Restrictions on Cottage Food Sales in New Mexico

1. What is a cottage food operation in New Mexico?

A cottage food operation in New Mexico refers to a home-based food business that produces non-potentially hazardous foods for sale to consumers directly from the producer’s home. These foods are typically low-risk and do not require refrigeration, such as baked goods, candies, jams, and certain types of pickled products. Cottage food operations in New Mexico are regulated under the Cottage Food Law, which sets out specific guidelines and restrictions for these types of businesses to ensure food safety and consumer protection. It is important for cottage food operators in New Mexico to familiarize themselves with the regulations outlined in the Cottage Food Law to ensure compliance and adhere to health and safety standards.

2. What types of foods can be sold as cottage foods in New Mexico?

In New Mexico, cottage food sales are subject to certain restrictions and regulations. According to the state’s cottage food law, only non-potentially hazardous foods can be sold as cottage foods. This typically includes items such as baked goods, jams, jellies, honey, nut mixes, dried herbs, and some candy. It is important to note that potentially hazardous foods, such as those that require refrigeration or have a risk of causing foodborne illness, are not permitted to be sold as cottage foods in New Mexico. Additionally, cottage food producers in the state must comply with labeling requirements and may have limitations on where and how they can sell their products.

3. Are there any restrictions on where cottage foods can be sold in New Mexico?

Yes, there are restrictions on where cottage foods can be sold in New Mexico. Specifically, cottage food products are only permitted to be sold directly to consumers at farmers markets, fairs, roadside stands, or through community-supported agriculture (CSA) programs. They cannot be sold online or in retail stores. Additionally, cottage food producers in New Mexico are required to label their products with specific information, including the producer’s name and address, the date the product was made, and a statement indicating that the product was made in a home kitchen that is not subject to inspection. It is important for cottage food producers in New Mexico to adhere to these restrictions to ensure compliance with state regulations.

4. Do cottage food operators in New Mexico need to obtain a license or permit?

Yes, cottage food operators in New Mexico are required to obtain a permit in order to sell their homemade foods. The New Mexico Environment Department’s Food Program oversees the regulation of cottage food operations in the state. In order to legally sell cottage foods, individuals must complete a Cottage Food Operator Permit application and comply with the requirements outlined in the New Mexico Cottage Food Rule. This permit ensures that the homemade foods being produced and sold meet certain safety and labeling requirements to protect consumer health. It is important for cottage food operators to familiarize themselves with the specific regulations and obtain the necessary permit to operate legally in New Mexico.

5. What are the labeling requirements for cottage foods in New Mexico?

In New Mexico, cottage food products must meet specific labeling requirements to ensure consumer safety and compliance with regulations. The following are key labeling requirements for cottage foods in New Mexico:

1. Product Name: The label must include the common or usual name of the cottage food product.

2. Ingredient List: The label must include a list of all ingredients used in the product, listed in descending order of predominance by weight.

3. Allergen Information: If the product contains any of the major food allergens identified by the FDA, such as peanuts, tree nuts, milk, eggs, wheat, soy, fish, or shellfish, this must be clearly stated on the label.

4. Net Weight: The label must include the net weight or net volume of the product.

5. Name and Address: The label must include the name and address of the cottage food operation where the product was produced.

6. Nutrition Facts: While not always required for cottage foods, providing nutritional information on the label is encouraged for transparency and consumer awareness.

7. Cottage Food Product” Declaration: The label must include a statement indicating that the product is made in a cottage food operation and has not been inspected by the regulatory authority.

By adhering to these labeling requirements, cottage food producers in New Mexico can ensure their products are properly identified, provide essential information to consumers, and maintain compliance with state regulations.

6. Are there any training requirements for cottage food operators in New Mexico?

Yes, in New Mexico, there are training requirements for cottage food operators. Cottage food operators are required to complete a food handler training course approved by the New Mexico Environment Department (NMED). This training course covers important topics related to food safety, proper handling of food products, and sanitation practices to ensure compliance with health and safety regulations. Upon successful completion of the training course, cottage food operators are issued a certificate, which they must then present to local health authorities as part of the cottage food registration process. Compliance with this training requirement helps to ensure the safe production and sale of cottage food products in New Mexico.

