Labeling and Packaging Guidelines for Cottage Food Products in New Mexico

1. What are the labeling requirements for cottage food products in New Mexico?

In New Mexico, cottage food products must adhere to specific labeling requirements to be sold legally. These requirements include:

1. Product Name: The label must clearly and accurately display the name of the cottage food product.
2. Ingredients: A list of all ingredients used in the product must be provided, in descending order of predominance by weight.
3. Allergen Information: If the product contains any of the major food allergens (such as milk, eggs, peanuts, tree nuts, wheat, soy, fish, or shellfish), this information must be clearly stated on the label.
4. Net Weight: The net weight or net volume of the product must be displayed on the label.
5. Name and Address: The label should include the name and address of the cottage food operation where the product was made.
6. This Product Was Made in a Home Kitchen”: This statement is required on all labels for cottage food products in New Mexico.
7. Nutrition Facts (optional but recommended): While not required for cottage food products, providing nutrition facts on the label can be helpful for consumers.

It is important to carefully review the specific labeling requirements outlined by the New Mexico Environment Department to ensure compliance and legality when selling cottage food products in the state.

2. Can I use a generic label for my cottage food products or do I need to create a custom label for each product?

In most cases, it is recommended to create a custom label for each of your cottage food products rather than using a generic label. Custom labels allow for proper identification and differentiation of your products, which is especially important for consumers who may have allergies or dietary restrictions. Custom labels also provide important information such as ingredients, allergens, net weight, nutrition facts, and contact information. By having a unique label for each product, you can establish a consistent branding and professional look for your cottage food business. Additionally, custom labels help you comply with labeling regulations specific to cottage food products, ensuring that your products meet all legal requirements.

3. Are there specific font size and style requirements for labeling cottage food products in New Mexico?

Yes, in New Mexico, there are specific font size and style requirements for labeling cottage food products. The label must use a minimum type size of 1/16 inch (1.6 mm) for the net weight statement and all ingredients. Additionally, the font style must be easily legible, contrasting with the background, and in a color that is prominently visible. It is important to ensure that the information on the label is clear and easy to read for consumers. Failure to comply with these font size and style requirements can result in noncompliance with the state regulations governing cottage food products.

4. Do I need to include nutrition facts on the labels of my cottage food products in New Mexico?

In New Mexico, cottage food producers are not required to include nutrition facts on the labels of their products. However, it is always advisable to provide customers with as much information as possible about the ingredients used in the product, potential allergens, and any other relevant information. While nutrition facts are not mandatory for cottage food products in New Mexico, they can be a helpful addition for health-conscious consumers who may want to know more about the nutritional content of the product. Including nutrition facts can also help differentiate your product and enhance transparency with your customers.

5. What information must be included on the label of a cottage food product sold in New Mexico?

In New Mexico, cottage food products must have certain information included on their label to comply with the state’s regulations. The following details must be present on the label of a cottage food product sold in New Mexico:

1. Name of the product: The label should clearly display the name of the cottage food product.

2. Ingredientes: Una lista de todos los ingredientes utilizados en el producto, en orden descendente de predominio por peso.

3. Allergen information: Any allergens present in the product must be clearly disclosed on the label.

4. Net quantity: The net weight or volume of the product should be stated on the label.

5. Name and address: The name and address of the cottage food operation responsible for the product should be included on the label.

6. Disclaimer: A statement indicating that the product is homemade and produced in a cottage food operation that is not subject to routine government food safety inspections.

7. Handling instructions: Any necessary handling instructions, such as refrigeration requirements, should be provided on the label.

It’s crucial for cottage food producers in New Mexico to ensure that their product labels contain all the required information to comply with state regulations and ensure consumer safety.

6. Are there any specific allergen labeling requirements for cottage food products in New Mexico?

Yes, in New Mexico, cottage food products are required to have allergen labeling in accordance with the Food Allergen Labeling and Consumer Protection Act (FALCPA). FALCPA mandates that the common food allergens must be clearly identified on the label of cottage food products. The eight major food allergens that must be declared if present in the product are: 1. Milk, 2. Eggs, 3. Fish, 4. Crustacean shellfish, 5. Tree nuts, 6. Peanuts, 7. Wheat, and 8. Soybeans. It is important for cottage food producers to accurately label their products to inform consumers of potential allergens and prevent any adverse reactions. Failure to comply with allergen labeling requirements can lead to serious consequences, so it is essential for cottage food producers to be diligent in ensuring proper labeling.

