Cottage Food Laws in New Mexico

Can You Sell Food and Beverage out of Your Home in New Mexico?

Yes, you can sell food and beverage out of your home in New Mexico. The New Mexico Department of Health requires a food processing license for any business that engages in the sale of food products made from the home or any other location. However, the type of license that is needed depends on the type of food processed and the scale of production.

What is the Cottage Food Law in New Mexico?

The Cottage Food Law in New Mexico is a law that allows individuals to produce and sell certain types of homemade food products from their home for direct sale to consumers. This law enables home cooks to become small-scale entrepreneurs without needing to obtain a food license or other special permits. Cottage food products must meet certain requirements in order to be sold legally under this law, and the allowable products are limited to non-potentially hazardous foods such as baked goods, jams, jellies, pickles, and candy.

What is Required on a Cottage Food Label in New Mexico?

In New Mexico, cottage food labels must include the following information:

• The name of the product
• The name and address of the cottage food operation
• A list of ingredients, including any major food allergens
• A statement indicating that the product is made in a cottage food operation
• An accurate net weight or volume
• Any instructions for safe storage and/or preparation, if necessary
• The “best if used by” date or other expiration date
• A statement that states “not for resale”.

Are Cottage Foods Taxable in New Mexico?

No, cottage foods in New Mexico are not subject to taxation.

Do You Need to Establish a Business Entity to Sell Cottage Foods in New Mexico?

Yes. In New Mexico, cottage foods may be sold directly to consumers at temporary events or online, but a business entity must be established before doing so.

What Permits do You Need to Sell Food out of Your Home in New Mexico?

In New Mexico, you need a Home-Based Food Establishment Permit to sell food out of your home. The permit is issued by the New Mexico Environment Department and is specific to each location. The permit application requires various documents, such as a completed Fleet Risk Management information sheet, a completed Food Establishment Plan, and a completed Food Service Operator’s License application. Depending on the type of food you are planning to sell, additional permits or licenses may be required.

Does a Cottage Food Business Need a Food Handlers License in New Mexico?

No, a cottage food business in New Mexico does not need a food handlers license. The state of New Mexico does not require a food handler’s license for cottage food businesses. However, it is recommended that all food handlers complete an accredited food safety training program in order to ensure the production of safe and sanitary food.

How Much does it Cost to Obtain a Food Safety License or Certification in New Mexico?

The cost of obtaining a food safety license or certification in New Mexico depends on the type of license or certification you are seeking. For example, a Food Handler’s Card can be obtained for a fee of $10, while the cost of a Food Protection Manager Certification can vary from $100 to $150 depending on the provider.

Who Regulates Food Safety in New Mexico?

The New Mexico Environment Department regulates food safety in New Mexico. They are responsible for regulating the production, storage, sale, and transport of food products to protect public health.

How Long Does a Food Handlers License Last in New Mexico?

A Food Handlers License in New Mexico is valid for a period of three (3) years from the date of issuance.

What Permits do You Need for a Food Truck in New Mexico?

In New Mexico, any mobile food vendor needs to follow the New Mexico Department of Health’s Mobile Food Vendor Rules. These rules cover a range of topics and require food vendors to obtain several different permits in order to legally operate their business. The specific permits and licenses you need for a food truck in New Mexico include a:

1. Food Service Permit from the NM Environment Department
2. Liability Insurance Certificate
3. Health Permit from the NM Department of Health
4. Vehicle Registration from the NM Motor Vehicle Division
5. Business License or Permit from the NM Taxes & Revenue Department
6. Special Event Permit from the local jurisdiction or county
7. Mobile Food Vendor License from the local jurisdiction or county

What Permits do You Need for a Food Booth in New Mexico?

In New Mexico, food booths must obtain a Temporary Food Establishment Permit from the New Mexico Environment Department to operate. All food service workers are required to have a valid food handler permit. Additionally, the booth must have a valid permit from the local municipality and follow all applicable codes and regulations.

What Permits do You Need for a Cottage Food Business in New Mexico?

In New Mexico, a cottage food business must obtain the following permits and licenses:

1. A Food Service Establishment License from the New Mexico Environment Department.

2. A business license from the New Mexico Taxation and Revenue Department.

3. A permit from the New Mexico Department of Health.

4. A food handler’s card from the New Mexico Environmental Department.

5. If selling any type of canned goods, you will also need to obtain a shelf-stable food processor’s permit from the New Mexico Department of Agriculture.

What are the Penalties for Selling Food without a Permit in New Mexico?

Selling food without a permit in New Mexico is a misdemeanor offense, punishable by a fine of up to $500 and/or up to 90 days in jail. In addition, the person charged may face additional fines, fees, and the costs of any corrective actions ordered by the local health department.