New Mexico has quirky food regulations under its Homemade Food Act, but no law outright bans pickles—rather, it restricts their home production and sale due to safety concerns.
Homemade Food Rules
The New Mexico Homemade Food Act permits certain low-risk foods like baked goods and jams from home kitchens for direct sales at farmers’ markets, but prohibits “potentially hazardous” items including pickles, salsas, and canned goods without commercial permits. Home-canned pickles require a certified kitchen, processing permit from the Environment Department, inspections, and fees because acidification processes can risk botulism if not controlled. Labeling with producer details, ingredients, and “HOME PRODUCED” warnings applies where allowed.
Why Pickles Are Restricted
Pickles fall under low-acid or acidified foods needing pH below 4.6 for safety, but home setups often fail standards, leading to bans on cottage sales. Commercial producers follow FDA guidelines and NMAC 7.6.2 for safe canning. Personal consumption or gifting homemade pickles remains unregulated.
Comparison to Allowed Foods
| Category | Allowed at Home | Examples |
|---|---|---|
| Non-Hazardous | Yes | Breads, dry mixes, candies |
| Pickles/Canned | No | Pickles, sauerkraut, relishes |
SOURCES
[1](https://www.cabq.gov/environmentalhealth/food-safety/new-mexico-homemade-food-act)
[2](https://www.env.nm.gov/wp-content/uploads/sites/8/2021/08/2021-08-16-EHD-Homemade-Food-Act-factsheet.pdf)
[3](https://cottagefoodlaws.com/new-mexico-cottage-food-laws/)
[4](https://www.newmexicofma.org/docs/FINAL_-_2024-Homemade-Food-Act.pdf)
[5](https://www.env.nm.gov/wp-content/uploads/sites/9/2017/12/2019-Retail-and-Manufactured-Food-Field-Guide-Version-2-Final-5.31.19.pdf)
