New Mexico Statutes
Chapter 76 - Agriculture

Article 1 - Department of Agriculture

Section 76-1-1 - Creation of the New Mexico department of agriculture under the control of the board of regents of New Mexico state university. - The New Mexico department of agriculture is created under the...

Section 76-1-2 - Powers and authority of board of regents. - In addition to all other powers and authority that the...

Section 76-1-3 - Director of New Mexico department of agriculture; salary; duties. - In order to execute its functions, the board of regents...

Section 76-1-4 - Agricultural building repair and maintenance fund; agricultural facilities. - The board of regents of New Mexico state university shall...

Section 76-1-5 - Veterinary student interns. - The New Mexico department of agriculture may enter into agreements...

Article 2 - Agricultural Extension Service

Section 76-2-1 - [Matching federal allotment to state.] - That for the maintenance of the cooperative agricultural extension work...

Section 76-2-2 - Disposition of state and federal money. - The money by this act [76-2-1, 76-2-2 NMSA 1978] appropriated...

Section 76-2-3 - [Assent to act of congress.] - That pursuant to and in accordance with the provisions of...

Section 76-2-4 - Cooperative agricultural extension. - For the purpose of extending cooperative agricultural extension work provided...

Section 76-2-5 - Matching county appropriations. - For each dollar so provided by said county there is...

Section 76-2-6 - Disposition of state and county appropriations. - All funds appropriated by Sections 76-2-4 through 76-2-9 NMSA 1978...

Section 76-2-7 - [Cooperation between county and New Mexico state university.] - Every such agreement made relating to county demonstration work in...

Section 76-2-8 - [County agents; selection; supervision; duties.] - The county agents to be appointed in pursuance of this...

Section 76-2-9 - [Agent for two or more counties.] - In order to obtain the advantages or to increase the...

Section 76-2-10 - County farm and livestock bureaus. - A. For the purpose of further extending the cooperative work...

Section 76-2-11 - [Appropriations by county commissioners; acceptance of gifts.] - The county commissioners may make appropriations for the support of...

Section 76-2-12 - [County commissioners to aid in creation of farm and livestock bureau.] - It shall be the duty of boards of county commissioners...

Article 3 - County Board of Horticultural Commissioners

Section 76-3-1 - [Petition for board; appointment, qualifications and terms of members.] - It shall be incumbent upon the county commissioners of each...

Section 76-3-2 - County boards of horticultural commissioners; powers; inspection; spraying trees; tax levy. - A. It shall be the duty of the board of...

Section 76-3-3 - [Expense of abatement; lien; recording claim.] - The expense incurred by the county board of horticultural commissioners...

Section 76-3-4 - [Clerk to record lien; fee.] - The clerk must record the claim of lien in the...

Section 76-3-5 - Foreclosure; deficiency judgment. - If said lien is not discharged and paid within sixty...

Section 76-3-6 - [District attorney's duty.] - The district attorney shall represent the county board of horticultural...

Section 76-3-7 - [District inspectors; quarantine guardian commissions; right of entry.] - The said county board of horticultural commissioners shall have power...

Section 76-3-8 - [Records and reports of board.] - It shall be the duty of said county board of...

Section 76-3-9 - [Compensation of members; inspectors.] - Each member of the county board of horticultural commissioners, and...

Section 76-3-10 - [Removal of inspectors; members of board; monthly reports.] - Said county board of horticultural commissioners shall have power to...

Section 76-3-11 - [Donations and bequests; meetings; lecturers; officers of board; bonds.] - The county board of horticultural commissioners may receive, manage, use...

Section 76-3-12 - [Chairman's duties and powers.] - The chairman shall preside at all meetings of the board,...

Section 76-3-13 - [Secretary's duties.] - The secretary shall attend all meetings of the board, and...

Section 76-3-14 - [Treasurer's duties.] - The duties of the treasurer shall be to receive and...

Article 4 - Pesticide Control

Section 76-4-1 - Title. - This act [76-4-1 to 76-4-39 (except 76-4-20.1) NMSA 1978] may...

Section 76-4-2 - Enforcing agency. - The Pesticide Control Act shall be administered and enforced by...

Section 76-4-3 - Definitions. - As used in the Pesticide Control Act: A. "equipment" means...

Section 76-4-4 - Misbranded. - A pesticide or device is misbranded if: A. its labeling...

Section 76-4-5 - Prohibited acts. - A. It is unlawful for any person to distribute within...

Section 76-4-6 - Registration. - A. Each pesticide or device that is distributed within the...

Section 76-4-7 - Experimental use permits. - A. No person shall conduct field tests using a pesticide...

Section 76-4-8 - Refusal to register; cancellation; suspension. - A. If it does not appear to the department that...

Section 76-4-9 - Department to administer and enforce act; board to adopt regulations; scope of regulations. - The department shall administer and enforce the provisions of the...

Section 76-4-9.1 - State preemption. - Except as otherwise authorized in the Pesticide Control Act, no...

Section 76-4-10 - Sampling and examination of pesticides or devices; residue analysis. - A. The sampling and examination of pesticides or devices shall...

Section 76-4-11 - "Stop sale, use or removal" order. - When the department has reasonable cause to believe a pesticide...

Section 76-4-12 - Judicial action after "stop sale, use or removal" order. - A. After service of a "stop sale, use or removal"...

Section 76-4-13 - Pesticide dealer license. - A. It is unlawful for any person to act in...

Section 76-4-14 - Pest management consultant. - No individual shall perform services as a pest management consultant...

Section 76-4-15 - Public pest management consultant. - A "public pest management consultant" means any individual who is...

Section 76-4-16 - Examinations for pest management consultant license. - The department shall require each applicant for a pest management...

Section 76-4-17 - Commercial pesticide applicator license. - A. It is unlawful for any person to engage in...

Section 76-4-18 - Operator license. - A. It is unlawful for any individual to act as...

Section 76-4-19 - Application of act to governmental entities; public applicator's license required. - A. A public applicator shall be subject to the provisions...

Section 76-4-20 - Private applicators. - A. No private applicator shall use a restricted use pesticide...

Section 76-4-20.1 - Noncommercial applicator license. - A. A noncommercial applicator shall not use a restricted use...

