reglab/housing_qa huggingface dataset:
NM Stat § 76-4-12 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-12 - Judicial action after "stop sale, use or removal" order.

A. After service of a "stop sale, use or removal" order is made upon any person, that person or the registrant or the department may file an action in a court of competent jurisdiction, in the county in which a violation of the Pesticide Control Act or regulations adopted thereunder is alleged to have occurred, for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions, mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device that does not meet the requirements of the Pesticide Control Act or regulations adopted thereunder. B. If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs. However, the pesticide or device shall not be sold contrary to the provisions of the Pesticide Control Act or regulations adopted thereunder. Upon payment of the costs of the condemnation proceedings and the execution and delivery of a bond as prescribed by the court to assure the pesticide or device shall not be sold or disposed of contrary to the provisions of the Pesticide Control Act or regulations adopted pursuant thereto, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing or otherwise bringing the product into compliance. C. When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide or device. History: 1953 Comp., § 45-25-12, enacted by Laws 1973, ch. 366, § 12. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 42. 3 C.J.S. Agriculture § 100.
NM Stat § 76-4-13 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-13 - Pesticide dealer license.

A. It is unlawful for any person to act in the capacity of a pesticide dealer, or advertise as, or assume to act as a pesticide dealer at any time without first having obtained an annual license from the department. A license shall be required for each location or outlet located within this state from which pesticides are distributed. Any manufacturer, registrant or distributor who has no pesticide dealer outlet licensed within this state and who distributes pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet. B. Application for a license shall be accompanied by the prescribed annual license fee and shall be on a form provided by the department. The application shall include: (1) the full name and title of the person applying for the license; (2) the address of each outlet to be licensed; (3) the principal business address of the applicant; (4) the name of a person domiciled in this state authorized to receive and accept service of summons and legal notices of all kinds for the applicant; and (5) any other necessary information prescribed by the department. C. Provisions of this section shall not apply to a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service when the pesticides are dispensed only through an apparatus used for such pesticide application, or any federal, state or county agency, or municipality which provides pesticides only for its own programs. D. Each pesticide dealer shall be responsible for the acts of each individual employed by him in the solicitation and sale of pesticides and all claims and recommendations for the use of pesticides. The dealer license shall be subject to denial, suspension or revocation after a hearing for any violation of the Pesticide Control Act or regulations adopted thereunder, whether committed by the dealer or by an officer, agent or employee of the dealer. History: 1953 Comp., § 45-25-13, enacted by Laws 1973, ch. 366, § 13. ANNOTATIONSCross references. — For grounds for denial, suspension or revocation of license, see 76-4-23 NMSA 1978.
NM Stat § 76-4-14 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-14 - Pest management consultant.

No individual shall perform services as a pest management consultant without first obtaining from the department an annual license. Application for a license shall be on a form provided by the department and shall be accompanied by the prescribed fee. Licensed pesticide applicators and operators and employees of federal, state and county agencies, or municipalities, when acting in their official capacities, shall be exempt from this licensing provision. History: 1953 Comp., § 45-25-14, enacted by Laws 1973, ch. 366, § 14.
NM Stat § 76-4-15 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-15 - Public pest management consultant.

A "public pest management consultant" means any individual who is employed by a governmental agency or municipality to act as a pest management consultant. No person shall act as a public pest management consultant without first obtaining an annual nonfee license from the department. Application for a license shall be on a form provided by the department. The nonfee license shall be valid only when the consultant is acting in that capacity as an employee of his governmental employer. Federal and state employees whose principal responsibilities are in pesticide research shall be exempt from this licensing provision while acting in their official capacities. History: 1953 Comp., § 45-25-15, enacted by Laws 1973, ch. 366, § 15.
NM Stat § 76-4-16 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-16 - Examinations for pest management consultant license.

