Selling kombucha in New Mexico

Q: Where may food made at home be sold in New Mexico?

NMED, Homemade Food Act FAQ says: “You may sell your homemade food items directly to consumers within the state of New Mexico at places like farmers' markets, festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail delivery. Homemade items may not be sold to a restaurant, a wholesaler or distributor, or outside the state of New Mexico.” (NMED, Homemade Food Act FAQ, read October 24, 2026). NMED, Homemade Food Act FAQ says: “NMED permitted food facilities may not use homemade foods as ingredients in their food items and grocery stores or similar facilities may not purchase or resell prepackaged homemade foods.” (NMED, Homemade Food Act FAQ, read October 24, 2026). ShelfStep's summary of the rules and their sources, read October 24, 2026; not legal advice.

Q: What does New Mexico say a home-made label must carry?

NMED, Homemade Food Act FAQ says: “The following statement must be on the label: "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens."” (NMED, Homemade Food Act FAQ, read October 24, 2026). NMED, Homemade Food Act FAQ says: “The following is required on labels/place cards: • • • • • The name, home address, telephone number and email address of the processor of the food item. The common or usual name of the food item (i.e. Chocolate Chip Cookies) The ingredients of the food item listed from most to least present in the item. All sub-ingredients must be included on the ingredients statement.” (NMED, Homemade Food Act FAQ, read October 24, 2026). NMED, Homemade Food Act FAQ says: “You must provide consumers the information listed in question #10 in one of the following ways: • • • • On a package label. On a label attached to a bulk container (when items are offered from a bulk container). On a place card displayed at the point of sale (when items are not packaged or offered from a bulk container). On a webpage where the items are offered for sale.” (NMED, Homemade Food Act FAQ, read October 24, 2026). ShelfStep's summary of the rules and their sources, read October 24, 2026; not legal advice.

Q: Where do I go from here?

How to sell kombucha to stores. Every step, its reason and its typical cost Selling food made at home in New Mexico. All of New Mexico's lines, what you may make, register and outgrow How do I find and choose a co-packer?. 5 min read How do I work out my shelf life and best-by date?. 4 min read Do I need to register with the FDA to sell my food product?. 4 min read ShelfStep's summary of the rules and their sources, read October 24, 2026; not legal advice.

Sources last read Oct 24, 2026

What New Mexico's own pages say about making kombucha at home, each line linked, and the path to a store when you want one to stock it.

Run the free rules check for it: no account, no AI.

General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Can I make kombucha at home in New Mexico?

New Mexico's own pages name kombucha, or foods like it, among what New Mexico says a home kitchen may not make. ShelfStep found these lines by the words they use; whether they cover your product is for the New Mexico Environment Department to say. Those lines, as the state writes them:

New Mexico's Homemade Food Act rules: what may not be made at homeNMED, Homemade Food Act FAQ says:“Examples of TCS food that are not allowed under the Act include: • • • • • • • • • • • • • • • • • • Meat and meat products, including jerky Salsa Fish and fish products like smoked fish Foods containing CBD, hemp, or hemp extract (see question #4) Vegetable jams/jellies (e.g., hot pepper jelly) Canned fruits or vegetables Canned pickled products like corn relish, pickles, or sauerkraut Pies or cakes that require refrigeration like banana cream, pumpkin, lemon meringue or custard pies; cheesecake; and cakes with glaze or frosting that requires refrigeration (e.g., cream cheese frosting) Milk and dairy products like cheese or yogurt Cut fruits and vegetables Caramel apples Hummus Garlic in oil mixtures Beverages like fruit/vegetable juices, Kombucha tea, and apple cider Sprouts Food products with fresh vegetables, fruits and/or cheeses Salad dressings Acidified foods”NMED, Homemade Food Act FAQ · Read Oct 24, 2026

What rules does kombucha come under beyond New Mexico's?

Outside a home kitchen, ShelfStep's plan reads kombucha as a beverage. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawBeverages: their own FDA rules (juice HACCP, etc.).21 CFR 120.1

What the rules behind it say, in their own words, with the page and the day ShelfStep read each. ShelfStep does not decide which of them apply to your product.

Source to check: the rules behind ShelfStep's plan for kombucha

Juice and the juice HACCP rule21 CFR 120.1(a) says:“(a) Any juice sold as such or used as an ingredient in beverages shall be processed in accordance with the requirements of this part.”21 CFR 120.1(a) · Read Oct 8, 2026
Juice HACCP and retail establishments21 CFR 120.3(j) and (l) says:“(2) For purposes of this part, processing does not include: (i) Harvesting, picking, or transporting raw agricultural ingredients of juice products, without otherwise engaging in processing; and (ii) The operation of a retail establishment. ... (l) Retail establishment is an operation that provides juice directly to the consumers and does not include an establishment that sells or distributes juice to other business entities as well as directly to consumers.”21 CFR 120.3(j) and (l) · Read Oct 8, 2026

Source to check: FDA food facility registration

FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026

Where may food made at home be sold in New Mexico?