Section 76-4-21 - Expiration date of licenses. - The board shall set by regulation the expiration date for...

Section 76-4-22 - Fees. - A. Fees for the registration of pesticides, the various licenses,...

Section 76-4-23 - Grounds for denial, suspension or revocation of license, permit or certification; acts constituting a violation of the Pesticide Control Act. - A. The department may deny application for any license, permit...

Section 76-4-24 - Surety bond or insurance required of commercial pesticide applicators. - The department shall not issue a commercial pesticide applicator license...

Section 76-4-25 - Damaged person must file report of loss; contents; time of filing; effect of failure to file. - A. Any person suffering a loss or damage resulting from...

Section 76-4-26 - Inspection of equipment. - A. The department shall provide for an annual inspection of...

Section 76-4-27 - License plates or decals for apparatus. - Each licensed apparatus shall be identified by a license plate...

Section 76-4-28 - Farmer or rancher exemption. - Except for the use of restricted use pesticides the provisions...

Section 76-4-29 - Repealed. - Repeals. — Laws 1979, ch. 394, § 15, repealed 76-4-29...

Section 76-4-30 - Discarding and storing of pesticides and pesticide containers. - No person shall discard, transport or distribute any pesticide or...

Section 76-4-31 - Access to public or private premises. - A. For the purpose of carrying out the provisions of...

Section 76-4-32 - Classification of licenses. - A. The department may classify licenses to be issued under...

Section 76-4-33 - Records. - A. Any person issued a license or permit under the...

Section 76-4-34 - Penalties. - A. Any person violating any provision or requirement of the...

Section 76-4-35 - Persons exempted from certain penalties. - A. The penalties provided for violations of Paragraphs (1) through...

Section 76-4-36 - Repealed. - History: 1953 Comp., § 45-25-36, enacted by Laws 1973, ch....

Section 76-4-37 - Publication of information. - The department may publish, in the form it deems proper,...

Section 76-4-38 - Cooperation. - The department may cooperate, receive grants-in-aid and enter into cooperative...

Section 76-4-39 - Disposition of funds. - All moneys received by the department under the provisions of...

Article 5 - Insect Pests and Plant Diseases

Section 76-5-1 - [County commissioners to prohibit importation of "codlin moth" or other worms or insects destructive to fruit.] - Boards of county commissioners in the various counties of this...

Section 76-5-2 - Short title. - This act may be cited as the "Grasshopper and Other...

Section 76-5-3 - Purpose of act. - It has been determined that areas of New Mexico are...

Section 76-5-4 - Definition; transfer. - As used in the Grasshopper and Other Range Pest Control...

Section 76-5-5 - Duties and powers of the board. - It shall be the primary function of the board [New...

Section 76-5-6 - Land users' consent; control districts; local control committees. - Before expending or obligating moneys from the grasshopper and other...

Section 76-5-7 - Alternative method when disaster area declared. - If the governor declares an area in New Mexico to...

Section 76-5-8 - Duties and powers of local control committees. - Local control committees shall: A. cooperate with all federal and...

Section 76-5-9 - Special land user's assessment; enforced collection. - Payment of the special assessment levied by a local control...

Section 76-5-10 - Disposition of assessments proceeds. - The control board [New Mexico department of agriculture] shall remit...

Section 76-5-11 - Short title. - Sections 76-5-11 through 76-5-28 NMSA 1978 may be cited as...

Section 76-5-12 - Definitions. - As used in the Plant Protection Act: A. "board" means...

Section 76-5-13 - Authority to inspect. - The department may inspect any nursery or other place or...

Section 76-5-14 - Inspection before sale. - Every person growing or producing nursery stock for sale in...

Section 76-5-15 - Inspection of nurseries. - The department is authorized to inspect all nurseries in the...

Section 76-5-16 - Dealers' or agents' licenses. - Every in-state dealer or agent selling, importing into the state...

Section 76-5-18 - Repealed. - Repeals. — Laws 1979, ch. 193, § 10, repealed 76-5-17...

Section 76-5-19 - Labels. - All nursery stock and collected plants sold or trafficked in...

Section 76-5-20 - Viability standards. - Only pest-free, sound and healthy nursery stock stored, offered or...

Section 76-5-21 - Collected plants. - All persons collecting plants for sale must file with the...

Section 76-5-22 - Repealed. - History: 1953 Comp., § 45-8-33, enacted by Laws 1959, ch....

Section 76-5-23 - Transporting within the state. - The department may require a person producing, selling or offering...

Section 76-5-24 - Forms. - It is duty of the department to prescribe all forms...

Section 76-5-25 - Powers of board and department. - The department shall enforce the provisions of the Plant Protection...

Section 76-5-26 - Fees. - A. Fees paid for the licenses, certificates and permits required...

Section 76-5-27 - Fees collected. - All fees collected under the provisions of the Plant Protection...

Section 76-5-28 - Penalties. - Any person violating the provisions of the Plant Protection Act...

Article 6 - Pest Control

Section 76-6-1 - Short title. - This act [76-6-1 to 76-6-9 NMSA 1978] may be cited...

Section 76-6-2 - Definitions. - As used in the Pest Control Act: A. "board" means...

Section 76-6-3 - Administration; rules and regulations. - The board shall have the responsibility for the administration of...

Section 76-6-4 - Voluntary measures. - The board, either independently or in cooperation with counties, cities,...

Section 76-6-5 - Plant quarantine; authority. - A. The board is authorized to quarantine this state or...

Section 76-6-6 - Abatement and emergency measures authorized. - A. Whenever the board finds any article that is infested...

Section 76-6-7 - Inspections authorized; warrants. - A. To effectuate the purposes of the Pest Control Act,...

Section 76-6-8 - Cooperation. - A. The board is authorized to cooperate with any agency...

Section 76-6-9 - Penalties. - A. Any person who shall violate any of the provisions...

Section 76-6-10 - Compact enacted and entered into. - The "Pest Control Compact" is enacted into law and entered...

Section 76-6-11 - Cooperation with pest control insurance fund. - Consistent with law and within available appropriations, the departments, agencies...

Section 76-6-12 - Filing of compact. - Pursuant to Article IV (h) of the compact, copies of...