The department shall require each applicant for a pest management consultant license or a public pest management consultant license to demonstrate the applicant's knowledge of pesticide laws and regulations, pesticide hazards and the safe distribution, use, application and disposal of pesticides by satisfactorily passing a written examination for the classification for which he has applied, prior to issuing his license. The prescribed examination fee shall be paid for the initial examination and other examinations needed to qualify the applicant to perform services as a pest management consultant. The public pest management consultant shall not be required to pay the examination fee and an examination shall be administered upon request. History: 1953 Comp., § 45-25-16, enacted by Laws 1973, ch. 366, § 16.
NM Stat § 76-4-17 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-17 - Commercial pesticide applicator license.

A. It is unlawful for any person to engage in the business of applying pesticides at any time to land not owned or occupied by him without a commercial pesticide applicator license issued by the department. The commercial pesticide applicator shall pay an annual prescribed fee for each license issued. Should any apparatus fail to pass inspection making it necessary for an additional inspection to be made, the department shall require a prescribed inspection fee. In addition to the required inspection, additional inspections may be made to determine if equipment is properly calibrated and maintained in conformance with the Pesticide Control Act and regulations adopted pursuant thereto. B. Application for a license shall be on a form provided by the department. C. The department shall not issue a commercial pesticide applicator license until the applicant has passed an examination to demonstrate his knowledge of how to apply pesticides under the classification or classifications he has applied for, and his knowledge of the nature and effect of pesticides he may apply. The department shall charge the prescribed examination fee for the initial examination and other examinations needed to qualify the applicant to apply pesticides. D. The department shall renew any applicant's license under the classification for which the applicant is certified; provided that the applicant's license is not under a suspension or revocation order and he has met the provisions of the Pesticide Control Act. E. The department shall not issue a commercial applicator license if it has been determined that: (1) the applicant has been convicted within the last five years of a felony involving fraud; (2) the applicant has had revoked within the last two years a previous license authorized by the Pesticide Control Act; (3) the applicant has been unable to satisfactorily fulfill the certification requirements; or (4) [the applicant] has had any pesticide application or a license denied, revoked or suspended in any state in the last five years. F. All applicants for a commercial applicator license shall meet at least one of the following requirements prior to being issued a license and shall file proof of compliance as specified by the department: (1) documentation of two years of pesticide application experience in the category or related category for which application is being made; or (2) documentation of one year of pesticide application experience in the category or related category for which application is being made and not less than twenty college credit hours in biological or agricultural sciences. History: 1953 Comp., § 45-25-17, enacted by Laws 1973, ch. 366, § 17; 1979, ch. 394 § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Cross references. — For inspection of apparatus, see 76-4-26 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 101.
NM Stat § 76-4-18 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-18 - Operator license.

A. It is unlawful for any individual to act as an employee of a commercial pesticide applicator and apply pesticides without having obtained an operator license from the department. B. The department shall issue an operator license when the applicant has passed an examination to demonstrate his ability to apply pesticides safely and effectively with the type of apparatus and in the classification for which he has applied. The department shall charge the prescribed examination fee for each examination administered. C. The provisions of this section shall not apply to any individual who is a licensed commercial pesticide applicator. History: 1953 Comp., § 45-25-18, enacted by Laws 1973, ch. 366, § 18; 1979, ch. 394, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 101.
NM Stat § 76-4-19 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-19 - Application of act to governmental entities; public applicator's license required.