7. Can cottage food operators in New Mexico sell their products online?

1. Cottage food operators in New Mexico can sell their products online, but there are certain restrictions and regulations that they must adhere to.

2. Firstly, cottage food operators in New Mexico are required to obtain a Cottage Food Operator Permit from the New Mexico Environment Department before they can sell their products online or in any other manner. This permit ensures that the cottage food operator is following the necessary food safety guidelines and requirements.

3. Additionally, cottage food operators in New Mexico are limited to selling their products directly to consumers. This means that they cannot sell their products through third-party online platforms or retailers. The sale must be made directly between the cottage food operator and the consumer, whether it is in person or online.

4. It is important for cottage food operators in New Mexico to properly label their products when selling online. Labels should include the name of the product, ingredients, allergen information, and contact information for the cottage food operator.

5. Furthermore, cottage food operators should make sure to comply with any shipping and handling regulations when selling their products online. This may include proper packaging, temperature control requirements, and ensuring that the product reaches the consumer in a safe and sanitary manner.

6. Overall, while cottage food operators in New Mexico can sell their products online, it is important for them to be aware of and comply with the regulations set forth by the state in order to ensure the safe and legal sale of their products.

7. Therefore, cottage food operators in New Mexico can indeed sell their products online, but they must follow the necessary steps and guidelines to do so legally and safely.

8. Are there any restrictions on the annual gross sales for cottage food operators in New Mexico?

Yes, in New Mexico, there are restrictions on the annual gross sales for cottage food operators. The state allows cottage food producers to sell directly to consumers at farmers’ markets, fairs, and other events without obtaining a permit as long as their annual gross sales do not exceed $1,000. Once a cottage food operator exceeds this threshold, they are required to obtain a permit from the New Mexico Environment Department to continue selling their cottage food products legally. This restriction helps ensure that cottage food operations remain small-scale and are primarily focused on direct-to-consumer sales within the state.

9. Can cottage food operators in New Mexico sell their products at farmers’ markets or other events?

Yes, cottage food operators in New Mexico are allowed to sell their products at farmers’ markets or other events, as long as they adhere to the state’s cottage food regulations. Some key points to consider include:

1. Cottage food operators must obtain a permit from the New Mexico Environment Department to sell their products at farmers’ markets or events.

2. The products that can be sold at these venues are limited to non-potentially hazardous foods that are produced in a home kitchen, such as baked goods, jams, and other shelf-stable items.

3. Labeling requirements must be followed, including clearly indicating that the products were made in a cottage food operation and providing the necessary contact information.

4. Operators may also need to follow additional regulations set by the specific farmers’ market or event where they plan to sell their products.

Overall, while cottage food operators in New Mexico are permitted to sell their products at farmers’ markets or other events, it is essential for them to understand and comply with all relevant regulations to ensure the safety and legality of their products.

10. Are there restrictions on the ingredients that can be used in cottage foods in New Mexico?

Yes, there are restrictions on the ingredients that can be used in cottage foods in New Mexico. The state’s Cottage Food Act outlines specific guidelines for permitted ingredients, as well as prohibited substances. In New Mexico, cottage food producers are generally allowed to use common ingredients such as flour, sugar, eggs, and fruits for their products. However, there are restrictions on certain high-risk ingredients that are considered potentially hazardous, such as meat, seafood, dairy, and unpasteurized products. Additionally, cottage food producers are required to follow labeling requirements to inform consumers of the ingredients used in their products, including any potential allergens. It is crucial for cottage food producers in New Mexico to familiarize themselves with the state’s regulations to ensure compliance and food safety.

