New Mexico Administrative Code
Title 21 - AGRICULTURE AND RANCHING
Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES
Part 4 - METHOD OF SALE OF COMMODITIES
Section 21.16.4.9 - METHODS OF SALE
Current through Register Vol. 35, No. 18, September 24, 2024
A. Berries and small fruits: Shall be offered and exposed for sale and sold by weight, or by volume. If sold by volume, berries and small fruits must be in measure containers having inch-pound capacities of one-half (1/2) dry pint, one (1) dry pint, or one (1) dry quart or SI capacities of two-hundred fifty (250) milliliters, five hundred (500) milliliters or one (1) liter. When sold by volume in measure containers, whether or not covered, the measure containers themselves shall not be packages for labeling purposes.
B. Bread: Bread kept, offered, or exposed for sale, whether or not packaged or sliced, shall be sold by weight. The wrappers of bread sold and expressly represented at the time of sale as "stale bread" shall not be considered packages for labeling purposes.
C. Butter, oleomargarine, margarine, butter-like and/or margarine-like spreads: Shall be offered and exposed for sale and sold by weight.
D. Flour, corn meal and hominy grits: Wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour, corn meal and hominy grits, whether enriched or not, shall be packaged, kept, offered or exposed for sale and sold by weight.
E. Meat, poultry, fish and seafood:
F. Ready-to-eat food: When sold from bulk, or in single servings packed on the premises where sold, may be sold by weight, measure or count.
G. Fluid milk products: All fluid milk products, including but not limited to milk, lowfat milk, skim milk, non-fat milk, flavored milk, half and half, cream and cultured milk shall be sold in terms of fluid volume.
H. Other milk products: Cottage cheese, cottage cheese products and other milk products that are solid, semi-solid, viscous or a mixture of solid and liquid, as defined in the pasteurized milk ordinance of the U.S. public health service, as amended, shall be sold in terms of weight.
I. Factory packaged ice cream and similar frozen products: Ice cream, ice milk, frozen yogurt and similar products shall be sold in terms of fluid volume.
J. Sales of bulk commodities: Whenever the quantity is determined by the seller, all bulk deliveries of heating fuel and all bulk sales of one hundred (100) pounds or more net weight shall be accompanied by a delivery ticket containing the following information:
K. Fuelwood: Shall be advertised, offered for sale, and sold only by the cord or fractional part of a cord, except it may be sold by weight if the seller declares the price per unit of weight and the equivalent price per cord. The provisions of this method of sale shall not apply to fuelwood sold in packaged form in bundles of less than one hundred (100) pounds net weight.
L. Machine vended commodities: All vending machines dispensing packaged commodities shall indicate:
M. Exemptions for small packages: The following shall be exempt from the labeling requirements for net quantity of the contents: