A. The commission may assess, levy and collect an assessment, the amount of which shall not exceed the maximum stated in the petition for referendum, on all units, plants or animals of the commodity produced or handled within this state and sold in commercial channels. If the commission determines it is impractical to assess on units of the commodity sold into commercial channels, or on wire, twine, binding or packaging material, an assessment may be imposed on the producer. All casual sales of the commodity made by the producer direct to the consumer shall be exempt from the assessment. The amount of the assessment shall be determined by the commission and published annually.
B. The assessment shall be levied and assessed to the producer at the time of sale and shall be deducted by the first purchaser from the price paid to the producer. In the case of assessments imposed on wire, twine, binding or packaging materials, the assessment shall be added to the purchase price by the seller and paid to the commission. In the case of acreage assessments, the amount shall be imposed on the producer at a time established by the commission and the producer shall pay the assessment directly to the commission.
History: Laws 1983, ch. 231, § 15; 1993, ch. 36, § 1.
The 1993 amendment, effective July 1, 1993, inserted the second sentence in Subsection A and added the last two sentences in Subsection B.
Structure New Mexico Statutes
Article 21 - Agricultural Commodity Commissions
Section 76-21-1 - Short title.
Section 76-21-2 - Definitions.
Section 76-21-3 - Petition for establishment of commission for a particular commodity.
Section 76-21-4 - Petition filing fee.
Section 76-21-5 - Hearings regarding establishment of commodity commission; notice of hearings.
Section 76-21-6 - Determination by director regarding need for commodity commission.
Section 76-21-8 - Creation of commission.
Section 76-21-9 - Election of members of commission; number of producers and handlers.
Section 76-21-10 - Ex officio member of commission.
Section 76-21-11 - Qualifications of members.
Section 76-21-12 - Removal of members.
Section 76-21-13 - Commission organization; meetings.
Section 76-21-14 - Authority of commission generally.
Section 76-21-15 - Levy of assessment on commodity sales.
Section 76-21-17 - First purchaser of commodity to make reports and pay assessment.
Section 76-21-18 - Records of person required to pay assessment.
Section 76-21-19 - Records and accounts of commission.
Section 76-21-20 - Referendum on continuance of commission.
Section 76-21-21 - Disposition of funds.
Section 76-21-22 - Public Purchases Act; Personnel Act; exemption; Tort Claims Act.