Home Bakery Permit Requirements in Santa Fe, NM

1. EIN (Employer Identification Number)

   Required if you have employees or operate as an LLC or corporation. Free from the IRS.

   Official government source

   Free·Immediate (online application)

   Free

   Immediate (online application)

1. New Mexico Taxation and Revenue — Gross Receipts Tax Registration

   New Mexico levies a GROSS RECEIPTS TAX (GRT) rather than a conventional sales tax, and it applies to goods AND most services performed in New Mexico. Register (free) with the New Mexico Taxation and Revenue Department for a Business Tax Identification Number. The state GRT rate is 4.875% (since July 1, 2023); combined state + local rates range from about 5.125% to just over 9% depending on your location code — use the department's official rate map.

   Official government source

   Free (no registration fee)·Immediate (online via Taxpayer Access Point)

   Free (no registration fee)

   Immediate (online via Taxpayer Access Point)

2. New Mexico Environment Department — Food Safety Manager Certification

   While cottage food producers may be exempt from food manager certification, it is strongly recommended for food safety best practices.

   Official government source

   $80–$150·1–2 days

   $80–$150

   1–2 days

1. New Mexico Homemade Food Act

   New Mexico allows home food production under the Homemade Food Act (effective July 1, 2021). Low-risk, non-temperature-controlled foods made in a private home, farm, or ranch may be sold directly to consumers anywhere in the state without a permit from the NM Environment Department. There is no state sales cap, though some counties may impose their own cottage food permit requirements.

   Official government source

   Free (no state permit required)·None (no state permit or registration)

   Free (no state permit required)

   None (no state permit or registration)

2. City of Santa Fe Planning and Land Use Department — Business License

   Santa Fe requires a business license for anyone conducting business within city limits, administered by the Business Licensing office of the city's Planning and Land Use Department. Applicants first register with the New Mexico Secretary of State (for entities) and obtain state gross receipts tax registration, then apply through the city's online self-service portal; a Certificate of Compliance inspection is part of issuance. Licenses are valid for one year and renewed annually.

   Official government source

   License fee plus a Certificate of Compliance inspection fee; amounts are invoiced by the city — confirm with Business Licensing (505-955-6551)·1–3 weeks

   License fee plus a Certificate of Compliance inspection fee; amounts are invoiced by the city — confirm with Business Licensing (505-955-6551)

   1–3 weeks

Official Sources

• New Mexico Cottage Food Law
• City of Santa Fe City Clerk

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