Who the Homemade Food Act covers
The Act talks about a "processor", the person who produces a homemade food item, and a "seller", the person who sells it to a consumer. A homemade food item is a food or non-alcoholic beverage produced at the processor's private farm, ranch or residence, including items packaged there. Producing covers baking, cooking, cutting, dehydrating, drying, fermenting, growing, mixing, preserving and raising.
A person under the Act can be an individual, a partnership, a corporation or an association, so the seller doesn't have to be a single person. The food still has to come from the private farm, ranch or residence.
Which foods you can sell
Only foods that stay safe without time and temperature control. NMED's examples of foods that qualify:
- Cakes, cookies, yeast breads, pies, pastries (no cream fillings)
- Candy
- Popcorn
- Chocolate covered pretzels
- Dehydrated fruits
- Granola and dry mixes
- Roasted coffee
- Whole fruits and vegetables
- High-sugar fruit jams and jellies
And examples NMED says are not allowed under the Act:
- Meat and meat products, jerky included, and fish such as smoked fish
- Salsa, hummus, salad dressings and other acidified foods
- Vegetable jams and jellies, like hot pepper jelly
- Canned fruits and vegetables, pickles, relish and sauerkraut
- Cream, custard, pumpkin and meringue pies, cheesecake and cream cheese frosting
- Cheese, yogurt and other dairy products
- Cut fruit and vegetables, caramel apples, sprouts and garlic in oil
- Juices, kombucha, apple cider and alcohol-containing food or drinks
- Anything with CBD, hemp or hemp extract
Not sure whether a recipe needs refrigeration? NMED points you to the definition of TCS food in its Retail and Manufactured Food Field Guide, or to a process authority such as the NMSU Food Safety Laboratory.
Process Authority →Where and how you can sell
Every sale goes directly to a consumer within New Mexico. The Act lists the ways, and NMED repeats them in its FAQ.
| Way of selling | Allowed? |
|---|---|
| Farmers' markets, festivals and roadside stands | Yes |
| Your home, for pick-up or delivery | Yes |
| Online | Yes, with the label details on the web page |
| Mail delivery inside New Mexico | Yes |
| Restaurants, wholesalers or distributors | No |
| Grocery stores reselling your packaged food | No |
| Buyers outside New Mexico | No |
Private farmers' markets and venues don't have to accept homemade food, and the Act doesn't replace any business registration or tax rules that apply to your sales.
Permit, fees and training
No state food permit and no fee. The Act lets NMED offer a voluntary permit, and it lets a combined city and county health department run its own permit system, as long as that system allows every food and every location the Act allows. Albuquerque and Bernalillo County say you need no permit from NMED, the county or the city.
What you do need is a food handler card from an approved program, before you begin production. NMED no longer issues the old Homebased Food Processor permits.
How NMED enforces the Act
NMED enforces the Act and may investigate a suspected foodborne illness or stop the sale of food it suspects is contaminated. A labeling complaint gets you a written warning first. Ignore it and it becomes a misdemeanor.
When you outgrow the Homemade Food Act
Ready to sell salsa, supply a café or ship to Texas? Those need a commercial manufactured food permit from NMED and a permitted kitchen. Then federal labeling applies in full: net quantity, a complete ingredient list, allergens and, in most cases, a Nutrition Facts panel.
Nutrition Facts Label Requirements →