A. If it does not appear to the department that the pesticide or device warrants the proposed claims or if the pesticide or device and its labeling and other required material do not comply with the provisions of the Pesticide Control Act or regulations adopted thereunder, the department shall notify the applicant of the manner in which the pesticide, device, labeling or other required material fails to comply with the provisions of the Pesticide Control Act and permit the applicant to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the department may refuse to register the pesticide or device.
B. The department may, when it determines that a pesticide or device or its labeling does not comply with the provisions of the Pesticide Control Act or the regulations adopted thereunder, cancel the registration of a pesticide or device.
C. The department shall, when it determines that a situation exists in which the continued use of a pesticide during the time required for cancellation under the Pesticide Control Act would likely result in unreasonable adverse effects on the environment, suspend on their own motion, the registration or a pesticide or device.
History: 1953 Comp., § 45-25-8, enacted by Laws 1973, ch. 366, § 8.
Cross references. — For stop sale, use or removal order, see 76-4-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 42.
3 C.J.S. Agriculture §§ 98, 100.
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.