New Mexico's Homemade Food Act rules: where it may be soldNMED, Homemade Food Act FAQ says:“You may sell your homemade food items directly to consumers within the state of New Mexico at places like farmers' markets, festivals, on the internet, at roadside stands, at the seller's home for pick-up or delivery or through mail delivery. Homemade items may not be sold to a restaurant, a wholesaler or distributor, or outside the state of New Mexico.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
New Mexico's Homemade Food Act rules: where it may be soldNMED, Homemade Food Act FAQ says:“NMED permitted food facilities may not use homemade foods as ingredients in their food items and grocery stores or similar facilities may not purchase or resell prepackaged homemade foods.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026

What does New Mexico say a home-made label must carry?

New Mexico's Homemade Food Act rules: the home-made labelNMED, Homemade Food Act FAQ says:“The following statement must be on the label: "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens."”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
New Mexico's Homemade Food Act rules: the home-made labelNMED, Homemade Food Act FAQ says:“The following is required on labels/place cards: • • • • • The name, home address, telephone number and email address of the processor of the food item. The common or usual name of the food item (i.e. Chocolate Chip Cookies) The ingredients of the food item listed from most to least present in the item. All sub-ingredients must be included on the ingredients statement.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
New Mexico's Homemade Food Act rules: the home-made labelNMED, Homemade Food Act FAQ says:“You must provide consumers the information listed in question #10 in one of the following ways: • • • • On a package label. On a label attached to a bulk container (when items are offered from a bulk container). On a place card displayed at the point of sale (when items are not packaged or offered from a bulk container). On a webpage where the items are offered for sale.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026

How do I get kombucha into a store in New Mexico?

New Mexico's Homemade Food Act rules: what applies beyond the home-kitchen rulesNMED, Homemade Food Act FAQ says:“TCS foods must be produced in an NMED permitted commercial kitchen.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
New Mexico's Homemade Food Act rules: what applies beyond the home-kitchen rulesNMED, Homemade Food Act FAQ says:“If you would like to produce food items to be sold to these types of facilities a commercial manufactured food permit from NMED is required.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026

From there, ShelfStep's standard plan for a beverage has 19 steps. The first 6 help you find out where and how kombucha can be made at all, so they come first:

1.
Write the recipe down with exact amounts
Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.
2.
Decide how it is kept: on a shelf, in the fridge or frozen
The planned storage helps the reviewer assess the process, shelf life and packaging.
In the plan: It decides which rules you follow.
3.
Find out where you are allowed to make it for sale
This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.
In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.
4.
Have the pH and water activity of a finished batch measured
These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.
In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.
5.
Get a Process Authority's letter on how it is made safe
Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.
In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.
6.
Look into FDA registration
Registration is how FDA knows your facility exists; the plan is what an inspector or a buyer’s audit asks to see. Both are far easier to do now than during either.
In the plan: Look into registration with FDA. Any filing your Process Authority letter names belongs here too.

Every step, with its reason and what it typically costs, is on the kombucha page:

1. Write the recipe down with exact amounts 2. Decide how it is kept: on a shelf, in the fridge or frozen 3. Find out where you are allowed to make it for sale 4. Have the pH and water activity of a finished batch measured 5. Get a Process Authority's letter on how it is made safe 6. Look into FDA registration 7. Choose the container and what seals it 8. Shortlist three co-packers or commercial kitchens 9. Work out what one batch, and one unit, costs to make 10. Set up lot codes and a recall plan 11. Make a first full-size batch 12. Find out how long it keeps 13. Get barcodes 14. Draft the label with everything it has to say 15. Set the wholesale and shelf price from the cost 16. Sell it at a market before you scale 17. Get product liability insurance 18. Make the one-page sheet a buyer reads 19. Name your first three stores

Where do I go from here?

How to sell kombucha to storesEvery step, its reason and its typical cost Selling food made at home in New MexicoAll of New Mexico's lines, what you may make, register and outgrow

How do I find and choose a co-packer?5 min read How do I work out my shelf life and best-by date?4 min read Do I need to register with the FDA to sell my food product?4 min read

Check the rules for yours, then keep it

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

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Something here out of date, or a state we should write up next? Email hello@shelfstep.com.