Yes, selling homemade food is legal in New Mexico under specific conditions outlined by the New Mexico Environment Department (NMED) and the New Mexico Food Act. The state permits cottage food operations, allowing individuals to sell non-perishable foods without a commercial kitchen license, provided compliance with labeling and sales venue restrictions. However, perishable items require adherence to stricter health department protocols.
Key Regulations for Selling Homemade Food in New Mexico
- Cottage Food Exemption: Non-potentially hazardous foods (e.g., baked goods, jams, dried herbs) may be sold without a permit if gross annual sales remain under $50,000. Labeling must include ingredients, allergens, and the producer’s name/address.
- Permitted Sales Venues: Cottage foods may only be sold directly to consumers at farmers’ markets, online, or from home. Third-party retail sales (e.g., grocery stores) are prohibited unless the producer obtains a food handler’s license.
- 2026 Compliance Shift: The NMED’s upcoming rule revisions will tighten record-keeping for cottage food producers, mandating sales volume documentation to maintain exemption status. Producers must monitor NMED’s 2025 public notices for updates.
Violations of these regulations may result in fines or mandatory commercial kitchen compliance. Consult the NMED’s Cottage Food Guide for jurisdiction-specific exemptions.