A. A public applicator shall be subject to the provisions of the Pesticide Control Act and rules adopted pursuant to that act. B. Public applicators shall be subject to examinations or other licensing provisions as provided in the Pesticide Control Act or by rule promulgated by the board. The department shall issue a limited license without fee to the public applicator who has qualified for the license. The public applicator license shall be valid only when the applicator is acting as an applicator applying pesticides used by federal, state, county or municipal agencies or municipal corporations. Government research personnel shall be exempt from this licensing requirement only when applying general use pesticides to experimental plots. History: 1953 Comp., § 45-25-19, enacted by Laws 1973, ch. 366, § 19; 1979, ch. 394, § 6; 2009, ch. 101, § 2; 2009, ch. 109, § 2. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted "All state agencies, federal agencies and municipal corporations or any other governmental agency", added "A public applicator"; and at the end of the sentence, deleted "thereunder concerning the application of pesticides unless exempt under other sections of the Pesticide Control Act"; and added "pursuant that act"; in Subsection B, after "Public applicators", deleted "for agencies listed in this section"; after "examinations", added "or other licensing provisions"; added "or by rule promulgated by the board; after "applicator applying", deleted "or supervising application of restricted use"; and after "pesticides used by", deleted "such entities"; and added "federal, state, county or municipal agencies or municipal corporations". Laws 2009, ch. 101, § 2 and Laws 2009, ch. 109, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 109, § 2. See 12-1-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 43. 3 C.J.S. Agriculture § 101.
NM Stat § 76-4-20 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-20 - Private applicators.

A. No private applicator shall use a restricted use pesticide without first complying with the certification requirements determined by the department as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons. B. In determining these certification requirements, the board shall take into consideration standards of the United States environmental protection agency. Certification requirements for a private applicator to be certified to use restricted use pesticides may include but shall not be limited to the following: (1) the applicant shall acknowledge that he understands and will abide by the label precautions by signing a dealer's pesticide register. The register shall include the name and address of the private applicator and other information as prescribed by the department. The dealer shall keep a record of all restricted use pesticides distributed to a private applicator; (2) the applicant shall obtain a user permit prior to purchase and use of the pesticide. The department may issue restricted use pesticide permits to private applicators who have documented the crops, location and acreage on the permit for the seasonal or temporary period for which their permit is issued. User permits shall only be issued for registered or experimental uses and shall be subject to other limitations as specified by the department. The limitations may include limiting the areas of use, the timing or method of application and limiting the amount of the pesticide to that needed to cover the acreage to be treated; (3) the applicant shall be required to pass a written examination demonstrating his competency with respect to the use and handling of the pesticide or pesticides covered by his certification prior to purchase and use of the product; and (4) the applicant shall be required to obtain approval from the department for each application involving a specific risk to the environment. The applicant shall submit to the department an application form for a special review permit. The application shall include detailed information on the intended use, the responsible person in charge and the equipment and conditions under which the pesticide application is to be made. The department in reviewing the application for a special review permit may require additional restrictions such as on-site inspection or supervision. C. The department shall charge the prescribed fee for each certification. D. If a private applicator does not qualify, the department shall inform the applicant in writing. E. Private applicator certification shall be valid for a period of not less than three years, established by the board. History: 1953 Comp., § 45-25-20, enacted by Laws 1973, ch. 366, § 20; 1979, ch. 394, § 7.
NM Stat § 76-4-20.1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-20.1 - Noncommercial applicator license.

A. A noncommercial applicator shall not use a restricted use or state restricted use pesticide without having a valid current noncommercial applicator license issued by the department for the license use categories and subcategories in which the pesticide application is made. B. Application for an original or renewal license shall be on a form prescribed by the department. An annual prescribed fee shall be charged for each noncommercial applicator license issued. C. The department shall not issue a noncommercial applicator license until the applicant has passed a written certification examination to demonstrate to the department the applicant's knowledge of how to apply pesticides under the classifications for which the applicant has applied and the applicant's knowledge of the nature and effect of pesticides the applicant may apply under such classifications. D. The department shall renew any applicant's license under the classification for which the applicant is certified; provided that the applicant's license is not under a suspension or revocation order and the applicant has complied with the provisions of the Pesticide Control Act. E. Nothing in this section shall imply the right to apply pesticides for hire without first having obtained a commercial applicator license. History: Laws 1979, ch. 394, § 8; 2009, ch. 101, § 3; 2009, ch. 109, § 3. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted the phrase "Any person who is not a private applicator, commercial applicator or public applicator, except a person working under their direct supervision" and added the phrase "A noncommercial applicator". Laws 2009, ch. 101, § 3 and Laws 2009, ch. 109, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 109, § 3. See 12-1-8 NMSA 1978.
NM Stat § 76-4-21 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-21 - Expiration date of licenses.

