reglab/housing_qa huggingface dataset:
NM Stat § 76-3-3 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-3 - [Expense of abatement; lien; recording claim.]

The expense incurred by the county board of horticultural commissioners in abating the nuisance aforesaid shall become a lien upon the land where such orchards, nurseries, trees or articles are situated and upon such nurseries, orchards, trees or articles and the said county board of horticultural commissioners within ten days after the completion of the work necessary to abate said nuisance as set out, shall file for record, with the county clerk of the county in which said land, nurseries, orchards, trees or articles are situated, a statement of the expense and amount thereof, the name of the owner or reputed owner of the land, nurseries, orchards, trees or articles, and a description of the land, nurseries, orchards, trees or articles to be charged with the lien, sufficient for identification, which claim must be verified by the oath of the officer or representative of the county board of horticultural commissioners under whose direction or supervision the work necessary to the abatement of said nuisance was done. History: Laws 1909, ch. 69, § 2; Code 1915, § 2731; C.S. 1929, § 66-103; 1941 Comp., § 48-203; 1953 Comp., § 45-2-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 76-3-4 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-4 - [Clerk to record lien; fee.]

The clerk must record the claim of lien in the book kept by him for the recording of liens generally, and his fee for recording same shall be included in and be a part of the said lien. History: Laws 1909, ch. 69, § 3; Code 1915, § 2732; C.S. 1929, § 66-104; 1941 Comp., § 48-204; 1953 Comp., § 45-2-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 76-3-5 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-5 - Foreclosure; deficiency judgment.

If said lien is not discharged and paid within sixty days from the date of its filing with the county clerk, the county board of horticultural commissioners shall in its official capacity and name institute suit in the district court for the foreclosure of said lien, and the procedure therefor shall be the same as is provided by law for the foreclosure of a materialman's or mechanic's lien on real estate, and if said property does not bring enough to satisfy said lien claim, a deficiency judgment shall be had against the defendant, upon which execution shall issue. The lien claim herein provided for shall take priority over any mortgage, attachment, other lien or other claim against the premises against which such lien is filed. History: Laws 1909, ch. 69, § 4; Code 1915, § 2733; C.S. 1929, § 66-105; Laws 1931, ch. 116, § 2; 1941 Comp., § 48-205; 1953 Comp., § 45-2-5. ANNOTATIONSCross references. — For materialmen's and mechanics' liens generally, see 48-2-1 NMSA 1978 et seq.
NM Stat § 76-3-6 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-6 - [District attorney's duty.]

The district attorney shall represent the county board of horticultural commissioners in suits for the foreclosure of liens as provided in the preceding sections [76-3-1 to 76-3-5 NMSA 1978] of this chapter. History: Laws 1909, ch. 69, § 5; Code 1915, § 2734; C.S. 1929, § 66-106; 1941 Comp., § 48-206; 1953 Comp., § 45-2-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The compilers of the 1915 Code substituted "as provided in the preceding sections of this chapter" for "as above provided" and deleted "and shall receive a fee for his services of ten per cent of the amount received in said suits to be taxed as costs in said suits" at the end of the section. The words "this chapter" refer to Chapter 54 of the 1915 Code, the provisions of which are presently compiled as 76-3-1 to 76-3-14 and 76-5-1 NMSA 1978.
NM Stat § 76-3-7 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-7 - [District inspectors; quarantine guardian commissions; right of entry.]

The said county board of horticultural commissioners shall have power to divide the county into districts and to appoint a local inspector for each of said districts. The board of county commissioners of each county shall issue commissions as quarantine guardians to the members of said county board of horticultural commissioners, and to the local inspectors thereof. The said quarantine guardians, local inspectors or members of said county boards of horticultural commissioners shall have the authority to enter into any orchard, nursery or place or places where trees or plants are kept and offered for sale, or otherwise, or any house, storeroom, salesroom, depot or any other such place in their jurisdiction, to inspect the same, or any part thereof. History: Laws 1903, ch. 107, § 6 [3]; Code 1915, § 2735; C.S. 1929, § 66-107; 1941 Comp., § 48-207; 1953 Comp., § 45-2-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 42, 44, 45. 3 C.J.S. Agriculture §§ 85, 89.
NM Stat § 76-3-8 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-8 - [Records and reports of board.]

It shall be the duty of said county board of horticultural commissioners to keep a record of their official doings, and to make a report to the board of county commissioners on or before the first day of October of each year, of the condition of the fruit interests in their several districts, what is being done to eradicate insect pests, also to the disinfecting and as to quarantine against insects, pests and diseases, and as to carrying out all laws relative to the greatest good of the fruit interest. Said board of county commissioners shall incorporate so much of said report as may be of general interest in their annual report which they shall make to the governor of the state on or before the first day of December of each year. History: Laws 1903, ch. 107, § 7 [4]; Code 1915, § 2736; C.S. 1929, § 66-108; 1941 Comp., § 48-208; 1953 Comp., § 45-2-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
NM Stat § 76-3-9 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-9 - [Compensation of members; inspectors.]

