Cottage food label requirements in New Mexico

Homemade Food Act, NMSA 1978 §§ 25-12-1 to 25-12-5. Regulated by New Mexico Environment Department (NMED) Food Program. Checked against state sources on .

The statement your label needs

This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.

No type-size rule stated for the statement; keep it clearly legible.

What is different in New Mexico

  • Info may be given on a package label, bulk-container label, point-of-sale placard, or the sales webpage
  • Telephone/custom orders need no label, but seller must disclose home production, exemption and possible allergens
  • Restaurants, wholesalers, distributors and grocery stores may not buy or resell homemade foods
  • Food handler card required before production
  • State preemption: local governments may not otherwise regulate homemade food sales
Permit
No permit or registration for most baked goods. No NMED permit required (effective July 1, 2021). Seller must complete a department-approved food handler certification course (Food Handler Card) before production. NMED may run a voluntary permit; a combined Albuquerque/Bernalillo local health department may run a mandatory or voluntary permit system.
Sales cap
No annual sales cap found in state sources
Where you can sell
Directly to consumers within New Mexico: farmers' markets, festivals, internet, roadside stands, seller's home for pick-up or delivery, or mail delivery.
Online orders
Yes
Ship in state
Yes
Ship out of state
No
Sell to shops / cafés
No
Allowed foods
Not-time-and-temperature-control (non-TCS) foods, e.g. non-cream-filled baked goods, candy, popcorn, dehydrated fruit, granola/dry mixes, roasted coffee, high-sugar fruit jams/jellies. No TCS foods, meat/jerky, acidified/canned vegetables, CBD/hemp foods or alcohol.

What a New Mexico cottage food label must show

  1. Name, home address, telephone number and email address of the processor
  2. Common or usual name of the food item
  3. Ingredients in descending order of predominance (NMED: include sub-ingredients)
  4. The required statement (above)

Federal rules still apply on top: ingredients in descending order by weight (21 CFR 101.4), the nine major allergens declared by name (FALCPA and the FASTER Act), and net quantity in ounces and grams (21 CFR 101.7). New Mexico allows cottage food orders online or by phone. Shipping within the state is allowed, and products may not cross state lines.

Make a New Mexico label now

The New Mexico statement is already on it. Type your ingredients, tick the allergens and print on Avery sheets or a thermal roll. To have the ingredient order and allergens worked out from a costed recipe, use the workbench.

List by weight in the recipe, largest first, with sub-ingredients in parentheses. The workbench does this ordering for you from a recipe.
Contains (major food allergens)

Still missing: business name and address.

Print at 100% scale with no margins. Check the result against New Mexico’s rules above before selling.

Chocolate chip cookies
Ingredients: Enriched flour (wheat flour, niacin, reduced iron, thiamine mononitrate, riboflavin, folic acid), semisweet chocolate (sugar, chocolate, cocoa butter, soy lecithin), butter (cream), brown sugar, eggs, sugar, vanilla extract, baking soda, salt.
Contains: Milk, Egg, Wheat, Soy.
Net Wt 3 oz (85 g)
This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.

True size. New Mexico statement.

New Mexico cottage food questions

What statement has to be on a New Mexico cottage food label?

New Mexico requires: “This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.”.

Do I need a permit to sell baked goods from home in New Mexico?

No permit or registration for most baked goods. No NMED permit required (effective July 1, 2021). Seller must complete a department-approved food handler certification course (Food Handler Card) before production. NMED may run a voluntary permit; a combined Albuquerque/Bernalillo local health department may run a mandatory or voluntary permit system.

Is there a sales limit for cottage food in New Mexico?

No annual cap appears in the state sources we checked. No sales cap in the Act.

Can I sell cottage food online or ship it in New Mexico?

New Mexico allows cottage food orders online or by phone. Shipping within the state is allowed, and products may not cross state lines.

Sources

  1. NMED: Homemade Food Act FAQ (agency)
  2. NMSA 1978 § 25-12-3 (Homemade Food Act) (statute)
  3. New Mexico Environment Department (NMED) Food Program (agency)

Checked October 17, 2026. This is a checklist built from the sources above, not legal advice. Rules change; your county or the agency has the final word. Spotted something out of date? The about page explains how we check.

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