Section 76-6-13 - Compact administrator. - The compact administrator for this state shall be the director...

Section 76-6-14 - Applications for assistance. - Within the meaning of Article VI (b) or VIII (a)...

Section 76-6-15 - Disposition of money from compact insurance fund. - The department, agency or officer expending or becoming liable for...

Section 76-6-16 - "Executive head" defined. - As used in the compact, with reference to this state,...

Article 6A - Cotton Boll Weevil Control

Section 76-6A-1 - Short title. - Chapter 76, Article 6A NMSA 1978 may be cited as...

Section 76-6A-2 - New Mexico department of agriculture. - The Cotton Boll Weevil Control Act is to be administered...

Section 76-6A-3 - Definitions. - As used in the Cotton Boll Weevil Control Act: A....

Section 76-6A-4 - Duties and powers. - The director shall determine any critically infested or threatened agricultural...

Section 76-6A-5 - Cotton boll weevil control committee; duties and powers. - A. A cotton boll weevil control committee shall prescribe control...

Section 76-6A-5.1 - Exemption from Procurement Code and Personnel Act. - Cotton boll weevil control committees are exempt from the provisions...

Section 76-6A-6 - Establishment of cotton boll weevil control district. - Any five or more persons producing cotton for which it...

Section 76-6A-7 - Petition filing fee. - The director shall prepare and deliver to the petitioners an...

Section 76-6A-8 - Hearings. - Within sixty days after a petition has been filed with...

Section 76-6A-9 - Determination by director. - After the public hearing, the director shall determine, based upon...

Section 76-6A-10 - Referendum; cotton boll weevil control districts; cotton boll weevil control committees. - After public hearing, if the director decides there is justification...

Section 76-6A-11 - Cotton boll weevil control committees; additional duties and powers. - A. Cotton boll weevil control committees may: (1) conduct programs...

Section 76-6A-11.1 - Organic cotton regulations. - A. Each organic cotton producer within an established cotton boll...

Section 76-6A-12 - Agricultural land assessment; enforced collection. - Payment of the special assessment levied by a local cotton...

Section 76-6A-13 - Petition for abolishment of a cotton boll weevil control district. - Any five or more persons producing cotton within a cotton...

Section 76-6A-14 - Petition filing fee. - The director shall prepare and deliver to the petitioners an...

Section 76-6A-15 - Hearings regarding abolishment of a cotton boll weevil control district; notice of hearings. - Within thirty days after the petition has been filed with...

Section 76-6A-16 - Disposition of assessment proceeds. - Funds collected by the local cotton boll weevil control committee...

Article 6B - Pink Bollworm Control

Section 76-6B-1 - Short title. - This act [76-6B-1 to 76-6B-12 NMSA 1978] may be cited...

Section 76-6B-2 - Definitions. - As used in the Pink Bollworm Control Act: A. "board"...

Section 76-6B-3 - Department administration. - The department shall administer the Pink Bollworm Control Act. History:...

Section 76-6B-4 - Exemption from Procurement Code and Personnel Act. - Pink bollworm control committees are exempt from the provisions of...

Section 76-6B-5 - Establishment of pink bollworm control district. - Any five or more persons producing cotton for which it...

Section 76-6B-6 - Director; duties and powers. - A. The director shall: (1) determine any critically infested or...

Section 76-6B-7 - Referendum; pink bollworm control districts; local pink bollworm control committees. - A. If the director decides there is justification for creating...

Section 76-6B-8 - Pink bollworm control committees established; duties and powers. - A. Cotton producers within a pink bollworm control district shall...

Section 76-6B-9 - Organic cotton regulations. - A. Each organic cotton producer within an established pink bollworm...

Section 76-6B-10 - Agricultural land assessment; enforced collection. - A cotton producer shall pay a special assessment levied by...

Section 76-6B-11 - Petition for abolishment of a pink bollworm control district. - A. Any five or more persons producing cotton within a...

Section 76-6B-12 - Disposition of assessment proceeds. - Money collected by a local pink bollworm control committee is...

Article 7 - Noxious Weed Control

Section 76-7-1 - Short title. - This act [76-7-1 to 76-7-22 NMSA 1978] may be cited...

Section 76-7-2 - Definitions. - As used in the Noxious Weed Control Act [76-7-1 to...

Section 76-7-3 - Noxious weed control districts; territorial limitations. - A. Noxious weed control districts may be organized under the...

Section 76-7-4 - Petition for organization of noxious weed control district. - Petitions for the organization of a noxious weed control district...

Section 76-7-5 - Notice of public hearing. - Upon receipt of a petition for the organization of a...

Section 76-7-6 - Public hearing upon petition; consideration by county commissioners. - A. Any person whose land is included in or would...

Section 76-7-7 - Order and notice of district election. - A. Upon determination by the board of county commissioners that...

Section 76-7-8 - Qualified voters in district elections. - A. At any election for the consideration of a proposed...

Section 76-7-9 - County commissioners to furnish ballots; voting by mail permitted. - A. The board of county commissioners shall furnish sufficient printed...

Section 76-7-10 - Form of ballots. - The ballots for the creation of a weed control district...

Section 76-7-11 - Conduct of election; declaration of results. - A. The board of county commissioners having jurisdiction over the...

Section 76-7-12 - District governing body. - The governing body of the noxious weed control districts shall...

Section 76-7-13 - Powers of district governing body. - The district governing body shall have the following powers: A....

Section 76-7-14 - Rules and regulations of district; penalty. - A. The district governing body is specifically authorized to promulgate...

Section 76-7-15 - Notice to land occupiers of control measures; inspection of property; failure to comply with order. - A. The chairman of the board of county commissioners governing...

Section 76-7-16 - Levy of uniform assessments; assessor; collector; annual financial report. - A. The governing body of the district may levy an...

Section 76-7-17 - Enforcement of assessments. - Assessments by local district assessors shall be subject to the...

Section 76-7-18 - District expenses; employees. - The governing body of the district may incur all necessary...

Section 76-7-19 - Addition or exclusion of lands of district. - A. Upon petition to the district governing body, by one...

Section 76-7-20 - Petition to dissolve district; notice of election; conduct of election. - A. Upon petition, presented to the governing body of the...