The board shall set by regulation the expiration date for the annual pesticide registration or any license provided for in the Pesticide Control Act. History: 1953 Comp., § 45-25-21, enacted by Laws 1973, ch. 366, § 21; 1979, ch. 394, § 9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 101.
NM Stat § 76-4-22 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-22 - Fees.

A. Fees for the registration of pesticides, the various licenses, inspection of apparatuses and examination of applicants required by the Pesticide Control Act shall be set by the board not to exceed the amount authorized below: (1) annual registration fee for eachpesticide or device registered, not more than $150; (2) annual pesticide dealer license for each location or outlet within the state or, if there is no outlet in the state, for the principal out-of-state location or outlet, not more than $100; (3) annual pest management consultant license, not more than $100; (4) annual commercial pesticide applicator license, not more than $100; (5) annual operator license, not more than $75.00; (6) annual noncommercial applicator license, not more than $100; (7) private applicator certification or renewal, not more than $25.00; (8) additional inspection required to certify each unit of aircraft, ground or manual equipment that fails to pass inspection, not more than $25.00; and (9) examination fee for each examination needed to qualify the applicant as a pest management consultant, commercial pesticide applicator, noncommercial applicator or operator or any combination thereof, not more than $20.00. B. If the application for the renewal of a pesticide registration or any annual license provided for in the Pesticide Control Act is not filed prior to the expiration date of the prior registration or license, the fee for renewal of registration or license shall be double the amount specified in this section and shall be paid by the applicant before the renewal registration or license is issued. Any person holding a current valid license may renew the license for the next year without taking an examination unless the department determines that additional knowledge relating to the classification for which the applicant has applied makes a new examination necessary. However, if the license is not renewed within thirty days after expiration, the licensee shall be required to take new certification examinations. History: 1953 Comp., § 45-25-22, enacted by Laws 1973, ch. 366, § 22; 1979, ch. 394, § 10; 2005, ch. 200, § 1. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, increased the registration fees in Subsection A(1) through (7) and (9). Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 95.
NM Stat § 76-4-24 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-24 - Surety bond or insurance required of commercial pesticide applicators.

The department shall not issue a commercial pesticide applicator license until the applicant has furnished evidence of financial responsibility with the department consisting either of a surety bond or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant. However, the surety bond or liability insurance policy need not apply to damages or injury to land being worked upon by the applicant. The department shall not accept a surety bond or liability insurance policy except from authorized insurers or surplus line brokers authorized to do business in the state. A. The amount of the surety bond or liability insurance as provided for in this section shall be set by the board. The surety bond or liability insurance shall be maintained, at a sum not less than that specified by the board, at all times during the license period. The department shall be notified ten days prior to any reduction made at the request of the applicant or cancellation of the surety bond or liability insurance by the surety or insurer. The department may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount prescribed by the board. If the applicant has not satisfied the requirements of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the department unless the applicant furnishes the department with a surety bond or liability insurance which shall satisfy the amount of the deductible pertaining to all claims that may arise in his application of pesticides. B. The applicator license shall, whenever the surety bond or insurance policy of the licensee is reduced below the requirements of the Pesticide Control Act and regulations adopted pursuant thereto, be automatically suspended until the surety bond or insurance policy again meets these requirements. The department may retrieve the license plates or decal of the licensee during the period of automatic suspension and return them only when the licensee has furnished the department with written proof that he is again in compliance. C. Nothing in the Pesticide Control Act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides, even though such use conforms to the rules and regulations of the board. History: 1953 Comp., § 45-25-24, enacted by Laws 1973, ch. 366, § 24. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 101.