Selling food made at home in New Mexico
What New Mexico lets you make and sell from a home kitchen, in the state's own words with a link to each, and what changes when a store wants to stock you.
Run the free rules check: no account, no AI.
Who regulates food made at home in New Mexico?
The New Mexico Environment Department. Its own page for the Homemade Food Act:
NMED, HomeMade Food ActWhat may I make at home in New Mexico?
Each sentence below is quoted from New Mexico's own pages as ShelfStep read them on October 24, 2026, with a link to where it is written.
- New Mexico's Homemade Food Act rules: what may be made at homeNMED, Homemade Food Act FAQ says:“Food produced must be non-time/temperature control for safety (Non-TCS). Food that meets this definition only requires simple production steps and does not require refrigeration when complete.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
- New Mexico's Homemade Food Act rules: what may be made at homeNMED, Homemade Food Act FAQ says:“Examples of non-TCS food include: Non-cream filled baked goods that do not require refrigeration, such as cakes, cookies, yeast breads, pies, pastries Candy Popcorn Chocolate covered pretzels Dehydrated fruits Granola/dry mixes Roasted coffee Whole fruits and vegetables Standard high sugar fruit jams/jellies Please note that this is not an exhaustive list, nor does it dictate what you may or may not sell under the Act.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
What may I not make at home in New Mexico?
- New Mexico's Homemade Food Act rules: what may not be made at homeNMED, Homemade Food Act FAQ says:“TCS Foods, alcohol-containing food, or alcoholic beverages may not be produced at a private farm, ranch or residence.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
- 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
- New Mexico's Homemade Food Act rules: what may not be made at homeNMED, Homemade Food Act FAQ says:“All food operations that make products containing hemp, hemp extract or CBD must be permitted as a commercial hemp manufacturing facility.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
What must a home-made label say in New Mexico?
- 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
Where may I sell food made at home 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 do I do before I start in New Mexico?
- New Mexico's Homemade Food Act rules: what comes before the first saleNMED, HomeMade Food Act says:“Beginning July 1, 2021, 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 NMED.”NMED, HomeMade Food Act · Read Oct 24, 2026
- New Mexico's Homemade Food Act rules: what comes before the first saleNMED, HomeMade Food Act says:“The Food Safety Program does not have jurisdiction in Bernalillo County and Albuquerque , as they have their own food safety programs.”NMED, HomeMade Food Act · Read Oct 24, 2026
- New Mexico's Homemade Food Act rules: what comes before the first saleNMED, Homemade Food Act FAQ says:“You must obtain a Food Handler Card from an approved food handler card program before beginning production.”NMED, Homemade Food Act FAQ · Read Oct 24, 2026
What happens when I outgrow New Mexico's home-kitchen rules?
- 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
Beyond a home kitchen, ShelfStep's plan lays out the path a commercial kitchen or a co-packer takes, step by step, for each kind of product.
- 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
- A state’s own rules for acidified foods21 CFR 108.25(i) says:“Wherever the Commissioner finds that any State regulates the commercial processing of acidified foods under effective regulations specifying at least the requirements of part 114 of this chapter, the Commissioner shall issue a notice stating that compliance with such State regulations shall constitute compliance with this section, if the State through its regulatory agency or each processor of acidified foods in the State files with the Food and Drug Administration the registration information and the processing information prescribed in paragraph (c) of this section.”21 CFR 108.25(i) · Read Sep 20, 2026
Where does the path start, whatever you make in New Mexico?
Whatever the product, ShelfStep's standard plan opens with the same six steps, and the third is the one this page is about: where you are allowed to make it. Each step's reason is the app's own.
- 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.
- 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.
How much do other states let a home kitchen sell in a year?