Each member of the county board of horticultural commissioners, and each local inspector, shall be paid for each day actually engaged in the performance of his duties under this chapter, payable out of the county treasury of his county, such compensation as shall be determined by resolution of the board of county commissioners of the county, before entering into the discharge of his or their duties. History: Laws 1903, ch. 107, § 8 [5]; Code 1915, § 2737; C.S. 1929, § 66-109; 1941 Comp., § 48-209; 1953 Comp., § 45-2-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act. The words "this chapter" were substituted by the compilers of the 1915 Code for "this act" and refer to Chapter 54 of the 1915 Code compiled herein as 76-3-1 to 76-3-14 and 76-5-1 NMSA 1978.
NM Stat § 76-3-10 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-10 - [Removal of inspectors; members of board; monthly reports.]

Said county board of horticultural commissioners shall have power to remove any local inspector who shall fail to perform the duties of his office. If any member of the county board of horticultural commissioners shall fail to perform the duties of his office, as required by this chapter, he may be removed from office by the board of county commissioners, and the vacancy thus formed may be filled by appointment by said board of county commissioners. In addition to the annual report required by Section 76-3-8 NMSA 1978, the county board of horticulture [horticultural] commissioners shall make a monthly report of their doings to the board of county commissioners and the board of county commissioners may withhold warrant for their salary or compensation of said members and inspectors thereof until such time as said report is made. History: Laws 1903, ch. 107, § 9 [6]; Code 1915, § 2738; C.S. 1929, § 66-110; 1941 Comp., § 48-210; 1953 Comp., § 45-2-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act. The words "this chapter" were substituted by the compilers of the 1915 Code for "this act" and refer to Chapter 54 of the 1915 Code compiled herein as 76-3-1 to 76-3-14 and 76-5-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 17.
NM Stat § 76-3-11 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-11 - [Donations and bequests; meetings; lecturers; officers of board; bonds.]

The county board of horticultural commissioners may receive, manage, use and hold donations and bequests for promoting the objects of its formation. It shall meet semiannually, and as much oftener and at such places as it may deem expedient, to consult and adopt such measures as may best promote the horticultural industry of the county. It may, but without expense to the county, select and appoint competent and qualified persons to lecture in the county, for the purpose of illustrating practical horticultural topics, and imparting instruction in the methods of culture, pruning, fertilizing and also in the best methods of treating diseases of fruits and fruit trees, cleansing orchards and exterminating insect pests. The county board of horticultural commissioners shall at their first meeting select from among themselves a chairman, a secretary and a treasurer who shall furnish bond to the county commissioners in the sum of five hundred dollars ($500.00) for the faithful discharge of his duties. History: Laws 1903, ch. 107, § 10 [7]; Code 1915, § 2739; C.S. 1929, § 66-111; 1941 Comp., § 48-211; 1953 Comp., § 45-2-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
NM Stat § 76-3-12 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-12 - [Chairman's duties and powers.]

The chairman shall preside at all meetings of the board, shall countersign all checks for moneys paid out, and shall sign all contracts to which the county board of horticultural commissioners is a party: provided, the same shall have been approved by the board. He shall have power to call a meeting of the board at any time he deems it necessary, whenever requested by a majority of the board, or when requested in writing by six of the resident fruit growers. History: Laws 1903, ch. 107, § 11 [8]; Code 1915, § 2740; C.S. 1929, § 66-112; 1941 Comp., § 48-212; 1953 Comp., § 45-2-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
NM Stat § 76-3-13 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-13 - [Secretary's duties.]

The secretary shall attend all meetings of the board, and preserve records of its proceedings and all its correspondence, collect and preserve such books, pamphlets, periodicals and other documents as may be of interest to the horticulturalist [horticulturist], and to [sic] correspond with agricultural and horticultural societies and colleges and what other persons and bodies as he may be directed by the board. He shall also prepare such reports as are required by the board, and perform such other duties as will pertain to the office. History: Laws 1903, ch. 107, § 12 [9]; Code 1915, § 2741; C.S. 1929, § 66-113; 1941 Comp., § 48-213; 1953 Comp., § 45-2-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
NM Stat § 76-3-14 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 3 - County Board of Horticultural Commissioners|Section 76-3-14 - [Treasurer's duties.]

The duties of the treasurer shall be to receive and safely keep all moneys of the board. He shall pay out the same only for bills approved by the board, and shall render a detailed account to the board before the first of October of each year, or as often as may be required by the board, showing the amount of money received by the board and paid out by him. At the expiration of his term of office he shall turn over to his successor in office all moneys, books and papers of the board. He shall give bond in sum as provided for. History: Laws 1903, ch. 107, § 13 [10]; Code 1915, § 2742; C.S. 1929, § 66-114; 1941 Comp., § 48-214; 1953 Comp., § 45-2-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
NM Stat § 76-4-1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-1 - Title.

