Boards of county commissioners in the various counties of this state are authorized and empowered and it is hereby made their duty whenever a petition is presented to them signed by twenty-five fruit growers, owners of orchards and residents of the county, stating in substance that there is danger in the introduction in said county of the "codlin moth," or other worms or insects destructive to fruit by reason of the shipment of apples or other fruits into said county, and when said commissioners upon examination are satisfied of the truth of the petition presented, they may by proclamation prohibit the shipment of fruit into said county by an imposition of a license or other lawful means, which said commissioners may deem best and most effective to accomplish the purpose of this chapter.
History: Laws 1899, ch. 56, § 1; Code 1915, § 2743; C.S. 1929, § 66-115; 1941 Comp., § 48-804; 1953 Comp., § 45-8-4.
Compiler's notes. — The 1915 Code compilers substituted "chapter" for "act." The former would refer to Chapter 54 of the 1915 Code, the sections of which are now compiled as 76-3-1 to 76-3-14 NMSA 1978, and this section. This was the only operative section in the 1899 act.
Law reviews. — For article, "An Administrative Procedure Act For New Mexico," see 8 Nat. Resources J. 114 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 85.
Structure New Mexico Statutes
Article 5 - Insect Pests and Plant Diseases
Section 76-5-3 - Purpose of act.
Section 76-5-4 - Definition; transfer.
Section 76-5-5 - Duties and powers of the board.
Section 76-5-6 - Land users' consent; control districts; local control committees.
Section 76-5-7 - Alternative method when disaster area declared.
Section 76-5-8 - Duties and powers of local control committees.
Section 76-5-9 - Special land user's assessment; enforced collection.
Section 76-5-10 - Disposition of assessments proceeds.
Section 76-5-11 - Short title.
Section 76-5-12 - Definitions.
Section 76-5-13 - Authority to inspect.
Section 76-5-14 - Inspection before sale.
Section 76-5-15 - Inspection of nurseries.
Section 76-5-16 - Dealers' or agents' licenses.
Section 76-5-20 - Viability standards.
Section 76-5-21 - Collected plants.
Section 76-5-23 - Transporting within the state.
Section 76-5-25 - Powers of board and department.