7. Can I use my own branding and logo on the labels of my cottage food products in New Mexico?

Yes, you can use your own branding and logo on the labels of your cottage food products in New Mexico, but there are specific guidelines that must be followed to ensure compliance with state regulations. Here are some key points to consider:

1. Label Information: Your labels must include certain information such as the name of the product, the common name of the ingredients, allergen information, net weight or volume, name and address of the business, and a statement indicating that the product was made in a cottage food operation.

2. Logo and Branding: You are allowed to use your own branding and logo on the labels, but they should not be misleading or make any false claims about the product. The branding and logo should be clear, legible, and not overshadow the required label information.

3. Font and Size: The font size of the required label information should be easily readable and in a size that is proportional to the size of the packaging. Your branding and logo should not obstruct or interfere with the mandatory labeling information.

4. Compliance: It is important to ensure that your branding and logo do not violate any copyright or trademark laws. Make sure that your branding is unique to your business and does not infringe on the intellectual property of others.

By following these guidelines, you can personalize your cottage food product labels with your branding and logo while still meeting the necessary requirements set forth by the state of New Mexico.

8. Do I need to include a list of ingredients on the label of my cottage food products in New Mexico?

Yes, in New Mexico, cottage food products must include a list of ingredients on their labels. The ingredients should be listed in descending order of predominance by weight. It is important to accurately list all ingredients to inform consumers of potential allergens or dietary restrictions. Additionally, it is advisable to use common names for ingredients to enhance clarity for consumers. Allergens, if present, should be clearly identified in the ingredient list, usually in bold or a different color to draw attention. Providing a comprehensive and accurate ingredient list on your cottage food product labels not only adheres to regulations but also builds trust with your customers.

9. Are there any restrictions on using claims or marketing language on the labels of cottage food products in New Mexico?

In New Mexico, there are specific restrictions on using claims or marketing language on the labels of cottage food products. All labeling and packaging for cottage food products in the state must comply with the New Mexico Cottage Food Act and regulations set forth by the New Mexico Environment Department. Some key restrictions to be aware of include:

1. Prohibited claims: Cottage food producers are not allowed to make false or misleading claims on their product labels. This means that any statements regarding the health benefits, nutrition, or safety of the product must be accurate and supported by scientific evidence.

2. Allergen information: It is mandatory to clearly label any potential allergens present in the cottage food product to ensure consumer safety. This includes ingredients such as nuts, gluten, dairy, or other common allergens.

3. Ingredient list: Cottage food product labels must include a complete and accurate list of all ingredients used in the product, in descending order of predominance by weight.

4. Contact information: The label should also include the name and address of the cottage food operation, allowing consumers to easily contact the producer with any questions or concerns.

5. Compliance with federal regulations: In addition to state-specific guidelines, cottage food producers in New Mexico must also adhere to any applicable federal regulations enforced by the FDA, such as labeling requirements for certain types of food products.

It is essential for cottage food producers in New Mexico to carefully review and follow all labeling and packaging guidelines to ensure compliance with the law and maintain transparency with consumers. Failure to do so may result in fines, penalties, or the inability to sell products legally in the state.

10. Can I include additional information, such as serving suggestions or storage instructions, on the labels of my cottage food products in New Mexico?

Yes, you can include additional information such as serving suggestions or storage instructions on the labels of your cottage food products in New Mexico. However, it is important to ensure that all the information provided is accurate, clear, and not misleading to consumers. Here are some guidelines to keep in mind when including additional information on your labels:

1. Serving Suggestions: If you choose to provide serving suggestions on your labels, make sure they are realistic and relevant to the product. Avoid making exaggerated claims about the benefits or effects of consuming the product.

2. Storage Instructions: Including storage instructions is essential to help consumers maintain the quality and safety of your cottage food products. Clearly state any specific storage requirements such as refrigeration or keeping the product in a cool, dry place.

3. Font Size and Placement: Make sure that the additional information is easily readable and prominently displayed on the label. The font size should be legible and placed in a visible location without crowding the main product information.

4. Compliance with Regulations: Ensure that any additional information provided complies with the labeling regulations set forth by the New Mexico Environment Department or any other relevant regulatory authority.

Remember that while providing serving suggestions and storage instructions can add value to your cottage food products, it is important to prioritize clarity, accuracy, and compliance with labeling guidelines to ensure consumer safety and satisfaction.

11. Are there any restrictions on the size or shape of the labels for cottage food products in New Mexico?

In New Mexico, there are specific guidelines and restrictions regarding the size and shape of labels for cottage food products. Here are some important points to consider:

1. Size Requirements: The label on cottage food products must be of a sufficient size to ensure that all required information is easily readable by the consumer. It should not be so small that it is difficult to read or understand.