Not every state sets a yearly ceiling on home-kitchen sales, and those that do set very different ones. What the written-up states other than New Mexico say, each in its own words:
- California's Cottage Food Operation rules: a yearly sales ceilingCDPH, Adjusted Gross Annual Sales Limit 2026 says:“January 1, 2026 2024-2025 3.1 $88,878 $177,756”CDPH, Adjusted Gross Annual Sales Limit 2026 · Read Sep 25, 2026
- Colorado's Cottage Foods Act rules: a yearly sales ceilingCDPHE, Cottage Foods Act says:“Net revenue allowance If I produce muffins, does the Act allow me to earn up to $10,000 for each type (blueberry, banana, chocolate chip)? Yes.”CDPHE, Cottage Foods Act · Read Oct 24, 2026
- Connecticut's Cottage Food Operator rules: a yearly sales ceilingDCP, Sales and Doing Business in Connecticut says:“Yes, there is a yearly gross sales limit of $50,000. You must maintain records of all sales.”DCP, Sales and Doing Business in Connecticut · Read Oct 24, 2026
- Florida's Cottage Food Operation rules: a yearly sales ceilingFlorida Statutes §500.80 says:“(1)(a) A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $250,000. (b) For purposes of this subsection, a cottage food operation’s annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation.”Florida Statutes §500.80 · Read Oct 8, 2026
- Indiana, home-based vendors: a yearly sales ceilingIDOH, Homestead and Small Farm Food Processor Guidance says:“No annual gross income restrictions”IDOH, Homestead and Small Farm Food Processor Guidance · Read Sep 25, 2026
- Indiana, homestead vendors: a yearly sales ceilingIndiana Code, 2026 edition (IC 16-42-5.3 and 16-42-5.4) says:“Sec. 1. As used in this chapter, "homestead vendor" means a person that prepares and sells food products or meat products from: (1) property or at a farmers market; and (2) which the person does not receive more than one million five hundred thousand dollars ($1,500,000) in gross sales from food products or meat products in a single year.”Indiana Code, 2026 edition (IC 16-42-5.3 and 16-42-5.4) · Read Sep 25, 2026
- Kentucky's Home-Based Processor rules: a yearly sales ceilingKRS 217.015 (Kentucky General Assembly) says:“and who has a gross income of no more than sixty thousand dollars ($60,000) annually from the sale of the products;”KRS 217.015 (Kentucky General Assembly) · Read Oct 24, 2026
- Louisiana, the date Act 801 took effect: a yearly sales ceilingLouisiana State Legislature, HB403 (2026 Regular Session) says:“06/08 H Effective date: 08/01/2026. 06/08 H Signed by the Governor. Becomes Act No. 801.”Louisiana State Legislature, HB403 (2026 Regular Session) · Read Oct 24, 2026
- Louisiana's Low-Risk Foods (R.S. 40:4.9) rules: a yearly sales ceilingLouisiana State Legislature, House Summary of Senate Amendments, HB 403 (2026 Regular Session) says:“1. Changes gross annual sales limit for producers of low-risk, homemade foods from $30,000 to $100,000. ... Proposed law increases the gross annual sales limit for this exemption from $30,000 to $100,000, after which a producer would no longer qualify for the exemption.”Louisiana State Legislature, House Summary of Senate Amendments, HB 403 (2026 Regular Session) · Read Oct 24, 2026
- Maryland's Cottage Food Business rules: a yearly sales ceilingMaryland General Assembly, 2026 Laws of Maryland Chapter 320 (HB 535) says:“(b–1) "Cottage food business" means a business that: ... (3) Has annual revenues from the sale of cottage food products in an amount not exceeding [$50,000] $100,000. ... SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.”Maryland General Assembly, 2026 Laws of Maryland Chapter 320 (HB 535) · Read Oct 8, 2026
- Michigan's Cottage Food Operation rules: a yearly sales ceilingMDARD, Cottage Food: getting started FAQ says:“The limit is currently gross sales up to $50,000 yearly, however, $75,000 is allowable if the cottage food operation sells cottage food products at a price of $250 or more per unit.”MDARD, Cottage Food: getting started FAQ · Read Oct 8, 2026
- Michigan's Cottage Food Operation rules: a yearly sales ceilingMichigan Compiled Laws 289.4102 says:“(5) Except as otherwise provided in this subsection, the gross sales of cottage food products by a cottage food operation must not exceed $50,000.00 annually until October 1,2026. ... Beginning October 1, 2026, and by each October 1 thereafter, the department may adjust the gross sales amounts set under this subsection by the amount calculated by multiplying the sales limit in effect during the immediately preceding fiscal year by the inflation adjustment factor and rounding to the nearest whole dollar.”Michigan Compiled Laws 289.4102 · Read Oct 8, 2026
- Minnesota's Cottage Food Exemption rules: a yearly sales ceiling2024 Minnesota Statutes, 28A.152 Cottage Foods Exemption says:“An individual selling exempt foods under this section is limited to total sales with gross receipts of $78,000 or less in a calendar year.”2024 Minnesota Statutes, 28A.152 Cottage Foods Exemption · Read Oct 24, 2026
- Mississippi's Cottage Food Operation rules: a yearly sales ceilingMSDH, Cottage Food Operation: Frequently Asked Questions says:“You are limited in the amount of sales you can have selling Cottage Foods, which is $35,000 in gross annual sales.”MSDH, Cottage Food Operation: Frequently Asked Questions · Read Oct 24, 2026
- Nevada's Cottage Food Operation rules: a yearly sales ceilingNRS 580.600 (Nevada Legislature) says:“(a) "Cottage food operation" means a natural person who manufactures or prepares food items in his or her private home or, if allowed by the food safety authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization, for sale to a natural person for consumption and whose gross sales of such food items are not more than $100,000, as adjusted pursuant to subsection 6, per calendar year.”NRS 580.600 (Nevada Legislature) · Read Oct 24, 2026