Section 76-7-21 - Results of election to dissolve noxious weed control district. - Returns of the election shall be made to the board...

Section 76-7-22 - Termination of the affairs of the district. - If the results of the election require the dissolution of...

Section 76-7-23 - Short title. - This act [76-7-23 to 76-7-30 NMSA 1978] may be cited...

Section 76-7-24 - Definitions. - As used in the Noxious Weed Act of 1963 [76-7-23...

Section 76-7-25 - Administration and enforcement. - The Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA...

Section 76-7-26 - Inspections. - The board or its agent may inspect any facility or...

Section 76-7-27 - Declaration of certain weed seeds as noxious. - Whenever the board receives a petition signed by twenty-five New...

Section 76-7-28 - Unlawful actions. - After any weed is declared to be noxious by the...

Section 76-7-29 - Rules and regulations. - The board may prescribe and enforce rules and regulations, pertaining...

Section 76-7-30 - Penalty. - Any person, firm or corporation violating the Noxious Weed Act...

Article 7A - Harmful Plants

Section 76-7A-1 - [Short title.] - This act [76-7A-1 to 76-7A-11 NMSA 1978] may be cited...

Section 76-7A-2 - Definitions. - As used in the Harmful Plant Act: A. "article" means...

Section 76-7A-3 - General powers and duties of the board. - A. The board, through the department, shall administer and enforce...

Section 76-7A-4 - Quarantine powers of the board. - The board may quarantine the state or any portion thereof...

Section 76-7A-5 - Temporary quarantine powers of the department. - If it has reasonable cause to believe that a harmful...

Section 76-7A-6 - Temporary quarantine powers of the department with respect to livestock. - The department may quarantine any domestic livestock, captive wildlife or...

Section 76-7A-7 - Effect of a quarantine. - When a quarantine is in effect, no person shall move...

Section 76-7A-8 - Harmful plants; designation. - A. After a hearing the board may, by regulation, designate...

Section 76-7A-9 - Prohibited acts; permits. - No person shall knowingly move a harmful plant or article...

Section 76-7A-10 - Inspections authorized. - In order to prevent the introduction, spread or dissemination of...

Section 76-7A-11 - Penalties. - A. Any person who knowingly violates any provision of the...

Article 7B - Rangeland Protection

Section 76-7B-1 - Short title. - This act [76-7B-1 to 76-7B-7 NMSA 1978] may be cited...

Section 76-7B-2 - Purpose of act. - The legislature finds and declares that: A. vast rangeland areas...

Section 76-7B-3 - Definitions. - As used in the Rangeland Protection Act: A. "committee" means...

Section 76-7B-4 - Department; powers and duties. - The department shall coordinate rangeland protection projects developed under the...

Section 76-7B-5 - Committee created. - A. There is created the "rangeland protection advisory committee". The...

Section 76-7B-6 - Funding of projects. - Rangeland protection projects covering federal, state, Indian-owned and privately owned...

Section 76-7B-7 - Rangeland information collection and dissemination. - The department shall insure the implementation of programs to collect...

Article 7C - Range Management Plans

Section 76-7C-1 - Grazing permits; management plans. - A. In all areas of New Mexico where the production...

Article 7D - Noxious Weed Management

Section 76-7D-1 - Short title. - This act [76-7D-1 to 76-7D-6 NMSA 1978] may be cited...

Section 76-7D-2 - Findings and purpose. - A. The legislature finds that noxious weeds have caused extensive...

Section 76-7D-3 - Definitions. - As used in the Noxious Weed Management Act: A. "director"...

Section 76-7D-4 - Duties of director; noxious weed management program. - A. The director shall coordinate integrated noxious weed management programs....

Section 76-7D-5 - Administration of program. - The director shall administer the provisions of the Noxious Weed...

Section 76-7D-6 - Landowners; rights; agreements. - A. If the director or his designee becomes aware of...

Article 8 - Protection of Native New Mexico Plants

Section 76-8-1 - [Enumeration of protected plants.] - The following plants shall constitute the protected group in New...

Section 76-8-2 - [Removal of plants from state or private lands without permission prohibited.] - No person shall destroy, mutilate or remove any living plant,...

Section 76-8-3 - [Exception.] - Nothing herein shall prevent the use of down or dead...

Section 76-8-4 - [Penalty for violation.] - Any person violating the provisions of this act [76-8-1 to...

Article 9 - Bees

Section 76-9-1 - Short title. - This act [76-9-1 to 76-9-13 NMSA 1978] may be cited...

Section 76-9-2 - Definitions. - As used in the Bee Act: A. "abandoned colony" means...

Section 76-9-3 - Powers of board and department. - A. The board shall adopt regulations necessary for the administration...

Section 76-9-4 - Contagious disease; duty to prevent. - Any beekeeper who has been notified in writing by the...

Section 76-9-5 - Inspection; access; interference. - A. The department shall notify each beekeeper prior to the...

Section 76-9-6 - Inspection certificates. - Each beekeeper that manages bees shall apply to the department...

Section 76-9-7 - Diseased colonies. - If an inspector finds a contagious disease in a colony,...

Section 76-9-8 - Abandoned colonies. - Abandoned colonies and contaminated equipment shall be destroyed under the...

Section 76-9-9 - Location of apiaries. - A. In order to control contagious disease, no apiary shall...

Section 76-9-10 - Registration of commercial apiaries. - Each commercial beekeeper shall register the location of each commercial...

Section 76-9-11 - Importation of bees. - A. No colonies or equipment shall be moved into the...

Section 76-9-12 - Disposition of funds. - All money collected under the provisions of the Bee Act...

Section 76-9-13 - Penalties; bond. - A. Any person who violates any provision of the Bee...

Article 10 - Seeds

Section 76-10-1 - [Purpose of pure seed strain provisions.] - The legislature hereby declares that the purposes of this act...

Section 76-10-2 - [Construction of act.] - This act [76-10-1 to 76-10-10 NMSA 1978] shall be so...

Section 76-10-3 - [One-variety zones.] - The regents of the agricultural college of New Mexico [New...

Section 76-10-4 - [Neutral zones.] - The regents of the agricultural college of New Mexico [New...

