reglab/housing_qa huggingface dataset:
NM Stat § 76-10-21 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 10 - Seeds|Section 76-10-21 - Violations and prosecutions.

Every violation of the provisions of this act [76-10-11 to 76-10-22 NMSA 1978], and every violation of any rules and regulations promulgated under this act, after a notice to cease and desist, shall be deemed a misdemeanor punishable by a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding two hundred fifty dollars ($250) for each subsequent similar offense. When the board or its agent shall find that any person has violated any of the provisions of this act, they or their duly authorized agent or agents may institute proceedings in a court of competent jurisdiction in the county in which the violation occurred, to have such person convicted therefor. The board or its agents may file with the district attorney in each district, with a view of [toward] prosecution, such evidence as may be deemed necessary; provided, however, that no prosecution under this act shall be instituted without the defendant first having been given an opportunity to appear before the board or its agents to introduce evidence either in person or by agent or attorney at a private hearing. If, after hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the board or its agents is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided. It is the duty of the district attorney in each district to institute proceedings at once against any person charged with a violation of this act, if, in the judgment of such officer the information submitted warrants such action. After judgment by the court in any case arising under this act, the board or its agent shall publish any information pertinent to the issuance of the judgment by the court in such media as he [it] may designate from time to time. History: 1953 Comp., § 45-12-30, enacted by Laws 1967, ch. 68, § 11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 66.
NM Stat § 76-10-22 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 10 - Seeds|Section 76-10-22 - Appropriation.

The legislature shall appropriate to the New Mexico state university annually the amount necessary, out of the moneys of the state, except moneys reserved for the payment of the public debt, for the purpose of complying with this act [76-10-11 to 76-10-22 NMSA 1978] and to fulfill and carry out its purposes. History: 1953 Comp., § 45-12-31, enacted by Laws 1967, ch. 68, § 12.
NM Stat § 76-11-1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-1 - Short title.

Chapter 76, Article 11 NMSA 1978 may be cited as the "New Mexico Fertilizer Act". History: 1953 Comp., § 45-13-11, enacted by Laws 1963, ch. 184, § 1; 1975, ch. 181, § 1; 2013, ch. 112, § 1. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, added the NMSA chapter and article for the New Mexico Fertilizer Act; and deleted "Article 13 of Chapter 45, NMSA 1978" and added "Chapter 76, Article 11 NMSA 1978".
NM Stat § 76-11-2 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-2 - Administration of act.

The New Mexico Fertilizer Act shall be administered by the board of regents of the New Mexico state university through the New Mexico department of agriculture. History: 1953 Comp., § 45-13-12, enacted by Laws 1963, ch. 184, § 2; 1975, ch. 181, § 2. ANNOTATIONSCross references. — For department of agriculture under control of board of regents, see 76-1-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 5, 10, 11. 14A C.J.S. Colleges and Universities § 17.
NM Stat § 76-11-4 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-4 - Registration.

A. Each brand and grade of fertilizer and each soil conditioner product shall be registered before being distributed in the state. The application for registration shall be submitted to the department on a form furnished by the department and shall be accompanied by a fee of five dollars ($5.00) per brand or grade, except that those brands or grades sold in packages of five pounds or less shall be registered at a fee of fifteen dollars ($15.00) each. Upon approval by the department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. B. A distributor shall not be required to register a brand of fertilizer or soil conditioner that is already registered under the New Mexico Fertilizer Act by another person. C. A distributor shall not be required to register a fertilizer formulated according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer as provided in Subsection C of Section 76-11-5 NMSA 1978. History: 1953 Comp., § 45-13-14, enacted by Laws 1963, ch. 184, § 4; 1975, ch. 181, § 4; 2013, ch. 112, § 3. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, expanded the scope of the registration requirement to apply to all fertilizers; and in Subsections A, B and C, deleted "commercial" before "fertilizer. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57. Constitutionality, construction, and application of statutes relating to testing or sampling of agricultural fertilizers, 147 A.L.R. 765. 3 C.J.S. Agriculture § 77.
NM Stat § 76-11-5 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-5 - Labeling.

