The department may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of fertilizer or soil conditioner and to be held at a designated place when the department finds the fertilizer or soil conditioner is being offered or exposed for sale in violation of any of the provisions of the New Mexico Fertilizer Act until the law has been complied with and the fertilizer or soil conditioner is released in writing by the department or the violation has been otherwise legally disposed of by written authority. The department shall release the fertilizer or soil conditioner so withdrawn when the requirements of the provisions of the New Mexico Fertilizer Act have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
History: 1953 Comp., § 45-13-26, enacted by Laws 1963, ch. 184, § 16; 1975, ch. 181, § 16; 2013, ch. 112, § 15.
The 2013 amendment, effective June 14, 2013, authorized the department to issue stop sale orders for all fertilizers; and in four places, deleted "commercial" before "fertilizer".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 70, 71.
3 C.J.S. Agriculture § 80.
Structure New Mexico Statutes
Section 76-11-1 - Short title.
Section 76-11-2 - Administration of act.
Section 76-11-3 - Definitions.
Section 76-11-4 - Registration.
Section 76-11-6 - Inspection fees.
Section 76-11-7 - Inspection; sampling; analysis.
Section 76-11-8 - Plant food deficiency.
Section 76-11-9 - Commercial value.
Section 76-11-10 - Misbranding.
Section 76-11-10.1 - Adulteration.
Section 76-11-11 - Tonnage reports.
Section 76-11-12 - Publications.
Section 76-11-14 - Short weight.
Section 76-11-15 - Cancellation of registrations.
Section 76-11-16 - Stop sale orders.
Section 76-11-17 - Seizure; condemnation; sale.
Section 76-11-18 - Violations.