Section 76-10-5 - [Pure strain zones and neutral zones.] - The regents of the agricultural college of New Mexico [New...

Section 76-10-6 - [Production of plants other than one strain or variety designated.] - It shall be unlawful for any person or persons, firm,...

Section 76-10-7 - [Production of plants other than pure strain designated.] - It shall be unlawful for any person, individual, copartnership, association,...

Section 76-10-8 - [Petitions; orders; effect.] - The regents of the agricultural college of New Mexico [New...

Section 76-10-9 - [Penalty for violating act or regulations.] - Any person, individual, copartnership, association, firm, corporation, agent or employee...

Section 76-10-10 - [Exemptions.] - That this act [76-10-1 to 76-10-10 NMSA 1978] shall not...

Section 76-10-11 - Short title. - This act [76-10-11 to 76-10-22 NMSA 1978] may be cited...

Section 76-10-12 - Definitions. - As used in the New Mexico Seed Law [76-10-11 to...

Section 76-10-13 - Label requirements. - Each container of agricultural and vegetable seed which is sold,...

Section 76-10-14 - Prohibitions. - A. It is unlawful for any person to sell, offer...

Section 76-10-15 - Records. - Each person whose name appears on the label as handling...

Section 76-10-16 - Exemptions. - A. The provisions of Sections 3 and 4 [76-10-13, 76-10-14...

Section 76-10-17 - Seed certification. - A. The certification agency for New Mexico shall be named...

Section 76-10-18 - Duties and authority of board or its agents. - A. The duty of enforcing this act [76-10-11 to 76-10-22...

Section 76-10-19 - Seizure. - Any lot of agricultural or vegetable seed not in compliance...

Section 76-10-20 - Injunction. - When in the performance of his [its] duties the board...

Section 76-10-21 - Violations and prosecutions. - Every violation of the provisions of this act [76-10-11 to...

Section 76-10-22 - Appropriation. - The legislature shall appropriate to the New Mexico state university...

Article 11 - Fertilizers

Section 76-11-1 - Short title. - Chapter 76, Article 11 NMSA 1978 may be cited as...

Section 76-11-2 - Administration of act. - The New Mexico Fertilizer Act shall be administered by the...

Section 76-11-3 - Definitions. - As used in the New Mexico Fertilizer Act: A. "board"...

Section 76-11-4 - Registration. - A. Each brand and grade of fertilizer and each soil...

Section 76-11-5 - Labeling. - A. A fertilizer distributed in this state in containers shall...

Section 76-11-6 - Inspection fees. - A. There shall be paid to the department for all...

Section 76-11-7 - Inspection; sampling; analysis. - A. The department shall sample, inspect, make analyses of and...

Section 76-11-8 - Plant food deficiency. - A. If the analysis shows that a fertilizer falls short...

Section 76-11-9 - Commercial value. - For the purpose of determining the commercial values to be...

Section 76-11-10 - Misbranding. - A person shall not distribute misbranded fertilizer or soil conditioner....

Section 76-11-10.1 - Adulteration. - No person shall distribute an adulterated fertilizer product. A fertilizer...

Section 76-11-11 - Tonnage reports. - The person transacting, distributing or selling fertilizer or soil conditioner...

Section 76-11-12 - Publications. - The board shall publish at least annually and in a...

Section 76-11-13 - Rules. - For the enforcement of the New Mexico Fertilizer Act, the...

Section 76-11-14 - Short weight. - If a fertilizer or soil conditioner in the possession of...

Section 76-11-15 - Cancellation of registrations. - The department may cancel the registration of any brand of...

Section 76-11-16 - Stop sale orders. - The department may issue and enforce a written or printed...

Section 76-11-17 - Seizure; condemnation; sale. - A. Any lot of fertilizer or soil conditioner not in...

Section 76-11-18 - Violations. - A. If it appears from the examination of a fertilizer...

Section 76-11-19 - Exchanges between manufacturers. - Nothing in the New Mexico Fertilizer Act shall be construed...

Section 76-11-20 - Cooperation with other agencies. - The department may cooperate with and enter into agreements with...

Article 12 - Cooperative Marketing Associations

Section 76-12-1 - Short title. - This act [76-12-1 to 76-12-23 NMSA 1978] may be cited...

Section 76-12-2 - Declaration of policy. - In order to promote, foster and encourage the intelligent handling,...

Section 76-12-3 - Definitions. - As used in this act [76-12-1 through 76-12-23 NMSA 1978],...

Section 76-12-4 - Who may organize. - Five or more natural persons of full age, engaged in...

Section 76-12-5 - Purposes. - An association may be organized under this act [76-12-1 through...

Section 76-12-6 - Powers. - Each association incorporated under this act [76-12-1 to 76-12-23 NMSA...

Section 76-12-7 - Articles of incorporation. - The incorporators of an association to be formed under the...

Section 76-12-8 - Filing and recording articles of incorporation. - The articles of incorporation shall be filed with the secretary...

Section 76-12-9 - Amendments to articles of incorporation. - The articles of incorporation may be altered or amended at...

Section 76-12-10 - Bylaws. - Each association incorporated under this act [76-12-1 to 76-12-23 NMSA...

Section 76-12-11 - Members. - A. Under the terms and conditions prescribed in the bylaws...

Section 76-12-12 - Issuance of membership certificates and stock. - A. When a member of an association has paid his...

Section 76-12-13 - General and special meeting; how called. - One or more regular meetings shall be held annually in...

Section 76-12-14 - Directors; election. - The affairs of the association shall be managed by a...

Section 76-12-15 - Officers. - The officers of every such association shall be a president,...

Section 76-12-16 - Contracts between associations and members. - A. Members may be required to execute contracts as a...

Section 76-12-17 - Associations heretofore organized may adopt the provisions of this act. - Any association organized under previously existing statutes may elect, by...

Section 76-12-18 - Associations are not in restraint of trade. - A. Any association organized hereunder and complying with the terms...

Section 76-12-19 - Quo warranto to test validity of incorporation. - The right of an association claiming to be organized and...

Section 76-12-20 - Taxation. - It is the duty of every association organized pursuant to...

Section 76-12-21 - Application of general corporation laws. - The provisions of the general business corporation laws of this...

