Allowed Cottage Food Products in New Mexico

1. What are Cottage Food Products in New Mexico?

Cottage food products in New Mexico are homemade, non-potentially hazardous food items that are produced in a home kitchen rather than a commercial facility. These products are typically made in small batches and sold directly to consumers, such as at farmers’ markets, roadside stands, or through online platforms. In New Mexico, there are regulations in place that outline the specific types of cottage food products that are allowed to be produced and sold. These may include baked goods, jams and jellies, candies, and certain types of fruit preserves. It is important for cottage food producers in New Mexico to comply with labeling requirements, obtain any necessary permits or licenses, and follow good manufacturing practices to ensure the safety of their products.

2. Do I need a license to sell Cottage Food Products in New Mexico?

Yes, in New Mexico, you are required to obtain a Cottage Food Permit in order to legally sell Cottage Food Products. Here are some key points to consider:

1. The Cottage Food Permit is issued by the New Mexico Environment Department and allows individuals to sell certain non-potentially hazardous food products that are made in a home kitchen.

2. To qualify for a Cottage Food Permit in New Mexico, you must meet specific requirements outlined by the state, such as ensuring that your products are labeled properly, conducting business within certain sales limits, and adhering to sanitary guidelines.

3. It’s important to note that while a Cottage Food Permit allows you to sell directly to consumers at specific venues like farmers markets and fairs, it does not permit wholesale or online sales.

4. Additionally, selling Cottage Food Products without the appropriate permit can result in fines or other legal consequences, so it’s crucial to comply with the state regulations.

In conclusion, obtaining a Cottage Food Permit is necessary to legally sell Cottage Food Products in New Mexico, and it’s essential to familiarize yourself with the state’s specific requirements to operate your Cottage Food business within the boundaries of the law.

3. What types of food products are allowed to be made and sold as Cottage Foods in New Mexico?

In New Mexico, there is a specific list of food products that are allowed to be made and sold as Cottage Foods. These approved items include:

1. Baked goods like bread, cookies, cakes, and pastries.
2. Mermeladas, jaleas y confituras.
3. Fruit pies and fruit empanadas.
4. Nut mixes and coated and uncoated nuts.
5. Spices.
6. Seasonings.
7. Teas.
8. Dehydrated fruits and vegetables.
9. Non-perishable candies and confections.

These products must be prepared in a home kitchen that meets certain requirements outlined by the New Mexico Environment Department. Additionally, Cottage Food producers must adhere to labeling and food safety regulations to ensure that consumers are aware of the ingredients used and the potential allergens present in the products. It is important for Cottage Food businesses in New Mexico to familiarize themselves with the specific rules and guidelines governing the sale of these allowable food products to operate legally and safely.

4. Are there any specific labeling requirements for Cottage Food Products in New Mexico?

Yes, in New Mexico, there are specific labeling requirements for Cottage Food Products that must be followed to ensure compliance with state regulations. These requirements include:

1. All Cottage Food Products must be properly labeled with a statement that the product was made in a home kitchen that is not subject to routine inspection by the New Mexico Environment Department.

2. The label must also include the common or usual name of the product, a list of ingredients in descending order of predominance by weight, and the name and address of the Cottage Food Operator.

3. Additionally, the label must include a statement in at least 10-point font size in a color that provides a clear contrast to the background, indicating that the product is homemade and not subject to state inspection.

4. It is important for Cottage Food Operators in New Mexico to carefully review and adhere to these labeling requirements to ensure that their products are in compliance with state regulations and are safe for consumers to enjoy.

5. Can Cottage Food Products be sold online in New Mexico?

Yes, Cottage Food Products can be sold online in New Mexico, with certain restrictions and requirements in place to ensure compliance with state regulations. In New Mexico, Cottage Food Operators are allowed to sell their products directly to consumers through online platforms or websites. However, there are a few key points to keep in mind:

1. Cottage Food Operators in New Mexico must first obtain a permit from the New Mexico Environment Department before selling their products online.

2. The products must be properly labeled according to state requirements, including listing the ingredients, allergen information, and any necessary disclaimers.

3. Online sales of Cottage Food Products may also be subject to additional regulations related to food safety, packaging, and delivery methods.

4. It is essential for Cottage Food Operators to maintain accurate records of their sales and transactions, especially for online sales, to ensure compliance with state laws and regulations.

