reglab/housing_qa huggingface dataset:
NM Stat § 76-5-7 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-7 - Alternative method when disaster area declared.

If the governor declares an area in New Mexico to be a disaster area because an area critically infested by range caterpillars or other range pests is endangering remaining areas of the state, the provisions of Sections 76-5-6 and 76-5-8 NMSA 1978 shall not apply. History: 1953 Comp., § 45-8-18.1, enacted by Laws 1977, ch. 383, § 2.
NM Stat § 76-5-8 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-8 - Duties and powers of local control committees.

Local control committees shall: A. cooperate with all federal and state agencies to facilitate the execution of the grasshopper and other range pest extermination program within control districts; B. levy and collect a special assessment, based on acreage sprayed or baited, against the land users within a control district whose lands have benefited from the extermination program; the special assessment against each land user shall be the sum equal to the land user's ratable share, as defined by proportional acreage treated, of one-half the state moneys expended for the extermination program within the control district; C. pay over to the state grasshopper and other range pest control board [New Mexico department of agriculture] moneys assessed and collected from land users within a control district; and D. render a complete report to the state grasshopper and other range pest control board [department] after the completion of the extermination program in the control district. History: 1953 Comp., § 45-8-19, enacted by Laws 1957, ch. 212, § 7; 1967, ch. 63, § 6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Section 76-5-4 NMSA 1978 provided that references to the "grasshopper and other range pest control board" means the New Mexico department of agriculture. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
NM Stat § 76-5-9 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-9 - Special land user's assessment; enforced collection.

Payment of the special assessment levied by a local control committee against a land user shall be due and payable upon the land user's receipt of an assessment statement from the committee. The committee's statements shall indicate: A. the total number of acres treated within the control district during the extermination program; B. the total acres treated which are under the control of the land user assessed; C. the total amount of state funds expended in the control district for the extermination program; and D. the amount assessed against the land user. Assessments by local control committees shall be subject to the same delinquency period, discounts, penalties and interest as are applied to the collection of ad valorem taxes. The control committees shall refer a delinquent assessment to a district attorney in the county of the land user's residence. It shall be the duty of the district attorney to sue and obtain judgment, and thereafter to enforce and satisfy the judgment so obtained. History: 1953 Comp., § 45-8-20, enacted by Laws 1957, ch. 212, § 8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 9.
NM Stat § 76-5-10 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-10 - Disposition of assessments proceeds.

The control board [New Mexico department of agriculture] shall remit assessment moneys received from local control committees to the state treasurer for the credit of the grasshopper and other range pest control fund; provided, however, the state range pest control board [department] shall credit moneys received from each local control committee to the account of the control district from which the money was received. History: 1953 Comp., § 45-8-21, enacted by Laws 1957, ch. 212, § 9; 1967, ch. 63, § 7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Section 76-5-4 NMSA 1978 provided that references to the "grasshopper and other range pest control board" means the New Mexico department of agriculture.
NM Stat § 76-5-11 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-11 - Short title.

Sections 76-5-11 through 76-5-28 NMSA 1978 may be cited as the "Plant Protection Act". History: 1953 Comp., § 45-8-22, enacted by Laws 1959, ch. 195, § 1; 2013, ch. 15, § 1. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, changed "This act" to "Sections 76-5-11 through 76-5-28 NMSA 1978". Purpose of this act is to insure that only disease-free nursery products are shipped into New Mexico. In order to accomplish this purpose there is a provision for the inspection of out-of-state nurseries to insure that such nursery is free from diseased plants and shrubs. The fee charged is merely for the purpose of providing means for the enforcement of the act and is not an unreasonable amount. 1956 Op. Att'y Gen. No. 56-6377 (rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 88.
NM Stat § 76-5-13 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-13 - Authority to inspect.

The department may inspect any nursery or other place or vehicle that might become infested or infected with plant pests or that may contain from time to time plants so infested or infected. The department may inspect or reinspect any nursery or florist stock within the state and inspect associated documentation. Nursery or florist stock or other plant material not found to meet viability standards as provided in Section 76-5-20 NMSA 1978 may be destroyed or removed from sale or managed in a manner deemed necessary by the department until the conditions are corrected. History: 1953 Comp., § 45-8-24, enacted by Laws 1959, ch. 195, § 3; 1967, ch. 53, § 2; 1973, ch. 97, § 2; 2013, ch. 15, § 3. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized the department of agriculture to inspect documentation associated with nursery and florist stock and to destroy or remove from sale nursery or florist stock that does not meet viability standards; in the second sentence, after "within the state", added "and inspect associated documentation"; and added the last sentence. Purpose of this act is to insure that only disease-free nursery products are shipped into New Mexico. In order to accomplish this purpose there is a provision for the inspection of out-of-state nurseries to insure that such nursery is free from diseased plants and shrubs. The fee charged is merely for the purpose of providing means for the enforcement of the act and is not an unreasonable amount. 1956 Op. Att'y Gen. No. 56-6377 (rendered under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 1, 4, 63 to 66, 69, 70, 72, 87, 88, 90, 94, 97, 99, 113, 120, 122 to 126. 3 C.J.S. Agriculture § 90.
NM Stat § 76-5-14 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-14 - Inspection before sale.