2. Font Size: The text on the label should be in a font size that is clear and legible, typically not smaller than a certain point size as specified by local regulations.

3. Label Shape: While there may not be specific restrictions on the shape of the label, it is important to ensure that the label fits well on the packaging and does not obstruct any important information.

4. Placement: The label should be placed prominently on the packaging where it can be easily seen and read by the consumer. It should not be hidden or obscured by any other information or design elements.

Overall, it is crucial for cottage food producers in New Mexico to adhere to these guidelines to ensure that their products are properly labeled and compliant with local regulations to provide transparency and safety information to consumers.

12. Do I need to include a best-by or expiration date on the labels of my cottage food products in New Mexico?

Yes, in New Mexico, it is required to include a best-by or expiration date on the labels of cottage food products. This is important for ensuring the safety and quality of the products for consumers. Without a clear expiration date, consumers may be unsure about the freshness and safety of the products they are purchasing. Including a best-by or expiration date helps both consumers and producers by providing a guideline for when the product is at its best quality and ensuring that consumers can make informed decisions about the products they are purchasing. Be sure to follow the specific labeling guidelines set forth by the New Mexico Cottage Food Law to ensure compliance with all regulations.

13. Are there any labeling requirements specifically for homemade jams, jellies, or pickles in New Mexico?

Yes, in New Mexico, there are specific labeling requirements for homemade jams, jellies, and pickles to ensure consumer safety and compliance with regulations. Here are some key labeling guidelines that should be followed:

1. Product Name: The label should clearly and accurately reflect the name of the product, such as “homemade jam,” “homemade jelly,” or “homemade pickles.

2. Ingredients List: All ingredients used in the product must be listed in descending order of predominance by weight. This includes the specific fruits or vegetables used, as well as any additives or preservatives.

3. Allergen Information: If the product contains any common allergens such as nuts, dairy, or gluten, this must be clearly stated on the label.

4. Net Weight or Volume: The label should include the net weight or volume of the product in both metric and US customary units.

5. Contact Information: The label should include the name and address of the cottage food producer or business responsible for the product.

6. Nutritional Information (optional): While not always required for cottage food products, providing nutrition facts can be helpful for consumers.

By following these labeling requirements, cottage food producers can ensure that their homemade jams, jellies, and pickles are properly labeled for sale in New Mexico. It is always recommended to check with the New Mexico Department of Health or the relevant regulatory agency for the most up-to-date guidelines and requirements.

14. Can I sell my cottage food products online and ship them to customers in New Mexico without special labeling requirements?

No, you cannot sell your cottage food products online and ship them to customers in New Mexico without special labeling requirements. In New Mexico, cottage food products are required to be labeled with specific information to ensure consumer safety and compliance with regulations. Some of the key labeling requirements for cottage food products in New Mexico include:

1. Allergen Information: You must clearly identify any known allergens present in your products, such as nuts, dairy, wheat, etc.
2. Ingredient List: Your label must include a complete list of ingredients used in the product, listed in descending order of predominance by weight.
3. Net Weight: The net weight or volume of the product must be prominently displayed on the packaging.
4. Name and Address: Your label must include your name and address, or the name and address of the cottage food operation.

It is important to familiarize yourself with the specific labeling requirements outlined by the New Mexico Environment Department to ensure compliance when selling your cottage food products online and shipping them to customers in the state.

15. Are there any specific labeling requirements for cottage food products that are made with organic ingredients in New Mexico?

Yes, in New Mexico, there are specific labeling requirements for cottage food products that are made with organic ingredients. When labeling cottage food products in New Mexico that are made with organic ingredients, it is important to ensure compliance with the USDA organic standards. Here are some key points to consider:

1. Use of the term “organic”: Only products that have been certified as organic by a USDA-accredited certifying agency can use the term “organic” on their labeling.
2. Organic ingredients list: If your cottage food product contains organic ingredients, you may specify this on the product label by listing the organic ingredients as such.
3. Certification statement: It is recommended to include a certification statement on the label indicating that the product meets USDA organic standards. This can help inform consumers about the organic nature of the ingredients used.
4. Maintaining records: As a cottage food producer using organic ingredients, it is important to keep records of your ingredient sources and organic certification documents in case of an inspection.

By following these guidelines, cottage food producers in New Mexico can accurately label their products made with organic ingredients and provide transparency to consumers about the quality of the ingredients used.

