A. Except as provided in Subsection B of this section, in addition to the commercial feed registration fee required pursuant to Section 76-19A-10 NMSA 1978, the department shall collect an annual fee on each pet food registered with the department as follows:
(1) beginning January 1, 2021, fifty dollars ($50.00);
(2) beginning January 1, 2022, seventy-five dollars ($75.00); and
(3) on and after January 1, 2023, one hundred dollars ($100).
B. The provisions of Subsection A of this section do not apply in cases of:
(1) prescription diet pet food prescribed by a veterinarian; or
(2) pet food manufactured by a person who demonstrates to the board, in a manner prescribed by the board, that the person's tax-year annual gross revenue from the distribution of pet food is no more than three million dollars ($3,000,000).
C. The fee collected pursuant to Subsection A of this section shall be distributed as follows:
(1) ninety-six percent of the fee shall be deposited with the state treasurer and credited to the statewide spay and neuter subaccount of the animal care and facility fund; and
(2) four percent of the fee shall be distributed to the department to administer the New Mexico Commercial Feed Act.
History: Laws 2020, ch. 69, § 5.
Delayed repeals. — Laws 2020, ch. 69, § 6 repeals Laws 2020, ch. 69, § 5 effective July 1, 2026.
Effective dates. — Laws 2020, ch. 69, § 7 made Laws 2020, ch. 69, § 5 effective July 1, 2020.
Structure New Mexico Statutes
Section 76-19A-1 - Short title.
Section 76-19A-2 - Definitions.
Section 76-19A-3 - Board and department powers and duties.
Section 76-19A-4 - Applicability.
Section 76-19A-5 - Exemptions.
Section 76-19A-6 - Prohibited acts.
Section 76-19A-7 - Misbranding.
Section 76-19A-8 - Adulteration.
Section 76-19A-10 - Registration of commercial feed.
Section 76-19A-10.1 - Spay and neuter program fee. (Repealed effective July 1, 2026.)
Section 76-19A-11 - Inspection, sampling and analysis.
Section 76-19A-12 - Inspection fees; reports; cancellation of registrations.
Section 76-19A-13 - Detained commercial feed.
Section 76-19A-14 - Injunctions; appeals of decisions of the department.
Section 76-19A-15 - Penalties.