11. Are there any limitation on the sale of potentially hazardous foods as cottage foods in New Mexico?

Yes, there are limitations on the sale of potentially hazardous foods as cottage foods in New Mexico. Cottage food laws in New Mexico, like in many other states, typically prohibit the sale of potentially hazardous foods as cottage foods. Potentially hazardous foods are those that require refrigeration to prevent the growth of harmful bacteria or other microorganisms that can cause foodborne illnesses. Examples of potentially hazardous foods include meats, poultry, dairy products, cut fruits and vegetables, and prepared foods containing these ingredients. Cottage food laws generally restrict the types of foods that can be made and sold from home kitchens to those that are non-potentially hazardous, such as baked goods, jams, and other shelf-stable items. It is important for cottage food producers in New Mexico to be aware of these restrictions and comply with them to ensure the safety of consumers and to adhere to state regulations.

12. Are there any restrictions on storing cottage foods in New Mexico?

In New Mexico, there are specific regulations governing the storage of cottage foods to ensure consumer safety. These restrictions include:

1. Cottage food products must be stored properly to prevent contamination and spoilage. This includes maintaining proper temperatures for storage to prevent the growth of harmful microorganisms.
2. Storage areas for cottage foods must be kept clean and organized to minimize the risk of cross-contamination.
3. Cottage food products should be stored separately from non-food items to prevent any potential hazards.
4. Proper labeling of cottage food products is necessary for storage, including information on ingredients, allergens, and expiration dates.

Overall, adherence to these storage restrictions is crucial in maintaining the quality and safety of cottage foods sold in New Mexico. Failure to comply with these regulations can result in penalties and the potential suspension of cottage food sales operations.

13. Can cottage food operators in New Mexico hire employees to help with production?

No, cottage food operators in New Mexico are not allowed to hire employees to help with production. According to the state’s regulations, cottage food operations must be run by the individual who holds the cottage food license and they are required to be the sole person involved in the production of the cottage food products. This means that all aspects of production, packaging, labeling, and selling must be done by the license holder themselves. Hiring employees to assist with production would disqualify the operation as a cottage food business and would require a commercial food license instead. It is important for cottage food operators in New Mexico to adhere to these regulations to ensure compliance with state laws and to maintain the integrity of their cottage food business.

14. What are the requirements for sampling cottage foods at farmers’ markets or events in New Mexico?

In New Mexico, there are specific requirements for sampling cottage foods at farmers’ markets or events to ensure food safety and compliance with regulations. The following are the key requirements:

1. Cottage food producers must obtain a permit from the New Mexico Environment Department (NMED) to sample their products at farmers’ markets or events.
2. Samples must be pre-packaged and labeled with the producer’s name, contact information, product name, list of ingredients, and a statement that the product was made in a home kitchen that is not subject to regulation and inspection by the NMED.
3. Cottage food producers are required to provide handwashing stations or hand sanitizer for consumers before sampling.
4. Samples must be kept at the appropriate temperature to prevent foodborne illnesses.
5. Producers must have a designated area for sampling that is separate from food preparation and sales areas.
6. All equipment used for sampling must be clean and sanitized.
7. Cottage food producers should also follow any additional local health department requirements or guidelines for sampling at farmers’ markets or events.

By adhering to these requirements, cottage food producers can safely sample their products and showcase their offerings at farmers’ markets or events in New Mexico.

15. Are there any restrictions on advertising and marketing cottage foods in New Mexico?

Yes, there are restrictions on advertising and marketing cottage foods in New Mexico. Cottage food producers in the state are required to label their products with specific information, such as the name and address of the cottage food operation, the product ingredients, and a statement declaring that the product was made in a cottage food operation that is not subject to routine government food safety inspections. This labeling requirement helps ensure transparency and consumer awareness about the nature of cottage food products. Additionally, cottage food producers in New Mexico are prohibited from making false or misleading claims in their advertising and marketing materials, as this could mislead consumers about the safety or quality of the products. Overall, these restrictions aim to protect consumers and uphold food safety standards in the cottage food industry.