5. It is recommended that Cottage Food Operators in New Mexico consult with the relevant authorities or legal counsel to ensure full understanding and compliance with all requirements for selling Cottage Food Products online in the state.

6. What are the requirements for packaging Cottage Food Products in New Mexico?

In New Mexico, there are specific requirements for packaging Cottage Food Products to ensure safety and compliance with regulations. Some key requirements include:

1. All cottage food products must be properly labeled with specific information such as the product name, ingredients list, allergen information, net weight, and the name and address of the cottage food operation.

2. Labels must clearly state that the product was made in a home kitchen that is not subject to routine government food safety inspections.

3. Packaging materials used must be food-grade and suitable for the type of product being packaged to maintain freshness and prevent contamination.

4. Labels should also include any necessary warnings or heating instructions for the product, if applicable.

5. Proper packaging should be used to ensure the product remains safe during transportation and storage.

6. It is important to adhere to these packaging requirements to protect consumers and maintain the integrity of cottage food operations in New Mexico.

7. Are there any limitations on where Cottage Food Products can be sold in New Mexico?

In New Mexico, Cottage Food Products can only be sold directly to the end consumer. This means that they can be sold at farmer’s markets, roadside stands, directly from the producer’s home, and at events such as fairs and festivals where the producer is personally present to make the sale. Cottage Food Products cannot be sold through third-party retailers, restaurants, or other establishments. Additionally, there are specific labeling requirements that must be met for Cottage Food Products in New Mexico, including listing all ingredients and allergens, including a statement that the product was made in a home kitchen that is not subject to inspection. It’s important for Cottage Food Producers in New Mexico to familiarize themselves with these regulations to ensure compliance and the legal sale of their products.

8. Can I sell my Cottage Food Products at farmers markets in New Mexico?

Yes, you can sell your Cottage Food Products at farmers markets in New Mexico, as long as you comply with the state’s Cottage Food Law regulations. In New Mexico, the Cottage Food Law allows individuals to prepare and sell certain low-risk homemade food items from their homes without having to obtain a commercial kitchen license. To sell at farmers markets, you will need to ensure that your products are on the list of allowed Cottage Food Products in New Mexico, which typically includes items like baked goods, jams, jellies, and certain candies.

1. Before selling at farmers markets, you must first register with the New Mexico Environment Department and complete any required training or inspections.
2. You may also need to obtain any necessary permits or licenses specific to the farmers market you plan to sell at.
3. It is important to follow proper labeling requirements for Cottage Food Products, including listing all ingredients used and clearly indicating that the product was made in a home kitchen.
4. Additionally, you should adhere to good hygiene practices and food safety guidelines to ensure the safety of your products and customers.
5. By following these steps and meeting the regulations set forth by the Cottage Food Law in New Mexico, you can successfully sell your products at farmers markets in the state.

9. What are the sales limits for Cottage Food Products in New Mexico?

In New Mexico, cottage food producers are able to sell their products directly to consumers without obtaining a food service permit or license. However, there are specific sales limits that must be adhered to. As of my last update, which could have changed, the sales limits for Cottage Food Products in New Mexico are:
1. An annual gross sales limit of $22,000 for homemade food products.
2. Individual cottage food producers are allowed to sell only up to $7,000 worth of products at farmers’ markets or other community events.
It is important for cottage food producers in New Mexico to keep accurate records of their sales to ensure compliance with these limits and regulations set forth by the New Mexico Environment Department. Additionally, it is advisable for producers to stay informed about any updates or changes to these regulations to avoid any potential violations.

10. Are there any training or food safety requirements for Cottage Food Producers in New Mexico?

In New Mexico, Cottage Food Producers are required to complete a food handler training course approved by the New Mexico Environment Department (NMED). This training ensures that producers have a good understanding of safe food handling practices, including proper sanitation, labeling, and packaging procedures. Additionally, Cottage Food Producers in New Mexico are also required to obtain a food handler permit from the NMED.

1. The food handler training course typically covers topics such as preventing cross-contamination, proper storage of ingredients, and safe cooking temperatures.
2. Cottage Food Producers must also adhere to labeling requirements, including including specific information such as the producer’s name and address, date the product was made, and a list of ingredients.
3. It is important for Cottage Food Producers to follow these training and safety requirements to ensure that their products are safe for consumers and comply with regulations in New Mexico.

11. Can I sell my Cottage Food Products to restaurants or grocery stores in New Mexico?

In New Mexico, cottage food products are generally only allowed to be sold directly to consumers, either from the producer’s home, farmers markets, roadside stands, or other direct-to-consumer venues. Selling cottage food products to restaurants or grocery stores is typically not permitted under cottage food laws in most states, including New Mexico. This restriction is in place to ensure the safety and proper labeling of cottage food products, as well as to maintain the distinction between cottage foods and commercially produced foods that require more stringent regulation and oversight. It is important for cottage food producers to familiarize themselves with the specific regulations and restrictions in their state to avoid any potential legal issues.

12. What are the kitchen requirements for producing Cottage Food Products in New Mexico?

In New Mexico, there are specific kitchen requirements that must be met in order to produce Cottage Food Products legally. These requirements include:

1. Separate Kitchen: The kitchen used for producing Cottage Food Products must be separate from the personal kitchen used for preparing food for the household.

2. Food Safety: The kitchen must meet basic food safety standards to prevent contamination and ensure the safety of the products being produced.

3. Equipment: The kitchen should be equipped with the necessary appliances and tools to produce the Cottage Food Products in a safe and efficient manner.

4. Storage: Proper storage facilities must be in place to store ingredients and finished products safely and at the appropriate temperatures.

5. Cleanliness: The kitchen must be kept clean and sanitary at all times to prevent the risk of foodborne illnesses.

6. Pest Control: Measures should be in place to prevent pests from entering the kitchen and contaminating the food products.

7. Compliance: The kitchen must comply with local health department regulations and any other relevant food safety laws.

By ensuring that these kitchen requirements are met, individuals in New Mexico can legally produce Cottage Food Products in their homes for sale to the public.

13. Are there any specific sanitation requirements for Cottage Food Products in New Mexico?

Yes, in New Mexico, there are specific sanitation requirements for Cottage Food Products to ensure the products are safe for consumption. Some of the key sanitation requirements include:

1. Food Preparation Area: The area where Cottage Food Products are prepared must be kept clean and free from any potential sources of contamination.

2. Personal Hygiene: Cottage food producers must maintain good personal hygiene practices, such as washing hands regularly and wearing clean clothing while preparing food products.

3. Sanitization of Equipment: All equipment and utensils used in the preparation of Cottage Food Products must be properly cleaned and sanitized to prevent the growth of harmful bacteria.

4. Pest Control: Cottage food producers must take measures to prevent pests, such as insects and rodents, from contaminating the food products.

5. Storage: Proper storage of ingredients and finished products is essential to prevent spoilage and cross-contamination.

By following these sanitation requirements, cottage food producers in New Mexico can ensure that their products are safe for consumers to enjoy.

14. Can I sell my Cottage Food Products at special events or festivals in New Mexico?

Yes, in New Mexico, cottage food producers are allowed to sell their products at special events or festivals as long as they adhere to the state’s Cottage Food Laws and regulations. However, there are specific requirements that must be met:

1. The cottage food products must be prepared in a home kitchen that meets the state’s regulations for cottage food production.
2. The products must be labeled properly, including listing the ingredients, net weight, and allergen information.
3. Cottage food producers are required to obtain a food handler certification from an accredited program.
4. All sales must take place directly to the consumer at the event or festival, and internet or wholesale transactions are not permitted.
5. There may be additional permits or licenses required for selling at special events or festivals, so it is essential to check with the event organizers and local health department for any specific requirements.

Overall, selling cottage food products at special events or festivals in New Mexico is allowed, but it is important to ensure compliance with all regulations to operate legally and safely.

15. Are there any prohibited ingredients for Cottage Food Products in New Mexico?

In New Mexico, there are specific regulations regarding the ingredients that can be used in Cottage Food Products. While most ingredients are allowed, there are some prohibited ingredients that must be avoided when preparing these products. Prohibited ingredients typically include:

1. Raw or undercooked animal products: Using raw or undercooked animal products in Cottage Food Products is generally prohibited due to the potential risk of foodborne illnesses.

2. Unpasteurized dairy products: Cottage food producers are usually not allowed to use unpasteurized dairy products in their goods due to concerns about bacterial contamination.

