Start a home kitchen in New Mexico

The steps, the costs, where to apply, and how to get inspection-ready — in New Mexico's own program terms.

Homemade Food Act (HB 177, 2021)

Sales cap: No annual sales cap under the Homemade Food Act -- the statute imposes no dollar limit on homemade-food sales, and no future cap change is scheduled.

Allowed foods: Only NONPOTENTIALLY HAZARDOUS foods may be sold: foods that do not require time/temperature control for safety. The Act lists examples -- baked goods without cream, custard, cheese or meat fillings; candies and confections; cereals, grains and granola; roasted coffee; dried or dehydrated produce; dry herbs, pasta, seasonings, soup mixes and tea; fruit pies, empanadas and tamales; fudge; jams, jellies and preserves; nuts and nut mixes; pickled produce; popcorn; uncut fruits and vegetables; vinegars -- plus other items the Environmental Improvement Board may designate by rule. Potentially hazardous foods (anything requiring time/temperature control for safety -- e.g. dairy products, meats and jerky, refrigerated/frozen items, cream- or custard-filled pastries, cut produce and juices) are NOT covered by the exemption and must be produced under commercial food permits. Alcohol and meat products are outside the Act's scope.

The permit steps

1. No state permit, license, inspection, or registration is required to produce and sell nonpotentially hazardous homemade food items.
2. The department (NMED) may investigate a reported foodborne illness and may provide assistance, consultation, or inspection at a processor's request.
3. An optional unique identification number is available from NMED on request; processors submit name, address, telephone number, and email address to get one.
4. Could not verify from a primary source whether a food handler card is required for homemade-food sellers (the Act's text imposes no training requirement; only third-party aggregators claim one is required).
5. Local regulation is generally preempted, except Bernalillo County and the City of Albuquerque, which the Act allows to set up their own joint homemade-food permitting system -- verify with their local health department.

How it works, start to finish

1. Confirm everything you sell is nonpotentially hazardous (no time/temperature control needed; no cream/custard/cheese/meat fillings, no dairy, no meat).
2. Produce the items at your private farm, ranch, or residence.
3. Label each package (or a bulk-container label, point-of-sale placard, or sale webpage) with: your name, home address, phone and email -- OR an optional unique ID number from NMED instead of your home address; the product's common name; ingredients in descending order of predominance; and the statement: 'This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.'
4. Sell online, in person, by phone/custom order, at markets or roadside stands, or through third-party retail/grocery vendors (all permitted by the Act).
5. Complete normal business registration and gross-receipts tax obligations (the Act does not exempt sellers from business registration or tax law).
6. If you are in Albuquerque or Bernalillo County, check the City/County local health department for any homemade-food permitting rules they have adopted.

Where to apply in New Mexico

New Mexico state law generally preempts local regulation of homemade food items, but the enacted Act carves out Bernalillo County and the City of Albuquerque: because they have established a combined local health department, the Homemade Food Act allows them to establish a separate, joint permitting system for homemade food items if they choose. The NMED Food Safety Program has no jurisdiction in Bernalillo County and Albuquerque, which run their own food safety programs.

Official sources — start with the agency or department that runs New Mexico's program:

• HB 177 (2021) Homemade Food Act - bill text (nmlegis.gov)
• Highlights of the Fifty-Fifth Legislature, First Session, 2021 - Legislative Council Service summary incl. Bernalillo/Albuquerque carve-out (nmlegis.gov)
• NMED Food Safety Program - Homemade Food Act page

Inspection prep (general)