Section 76-12-22 - Repeal; saving's [saving] clause. - Chapter 66, Session Laws of 1927, (being Sections 31-201 to...

Section 76-12-23 - Interpretation. - Each and all the rights and remedies hereby given shall...

Article 13 - Processors of Agricultural Products (Repealed.)

Section 76-13-1 to 76-13-9 - Repealed. - Repeals. — Laws 2001, ch. 76, § 1 repealed 76-13-1...

Article 14 - Cotton Ginning and Handling (Repealed.)

Section 76-14-1 to 76-14-15 - Repealed. - Repeals. — Laws 2001, ch. 76, § 1, repealed 76-14-1...

Article 15 - Fruit and Vegetable Standards

Section 76-15-1 - Repealed. - History: 1941 Comp., § 48-1824, enacted by Laws 1949, ch....

Section 76-15-2 - Repealed. - History: 1941 Comp., § 48-1825, enacted by Laws 1949, ch....

Section 76-15-3 - Repealed. - History: 1941 Comp., § 48-1826, enacted by Laws 1949, ch....

Section 76-15-4 - Repealed. - History: 1941 Comp., § 48-1827, enacted by Laws 1949, ch....

Section 76-15-5 - Repealed. - History: 1941 Comp., § 48-1828, enacted by Laws 1949, ch....

Section 76-15-6 - Repealed. - History: 1941 Comp., § 48-1829, enacted by Laws 1949, ch....

Section 76-15-7 - Repealed. - History: 1941 Comp., § 48-1830, enacted by Laws 1949, ch....

Section 76-15-8 - Repealed. - History: 1941 Comp., § 48-1831, enacted by Laws 1949, ch....

Section 76-15-9 - Repealed. - History: 1941 Comp., § 48-1832, enacted by Laws 1949, ch....

Section 76-15-10 - Exclusions and exemptions. - The Produce Marketing Act [76-15-10 to 76-15-21 NMSA 1978] shall...

Section 76-15-11 - Short title. - This act [76-15-10 to 76-15-21 NMSA 1978] may be cited...

Section 76-15-12 - Purpose of act. - The purpose of the Produce Marketing Act is to promote...

Section 76-15-13 - Definitions. - As used in the Produce Marketing Act: A. "produce" means...

Section 76-15-14 - Application; license; bonds. - Except for a cash buyer, no person shall act as...

Section 76-15-15 - License fees; bonds. - The fees and bonds required under the Produce Marketing Act...

Section 76-15-16 - Records and accounts. - All persons licensed under the Produce Marketing Act shall keep...

Section 76-15-17 - Board regulations. - The board is authorized to: A. establish, after proper hearing,...

Section 76-15-18 - Voluntary certification; fees. - Any grower, or broker, desiring federal-state inspection certificates on loads...

Section 76-15-19 - Penalties. - Any person violating any provision of the Produce Marketing Act...

Section 76-15-20 - Injunction. - In addition to any other remedy under law, the board...

Section 76-15-21 - Individual action on bond. - In the absence of written agreement between the parties, setting...

Section 76-15-22 - Repealed. - History: 1953 Comp., § 45-17-45, enacted by Laws 1963, ch....

Article 16 - Pecans

Section 76-16-1 - [Definitions.] - In this act [76-16-1 to 76-16-9 NMSA 1978], unless the...

Section 76-16-2 - Declaration. - The purpose of this act [76-16-1 to 76-16-9 NMSA 1978]...

Section 76-16-3 - [Enforcement; rules and regulations; effect; agents and employees; payment.] - The regents of the college of agriculture and mechanic arts...

Section 76-16-4 - [Inspection and police powers.] - Such regents, their agents and employees shall have power to...

Section 76-16-5 - Standard for unshelled pecans. - A. Unshelled pecans shall be free from blanks and from...

Section 76-16-6 - Pecans not in conformity with act. - A. It shall be unlawful to pack or cause to...

Section 76-16-7 - Seizure. - A. Any unshelled pecans packed, stored or delivered for shipment,...

Section 76-16-8 - Prosecution. - The district attorney of any judicial district in which a...

Section 76-16-9 - Penalty for violation. - Any person who violates any provision of this act [76-16-1...

Article 17 - Peanuts (Repealed.)

Section 76-17-1 to 76-17-9 - Repealed. - Repeals. — Laws 1997, ch. 97, § 1 repealed 76-17-1...

Article 18 - Cotton Districts

Section 76-18-1 - Short title. - This act [76-18-1 to 76-18-9 NMSA 1978] may be cited...

Section 76-18-2 - Purpose of act. - The purpose of the Cotton District Act is to promote...

Section 76-18-3 - Definitions. - As used in the Cotton District Act: A. "cotton" means...

Section 76-18-4 - Duties of director. - Under supervision and control of the board of regents of...

Section 76-18-5 - Districts; organization. - A. Whenever twenty-five or more growers within any given area...

Section 76-18-6 - Expenses; fees; disbursements. - A. In order to defray necessary expenses he incurs in...

Section 76-18-7 - Limitation of liability. - The director and members and employees of a district board...

Section 76-18-8 - Penalty. - Any person who violates any provision of the Cotton District...

Section 76-18-9 - Injunction. - The director may bring an action in the district court...

Article 19 - Commercial Feeds (Repealed.)

Section 76-19-1 - Repealed. - History: 1953 Comp., § 47-22-1, enacted by Laws 1961, ch....

Section 76-19-2 - Repealed. - History: 1953 Comp., § 47-22-2, enacted by Laws 1961, ch....

Section 76-19-3 - Repealed. - History: 1953 Comp., § 47-22-3, enacted by Laws 1961, ch....

Section 76-19-4 - Repealed. - History: 1953 Comp., § 47-22-4, enacted by Laws 1961, ch....

Section 76-19-5 - Repealed. - History: 1953 Comp., § 47-22-5, enacted by Laws 1961, ch....

Section 76-19-6 - Repealed. - History: 1953 Comp., § 47-22-6, enacted by Laws 1973, ch....

Section 76-19-7 - Repealed. - History: 1953 Comp., § 47-22-7, enacted by Laws 1961, ch....

