Current Law Details
Homemade Food Act (HB 177, April 6, 2021) dramatically simplified what was previously the most convoluted cottage food law in the country. NO state permit required, NO sales cap. STATE PREEMPTION prevents cities/counties from prohibiting or regulating cottage food operations (overrode Albuquerque's complete prohibition). ANAB-accredited food handler certification (~$7) required. Online sales and in-state shipping allowed. Direct sales only (no wholesale to restaurants/stores). Stable law with no changes since 2021.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- Yes
- Type
- ANAB-accredited food handler certification
- Cost
- $6.95-$7.95 (most common $7.00)
- Validity Period
- 3 years
Labeling Requirements
Required Statement
"This product is home produced and is exempt from state licensing and inspection. This product may contain allergens. OR This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."
Additional Label Elements
- ✓Producer's name
- ✓Street address
- ✓City, state, zip code
- ✓Email address
- ✓Phone number
- ✓Name of food item
- ✓Ingredient list
Allowed Sales Venues
Direct-to-consumer sales only. ALLOWED: home (pickup), farmers markets, festivals/events, roadside stands, online (with delivery or mail within state), any direct-to-consumer venue. PROHIBITED: restaurants, retail stores (grocery stores, specialty shops), wholesalers, distributors, out-of-state customers.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
Online sales and in-state shipping/delivery allowed within New Mexico state borders only. No interstate commerce or out-of-state sales. Can use mail/parcel services for in-state delivery.
Allowed Foods
Non-TCS (Non-Time/Temperature Control for Safety) shelf-stable foods only. APPROVED: bagels, breads, brownies, cake pops, cakes, cookies, cupcakes, donuts, macarons, muffins, biscuits, pizzelles, rolls, scones, sweet breads, tortillas, wedding cakes (no refrigeration-required frosting), fudge/truffles/chocolate, caramel corn/kettle corn, marshmallows, chocolate-covered items (non-refrigerated), honey, nut butters, high-sugar jams/jellies, syrups, cereals/granola, coffee beans/tea leaves, dried fruit/vegetables, dried herbs/spices/seasonings, pasta noodles, mixes (baking mixes, etc.), crackers/pretzels, fruit leathers, nuts/seeds, popcorn. PROHIBITED: MEAT JERKY (despite some misleading online sources - TCS foods include 'meat and poultry as well as beef and poultry jerky' per official sources), meat/poultry/seafood, milk/dairy products, cut/sliced fresh produce, eggs (standalone), cheesecake, pies requiring refrigeration (pumpkin, custard, lemon meringue, banana cream), cakes with refrigeration-required frosting (cream cheese frosting), pickles, salsas, low-acid canned goods, fermented products.
Recent Legislative Updates
HB 177 (Homemade Food Act)
Effective: July 1, 2021
Dramatic simplification from 'most convoluted cottage food laws in country.' Removed state permit requirement. Eliminated complex regulations. No sales cap. STATE PREEMPTION clause prevents cities/counties from prohibiting or regulating production/sale of homemade food items (overrode Albuquerque's complete prohibition - residents could not legally sell 'a single homemade cookie or loaf of bread'). Cities may still require permits but cannot deny based on cottage food status. Simplified to minimal requirements (food handler training only).
Important Warnings & Notes
- ⚠️JERKY IS NOT ALLOWED despite conflicting online information - official sources explicitly prohibit meat jerky
- ⚠️Interstate shipping prohibited (in-state only)
- ⚠️Local permits may still be required in some areas but cannot be denied based on cottage food status
- ⚠️Direct sales only - no wholesale to restaurants, retail stores, wholesalers, or distributors
- ⚠️Must maintain sanitary home kitchen with pets/children restricted from production area
- ⚠️NM Environment Department retains authority to investigate complaints and address health hazards
- ⚠️No routine inspections but can be investigated if unsafe practices identified
- ⚠️Food handler certification must be obtained within 30 days of beginning food sales
- ⚠️While highly permissive, direct-sales-only restriction prevents 'very permissive' classification
- ⚠️Official training portal: https://tap.nmsu.edu/index.html
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •New Mexico Legislature - HB 177 Full Text
- •New Mexico Statutes Section 25-12-3 (2024)
- •City of Albuquerque - New Mexico Homemade Food Act
- •New Mexico Environment Department - Food Program
- •Forrager.com - New Mexico
- •Institute for Justice - New Mexico
- •New Mexico Farmers' Marketing Association
- •New Mexico State University - Starting a Food Business
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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