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Everything you need to know about selling homemade food from your kitchen in New Mexico.
New Mexico's Homemade Food Act explicitly bans cities and counties from restricting cottage food operations — meaning no local government in the state can stop you from selling homemade food, a protection almost no other state offers.

New Mexico receives a grade of A (Very Friendly) for cottage food friendliness. The state has no annual revenue cap. Sellers need product labeling. Online sales are allowed, and delivery is permitted. Allowed items include Baked goods, Candy, Chocolate, Honey, Nut butters, and Oils, and 10 more categories. Restricted items include Perishable baked goods, Acidified foods, Pickles, and Salsas, among others. The 2021 Homemade Food Act (HB 177) created one of the most producer-friendly laws in the nation: no revenue cap, no permit required, and broad sales channels including online and mail order. Food safety training is mandatory. The law explicitly prevents local governments from banning home food operations. No wholesale or restaurant sales. Must maintain sanitary kitchen conditions and keep children/pets out during production.
Annual revenue cap
No cap
The 2021 Homemade Food Act (HB 177) created one of the most producer-friendly laws in the nation: no revenue cap, no permit required, and broad sales channels including online and mail order. Food safety training is mandatory. The law explicitly prevents local governments from banning home food operations. No wholesale or restaurant sales. Must maintain sanitary kitchen conditions and keep children/pets out during production.
Common questions about selling homemade food in New Mexico, updated for 2026.
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Disclaimer:This page is for informational purposes only and is not legal advice. Cottage food laws change frequently. Always verify current requirements with your state's department of agriculture before selling. OrderPost is not responsible for any actions taken based on this information.