Any person violating the provisions of the Plant Protection Act or, after a notice to cease and desist, violating any rule, regulation or order promulgated under the Plant Protection Act, upon conviction thereof shall be guilty of a petty misdemeanor. Each day the person remains in violation constitutes a separate offense. The license of any such person may also be revoked.
History: 1953 Comp., § 45-8-38, enacted by Laws 1959, ch. 195, § 17; 1967, ch. 53, § 11; 1973, ch. 97, § 17.
Severability. — Laws 1959, ch. 195, § 19, provided for the severability of the act if any part or application thereof was held invalid.
Violation of rules as punishable offenses. — Absent a statement in the penalty section that violations of rules promulgated under the section and violations of the act itself would be equally punishable as misdemeanors, the courts found no legislative directive that violations of the rules are punishable as offenses. State v. Allen, 1967-NMSC-029, 77 N.M. 433, 423 P.2d 867 (now see 76-5-28 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 64, 66, 67, 70, 94, 103, 104, 127 to 130.
3 C.J.S. Agriculture § 94.
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.