A. A fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) the net weight or other measure prescribed as satisfactory to the board; (2) brand and grade; (3) guaranteed analysis; (4) name and address of the registrant; and (5) directions for use for fertilizer distributed to a consumer. B. If a fertilizer is distributed in bulk, a written or printed statement of the information required by Subsection A of this section shall accompany delivery and be supplied to the purchaser at time of delivery. C. A fertilizer formulated according to specifications that are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis and the name and address of the distributor. D. Each brand of soil conditioner distributed in the state shall be accompanied by a legible label bearing the following information: (1) net weight or other measure prescribed as satisfactory by the board; (2) the brand name under which the soil conditioner is distributed; (3) an accurate statement of composition and purpose; and (4) the name and address of the registrant. History: 1953 Comp., § 45-13-15, enacted by Laws 1963, ch. 184, § 5; 1975, ch. 181, § 5; 2013, ch. 112, § 4. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, expanded the scope of the labeling requirements to apply to all fertilizers; required that labels include directions for use of the fertilizer; in Subsections A, B and C, deleted "commercial" before "fertilizer"; and added Paragraph (5) of Subsection A. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57. 3 C.J.S. Agriculture § 78.
NM Stat § 76-11-6 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-6 - Inspection fees.

A. There shall be paid to the department for all fertilizer and soil conditioner distributed in the state an inspection fee set by the board at a rate not to exceed thirty-five cents ($.35) a ton; provided that sales to manufacturers or exchanges between them are exempted. Fees so collected shall be used for the payment of the costs of inspection, sampling and analysis and other expenses necessary for the administration of the New Mexico Fertilizer Act. B. On individual packages of fertilizer or soil conditioner containing five pounds or less, there shall be paid in lieu of the annual registration fee of five dollars ($5.00) per brand and grade of fertilizer and each soil conditioner product and the required inspection fee an annual registration fee and inspection fee of fifteen dollars ($15.00). Where a person sells fertilizer or soil conditioner in packages of five pounds or less and in packages over five pounds, the annual registration and inspection fee of fifteen dollars ($15.00) applies only to that portion sold in packages of five pounds or less, and that portion sold in packages over five pounds is subject to the inspection fee. C. A person who distributes a fertilizer or soil conditioner in the state shall file with the department on forms furnished by the department a quarterly statement for the periods ending March 31, June 30, September 30 and December 31 setting forth the number of net tons of each fertilizer or soil conditioner distributed in the state during the quarter. The report is due on or before the last day of the month following the close of each quarter. The inspection fee shall be paid at the time of filing of the statement. If the tonnage report is not filed and the payment of inspection fee is not made within thirty days after the end of the quarter, a collection fee amounting to ten percent, but not less than ten dollars ($10.00), of the amount shall be assessed against the registrant, and the amount of fees due constitutes a debt and becomes the basis of a judgment against the registrant. D. When more than one person is involved in the distribution of fertilizer or soil conditioner, the first person who has the fertilizer or soil conditioner registered and who distributes to a nonregistrant dealer or consumer is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been previously made by a prior distributor. History: 1953 Comp., § 45-13-16, enacted by Laws 1963, ch. 184, § 6; 1975, ch. 181, § 6; 2013, ch. 112, § 5. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required that fees be paid for all fertilizers; and in Subsections A, B, C and D, deleted "commercial" before "fertilizer". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57. 3 C.J.S. Agriculture § 76.
NM Stat § 76-11-7 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-7 - Inspection; sampling; analysis.

