When traveling with food in New Mexico, most laws focus on food safety for commercial sales and transportation of regulated products—not on what individuals can carry for personal use. However, there are key legal considerations to keep in mind:
General Rules for Traveling With Food in New Mexico
Personal Use: There are no state laws prohibiting individuals from traveling with food for personal consumption within New Mexico, as long as the food is legal to possess and not intended for sale or distribution without proper permits.
Commercial Transport: If you are transporting food for sale, you must comply with New Mexico’s food safety regulations and may need permits such as a Mobile Food Facility Permit or Food Seller’s Permit, depending on your operation.
Home-Based Foods: The New Mexico Homemade Food Act allows certain low-risk foods (like baked goods, jams, and dried fruits) to be sold directly to consumers without a permit, but not all foods are covered under this exemption.
Special Cases: Regulated and Prohibited Foods
Hemp and Hemp-Derived Products: If you transport hemp or hemp-derived materials (including certain food additives), you must have a harvest certificate or manifest issued by a licensed grower or manufacturer. Transporting these products without proper documentation is a petty misdemeanor, punishable by a fine of up to $500.
Meat, Poultry, and Dairy: While not specifically prohibited for personal travel within the state, transporting these for sale requires strict compliance with food safety regulations. Some homemade meat, poultry, and dairy products cannot be sold under the Homemade Food Act.
Imported Foods: If you are entering New Mexico from another country or U.S. territory, federal regulations apply. Many agricultural products—such as raw eggs, poultry, and certain fruits and vegetables—are prohibited or restricted from entering the United States to prevent the spread of pests and diseases. Failure to declare prohibited items can result in confiscation and fines.
Key Takeaways
Personal Travel: You can legally travel with most foods for personal use within New Mexico.
Commercial Transport: Permits and compliance with food safety laws are required for selling or distributing food.
Hemp Products: Transporting hemp or hemp-derived foods requires proper documentation.
Crossing Borders: Federal laws restrict or prohibit certain foods from entering the U.S., and these apply when entering New Mexico from outside the country or certain U.S. territories.
Always check current regulations if you are unsure, especially for commercial activity or when crossing state or national borders.
Sources:
- https://pos.toasttab.com/blog/on-the-line/food-truck-licenses-and-permits-in-new-mexico
- https://www.cabq.gov/environmentalhealth/food-safety/new-mexico-homemade-food-act
- https://law.justia.com/codes/new-mexico/chapter-76/article-24/section-76-24-9/
- https://www.cbp.gov/newsroom/local-media-release/us-customs-and-border-protection-reminds-travelers-certain