The department is authorized to inspect all nurseries in the state and all nursery stock grown within the state. If the nursery stock is found to be free of plant pests, an inspection certificate shall be issued certifying that the nursery stock has been inspected and is believed to be free from plant pests. The certificate shall be valid for one license year. If, at any subsequent inspection, the nursery is found to be infested with plant pests, the certificate may be canceled until the conditions are corrected.
History: 1953 Comp., § 45-8-27, enacted by Laws 1959, ch. 195, § 6; 1967, ch. 53, § 5; 1973, ch. 97, § 4; 1979, ch. 193, § 3; 2013, ch. 15, § 4.
The 2013 amendment, effective June 14, 2013, expanded the scope of the department of agriculture's authority to inspect nurseries; and in the first sentence, after "The department", deleted "shall make an annual inspection of" and added "is authorized to inspect" and after "stock grown within the state", deleted "before the stock is offered for sale".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 68.
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.