Every person growing or producing nursery stock for sale in this state shall, before selling, shipping or transporting, or offering for sale, shipment or transportation, any nursery stock so grown or produced, apply for an annual inspection of his nursery and nursery stock. The application for inspection shall be accompanied by the prescribed fee for the payment of such inspections. Persons who grow only vegetable plants for sale may obtain a special certificate for the prescribed fee. History: 1953 Comp., § 45-8-26, enacted by Laws 1959, ch. 195, § 5; 1967, ch. 53, § 4; 1973, ch. 97, § 3; 1979, ch. 193, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 90.
NM Stat § 76-5-15 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-15 - Inspection of nurseries.

The department is authorized to inspect all nurseries in the state and all nursery stock grown within the state. If the nursery stock is found to be free of plant pests, an inspection certificate shall be issued certifying that the nursery stock has been inspected and is believed to be free from plant pests. The certificate shall be valid for one license year. If, at any subsequent inspection, the nursery is found to be infested with plant pests, the certificate may be canceled until the conditions are corrected. History: 1953 Comp., § 45-8-27, enacted by Laws 1959, ch. 195, § 6; 1967, ch. 53, § 5; 1973, ch. 97, § 4; 1979, ch. 193, § 3; 2013, ch. 15, § 4. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, expanded the scope of the department of agriculture's authority to inspect nurseries; and in the first sentence, after "The department", deleted "shall make an annual inspection of" and added "is authorized to inspect" and after "stock grown within the state", deleted "before the stock is offered for sale". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 68.
NM Stat § 76-5-18 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-18 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 193, § 10, repealed 76-5-17 and 76-5-18 NMSA 1978, as enacted by Laws 1959, ch. 195, §§ 8 and 9, respectively, relating to the exemption of amateur gardeners from the Plant Protection Act and permits for shipping from out-of-state.
NM Stat § 76-5-19 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-19 - Labels.

All nursery stock and collected plants sold or trafficked in the state shall be securely and correctly labeled either as to common or botanical names based on a current and recognized industry reference. History: 1953 Comp., § 45-8-31, enacted by Laws 1959, ch. 195, § 10; 1967, ch. 53, § 9; 1973, ch. 97, § 8; 2013, ch. 15, § 6. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, generalized the source that may be used for common or botanical names; and after "botanical names", deleted "as recognized by 'Standardized Plant Names' prepared by the American joint committee on horticultural nomenclature or the 'Manual of Cultivated Plants' by L. H. Bailey", and added "based on a current and recognized industry reference". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 55. 3 C.J.S. Agriculture § 90.
NM Stat § 76-5-20 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-20 - Viability standards.

Only pest-free, sound and healthy nursery stock stored, offered or displayed under conditions that will maintain its vigor shall be offered for sale or sold. The offering for sale or sale of dead nursery stock or nursery stock so seriously weakened by drying or by excessive heat or cold or nursery stock that has been mechanically or otherwise treated to the extent of concealing its true condition or stock that for any cause is in such a condition that it is unable to grow satisfactorily with reasonable care or stock that may potentially be infested with a plant pest, is a violation of the Plant Protection Act. Florist stock offered for sale must be such that it is pest-free and will maintain its aesthetic value for a reasonable period of time after sale. History: 1953 Comp., § 45-8-31.1, enacted by Laws 1973, ch. 97, § 9; 2013, ch. 15, § 7. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, prohibited the sale of nursery stock that is infested with a plant pest; in the first sentence, at the beginning of the sentence, after "Only", added "pest-free"; in the second sentence, after "satisfactorily with reasonable care", added "or stock that may potentially be infested with a plant pest"; and in the third sentence, after "sale must be such that it", added "is pest-free and". Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions § 136. 3 C.J.S. Agriculture § 68.
NM Stat § 76-5-21 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-21 - Collected plants.

All persons collecting plants for sale must file with the department an application for a collected plants permit. The board may adopt regulations relative to collected plants. History: 1953 Comp., § 45-8-32, enacted by Laws 1959, ch. 195, § 11; 1973, ch. 97, § 10; 1979, ch. 193, § 5.
NM Stat § 76-5-22 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-22 - Repealed.

History: 1953 Comp., § 45-8-33, enacted by Laws 1959, ch. 195, § 12; 1973, ch. 97, § 11; 1979, ch. 193, § 6; repealed by Laws 2013, ch. 15, § 10.ANNOTATIONSRepeals. — Laws 2013, ch. 15, § 10 repealed 76-5-22 NMSA 1978, as enacted by Laws 1959, ch. 195, § 12, relating to certificates of inspection on stock brought into the state, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 76-5-23 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-23 - Transporting within the state.

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. ANNOTATIONSThe 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.
NM Stat § 76-5-24 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-24 - Forms.

