A. The penalties provided for violations of Paragraphs (1) through (5) of Subsection A of Section 5 [76-4-5 NMSA 1978] of the Pesticide Control Act shall not apply to:
(1) any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon request, permit the department to copy all records showing the transactions in and movement of the pesticides or devices;
(2) public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research; or
(3) the manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental use permit issued by the department and by the United States environmental protection agency.
B. No pesticide or device shall be deemed in violation of the Pesticide Control Act when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of the Pesticide Control Act and regulations adopted thereunder shall apply.
History: 1953 Comp., § 45-25-35, enacted by Laws 1973, ch. 366, § 35.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 21, 66.
3 C.J.S. Agriculture § 53.
Structure New Mexico Statutes
Section 76-4-2 - Enforcing agency.
Section 76-4-5 - Prohibited acts.
Section 76-4-6 - Registration.
Section 76-4-7 - Experimental use permits.
Section 76-4-8 - Refusal to register; cancellation; suspension.
Section 76-4-9.1 - State preemption.
Section 76-4-10 - Sampling and examination of pesticides or devices; residue analysis.
Section 76-4-11 - "Stop sale, use or removal" order.
Section 76-4-12 - Judicial action after "stop sale, use or removal" order.
Section 76-4-13 - Pesticide dealer license.
Section 76-4-14 - Pest management consultant.
Section 76-4-15 - Public pest management consultant.
Section 76-4-16 - Examinations for pest management consultant license.
Section 76-4-17 - Commercial pesticide applicator license.
Section 76-4-18 - Operator license.
Section 76-4-19 - Application of act to governmental entities; public applicator's license required.
Section 76-4-20 - Private applicators.
Section 76-4-20.1 - Noncommercial applicator license.
Section 76-4-21 - Expiration date of licenses.
Section 76-4-24 - Surety bond or insurance required of commercial pesticide applicators.
Section 76-4-26 - Inspection of equipment.
Section 76-4-27 - License plates or decals for apparatus.
Section 76-4-28 - Farmer or rancher exemption.
Section 76-4-30 - Discarding and storing of pesticides and pesticide containers.
Section 76-4-31 - Access to public or private premises.
Section 76-4-32 - Classification of licenses.
Section 76-4-35 - Persons exempted from certain penalties.
Section 76-4-37 - Publication of information.