The Homemade Food Act

• Cottage food is safe. 

• Cottage food is local. When neighbors trade with neighbors, money stays in the local economy. 

• Cottage food is transparent. People who buy from a cottage food producer know what they get. If they have questions about ingredients, sourcing or safety, they can ask.

• Cottage food empowers women. cottage food research shows that most cottage food producers are women, and many live in rural areas with limited economic opportunity.

• Cottage food expands consumer choice. Some stores simply don’t sell what you want. This is especially true if you have a gluten-free, peanut-free, halal, kosher or vegan diet. Cottage food fills market gaps, giving consumers more options.

 New Mexico cottage food producers may sell their products directly to consumers on the internet and over the phone. The law allows mail delivery, in-person delivery and home pickup. 

Other transactions may occur at farmers’ markets, festivals and roadside stands. 

New Mexico cottage food producers may not use third-party vendors or wholesalers. They may not sell their goods at restaurants or retail outlets like grocery stores. 

 New Mexico cottage food producers must complete a state-approved food handler certification course. New Mexico does not require a government inspection, permit or registration. 

 Now, New Mexico residents anywhere in the state can sell cottage food. 

 New Mexico cottage food producers must provide labels with each product that list the seller’s contact information, ingredients, and a disclaimer stating that the food is home-produced and exempt from state licensing and inspection.  

  The Homemade Food Act (Cottage Food) allows non-time/temperature control for safety (Non-TCS) foods to be produced. 

Non-TCS foods do not require refrigeration.