reglab/housing_qa huggingface dataset:
NM Stat § 76-11-16 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-16 - Stop sale orders.

The department may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of fertilizer or soil conditioner and to be held at a designated place when the department finds the fertilizer or soil conditioner is being offered or exposed for sale in violation of any of the provisions of the New Mexico Fertilizer Act until the law has been complied with and the fertilizer or soil conditioner is released in writing by the department or the violation has been otherwise legally disposed of by written authority. The department shall release the fertilizer or soil conditioner so withdrawn when the requirements of the provisions of the New Mexico Fertilizer Act have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. History: 1953 Comp., § 45-13-26, enacted by Laws 1963, ch. 184, § 16; 1975, ch. 181, § 16; 2013, ch. 112, § 15. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized the department to issue stop sale orders for all fertilizers; and in four 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 § 80.
NM Stat § 76-11-17 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-17 - Seizure; condemnation; sale.

A. Any lot of fertilizer or soil conditioner not in compliance with the provisions of the New Mexico Fertilizer Act is subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the fertilizer or soil conditioner is located. B. In the event the court finds the fertilizer or soil conditioner to be in violation of the New Mexico Fertilizer Act and orders the condemnation of the fertilizer or soil conditioner, it shall be disposed of in any manner consistent with the quality of the fertilizer or soil conditioner and the laws of the state. C. In no instance shall the disposition of the fertilizer or soil conditioner be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer or soil conditioner or for permission to process or relabel the fertilizer or soil conditioner to bring it into compliance with the New Mexico Fertilizer Act. History: 1953 Comp., § 45-13-27, enacted by Laws 1963, ch. 184, § 17; 1975, ch. 181, § 17; 2013, ch. 112, § 16. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, made all fertilizers subject to seizure and condemnation; 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 §§ 70, 71. 3 C.J.S. Agriculture § 80.
NM Stat § 76-11-18 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-18 - Violations.

A. If it appears from the examination of a fertilizer or soil conditioner that any of the provisions of the New Mexico Fertilizer Act or the rules issued pursuant to that act have been violated, the department shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken; a person notified shall be given opportunity to be heard under the rules prescribed by the board. If it appears after the hearing, either in the presence or the absence of the person notified, that any of the provisions of the New Mexico Fertilizer Act or rules issued pursuant to that act have been violated, the department may certify the facts to the proper district attorney. B. A person convicted of violating any provision of the New Mexico Fertilizer Act or the rules issued pursuant to that act is guilty of a misdemeanor. C. Nothing in the New Mexico Fertilizer Act shall require the department or its representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the New Mexico Fertilizer Act when it believes that the public interests will be best served by a suitable notice of warning in writing. D. The department may apply for and the court may grant a temporary or permanent injunction restraining a person from violating or continuing to violate any of the provisions of the New Mexico Fertilizer Act or any rule promulgated pursuant to that act, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond. History: 1953 Comp., § 45-13-28, enacted by Laws 1963, ch. 184, § 18; 1975, ch. 181, § 18; 2013, ch. 112, § 17. ANNOTATIONSCross references. — For injunctions, see Rule 1-066 NMRA. The 2013 amendment, effective June 14, 2013, expanded the application of the act to all fertilizers; in Subsection A, in the first sentence, deleted "commercial" before "fertilizer"; and in Subsections A, B and D, deleted "regulations" and added "rules". Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 80.
NM Stat § 76-11-19 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-19 - Exchanges between manufacturers.

Nothing in the New Mexico Fertilizer Act shall be construed to restrict or avoid sales or exchanges of fertilizers or soil conditioners to each other by importers, manufacturers or manipulators that mix those materials for sale or as preventing the free and unrestricted shipments of fertilizer or soil conditioners to manufacturers or manipulators that have registered their brands as required by the provisions of the New Mexico Fertilizer Act. History: 1953 Comp., § 45-13-29, enacted by Laws 1963, ch. 184, § 19; 1975, ch. 181, § 19; 2013, ch. 112, § 18. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, permitted the exchange of 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 § 74.
NM Stat § 76-11-20 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 11 - Fertilizers|Section 76-11-20 - Cooperation with other agencies.