16. Are there special requirements for selling cottage foods at temporary events in New Mexico?

Yes, there are special requirements for selling cottage foods at temporary events in New Mexico. Some of these requirements include:

1. Cottage food producers must obtain a temporary food establishment permit from the New Mexico Environment Department in order to sell their products at temporary events.
2. All cottage food products must be properly labeled with specific information, including the producer’s name and address, product ingredients, and any potential allergens.
3. Cottage food producers are limited in the types of products they can sell at temporary events, with certain items such as potentially hazardous foods typically not allowed.
4. There may be restrictions on where and how cottage food products can be displayed and sold at temporary events in order to ensure food safety and compliance with regulations.

Overall, it is important for cottage food producers in New Mexico to familiarize themselves with these special requirements for selling their products at temporary events in order to operate legally and safely.

17. Can cottage food operators in New Mexico sell wholesale to retailers or restaurants?

In New Mexico, cottage food operators are not allowed to sell their products wholesale to retailers or restaurants. Cottage food laws in New Mexico generally restrict the sale of homemade food products to end consumers only, which means direct sales to individuals or at events such as farmers’ markets or craft fairs. The intention behind these restrictions is to ensure food safety and hygiene standards are met, as well as to protect consumers from potential health risks associated with homemade food products. As such, selling cottage food products wholesale to retailers or restaurants is not permitted under current regulations in New Mexico. It is important for cottage food operators to familiarize themselves with and comply with these regulations to avoid any legal issues.

18. Are there any restrictions on selling cottage foods across state lines in New Mexico?

Yes, there are restrictions on selling cottage foods across state lines in New Mexico. According to New Mexico’s Cottage Food Laws, the sale of cottage foods is limited to within the state and direct sales to consumers only. This means that cottage food products cannot be sold online or shipped to customers in other states. Additionally, any foods produced under the cottage food law must be labeled in compliance with the state’s requirements, including information such as the producer’s name and address, product ingredients, and a statement that the product was made in a home kitchen that is not subject to regulation and inspection by the New Mexico Environment Department. Violating these restrictions can result in penalties and fines, so it is important for cottage food producers in New Mexico to adhere to these regulations when selling their products.

19. Are there any exemptions or special rules for certain types of cottage foods in New Mexico?

In New Mexico, there are exemptions and special rules for certain types of cottage foods under the Cottage Food Rule. One key exemption is that low-risk baked goods, such as breads, biscuits, pastries, and certain types of cookies, are not considered cottage foods and thus are not subject to the same restrictions as other cottage food items. Additionally, the state allows for the sale of certain types of cottage foods at farmers markets and roadside stands without requiring a permit. It’s important for cottage food producers in New Mexico to carefully review the specific regulations and exemptions outlined in the Cottage Food Rule to ensure compliance with all applicable laws and requirements.

20. What are the penalties for non-compliance with cottage food regulations in New Mexico?

In New Mexico, the penalties for non-compliance with cottage food regulations can vary depending on the severity of the violation. Some common penalties for non-compliance can include:

1. Warning letters: For minor violations, cottage food producers in New Mexico may receive a warning letter advising them of the violation and the steps needed to come into compliance.

2. Fines: If a cottage food producer continues to operate in violation of the regulations, they may be subject to fines. The amount of the fine can vary depending on the nature and extent of the violation.

3. Cease and desist orders: In more serious cases of non-compliance, the New Mexico Environment Department may issue a cease and desist order, requiring the cottage food producer to immediately stop all operations until they come into compliance with the regulations.

4. Suspension or revocation of permits: In cases of repeated or severe violations, the New Mexico Environment Department may suspend or revoke the cottage food producer’s permit, effectively shutting down their operations.

5. Legal action: In extreme cases of non-compliance, the New Mexico Environment Department may pursue legal action against the cottage food producer, which can result in further fines, penalties, or other consequences.

Overall, it is important for cottage food producers in New Mexico to understand and adhere to the regulations to avoid these penalties and ensure the safety of their products for consumers.