- Nevada's Cottage Food Operation rules: a yearly sales ceilingNRS 580.600 (Nevada Legislature) says:“Beginning with Fiscal Year 2026-2027, the amount of gross sales of a cottage food operation specified in paragraph (a) of subsection 7 must be adjusted for each fiscal year by the Department by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) published by the United States Department of Labor from July 2025 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall publish the adjusted amount on the Internet website of the Department on or before September 30 of each year.”NRS 580.600 (Nevada Legislature) · Read Oct 24, 2026
- New Jersey's Cottage Food Operator Permit rules: a yearly sales ceilingN.J.A.C. 8:24-11, Cottage Food Operator Rules (NJDOH) says:“(b) The gross annual sales (that is, before deductions of taxes and operating expenses) that a cottage food operator generates from the sale of cottage food products shall not exceed $ 50,000.”N.J.A.C. 8:24-11, Cottage Food Operator Rules (NJDOH) · Read Oct 8, 2026
- Oklahoma's Local Food Freedom Act rules: a yearly sales ceilingODAFF, Food Safety says:“The maximum allowable earnings for a local food business is $250,000 each year in sales.”ODAFF, Food Safety · Read Oct 24, 2026
- Oklahoma, the date the $250,000 limit starts: a yearly sales ceilingOklahoma House of Representatives, news release, 7 May 2026 says:“The measure increases the allowable annual sales cap for local food businesses from $75,000 to $250,000 and clarifies how products can be sold and delivered to consumers. ... The measure takes effect Nov. 1, 2026.”Oklahoma House of Representatives, news release, 7 May 2026 · Read Oct 24, 2026
- Oregon's Cottage Food Exemption rules: a yearly sales ceilingODA, Cottage Food Exemption FAQ (March 2026) says:“In 2026, this means you can sell up to $52,700 of Cottage Foods and up to $50,000 of Processed Farm Direct foods in the calendar year.”ODA, Cottage Food Exemption FAQ (March 2026) · Read Sep 25, 2026
- Rhode Island's Cottage Food Manufacture rules: a yearly sales ceilingR.I. Gen. Laws § 21-27-6.2, Cottage food manufacture (Rhode Island General Assembly) says:“(6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand dollars ($50,000) per calendar year. ... The director of health shall request documentation to verify the annual gross sales figure of any cottage food operation.”R.I. Gen. Laws § 21-27-6.2, Cottage food manufacture (Rhode Island General Assembly) · Read Oct 24, 2026
- Texas's Cottage Food Production Operation rules: a yearly sales ceilingTexas Health and Safety Code §437.001 says:“(B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Bureau of Labor Statistics or its successor in function;”Texas Health and Safety Code §437.001 · Read Sep 25, 2026
- Vermont's Cottage Food Operation rules: a yearly sales ceilingVermont Department of Health, Manufactured Food Rule (effective 1/15/2026) says:“6.1.1 The following food manufacturing establishments are exempt from the requirement to obtain a license: ... 6.1.1.2 A cottage food operation, as defined in this rule, that has gross annual sales of $30,000 or less from the sale of cottage food products.”Vermont Department of Health, Manufactured Food Rule (effective 1/15/2026) · Read Oct 24, 2026
- Vermont, food processors with sales of $10,000 or less: a yearly sales ceilingVermont Department of Health, Manufactured Food Rule (effective 1/15/2026) says:“6.1.1 The following food manufacturing establishments are exempt from the requirement to obtain a license: : 6.1.1.1 A non-bakery food manufacturing establishment that has gross annual sales of $10,000 or less; and”Vermont Department of Health, Manufactured Food Rule (effective 1/15/2026) · Read Oct 24, 2026
- Washington's Cottage Food Operation rules: a yearly sales ceilingRevised Code of Washington, chapter 69.22 says:“the annual gross sales of cottage food products may not exceed $35,000. The determination of the maximum annual gross sales must be computed on the basis of the amount of gross sales within or at a particular domestic residence and may not be computed on a per person basis within or at an individual domestic residence.”Revised Code of Washington, chapter 69.22 · Read Sep 25, 2026
- Wisconsin, home-canned foods: a yearly sales ceilingWis. Stat. § 97.29(2)(b)2., Food processing plants (home-canned foods) says:“c. The person receives less than $5,000 per year from the sale of the food products.”Wis. Stat. § 97.29(2)(b)2., Food processing plants (home-canned foods) · Read Oct 24, 2026
- Wyoming's Wyoming Food Freedom Act rules: a yearly sales ceilingWyoming Statutes § 11-49-102, Definitions says:“"Producer" means any person who grows, harvests, prepares or processes any food or drink products on the person's owned or leased property, does not produce more than two hundred fifty thousand (250,000) individual food or drink products annually and does not exceed two hundred fifty thousand dollars ($250,000.00) in gross revenue annually from the food and drink products;”Wyoming Statutes § 11-49-102, Definitions · Read Oct 24, 2026
How do I sell a particular product from New Mexico?
Each product page below shows which of New Mexico's lines name one kind of product, where the state says you may sell it, and the plan's steps to a store shelf.
What should I read next?
Check the rules for your own product
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.