The department may cooperate with and enter into agreements with other state agencies, other states and agencies of the federal government to carry out the provisions of the New Mexico Fertilizer Act. History: Laws 2013, ch. 112, § 20. 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 § 76-12-1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-1 - Short title.

This act [76-12-1 to 76-12-23 NMSA 1978] may be cited as the "Cooperative Marketing Association Act". History: Laws 1937, ch. 152, § 1; 1941 Comp., § 48-1301; 1953 Comp., § 45-14-1. ANNOTATIONSCross references. — For cooperative associations, see 53-4-1 NMSA 1978 et seq. For exemption of certain warehousemen from law regulating warehousing of agricultural products, see 56-6-11 NMSA 1978. Compiler's notes. — This act is deemed to supersede Laws 1925, ch. 99, and Laws 1915, ch. 64, relating to the incorporation of agricultural marketing associations. See also, Laws 1923, ch. 36, § 1. While this act contains much of the substance of the Model Agricultural Cooperative Association Act, it is not considered as an adoption thereof. Modification of monopoly legislation. — Cooperative Marketing Act (Laws 1915, ch. 64, superseded by Laws 1937, ch. 152), being later than the general antimonopoly statutes, was to be considered as modifying such general statutes, and legalizing organization, management and cooperation of agricultural, nonprofit cooperative associations, in light of trend of recent legislation and judicial construction in other states, and enactment of 57-1-4 NMSA 1978. See also, 76-12-18 NMSA 1978. Elephant Butte Alfalfa Ass'n v. Rouault, 1926-NMSC-009, 33 N.M. 136, 262 P. 185. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 1 et seq. Cooperative marketing of farm or dairy products by producer associations, 25 A.L.R. 1113, 33 A.L.R. 247, 47 A.L.R. 936, 77 A.L.R. 405, 98 A.L.R. 1406, 12 A.L.R.2d 130. 3 C.J.S. Agriculture §§ 138 to 158.
NM Stat § 76-12-2 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-2 - Declaration of policy.

In order to promote, foster and encourage the intelligent handling, processing and orderly marketing of agricultural products and the organization and incorporation of cooperative marketing associations of agricultural producers, this act [76-12-1 through 76-12-23 NMSA 1978] is passed. It is the declared policy of this state that this act be liberally construed. History: Laws 1937, ch. 152, § 2; 1941 Comp., § 48-1302; 1953 Comp., § 45-14-2.
NM Stat § 76-12-3 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-3 - Definitions.

As used in this act [76-12-1 through 76-12-23 NMSA 1978], unless the context or subject matter requires otherwise: A. the term, "agricultural products" shall include horticultural, viticultural, nut, dairy, livestock, poultry, bee and any other farm products; B. the term "member" means in addition to those admitted to membership in an association without capital stock, holders of common stock in associations organized with capital stock; C. the term "association" means any corporation organized under this act or any similar corporation organized under any general or special act of this or any other state as a cooperative association, for the mutual benefit of its members, as agricultural producers, in which the return on the stock or membership capital is limited to an amount not to exceed eight per centum (8%) per annum, and which during any fiscal year does not deal with nonmembers' products to an amount greater in value than members' products; D. the term "person" shall include: individuals, partnerships, firms, corporations and associations; E. associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profit for themselves as such, nor for their members, as such, but only for their members as producers or users of products purchased. History: Laws 1937, ch. 152, § 3; 1941 Comp., § 48-1303; 1953 Comp., § 45-14-3. ANNOTATIONSCompiler's notes. — For similar provisions in earlier acts, see Laws 1925, ch. 99, §§ 1 and 10, and Laws 1923, ch. 36, § 1. Agency relationship. — Agreement between nonprofit agricultural cooperative marketing association and members thereof, making association sole marketing agency for members' onions and requiring association to gather, harvest and haul same at individual members' expense, created relationship of principal and agent; association was bargaining agent, not independent enterprise, and was not liable for losses due to delay in making sales, absent unreasonable exercise of discretion. Santo Tomas Produce Ass'n v. Smith, 1961-NMSC-080, 68 N.M. 436, 362 P.2d 977.
NM Stat § 76-12-4 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-4 - Who may organize.