This act [76-4-1 to 76-4-39 (except 76-4-20.1) NMSA 1978] may be cited as the "Pesticide Control Act." History: 1953 Comp., § 45-25-1, enacted by Laws 1973, ch. 366, § 1. ANNOTATIONSCompiler's notes. — Laws 1973, ch. 366, which originally enacted the Pesticide Control Act, is presently compiled as 76-4-1 to 76-4-20, 76-4-21 to 76-4-28, 76-4-30 to 76-4-39 NMSA 1978. Laws 1992, ch. 25, § 1 enacted 76-4-9.1 NMSA 1978 as part of the Pesticide Control Act. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 55. Exterminator's tort liability for personal injury or death directly resulting from operations, 29 A.L.R.4th 987. Anticompetitive covenants: aerial spray dust business, 60 A.L.R.4th 965. Federal pre-emption of state common-law products liability claims pertaining to pesticides, 101 A.L.R. Fed. 887.
NM Stat § 76-4-2 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-2 - Enforcing agency.

The Pesticide Control Act shall be administered and enforced by the state department of agriculture, under the direction of the board of regents, New Mexico state university. History: 1953 Comp., § 45-25-2, enacted by Laws 1973, ch. 366, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 20, 21. 3 C.J.S. Agriculture §§ 8 to 24.
NM Stat § 76-4-7 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-7 - Experimental use permits.

A. No person shall conduct field tests using a pesticide not registered with the department or a registered pesticide for a use not previously approved in the registration without first having obtained an experimental use permit from the department. B. Any person may apply to the department for an experimental use permit for a pesticide. The department may issue an experimental use permit if it determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide. The department may refuse to issue an experimental use permit if it determines that issuance of such permit is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment. C. Use of a pesticide under an experimental use permit shall be under the supervision of the department and shall be subject to the terms and conditions and be for the period of time prescribed by the department in the permit. D. The department may revoke any experimental use permit at any time, if it finds that the terms or conditions of the permit are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. History: 1953 Comp., § 45-25-7, enacted by Laws 1973, ch. 366, § 7; 1979, ch. 394, § 2.
NM Stat § 76-4-8 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-8 - Refusal to register; cancellation; suspension.

A. If it does not appear to the department that the pesticide or device warrants the proposed claims or if the pesticide or device and its labeling and other required material do not comply with the provisions of the Pesticide Control Act or regulations adopted thereunder, the department shall notify the applicant of the manner in which the pesticide, device, labeling or other required material fails to comply with the provisions of the Pesticide Control Act and permit the applicant to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the department may refuse to register the pesticide or device. B. The department may, when it determines that a pesticide or device or its labeling does not comply with the provisions of the Pesticide Control Act or the regulations adopted thereunder, cancel the registration of a pesticide or device. C. The department shall, when it determines that a situation exists in which the continued use of a pesticide during the time required for cancellation under the Pesticide Control Act would likely result in unreasonable adverse effects on the environment, suspend on their own motion, the registration or a pesticide or device. History: 1953 Comp., § 45-25-8, enacted by Laws 1973, ch. 366, § 8. ANNOTATIONSCross references. — For stop sale, use or removal order, see 76-4-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 42. 3 C.J.S. Agriculture §§ 98, 100.
NM Stat § 76-4-9.1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-9.1 - State preemption.

Except as otherwise authorized in the Pesticide Control Act, no city, county or other political subdivision of the state and no home rule municipality shall adopt or continue in effect any ordinance, rule, regulation or statute regarding the registration, labeling, distribution, sale, handling, use, application, transportation or disposal of pesticides. History: Laws 1992, ch. 25, § 1. ANNOTATIONSEffective dates. — Laws 1992, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art IV, § 23, was effective on May 20, 1992.
NM Stat § 76-4-10 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-10 - Sampling and examination of pesticides or devices; residue analysis.

A. The sampling and examination of pesticides or devices shall be made under the direction of the department for the purpose of determining if they comply with the requirements of the Pesticide Control Act. B. The sampling of land, including agricultural products that are to be consumed by man or animals, may be made by the department to determine if pesticide residues are present that will cause unreasonable adverse effects on the environment or if the residues exceed the tolerance established by the United States environmental protection agency, New Mexico environmental improvement agency [department of environment] or restrictions established by other federal or state regulatory agencies. History: 1953 Comp., § 45-25-10, enacted by Laws 1973, ch. 366, § 10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The environmental improvement agency was abolished by Laws 1977, ch. 253, § 5. Section 4 of that act established the health and environment department, consisting of several divisions, including the environmental improvement division. Section 14 of that act provided that all references in law to the agency shall be construed to be references to the environmental improvement division. Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 53. 3 C.J.S. Agriculture § 99.
NM Stat § 76-4-11 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-11 - "Stop sale, use or removal" order.

When the department has reasonable cause to believe a pesticide or device is being distributed, used, stored or transported in violation of any of the provisions of the Pesticide Control Act or regulations adopted pursuant thereto, the department may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available to receive the order, the department may attach the order to the pesticide or device and notify the registrant. The pesticide or device shall not be distributed, used or removed until the provisions of the Pesticide Control Act have been complied with and the pesticide or device has been released in writing under conditions specified by the department or the alleged violation has been otherwise disposed of as provided in the Pesticide Control Act by a court of competent jurisdiction. History: 1953 Comp., § 45-25-11, enacted by Laws 1973, ch. 366, § 11. ANNOTATIONSCross references. — For judicial action after stop sale, use or removal order, see 76-4-12 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 42.