It is duty of the department to prescribe all forms to be used in the administration and enforcement of the Plant Protection Act and to compile and furnish a list of all nurseries which have been certified to sell nursery or florist stock within the state and all the persons who have been certified to sell, ship, store or solicit orders for nursery or florist stock within the state. History: 1953 Comp., § 45-8-35, enacted by Laws 1959, ch. 195, § 14; 1973, ch. 97, § 13; 1979, ch. 193, § 8. ANNOTATIONS
NM Stat § 76-5-25 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-25 - Powers of board and department.

The department shall enforce the provisions of the Plant Protection Act. The board shall adopt and promulgate such rules as may be necessary for its administration and enforcement. The board may adopt sets of standards and grades for nursery stock and, if it so desires, adopt those standards and grades recommended by an industry-recognized reference, to take any action necessary to ensure that all nursery stock sold in the state meets the standards and grades established and to stop sales of any substandard stock. History: 1953 Comp., § 45-8-36, enacted by Laws 1959, ch. 195, § 15; 1973, ch. 97, § 14; 2013, ch. 15, § 9. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized the board of regents to adopt standards and grades recommended by an industry-recognized reference; and in the third sentence, after "adopt those standards and grades recommended by", deleted "the American association of nurserymen" and added "an industry-recognized reference". 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. — 3 Am. Jur. 2d Agriculture §§ 42, 50. 3 C.J.S. Agriculture §§ 19, 20.
NM Stat § 76-5-26 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-26 - Fees.

A. Fees paid for the licenses, certificates and permits required under the Plant Protection Act shall be set by regulation of the board, but shall not exceed the following amounts: (1) annual inspection fee of nursery and nursery stock, seventy-five dollars ($75.00) plus two dollars ($2.00) per acre of nursery stock inspected; (2) annual special inspection fee for person growing only vegetable plants, twenty-five dollars ($25.00); (3) annual nursery or florist dealer's, landscaper's or agent's license fee, seventy-five dollars ($75.00); (4) annual special dealer's license for persons who handle only vegetable or cactus plants, twenty-five dollars ($25.00); and (5) annual fee for collected plants permit, seventy-five dollars ($75.00). B. If the application for renewal of any annual license, permit or certificate provided for in the Plant Protection Act is not filed prior to the expiration of the prior license, permit or certificate, the fee for such license, permit or certificate shall be double the amount specified in this section. However, this double fee shall not apply if the applicant has not engaged in business subsequent to the expiration of his license, permit or certificate, and furnishes an affidavit certifying to that fact. C. The board may adopt regulations to exempt a person from the payment of fees. History: 1953 Comp., § 45-8-36.1, enacted by Laws 1973, ch. 97, § 15; 1979, ch. 193, § 9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 10, 66, 88, 94, 113, 127.
NM Stat § 76-5-27 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-27 - Fees collected.

All fees collected under the provisions of the Plant Protection Act shall be deposited in the treasury of the New Mexico state university and be expended for the purpose of its administration and enforcement. History: 1953 Comp., § 45-8-37, enacted by Laws 1959, ch. 195, § 16; 1967, ch. 53, § 10; 1973, ch. 97, § 16. ANNOTATIONS
NM Stat § 76-5-28 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-28 - Penalties.

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. ANNOTATIONSSeverability. — 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.
NM Stat § 76-6-1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-1 - Short title.

This act [76-6-1 to 76-6-9 NMSA 1978] may be cited as the "Pest Control Act." History: 1953 Comp., § 45-8-39, enacted by Laws 1969, ch. 41, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Constitutionality of statutes for protection of vegetation against disease or infection, 70 A.L.R.2d 852. 3 C.J.S. Agriculture § 83.
NM Stat § 76-6-2 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-2 - Definitions.

As used in the Pest Control Act: A. "board" means the board of regents of New Mexico state university or any officer or employee to whom authority to act in their stead has been or hereafter may be delegated; B. "pest" means any insect, disease or other organism of any character causing or capable of causing injury or damage to any plants or parts thereof or any processed, manufactured or other products of plants; C. "host" means any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle; D. "infestation" means actually infested or infected with a pest, or so exposed to infestation that it would be reasonable to believe that an infestation exists; E. "person" means any individual, corporation, company, society, association or other business entity; F. "move" means to ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved; G. "regulated article" means any article of any character as described in the quarantine carrying or capable of carrying the plant pest against which the quarantine is directed; H. "certificate" means a document issued or authorized by the board indicating that a regulated article is not contaminated with a pest; and I. "permit" means a document issued or authorized by the board to provide for the movement of regulated articles to restricted destinations for limited handling, utilization or processing. History: 1953 Comp., § 45-8-40, enacted by Laws 1969, ch. 41, § 2.
NM Stat § 76-6-3 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 6 - Pest Control|Section 76-6-3 - Administration; rules and regulations.

The board shall have the responsibility for the administration of the Pest Control Act. The board may assign functions or delegate any authority provided for in the Pest Control Act to any of its officers or employees; provided, that such functions or authority be exercised under the general supervision of the board. The board shall promulgate all rules and regulations necessary for the efficient execution of the provisions of the Pest Control Act. History: 1953 Comp., § 45-8-41, enacted by Laws 1969, ch. 41, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 21, 22. 3 C.J.S. Agriculture § 85.