Five or more natural persons of full age, engaged in the production of agricultural products either as tenants or landlords, who are residents of this state or any other, or two or more cooperative associations, organized under the laws of this state or any other, may form a nonprofit cooperative association with or without capital stock, under the provisions of this act [76-12-1 through 76-12-23 NMSA 1978]. History: Laws 1937, ch. 152, § 4; 1941 Comp., § 48-1304; 1953 Comp., § 45-14-4. ANNOTATIONSCross references. — For age of majority, see 28-6-1 NMSA 1978. Compiler's notes. — For similar provisions in earlier acts, see Laws 1925, ch. 99, § 2, Laws 1923, ch. 36, § 1 and Laws 1915, ch. 64, § 1.
NM Stat § 76-12-5 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-5 - Purposes.

An association may be organized under this act [76-12-1 through 76-12-23 NMSA 1978] to engage in any activity in connection with the marketing or selling of agricultural products, or with the harvesting, preserving, drying, processing, blending, canning, packing, grading, storing, warehousing, handling, shipping or utilizing such products; or in connection with the manufacturing, marketing, selling or supplying of the byproducts thereof or the manufacturing, selling or supplying of machinery, equipment, feed, fertilizer, seeds, oil, gasoline or other supplies; or in the financing of any of the above-enumerated activities or in performing or furnishing business or educational services on a cooperative basis for those engaged in agriculture as bona fide producers of agricultural products or in any one or more of the activities specified herein. History: Laws 1937, ch. 152, § 5; 1941 Comp., § 48-1305; 1953 Comp., § 45-14-5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 4. 3 C.J.S. Agriculture § 138.
NM Stat § 76-12-8 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-8 - Filing and recording articles of incorporation.

The articles of incorporation shall be filed with the secretary of state, and a copy thereof, duly certified by the secretary of state shall be recorded in the office of the county clerk of the county where the principal office of the association is to be located in this state. For filing the articles of incorporation, an association shall pay to the secretary of state fifty dollars ($50.00), together with the proportionate part of the annual license fee that may be due for the succeeding fraction of the fiscal year, and for filing an amendment to the articles, twenty-five dollars ($25.00). History: Laws 1937, ch. 152, § 8; 1941 Comp., § 48-1308; 1953 Comp., § 45-14-8; 1993, ch. 311, § 12; 1996, ch. 19, § 1; 2013, ch. 75, § 50. ANNOTATIONSCross references. — For annual license fee, see 76-12-20 NMSA 1978. The 2013 amendment, effective July 1, 2013, required that the articles of incorporation of a cooperative marketing association be filed with the secretary of state; in the first sentence, after "filed with the", deleted "state corporation commission" and added "secretary of state" and after "certified by the", deleted "commission" and added "secretary of state"; and in the second sentence, after "shall pay to the", deleted "state corporation commission" and added "secretary of state". The 1996 amendment substituted "that" for "which" in the second sentence and deleted the last sentence which read "For filing the certified copy of the articles of association with the county clerk, the association shall pay a fee of one dollar ($1.00)". Laws 1996, ch. 19 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 15, 1996, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table. The 1993 amendment, effective July 1, 1993, substituted "fifty dollars ($50.00)" for "one dollar ($1.00)" and "twenty-five dollars ($25.00)" for "one dollar ($1.00)" in the second sentence, and made several minor stylistic changes. Recording fees. — This section, setting filing fees but silent upon fees for recording articles of incorporation by county clerk, is not in conflict with 14-8-12 NMSA 1978, specifying recording fees. 1966 Op. Att'y Gen. No. 66-132 (rendered under prior law now repealed).
NM Stat § 76-12-9 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-9 - Amendments to articles of incorporation.

The articles of incorporation may be altered or amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two-thirds of [the] directors, and then adopted by a vote representing two-thirds of all members present at such meeting. Amendments to the articles of incorporation when adopted shall be filed in the same manner as provided for the filing of the original articles. History: Laws 1937, ch. 152, § 9; 1941 Comp., § 48-1309; 1953 Comp., § 45-14-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For filing of original articles, see 76-12-8 NMSA 1978. For similar provision in earlier act, see Laws 1925, ch. 99, § 4. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 13. Benefits: validity and enforceability of bylaws amendment reducing benefits available to members, 61 A.L.R.3d 976. 3 C.J.S. Agriculture § 140.
NM Stat § 76-12-10 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-10 - Bylaws.