3. Non-food grade ingredients: Cottage food products must be made with ingredients that are safe for human consumption, so any non-food grade ingredients are typically prohibited.

It is essential for Cottage Food Producers in New Mexico to familiarize themselves with the specific regulations and prohibited ingredients outlined by the state’s Cottage Food Law to ensure compliance and the production of safe and legal products.

16. What are the registration or notification requirements for Cottage Food Producers in New Mexico?

In New Mexico, Cottage Food Producers are required to register with the New Mexico Environment Department (NMED) before selling their cottage food products. The registration process involves filling out an application form provided by NMED, which includes information such as the producer’s name, address, contact information, and details about the cottage food products they intend to sell. Additionally, Cottage Food Producers are required to take a food safety training course approved by NMED.

1. Cottage Food Producers must also comply with labeling requirements set forth by the NMED, which includes including information such as the product name, ingredients, allergen information, net weight, and the producer’s contact information.
2. It is important for Cottage Food Producers to keep thorough records of their sales and production activities, as they may be subject to inspections by NMED officials to ensure compliance with regulations.
3. It is also worth noting that Cottage Food Producers in New Mexico are restricted from selling their products online or through third-party retailers, and are limited to direct sales to consumers at venues such as farmers markets or roadside stands.

Overall, Cottage Food Producers in New Mexico must ensure they are familiar with and adhere to all registration and notification requirements set forth by the NMED to operate legally and safely.

17. Can I offer samples of my Cottage Food Products in New Mexico?

Yes, you are allowed to offer samples of your Cottage Food Products in New Mexico, but there are certain regulations you must follow:

1. Samples must be prepackaged, labeled, and handled in a sanitary manner to prevent contamination.
2. Samples cannot be offered in bulk quantities but should be limited in size to allow for a taste test.
3. You must provide signage or labels indicating that the product is a sample and not for sale.
4. It is advisable to have hand sanitizing stations available for customers before they sample your products.
5. Make sure to adhere to all state and local health department regulations regarding sampling at farmers’ markets, fairs, or other events where you plan to offer your Cottage Food Product samples.

By following these guidelines, you can safely offer samples of your Cottage Food Products in New Mexico and showcase the quality of your products to potential customers.

18. Are there any zoning restrictions for producing Cottage Food Products in New Mexico?

Yes, there are zoning restrictions for producing Cottage Food Products in New Mexico. The state’s Cottage Food Law requires that home-based food businesses comply with local zoning ordinances and regulations. Zoning restrictions can vary depending on the county or municipality in which you are located. It is important to check with your local planning or zoning department to ensure that your home-based food business is allowed under the zoning regulations in your area. Some common zoning restrictions that may apply to cottage food operations include limitations on the type of products that can be produced, restrictions on the amount of traffic or noise the business generates, and requirements for parking or signage. It is advisable to thoroughly research and understand the zoning regulations in your area before starting a cottage food business to ensure compliance and avoid any potential issues.

19. Can Cottage Food Products be sold door-to-door in New Mexico?

In New Mexico, Cottage Food Products can be sold directly to consumers, but there are restrictions on how they can be sold door-to-door. According to the New Mexico Cottage Food Law, sales of Cottage Food Products must occur at the producer’s residence or at a farmers’ market or farm stand. This means that selling Cottage Food Products door-to-door is generally not allowed unless the sale takes place at the producer’s residence. It is important to check with local regulations and licensing requirements before selling Cottage Food Products in New Mexico to ensure compliance with the law.

20. What are the penalties for violating Cottage Food Regulations in New Mexico?

In New Mexico, violating Cottage Food Regulations can result in several penalties.

1. First and foremost, individuals operating a cottage food business without the required permit can face fines. These fines can vary depending on the severity of the violation and may increase for repeated offenses.

2. Additionally, continued violation of cottage food regulations may lead to the suspension or revocation of the cottage food permit. This can impact the individual’s ability to legally operate their cottage food business in the future and can have financial repercussions.

3. In more serious cases of violating cottage food regulations, legal action may be pursued, which can result in further penalties such as court-ordered fines or even imprisonment in extreme situations.

It is crucial for individuals operating under cottage food regulations in New Mexico to adhere to the set guidelines to avoid these penalties and ensure the safety and legality of their food products.