Section 76-19-8 - Repealed. - History: 1953 Comp., § 47-22-8, enacted by Laws 1961, ch....

Section 76-19-9 - Repealed. - History: 1953 Comp., § 47-22-9, enacted by Laws 1961, ch....

Section 76-19-10 - Repealed. - History: 1953 Comp., § 47-22-10, enacted by Laws 1961, ch....

Section 76-19-11 - Repealed. - History: 1953 Comp., § 47-22-11, enacted by Laws 1961, ch....

Section 76-19-12 - Repealed. - History: 1953 Comp., § 47-22-12, enacted by Laws 1961, ch....

Section 76-19-13 - Repealed. - History: 1953 Comp., § 47-22-12.1, enacted by Laws 1973, ch....

Section 76-19-14 - Repealed. - History: 1953 Comp., § 47-22-13, enacted by Laws 1961, ch....

Article 19A - Commercial Feed

Section 76-19A-1 - Short title. - Chapter 76, Article 19A NMSA 1978 may be cited as...

Section 76-19A-2 - Definitions. - As used in the New Mexico Commercial Feed Act: A....

Section 76-19A-3 - Board and department powers and duties. - A. The New Mexico Commercial Feed Act shall be administered...

Section 76-19A-4 - Applicability. - The New Mexico Commercial Feed Act applies to mineral feed,...

Section 76-19A-5 - Exemptions. - The following are exempt from the provisions of the New...

Section 76-19A-6 - Prohibited acts. - A person shall not: A. manufacture or distribute commercial feed...

Section 76-19A-7 - Misbranding. - A commercial feed shall be deemed to be misbranded if:...

Section 76-19A-8 - Adulteration. - A commercial feed is adulterated if: A. it bears or...

Section 76-19A-9 - Labeling. - A. Commercial feed, except customer-formula feed, shall be accompanied by...

Section 76-19A-10 - Registration of commercial feed. - A. All commercial feed, except customer-formula feed, shall be registered...

Section 76-19A-10.1 - Spay and neuter program fee. (Repealed effective July 1, 2026.) - A. Except as provided in Subsection B of this section,...

Section 76-19A-11 - Inspection, sampling and analysis. - A. Except as provided in Subsection E of this section,...

Section 76-19A-12 - Inspection fees; reports; cancellation of registrations. - A. An inspection fee shall be paid to the board...

Section 76-19A-13 - Detained commercial feed. - A. When an employee or agent of the department has...

Section 76-19A-14 - Injunctions; appeals of decisions of the department. - A. The department may apply to the district court for...

Section 76-19A-15 - Penalties. - A person convicted of violating Section 6 [76-19A-6 NMSA 1978]...

Section 76-19A-16 - Cooperation with other entities. - The department may cooperate with and enter into agreements with...

Section 76-19A-17 - Annual reports. - The department shall publish an annual report on the manufacture...

Article 20 - Agricultural Market Development

Section 76-20-1 - Short title. - This act [76-20-1 to 76-20-5 NMSA 1978] may be cited...

Section 76-20-2 - Definitions. - As used in the Agricultural Market Development Act of 1979:...

Section 76-20-3 - Market development program. - The department is authorized to and may engage in a...

Section 76-20-4 - Limitations. - A. Nothing in the Agricultural Market Development Act of 1979...

Section 76-20-5 - Reporting. - A. The department shall report to the legislature at each...

Article 21 - Agricultural Commodity Commissions

Section 76-21-1 - Short title. - This act [76-21-1 to 76-21-22 NMSA 1978] may be cited...

Section 76-21-2 - Definitions. - As used in the Agricultural Commodity Commission Act: A. "animal"...

Section 76-21-3 - Petition for establishment of commission for a particular commodity. - Any twenty-five or more persons interested in the production of...

Section 76-21-4 - Petition filing fee. - A. The director shall prepare and deliver to the petitioners...

Section 76-21-5 - Hearings regarding establishment of commodity commission; notice of hearings. - A. Within sixty days after the petition has been filed...

Section 76-21-6 - Determination by director regarding need for commodity commission. - A. After hearing, the director shall determine, based upon the...

Section 76-21-7 - Referendum regarding establishment of commodity commission after determination by director. - A. If the director determines the need for a commission...

Section 76-21-8 - Creation of commission. - The director shall declare a commission created if the proposition...

Section 76-21-9 - Election of members of commission; number of producers and handlers. - A. The commission shall be composed of from five to...

Section 76-21-10 - Ex officio member of commission. - The director or his designee shall be ex officio member...

Section 76-21-11 - Qualifications of members. - Each member of the commission shall have the following qualifications...

Section 76-21-12 - Removal of members. - A. The director shall immediately declare the office of any...

Section 76-21-13 - Commission organization; meetings. - The commission shall meet as soon as practicable for the...

Section 76-21-14 - Authority of commission generally. - The commission may: A. conduct or cause to be conducted...

Section 76-21-15 - Levy of assessment on commodity sales. - A. The commission may assess, levy and collect an assessment,...

Section 76-21-16 - Refunds. - Any producer on whose behalf an assessment has been paid...

Section 76-21-17 - First purchaser of commodity to make reports and pay assessment. - A. On dates established by the commission, the first purchaser...

Section 76-21-18 - Records of person required to pay assessment. - Each person required to pay an assessment on a commodity...

Section 76-21-19 - Records and accounts of commission. - The commission shall: A. submit to the director for approval...

Section 76-21-20 - Referendum on continuance of commission. - After three years from the date any commission is created,...

Section 76-21-21 - Disposition of funds. - A. All funds received by the commission shall be received...

Section 76-21-22 - Public Purchases Act; Personnel Act; exemption; Tort Claims Act. - The commission is exempt from the operation of the Public...

Article 21A - Organic Production

Section 76-21A-1 - Short title. - This act [76-21A-1 to 76-21A-5 NMSA 1978] may be cited...

Section 76-21A-2 - New Mexico department of agriculture; powers. - A. The Organic Production Act shall be administered and enforced...

Section 76-21A-3 - Repealed. - History: Laws 2011, ch. 29, § 3; repealed by Laws...

Section 76-21A-4 - Disposition of funds. - All money received by the New Mexico department of agriculture...