16. What are the consequences of not following the labeling guidelines for cottage food products in New Mexico?

Not following the labeling guidelines for cottage food products in New Mexico can result in various consequences that can impact your business. Some of the key consequences include:

• Regulatory Penalties: Violating labeling guidelines set forth by the New Mexico Environment Department can lead to regulatory fines and penalties. These fines can vary depending on the severity of the violation and may increase with repeated offenses.

• Consumer Trust: Proper labeling is crucial for building and maintaining consumer trust. Failure to accurately label cottage food products may lead to confusion or mistrust among customers, which can result in a loss of sales and damage to your brand reputation.

• Legal Liability: If the labeling of cottage food products is misleading or inaccurate, it can expose you to potential legal liabilities. This could include lawsuits from consumers who may have suffered allergic reactions or other issues due to improper labeling.

Overall, adhering to labeling guidelines is essential not only for compliance with regulations but also for ensuring consumer safety and building a successful cottage food business in New Mexico.

17. Can I provide samples of my cottage food products without full labeling if they are not for sale in New Mexico?

In New Mexico, if you are providing samples of your cottage food products without full labeling and not for sale, it is important to ensure that you comply with the state’s cottage food regulations. Here are some key points to consider:

1. Labeling Requirements: Even if the samples are not for sale, it is advisable to include basic labeling information such as the name of the product, a list of ingredients, any allergen information, and a statement that the product is homemade and not for sale.

2. Disclaimers: Including disclaimers stating that the samples are for tasting purposes only and not for sale can help clarify the intent behind providing the samples.

3. Compliance with Cottage Food Laws: Make sure that you are operating within the New Mexico cottage food laws and regulations, even when providing samples that are not for sale. This includes following any restrictions on where samples can be provided and to whom.

4. Food Safety: Maintain proper food safety practices when preparing and serving samples, including ensuring that the samples are stored and transported at the correct temperature to prevent foodborne illness.

By adhering to these guidelines, you can provide samples of your cottage food products in New Mexico without full labeling for non-sale purposes while staying compliant with state regulations.

18. Are there any labeling requirements for cottage food products that are sold at farmers markets in New Mexico?

Yes, there are specific labeling requirements for cottage food products that are sold at farmers markets in New Mexico. Here are a few important guidelines that cottage food producers should follow when labeling their products for sale at farmers markets in the state:

1. Labeling Requirements: Cottage food products in New Mexico must be labeled with the following information:
a. Product name
b. Ingredients list (in descending order of predominance by weight)
c. Allergen information (if applicable)
d. Net weight or volume of the product
e. Cottage food producer’s name and address
f. The statement “Made in a home kitchen that is not licensed by the New Mexico Environment Department”

2. All labels should be clear, conspicuous, and easy to read for consumers.

3. It is important for cottage food producers to comply with these labeling requirements to ensure consumer safety and transparency when selling their products at farmers markets in New Mexico. Failure to adhere to these guidelines may result in penalties or fines.

By following these labeling requirements, cottage food producers can demonstrate their commitment to food safety and quality, as well as provide important information to consumers about the products they are purchasing at farmers markets in New Mexico.

19. Can I use stickers or labels that are not attached directly to the packaging of my cottage food products in New Mexico?

In New Mexico, cottage food producers are generally required to attach labels directly to the packaging of their products. However, in some cases, the state may permit the use of stickers or labels that are not directly attached to the packaging as long as certain guidelines are met.

1. Ensure that the sticker or label is easily visible and securely affixed to the packaging to prevent tampering or removal.
2. The information on the sticker or label must comply with all labeling requirements set forth by the New Mexico Environment Department, including product name, ingredients, allergen information, net weight, and the name and address of the cottage food operation.
3. It is important to confirm with the regulatory authorities in New Mexico to determine if the use of stickers or labels not directly attached to packaging is allowed for cottage food products and to get specific guidance on any additional requirements that may apply.

20. Are there any resources or templates available to help me create compliant labels for my cottage food products in New Mexico?

Yes, there are resources available to help you create compliant labels for your cottage food products in New Mexico. The New Mexico Department of Health, which oversees cottage food operations in the state, provides guidelines and resources for labeling requirements on their official website. Additionally, you can use online resources and templates specifically designed for cottage food products to ensure that your labels meet all necessary regulations in New Mexico. It is important to review the specific labeling guidelines outlined by the Department of Health to include required information such as product name, ingredients list, net weight, allergen information, and contact information. By utilizing these resources and templates, you can ensure that your labels are compliant with New Mexico’s regulations for cottage food products.