws and sales tax so you know what to expect before your first invoice.
Where New Mexico sits compared with other states
Not every state is this open. Some limit what you can sell, some cap how much you can earn, and some ask you to register first. If you want the wider picture, our guide to cottage food laws in the United States lays out what to check, and which states have the best cottage food laws shows how New Mexico compares. If you are also looking at selling things like jams or spice blends, cottage food law: what can you sell from home is a good next read.
Once you know what you can sell, the next job is taking orders without losing track of them. A shop of your own, with your photos and your web address, makes that simpler than a stream of texts.
Work out what your bakes should cost
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Common questions
Do I need a permit to sell baked goods from my New Mexico kitchen?
Under the Homemade Food Act, 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 the New Mexico Environment Department. Check with your local health office as well.
When did the Homemade Food Act start?
It passed in the 2021 New Mexico Legislation and went into effect on July 1, 2021.
Can I sell cakes with cream filling?
Baked goods with cream, custard, cheese, or meat fillings are not part of what the law covers. Stick to bakes without those fillings, plus candy and fudge.
Who can I sell to?
The law covers selling directly to consumers. That means the person eating the food, not a shop or a distributor buying to resell.
Where can I read the actual rule?
The New Mexico Environment Department publishes a page on the Homemade Food Act. Read it before you start selling, and keep a copy.
Sources
This is general information, not legal or tax advice. Cottage food rules can change and your city or county may add its own requirements. Confirm the current rules with the New Mexico Environment Department and your local health office before you sell.