Section 76-21A-5 - Applicability to other laws. - A. Any transactions involving agricultural products that bear labels stating...

Article 22 - Organic Commodities (Repealed.)

Section 76-22-1 - Repealed. - History: Laws 1990, ch. 122, § 1; 1993, ch. 330,...

Section 76-22-2 - Repealed. - History: Laws 1990, ch. 122, § 2; 1993, ch. 330,...

Section 76-22-3 - Repealed. - History: Laws 1990, ch. 122, § 3; 1993, ch. 330,...

Section 76-22-4 - Repealed. - History: Laws 1990, ch. 122, § 4; 1993, ch. 330,...

Section 76-22-5 - Repealed. - History: Laws 1990, ch. 122, § 5; 2004, ch. 64,...

Section 76-22-6 - Repealed. - History: Laws 1990, ch. 122, § 6; 1993, ch. 330,...

Section 76-22-7 - Repealed. - History: Laws 1990, ch. 122, § 7; 1993, ch. 330,...

Section 76-22-8 - Repealed. - History: Laws 1990, ch. 122, § 8; 1993, ch. 330,...

Section 76-22-9 - Repealed. - History: Laws 1990, ch. 122, § 9; repealed by Laws...

Section 76-22-10 - Repealed. - Repeals. — Laws 1993, ch. 330, § 18 repealed 76-22-10...

Section 76-22-11 - Repealed. - History: Laws 1990, ch. 122, § 11; repealed by Laws...

Section 76-22-12 - Repealed. - History: Laws 1990, ch. 122, § 12; 1993, ch. 330,...

Section 76-22-13 - Repealed. - History: Laws 1990, ch. 122, § 13; 1993, ch. 330,...

Section 76-22-14 - Repealed. - History: Laws 1990, ch. 122, § 14; 1993, ch. 330,...

Section 76-22-14.1 - Repealed. - History: Laws 2001, ch. 157, § 5; 2004, ch. 64,...

Section 76-22-15 - Repealed. - Repeals. — Laws 1993, ch. 330, § 18 repealed 76-22-15...

Section 76-22-16 - Repealed. - History: Laws 1990, ch. 122, § 16; 1993, ch. 330,...

Section 76-22-17 - Repealed. - History: Laws 1990, ch. 122, § 17; repealed by Laws...

Section 76-22-18 - Repealed. - History: 1978 Comp., § 76-22-18, enacted by Laws 1993, ch....

Section 76-22-19 - Repealed. - History: Laws 1990, ch. 122, § 19; repealed by Laws...

Section 76-22-20 - Repealed. - History: Laws 1990, ch. 122, § 20; repealed by Laws...

Section 76-22-21 - Repealed. - History: Laws 1990, ch. 122, § 21; repealed by Laws...

Section 76-22-22 - Repealed. - History: Laws 1990, ch. 122, § 22; 2004, ch. 64,...

Section 76-22-23 - Repealed. - History: Laws 1990, ch. 122, § 23; 1993, ch. 330,...

Section 76-22-24 - Repealed. - History: Laws 1990, ch. 122, § 24; 1993, ch. 330,...

Section 76-22-25 - Repealed. - History: Laws 1990, ch. 122, § 25; repealed by Laws...

Section 76-22-26 - Repealed. - History: Laws 1990, ch. 122, § 26; 1993, ch. 330,...

Section 76-22-27 - Repealed. - History: Laws 1990, ch. 122, § 27; 1993, ch. 330,...

Section 76-22-28 - Repealed. - History: Laws 1990, ch. 122, § 28; 1993, ch. 330,...

Article 23 - Apple Commission (Repealed.)

Section 76-23-1 to 76-23-9 - Repealed. - Repeals. — Laws 2001, ch. 23, § 2, and Laws...

Article 24 - Hemp Manufacturing

Section 76-24-1 - Repealed. - History: Laws 2017, ch. 139, § 1; repealed by Laws...

Section 76-24-2 - Hemp; New Mexico department of agriculture; New Mexico hemp research and development fund. - A. The intent of this section is to bring New...

Section 76-24-3 - Short title. - Chapter 76, Article 24 NMSA 1978 may be cited as...

Section 76-24-4 - Definitions. - As used in the Hemp Manufacturing Act: A. "board" means...

Section 76-24-5 - Harvest certificate or other authority; requirement; issuance. - A. A person licensed by the New Mexico department of...

Section 76-24-6 - Unprocessed hemp testing laboratories; requirements. - A. The New Mexico department of agriculture shall issue licenses...

Section 76-24-7 - Hemp breeder; requirements; exemptions. - A. The New Mexico department of agriculture shall issue licenses...

Section 76-24-8 - Hemp manufacturers; permits; rules; requirements. - A. The department of environment shall issue permits pursuant to...

Section 76-24-9 - Transporting hemp and hemp-derived materials; manifest; rules; requirements. - A. A person shall not transport hemp unless during such...

Section 76-24-10 - Indian nations, tribes and pueblos; no state regulation; cooperative or joint powers agreements; recognition of tribally issued licenses. - A. The state acknowledges that federally recognized Indian nations, tribes...

Article 25 - Healthy Soil

Section 76-25-1 - Short title. - This act [76-25-1 to 76-25-5 NMSA 1978] may be cited...

Section 76-25-2 - Definitions. - As used in the Healthy Soil Act: A. "board of...

Section 76-25-3 - Healthy soil program; created; purpose. - A. The "healthy soil program" is created in the department....

Section 76-25-4 - Healthy soil program; soil assessment and education; grant program; department; duties; rulemaking. - A. The program shall be composed of: (1) a healthy...

Section 76-25-5 - Use of appropriated funds. - Funds appropriated to the board of regents for the department...

Article 26 - New Mexico Agricultural Workforce Development Program

Section 76-26-1 - Short title. - This act [76-26-1 to 76-26-3 NMSA 1978] may be cited...

Section 76-26-2 - Definitions. - As used in the New Mexico Agricultural Workforce Development Program...

Section 76-26-3 - Agricultural workforce development program created; general provisions; rulemaking. - A. The "New Mexico agricultural workforce development program" is created...

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New Mexico Statutes Chapter 76 - Agriculture

New Mexico Statutes
Chapter 76 - Agriculture