A. The department shall sample, inspect, make analyses of and test fertilizers and soil conditioners distributed within the state at a time and place and to the extent necessary to determine whether the fertilizer or soil conditioner is in compliance with the New Mexico Fertilizer Act. The department may enter upon public or private premises or carriers during the regular business hours in order to have access to fertilizer or soil conditioners and may examine records relating to the distribution of fertilizer and soil conditioners subject to the provisions of the New Mexico Fertilizer Act and the rules adopted pursuant to that act. B. The methods of analysis and sampling shall be those adopted by the department from sources such as the association of official agricultural chemists. In cases not covered by such methods, or in cases where methods in which improved applicability has been demonstrated are available, the department may adopt such appropriate methods from other sources. C. The department, in determining for administrative purposes whether a fertilizer is deficient in plant food, shall be guided solely by the official sample, as defined by Section 76-11-3 NMSA 1978, obtained and analyzed as provided for in Subsection B of this section. D. Upon request, the department shall furnish to the registrant a portion of any sample found subject to penalty or other legal action. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of ninety days from issuance of a deficiency report. History: 1953 Comp., § 45-13-17, enacted by Laws 1963, ch. 184, § 7; 1975, ch. 181, § 7; 2013, ch. 112, § 6. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, expanded the scope of the inspection and sampling requirements to apply to all fertilizers; authorized the examination of records relating to distribution of fertilizers and soil conditioners; required the retention of samples; established a penalty for nutrient deficiency; in Subsections A and C, deleted "commercial" before "fertilizer"; in Subsection A, in the first sentence, after "to the extent", deleted "as it may be deemed", and in the second sentence, after "soil conditioners", added "and may examine records relating to the distribution of fertilizer and soil conditioners" and after "Fertilizer Act and the", deleted "regulations pertaining thereto" and added "rules adopted pursuant to the Act"; in Subsection B, added the second sentence; in Subsection C, deleted "of the New Mexico Fertilizer Act"; and in Subsection D, added the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57. Constitutionality of statute making certificate of result of chemical analysis evidence, 29 A.L.R. 290. Constitutionality, construction and application of statutes relating to testing or sampling of agricultural fertilizers, 105 A.L.R. 348, 147 A.L.R. 765. 3 C.J.S. Agriculture § 76.
NM Stat § 76-11-9 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-9 - Commercial value.

For the purpose of determining the commercial values to be applied under the provisions of Section 76-11-8 NMSA 1978, the department shall determine and publish annually the values per pound of nitrogen, available phosphate and soluble potash in fertilizers in the state. If guarantees are provided, the values shall be per pound of nitrogen, phosphorus and potassium. The values determined and published shall be used in determining and assessing penalties. History: 1953 Comp., § 45-13-19, enacted by Laws 1963, ch. 184, § 9; 1975, ch. 181, § 9; 2013, ch. 112, § 8. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required the department to publish the values of phosphate and potash in all fertilizers; and in the first sentence, after "nitrogen, available", deleted "phosphoric acid" and added "phosphate", and after "soluble potash in", deleted "commercial". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 70, 71. 3 C.J.S. Agriculture § 81.
NM Stat § 76-11-10 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-10 - Misbranding.

A person shall not distribute misbranded fertilizer or soil conditioner. A fertilizer or soil conditioner is misbranded if: A. its labeling is false or misleading in any particular; B. it is distributed under the name of another fertilizer or soil conditioner product; C. it is not labeled as required in Section 76-11-5 NMSA 1978 and in accordance with rules prescribed under the New Mexico Fertilizer Act; or D. it purports to be or is represented as a fertilizer or soil conditioner or is represented as containing a plant nutrient, fertilizer or soil conditioner unless such plant nutrient, fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by rule of the board; in adopting such rules, the board shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the association of American plant food control officials. History: 1953 Comp., § 45-13-20, enacted by Laws 1975, ch. 181, § 10; 2013, ch. 112, § 9. ANNOTATIONSRepeals and reenactments. — Laws 1975, ch. 181, § 10, repealed 45-13-20, 1953 Comp., relating to false or misleading statements, and enacted a new section. The 2013 amendment, effective June 14, 2013, prohibited the distribution of misbranded fertilizer and soil conditioner; in the introductory sentence and in Subsection D, deleted "commercial" before "fertilizer"; and in Subsections C and D, deleted "regulations" and added "rules". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57. 3 C.J.S. Agriculture § 78.
NM Stat § 76-11-10.1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-10.1 - Adulteration.

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: A. it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use that may be necessary to protect beneficial plant life, animals, humans, aquatic life, soil or water are not shown on the label; B. its composition falls below or differs from that which it is purported to possess by its labeling; or C. it contains unwanted crop seed or weed seed. History: Laws 2013, ch. 112, § 19. ANNOTATIONSEffective dates. — Laws 2013, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 76-11-11 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-11 - Tonnage reports.

