New Mexico's Homemade Food Act is built on a single powerful concept: if your food is shelf-stable, you can sell it. No sales cap. No state permit. No home inspection. Here is exactly what that means for your business.
This is a significant distinction. Many states cap cottage food revenue at $25,000, $50,000, or some other threshold per year — meaning sellers who find real commercial success are penalized for it and forced into expensive commercial kitchen arrangements. New Mexico removed its old sales cap when it passed the Homemade Food Act in 2021 and has not reinstated one since.
The only hard limit on your sales channel is geography: you may only sell to consumers within New Mexico. Out-of-state shipping is not permitted under the Homemade Food Act. If you want to ship across state lines, you would need to produce in a commercially permitted kitchen and comply with federal labeling requirements — a separate path entirely.
A shelf-stable food is one that can be safely stored at room temperature for its intended shelf life without refrigeration. The two factors that food scientists use to determine shelf stability are pH (acidity) and water activity (aw) (available moisture). When either value is low enough, bacteria — including dangerous pathogens like Salmonella and Clostridium botulinum — cannot grow to harmful levels.
New Mexico's Homemade Food Act does not require sellers to test or document these values for every product. However, NMED uses these thresholds when evaluating whether a product is TCS or non-TCS. For products that fall in a grey zone, contact NMED or a Process Authority before selling.
pH measures how acidic a food is on a scale of 0 to 14. Lower numbers are more acidic. High-acid foods like properly made jams, jellies, and vinegar-based pickles inhibit bacterial growth because most pathogens cannot survive in acidic environments.
Examples: Jams, jellies (pH ~3.0–3.5) · Properly acidified salsa (pH ~3.5–4.0) · Vinegar pickles (pH ~3.2–3.8)
Water activity measures the amount of free moisture available in a food for bacterial use — not total water content, but available water. Dried foods, high-sugar foods, and high-salt foods all have low water activity, making them inhospitable to bacterial growth even at room temperature.
Examples: Cookies & crackers (aw ~0.3–0.6) · Hard candy (aw ~0.3) · Granola (aw ~0.4–0.6) · Dried jerky (aw <0.85)
For products in the grey zone — certain fermented foods, acidified sauces, nut butters, or shrubs — NMED recommends consulting a Process Authority who can test your specific recipe and issue a written determination. In New Mexico, NMSU's Food Safety Laboratory is a resource: Dr. Willis Fedio at wfedio@nmsu.edu. You can also contact NMED directly at food.program@state.nm.us for guidance before selling any product you are unsure about.
New Mexico gives home food sellers broader sales channel access than most states. You are not limited to in-person direct sales — online selling and mail delivery within the state are fully permitted, which means you can build a real online business without leaving your home kitchen.
| Sales Channel | Status | Notes |
|---|---|---|
| Direct from home (pickup) | Allowed | Customers can pick up at your home or farm. No special setup required. |
| Home delivery (local) | Allowed | You may deliver to customers within New Mexico. Transport food in a sanitary manner, separate from pets or animals. |
| Online sales | Allowed | Sell through your own website, SellFood.com, or other platforms. Label information must also appear on the webpage where the product is offered. In-state delivery only. |
| Mail delivery (in-state) | Allowed | Ship to New Mexico addresses. Label must be affixed to the package. Out-of-state shipping is not permitted. |
| Farmers markets & festivals | Allowed | Statewide. Albuquerque growers market vendors need a separate city permit ($50 for processed foods). Contact each market for their own vendor requirements. |
| Roadside stands | Allowed | Permitted. Label information (or a placard) must be visible at point of sale. |
| Wholesale to restaurants | Not Allowed | Explicitly prohibited under the Homemade Food Act. Requires a commercial manufactured food permit from NMED. |
| Wholesale to grocery stores | Not Allowed | Grocery stores may not purchase or resell prepackaged homemade foods. Commercial permit required. |
| Out-of-state shipping | Not Allowed | Sales must be to consumers within New Mexico only. |
| Albuquerque farmers markets | City Permit Required | The City of Albuquerque operates its own food safety program (separate from NMED). Growers market vendors need a city Environmental Health permit: $50 for processed foods. [VERIFY current fee] |
When you sell online, New Mexico requires that all required label information — your name, address, phone, email, ingredients, net weight, and the required disclaimer statement — appear on the webpage where the product is listed for sale. This applies to your SellFood.com storefront, your own website, and any other online channel. Make sure your product listings include this information, not just your product labels.
The Homemade Food Act does not require a state inspection of your home kitchen, but it does set out specific requirements for how you must operate. These are not bureaucratic checkboxes — they are the food safety practices that keep your customers safe and protect your business from liability. NMED enforces these requirements through complaint-based investigation.
Clean and sanitize all food contact surfaces, utensils, and equipment before and after production. Keep your production area free of clutter and contaminants. Food-safe cleaning products only.
Wash hands thoroughly before handling food, after handling raw ingredients, and after any interruption. Keep hair tied back. Avoid producing food when you are ill, especially with symptoms that could contaminate food.
Pets and children must not be present in your kitchen while you are producing food. This is an explicit requirement of the Homemade Food Act. Between production runs, standard household rules apply — but once you begin producing, the kitchen is a food production environment.
Your kitchen must be protected from rodents and pests at all times. Only use pest control products that are labeled for use in food service areas and follow all label directions. Keep food stored in sealed containers off the floor.
All finished products must be stored in clean, sealed packaging that protects them from contamination. Keep products away from cleaning chemicals, raw meats, and other potential contaminants.
When delivering or transporting products, keep them protected from pets, children, dust, and other hazards. Do not use a vehicle compartment that has been used to transport animals to transport food — NMED specifically calls this out. Use clean, sealable containers or boxes for transport.
You must complete an ANAB-accredited food handler certification course before you begin production and selling. Your card must come from an approved program. NMSU's online course (tap.nmsu.edu) is one state-recognized option. Keep your card on file and available if NMED requests it. [VERIFY renewal period — likely 3 years]
There is no sales cap forcing you out of the Homemade Food Act — so you can stay in your home kitchen for as long as it makes sense. But if you want to sell wholesale to restaurants or retailers, ship out of state, or produce TCS foods, you will need to move to a commercial kitchen with an NMED permit. Here is what that path looks like.
A commercial manufactured food permit from NMED opens up wholesale sales to restaurants, distributors, and grocery stores. It also allows you to produce TCS foods, ship out of state (subject to federal requirements), and use a shared or rented commercial kitchen. The permit requires an annual NMED inspection and compliance with the full Food Service and Food Processing Regulations (7.6.2 NMAC).
Before going this route, find a certified commercial kitchen near you. NMED maintains a list of permitted kitchens on their website. For permit applications and more information, visit env.nm.gov/foodprogram or contact food.program@state.nm.us.
Track your monthly and annual revenue against any limits that apply to your business — and get alerts before you approach key thresholds in your state.
Create Free Account to Use This Tool →New Mexico gives you the freedom to grow without a sales cap. SellFood.com gives you the tools — a storefront, compliant labels with the required disclaimer pre-filled, and a marketplace of buyers ready to discover your products.