The department may require a person producing, selling or offering for sale or shipping or transporting any nursery or florist stock within the state to affix or have printed on each package of stock a certification statement as prescribed by the department. When a certification statement is required, it is unlawful for any transportation company, public carrier, commercial truck or other agency engaged in the business of transportation to ship, transport or accept for shipment any package of nursery or florist stock until the required certification statement is attached to the package.
History: 1953 Comp., § 45-8-34, enacted by Laws 1959, ch. 195, § 13; 1973, ch. 97, § 12; 1979, ch. 193, § 7; 2013, ch. 15, § 8.
The 2013 amendment, effective June 14, 2013, permitted the department of agriculture to require persons selling or transporting nursery or florist stock to affix a certification statement to each package of stock; prohibited the transportation of nursery or florist stock without fixing a certification statement to the package when a certification statement is required; in the first sentence, at the beginning of the sentence, deleted "Every" and added "The department may require a", after "stock within the state", deleted "shall have affixed", after "stock within the state to", added "affix", and after "within the state to affix or", added "have"; and in the second sentence, at the beginning of the sentence, added "When a certification statement is required" and after "certification statement is attached", deleted "thereto" and added "to the package".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 90.
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.