The person transacting, distributing or selling fertilizer or soil conditioner to a nonregistrant shall mail the department a report showing the county of the consignee, the amounts in tons of each grade of fertilizer and each soil conditioner product and the form in which the fertilizer or soil conditioner was distributed such as bags, liquid, bulk or other forms. This information shall be reported by one of the following methods: A. submitting a summary report approved by the department on or before the fifteenth day of each month covering shipments made during the preceding month; or B. submitting a copy of the invoice within five business days after shipment. Information furnished to the department under this section shall not be disclosed in such a way as to divulge the operation of any person. History: 1953 Comp., § 45-13-21, enacted by Laws 1963, ch. 184, § 11; 1971, ch. 203, § 1; 1975, ch. 181, § 11; 2013, ch. 112, § 10. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required tonnage reports for all fertilizers; and in the introductory paragraph, in two places, deleted "commercial" before "fertilizer". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 70, 71. 3 C.J.S. Agriculture § 79.
NM Stat § 76-11-12 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-12 - Publications.

The board shall publish at least annually and in a form it deems proper: A. information concerning the distribution of fertilizers and soil conditioners; and B. results of analysis based on official samples of fertilizers and soil conditioners distributed within the state as compared with the analysis guaranteed in the registration and the label. History: 1953 Comp., § 45-13-22, enacted by Laws 1963, ch. 184, § 12; 1975, ch. 181, § 12; 2013, ch. 112, § 11. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required the board to publish information and results of analysis for all fertilizers; and in Subsections A and B, deleted "commercial" before "fertilizer".
NM Stat § 76-11-13 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-13 - Rules.

For the enforcement of the New Mexico Fertilizer Act, the board may prescribe and, after public hearing following due public notice, adopt the rules relating to the distribution of fertilizers and soil conditioners that it may find necessary to carry into effect the full intent and meaning of the New Mexico Fertilizer Act. Under this section, the board may promulgate rules for the storing, hauling and handling of anhydrous ammonia and other gaseous or liquid fertilizers, and they shall have the same effect as law. History: 1953 Comp., § 45-13-23, enacted by Laws 1963, ch. 184, § 13; 1967, ch. 69, § 1; 1975, ch. 181, § 13; 2013, ch. 112, § 12. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized the board to adopt rules relating to the distribution of all fertilizers; in the title of the section, deleted "regulations" and added "rules"; in the first and the second sentences, deleted "regulations" and added "rules"; and in the first sentence, deleted "commercial" before "fertilizer". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57. 3 C.J.S. Agriculture § 76.
NM Stat § 76-11-14 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-14 - Short weight.

If a fertilizer or soil conditioner in the possession of the consumer is found by the department to be short in weight or other measure prescribed by the board, the registrant of the fertilizer or soil conditioner shall, within thirty days after official notice from the department, pay to the consumer a penalty equal to four times the value of the actual shortage. History: 1953 Comp., § 45-13-24, enacted by Laws 1963, ch. 184, § 14; 1975, ch. 181, § 14; 2013, ch. 112, § 13. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, imposed the short weight penalty for all fertilizers; and in two places, deleted "commercial" before "fertilizer". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 80.
NM Stat § 76-11-15 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-15 - Cancellation of registrations.

The department may cancel the registration of any brand of fertilizer or soil conditioner or refuse to register any brand of fertilizer or soil conditioner upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of the New Mexico Fertilizer Act or any rules promulgated under that act; provided that no registration shall be revoked or refused until the registrant is given an opportunity to appear for a hearing by the department. History: 1953 Comp., § 45-13-25, enacted by Laws 1963, ch. 184, § 15; 1975, ch. 181, § 15; 2013, ch. 112, § 14. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized the board to cancel the registration for all brands of fertilizers; in two places, deleted "commercial" before the "fertilizer"; and deleted "regulations" and added "rules". Law reviews. — For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1967). 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 Am. Jur. 2d Agriculture § 57. 3 C.J.S. Agriculture §§ 75 to 76.