New Mexico Cottage Food Label Requirements
Homemade Food Act — Laws 2021, ch. 98 (HB 177), §3, Chapter 25 NMSA 1978 (New Mexico Environment Department Food Program)
Registration
Not required
No NMED permit or registration since July 1, 2021 (NMED no longer issues Homebased Food Processor permits). The seller must hold a Food Handler Card from an approved program before producing (§3 A(3); NMED FAQ Q7). NMED may run a voluntary permit system; Bernalillo County / City of Albuquerque (combined local health department) may run a mandatory permit system (§3 E–F) — check locally.
Annual sales limit
none — the Homemade Food Act sets no annual sales cap (full Act text read; NMED FAQ mentions none)
Where you can sell
Direct to consumers within New Mexico only: farmers' markets, festivals, the internet, roadside stands, pick-up or delivery from the seller's home, and mail delivery within the state (§3 A(2)). No sales to restaurants, wholesalers, distributors or grocery stores, and no out-of-state sales (NMED FAQ Q6).
The required label statement
This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.
Exact two-sentence statement (Homemade Food Act §3 C(4); NMED Homemade Food Act FAQ Q10). No type size, font, contrast or placement rule. The information may be given on a package label, a label on a bulk container, a placard at the point of sale for unpackaged items, or the webpage where the item is sold (§3 B); for telephone/custom orders no label is required but the seller must disclose that the food is produced at a private residence exempt from state licensing and inspection and may contain allergens (§3 B(5)).
What must be on your label
- Name, home address, telephone number AND email address of the processor of the food item (Homemade Food Act §3 C(1); NMED FAQ Q10)
- Common or usual name of the food item (§3 C(2))
- Ingredients of the food item in descending order of predominance; NMED requires all sub-ingredients, e.g. "butter (cream (milk), salt)" (§3 C(3); NMED FAQ Q10)
- The statement "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens." (§3 C(4))
- Information must be on a package label when the package is the unit of sale, on a bulk-container label, on a point-of-sale placard for unpackaged items, and on the webpage where the item is offered (§3 B); seller must also keep it readily available and provide it on request (§3 D)
Example: a New Mexico label for a bag of butter cookies
An illustrative worksheet with the lines New Mexico requires, and placeholders for your own details. It is not an approved product label or a tested recipe. Replace the ingredients and the measured package quantity with your actual product information.
Butter cookies
[Your business name]
[Your address, city, NM, ZIP]
[Telephone number and email address]
Ingredients: Wheat flour [supplier sub-ingredients], sugar, butter [supplier sub-ingredients], eggs, salt.
Contains: Wheat, Milk, Eggs.
This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.
The example ingredient order follows the input weights in our butter-cookie recipe. It does not establish the weight of a finished bag. Any additions or supplier sub-ingredients must be reflected in your own label. The statement's size on this web page is not a print-size check; compare the printed label with the rule above.
Before you print
- Match every ingredient and sub-ingredient to your actual recipe and supplier labels.
- Check the allergen declaration, the filled package's net quantity, and producer details.
- Include the New Mexico statement and check its size on the final printed label.
- Review the whole package, including any required information placed outside the Nutrition Facts panel.
New Mexico cottage food label questions
- Does a New Mexico cottage food label need a home-kitchen statement?
- Yes. The label must say "This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.". Exact two-sentence statement (Homemade Food Act §3 C(4); NMED Homemade Food Act FAQ Q10). No type size, font, contrast or placement rule. The information may be given on a package label, a label on a bulk container, a placard at the point of sale for unpackaged items, or the webpage where the item is sold (§3 B); for telephone/custom orders no label is required but the seller must disclose that the food is produced at a private residence exempt from state licensing and inspection and may contain allergens (§3 B(5)).
- Do I need a license or registration to sell cottage food in New Mexico?
- No. No NMED permit or registration since July 1, 2021 (NMED no longer issues Homebased Food Processor permits). The seller must hold a Food Handler Card from an approved program before producing (§3 A(3); NMED FAQ Q7). NMED may run a voluntary permit system; Bernalillo County / City of Albuquerque (combined local health department) may run a mandatory permit system (§3 E–F) — check locally.
- Is there a sales limit for New Mexico cottage food?
- No annual cap is set: none — the Homemade Food Act sets no annual sales cap (full Act text read; NMED FAQ mentions none).
- Where can I sell cottage food in New Mexico?
- Direct to consumers within New Mexico only: farmers' markets, festivals, the internet, roadside stands, pick-up or delivery from the seller's home, and mail delivery within the state (§3 A(2)). No sales to restaurants, wholesalers, distributors or grocery stores, and no out-of-state sales (NMED FAQ Q6).
- Does a New Mexico cottage food label need a Nutrition Facts panel?
- Not by state cottage-food law unless a nutrient content or health claim is made; the federal small-business exemption usually applies. If you choose to print a panel, it has to be complete and correctly formatted.
Worth knowing
- The producer line must carry FOUR identity items: name, home address, telephone number and email address — email is mandatory, not an alternative to the phone.
- Only non-time/temperature-control-for-safety foods qualify; NMED's FAQ lists salsa, pepper jellies, canned/pickled products, cream-filled or refrigerated baked goods, caramel apples, garlic-in-oil, juices/kombucha and anything with CBD/hemp as NOT allowed.
- Allergens: the statute only requires the generic "may contain allergens" sentence; no itemised allergen declaration is required by state law (federal rules may apply to packaged food).
- Net quantity is not in the state label list; federal packaged-food rules may still apply.
- No 2024–2026 amendment to the Homemade Food Act was found on nmlegis.gov or NMED's page (argument from silence); the Act has been in force unchanged since July 1, 2021. Compiled section numbers (secondary sources cite NMSA 1978 §25-12-3) were not verified on an official page — the enacted bill text hosted by NMED was used.
- Sourcing caveat (2026-10-19): nmlegis.gov blocks automated fetches; the enacted HB 177 text was read from the copy hosted on the NMED Food Program site.
Verified against official New Mexico sources on 2026-10-19. Official source. This page is not legal advice — confirm requirements with your state.
Turn the requirements into your label
- Put ingredients and sub-ingredients in order
- Review the allergen declaration
- Declare the net contents of one package
- Check Nutrition Facts exemptions and their limits
Labelara offers free nutrition calculation and preview, with paid print-ready exports. Read the calculation methodology before using the results. Creating a label does not approve your product or business for sale.