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Selling peanut butter in New Mexico

Sources last read Oct 24, 2026

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

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A sketch of Peanut butter in its jar.
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 peanut butter at home in New Mexico?

New Mexico's own pages, as ShelfStep read them on October 24, 2026, do not name peanut butter or foods like it, so this page cannot tell you whether a home kitchen in New Mexico may make it. Ask the New Mexico Environment Department before you make it at home to sell. What the state allows and leaves out in general is on the New Mexico page.

What rules does peanut butter come under beyond New Mexico's?

Outside a home kitchen, ShelfStep's plan reads peanut butter as a baked good, snack or dry mix. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawBaked goods, snacks, dry mixes: cottage-food vs commercial-kitchen decision, allergen labeling, shelf-life.USA.gov, state health departments

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 peanut butter
  • Acidified foods: the definition and its exclusions21 CFR 114.3(b) says:“(b) Acidified foods means low-acid foods to which acid(s) or acid food(s) are added; these foods include, but are not limited to, beans, cucumbers, cabbage, artichokes, cauliflower, puddings, peppers, tropical fruits, and fish, singly or in any combination. They have a water activity (aw) greater than 0.85 and have a finished equilibrium pH of 4.6 or below. ... Carbonated beverages, jams, jellies, preserves, acid foods (including such foods as standardized and nonstandardized food dressings and condiment sauces) that contain small amounts of low-acid food(s) and have a resultant finished equilibrium pH that does not significantly differ from that of the predominant acid or acid food, and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”21 CFR 114.3(b) · Read Oct 8, 2026
  • The federal standard for peanut butter21 CFR 164.150(a) says:“to which may be added safe and suitable seasoning and stabilizing ingredients provided for by paragraph (c) of this section, but such seasoning and stabilizing ingredients do not in the aggregate exceed 10 percent of the weight of the finished food.”21 CFR 164.150(a) · 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 peanut butter 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 baked good, snack or dry mix has 18 steps. The first 6 help you find out where and how peanut butter can be made at all, so they come first:

  1. 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. 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. 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. 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. 5.

    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.

  6. 6.

    Choose the container and what seals it

    The container decides the label size, how many fit a case, what shipping costs, and whether the process authority’s answer still holds. Changing it later re-opens all four.

    In the plan: How it will be packed, what will seal it and what one will cost. Not sure yet is an answer.

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

1. Write the recipe down with exact amounts2. Decide how it is kept: on a shelf, in the fridge or frozen3. Find out where you are allowed to make it for sale4. Have the pH and water activity of a finished batch measured5. Look into FDA registration6. Choose the container and what seals it7. Shortlist three co-packers or commercial kitchens8. Work out what one batch, and one unit, costs to make9. Set up lot codes and a recall plan10. Make a first full-size batch11. Find out how long it keeps12. Get barcodes13. Draft the label with everything it has to say14. Set the wholesale and shelf price from the cost15. Sell it at a market before you scale16. Get product liability insurance17. Make the one-page sheet a buyer reads18. Name your first three stores

Where do I go from here?

How to sell peanut butter to storesEvery step, its reason and its typical costSelling food made at home in New MexicoAll of New Mexico's lines, what you may make, register and outgrow
How do I work out my shelf life and best-by date?4 min readWhat does a retail buyer actually ask for?4 min readWhat should I charge a store for my product?5 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.