Alamogordo NM
8-30-2025 6:09am

NMED warns public of risks of unregulated online food vendors

The New Mexico Environment Department has issued an advisory warning the public that eating food from unlicensed vendors could pose certain health risks. The warning comes after the department noticed enchilada plates, meal preps, and other cooked foods being sold by unlicensed vendors through social media platforms such as Facebook Marketplace.

Foods requiring a permit include cooked meals, enchilada plates, meal preps, dairy-based products, meats, jerky, and generally any item needing temperature control for safety. Without proper handling, these foods can support harmful bacterial growth and cause foodborne illness.

New Mexico’s Homemade Food Act does allow individuals to prepare and sell certain food from home without a permit. This only applies to specific, low-risk items, including baked goods that do not require refrigeration, fruit jellies, candies and popcorn.

A food handler card is not considered a substitute to a permit. “Some online food sellers display a food handler card to suggest they are permitted to sell to the public,” NMED stated in a news release on Wednesday. “However, NMED emphasizes that a food handler card only confirms completion of basic food safety training — it is not a food service permit.”

The New Mexico Homemade Food Act, effective July 1, 2021, allows individuals to produce and sell certain "non-time/temperature control for safety" (non-TCS) foods from their home kitchens directly to consumers. This law liberalized previous, more restrictive regulations and allows producers to operate without a state-issued food permit, providing new entrepreneurial opportunities. Key provisions of the actApproved foodsThe act permits the sale of foods that do not require refrigeration to remain safe. Examples include:

  • Baked goods: Cakes, cookies, pies, pastries, and bread that do not contain cream, custard, or cheese fillings.
  • Candies
  • Popcorn and popcorn balls
  • Chocolate-covered pretzels
  • Dehydrated fruits
  • Granola and dry mixes
  • Roasted coffee
  • High-sugar fruit jams, jellies, and preserves
  • Uncut fruits and vegetables

Prohibited foodsThe law does not allow the sale of potentially hazardous foods (TCS foods), which must be produced in a commercial kitchen with a permit. This includes:

  • Meat, poultry, and fish (including jerky)
  • Salsas and other acidified or low-acid canned products
  • Cakes and pies with fillings that require refrigeration
  • Dairy products like milk, cheese, and yogurt
  • Cut produce or juices
  • Garlic in oil mixtures
  • Products containing CBD or alcohol

Production and handling requirements

Producers must maintain a sanitary kitchen, keep pets and children away during production, practice good hygiene, and handle food in a sanitary manner. A food handler card from an approved program is also required.

Sales and revenue

There is no annual sales limit for homemade food in New Mexico. Sales must be made directly to consumers within the state and are not permitted for wholesale or interstate commerce. Permitted venues include farmers' markets, festivals, roadside stands, online sales, and home pick-up or delivery.

Labeling requirements

Each product needs a clear label including the processor's contact information, the food's name, a list of ingredients by weight, and the statement: “This product is home produced and is exempt from state licensing and inspection. This product may contain allergens.”.

Local authority and enforcement

While the state law generally takes precedence, some municipalities like Albuquerque and Bernalillo County may still require local permits. The New Mexico Environment Department enforces the act through investigations typically initiated by complaints.

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