New Mexico requires specific information on every product label — including an exact disclaimer statement that must appear word-for-word. Here is every required field, the precise disclaimer text, allergen rules, and how online selling changes what your product listing must include.
Under the Homemade Food Act (N.M. Stat. § 25-12-3), every packaged homemade food product must carry a label — or the equivalent information at the point of sale — containing the following elements. There are no minimum font size requirements specified in the Act, but all information must be clearly legible. Missing any required field is a labeling violation that NMED can require you to correct immediately.
The name of your home food business or the name under which you sell. This can be your personal name or a trade name. It must be the same name your customers can use to contact you.
Your complete home address where the food was produced. The Homemade Food Act requires the full address — not just a city name or P.O. box. This is your production address, which under the Act must be your private farm, ranch, or residence.
This is a privacy trade-off inherent to the Homemade Food Act framework. Your home address is public-facing on every product you sell. Many sellers use a general city/zip on informal signage but are required to provide the full address on packaged goods — verify with NMED if you have concerns about displaying your street address. [VERIFY whether NMED accepts a P.O. box or business address as supplement]
A phone number where consumers can reach you — typically your mobile or home number. This is required so consumers can contact you in the event of a question, concern, or potential illness related to your product. Use a number you actively monitor.
A working email address for the processor. This is in addition to — not instead of — the phone number. Both are required. Use an email address you check regularly. A business email (yourname@yourbusiness.com) is more professional but any valid email meets the requirement.
The plain-language name of what is in the package — not a marketing name alone. If your product is called "Sunset Salsa," the label should still communicate what it actually is (e.g., "Sunset Salsa — Tomato and Green Chile Salsa"). The name should be accurate and not misleading about the product's nature or composition.
All ingredients must be listed from most to least present by weight. This is the same rule FDA uses for commercial food labels. Critically, all sub-ingredients must be listed in full. You cannot simply write "butter" — you must expand it to list butter's components: "(butter: cream, salt)" or however it appears on your ingredient's label.
This sub-ingredient requirement trips up many new sellers. Any multi-ingredient component you use — butter, chocolate chips, store-bought vanilla extract, canned tomatoes, spice blends — must be fully expanded on your label. If an ingredient itself has a label, those ingredients must appear on yours.
The quantity of product in the package, expressed in standard U.S. measurements — ounces or pounds for solid/semi-solid products, fluid ounces for liquids. Both U.S. customary and metric units may be included. Net weight is the weight of the product only — not the container. Weigh after packaging to confirm accuracy.
This statement must appear on every label, word for word. It is not optional and cannot be paraphrased. See the full disclaimer callout below for the exact required text.
This statement is mandated by the Homemade Food Act and must appear on every packaged product label, exactly as written. It cannot be shortened, reworded, or placed where it is not clearly visible. Copy this text directly onto your labels.
If NMED receives a complaint about improper labeling — including a missing disclaimer — they are required to issue a written warning and demand immediate correction. Failure to comply with a written warning is a misdemeanor with fines up to $100 per violation. Label correctly from your first sale. There is no grace period for compliance.
Your business name should be prominent. This is your brand — make it recognizable while keeping it accurate.
Notice how pectin is expanded to "(pectin, dextrose, citric acid)" — this is required. Every multi-ingredient component must be fully expanded.
Street address, city, state, and zip are all required. A P.O. box alone is not sufficient — this must be your production address.
The disclaimer appears exactly as required by law. It cannot be shortened, paraphrased, or omitted. Place it where it is clearly visible.
Ounces (with metric in parentheses) is the standard format for solid products. Fluid ounces for liquids. Weigh after packaging.
The New Mexico disclaimer statement notes that your product "may contain allergens" — but you should go further and specifically identify any of the nine major allergens present in your product. Under the federal Food Allergy Labeling and Consumer Protection Act (FALCPA), major allergen disclosure is required regardless of business size. List allergens clearly on your label using a "Contains:" statement immediately following the ingredient list.
The clearest way to declare allergens is with a bold "Contains:" statement immediately after your ingredient list, listing each applicable major allergen. If your kitchen also handles allergens not in the product itself, many sellers add a "Made in a kitchen that also processes [allergen]" statement as a voluntary disclosure. This is not required by New Mexico law but is considered best practice and builds customer trust — particularly important for buyers with severe allergies.
New Mexico's label law is channel-aware — it specifies how the required information must be conveyed in different selling situations. The rules are slightly different depending on whether your product is packaged, sold from a bulk container, displayed at a market, or sold online or by phone.
When a product is sold in a sealed package, a label must be affixed directly to that package. All required fields — including the disclaimer — must appear on the label. The label must be clearly legible and attached before the product leaves your home.
When a product is sold from a bulk container (e.g., a large jar of jam you scoop from at a market), a label must be affixed to that container. All required information must appear on the container label, not on a separate handout or sign.
When a product is neither pre-packaged nor in a bulk container (e.g., individual cookies sold loose at a market), a placard displayed at the point of sale must contain all required information — including the disclaimer. The placard must be visible to consumers before purchase.
When a product is offered for sale on a webpage — including your SellFood.com storefront, your own website, or any other platform — all required label information must appear on that webpage. This includes your full contact details, the ingredient list, net weight, and the disclaimer statement. Build this into every product listing from the start.
When a product is sold by telephone or custom order, no physical label is required on the product itself. However, you must verbally disclose to the consumer that the food is produced at a private residence exempt from state licensing and inspection, and that it may contain allergens. A label is strongly recommended anyway for professionalism and traceability.
Products delivered directly to a customer must carry a proper label on the package. For delivery orders placed online, the webpage listing satisfies the online labeling requirement — but the physical package still needs its own label with all required information affixed before delivery.
Net weight is the weight of the food product only — it excludes the container, packaging, and any padding. New Mexico follows standard U.S. labeling conventions for net weight declaration.
Solid and semi-solid products (baked goods, jams, candy, spices): State in ounces for amounts under 1 pound, pounds and ounces for amounts 1 pound and above. Adding the metric equivalent in parentheses is optional but recommended: NET WT 8 OZ (227g) · NET WT 1 LB 4 OZ (567g).
Liquid products (sauces, syrups): State in fluid ounces: NET CONTENTS 12 FL OZ (355mL). Note that fluid ounces measure volume, not weight — use this for liquids only.
Count items (cookies sold by count, individual items): You may list by count — e.g., "12 Cookies" — but including net weight is still best practice for transparency and professionalism.
Always weigh after packaging. Packaging itself can weigh 0.5–2+ oz depending on your container — weighing before packaging can result in understating your net weight or overfilling. Use a kitchen scale calibrated in ounces.
Create compliant New Mexico labels with the required disclaimer pre-filled, allergen fields built in, and your product information formatted correctly — ready to print on standard label stock.
Open Label Creator — Free with Account →SellFood's Label Creator pre-fills the required New Mexico disclaimer, formats your ingredient list correctly, and produces print-ready label files — so you can focus on making great food instead of worrying about compliance.