Each association incorporated under this act [76-12-1 to 76-12-23 NMSA 1978] shall adopt bylaws consistent with this act, within thirty days after its incorporation. A majority of the members voting thereon is necessary to adopt such bylaws, or if the association permits its members to vote on the basis of patronage, a majority in numbers which is also a majority of the patronage. The bylaws shall provide for their amendment by the members and the method by which amendments may be adopted. The following matters among others may be covered in the bylaws: A. the time, place and manner of calling and conducting its meetings, which meetings, and the meetings of its directors, may be held either within or without the state; B. the number of members constituting a quorum; C. the right of members to vote except by proxy, at general or special meetings and by mail; and the conditions, manner, form and effects of such votes; D. the number of directors constituting a quorum; E. the number, qualifications, compensation, duties and term of office of directors and officers; the time of their election and the mode and manner of giving notice thereof; F. penalties for violations of bylaws; G. the amount of entrance, organization and membership fees, if any; the manner and method of collection of the same, and the purposes for which they may be used; H. the amount which each member shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member for services rendered by the association to him and the time of payment and the manner of collection; and the marketing contract between the association and its members which every member may be required to sign; I. the number, qualification and voting rights of members of the association and the conditions precedent to membership; the method, time and manner of permitting members to withdraw or to transfer their stock; the manner of assignment and transfer of the interest of members; the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or upon the expulsion of a member or forfeiture of his membership. History: Laws 1937, ch. 152, § 10; 1941 Comp., § 48-1310; 1953 Comp., § 45-14-10. ANNOTATIONSCompiler's notes. — For similar provisions in earlier acts, see Laws 1925, ch. 99, §§ 6 and 11 and Laws 1915, ch. 64, § 4. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 14. Liability of member or former member of marketing or purchasing cooperative for its debts or losses, 96 A.L.R.3d 1243. 3 C.J.S. Agriculture § 140.
NM Stat § 76-12-13 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-13 - General and special meeting; how called.

One or more regular meetings shall be held annually in such places, as the bylaws may stipulate. The board of directors shall have the right to call a special meeting at any time; and ten (10%) percent of the members may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten days prior to the meeting, or if provided by the bylaws, all notices may be given by publication in a house organ of general circulation among the members. History: Laws 1937, ch. 152, § 13; 1941 Comp., § 48-1313; 1953 Comp., § 45-14-13. ANNOTATIONSCompiler's notes. — For similar provision in earlier act, see Laws 1925, ch. 99, § 12. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 142.
NM Stat § 76-12-14 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-14 - Directors; election.

The affairs of the association shall be managed by a board of not less than five or [nor] more than twenty-one directors to be elected by the members with such qualifications as may be provided for in the articles of incorporation or bylaws. All of the directors shall be members of the association or officers, directors or members of member associations. When a vacancy on the board of directors occurs other than by expiration of term or removal, the remaining members of the board, shall fill the vacancy either by a majority vote of the board, or by calling a special election of the members in the district affected. There shall be no personal liability to a director or member of an association in his official action or omission except for wilful negligence or malfeasance in office. History: Laws 1937, ch. 152, § 14; 1941 Comp., § 48-1314; 1953 Comp., § 45-14-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — For similar provision in earlier act, see Laws 1925, ch. 99, § 7. Am. Jur. 2d, A.L.R. and C.J.S. references. — 18 Am. Jur. 2d Cooperative Associations § 18. 3 C.J.S. Agriculture § 144.
NM Stat § 76-12-15 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 12 - Cooperative Marketing Associations|Section 76-12-15 - Officers.

The officers of every such association shall be a president, one or more vice presidents, a secretary and a treasurer and such other officers as may be authorized in the bylaws. The president and at least one of the vice presidents must be members and directors of the association. The office of secretary and treasurer may be combined. The treasurer may be other than a member of the association and as such shall not be considered as an officer, but as a function [functionary] of the board of directors. Officers shall be elected by the directors in the manner and for such terms as the bylaws provide. History: Laws 1937, ch. 152, § 15; 1941 Comp., § 48-1315; 1953 Comp., § 45-14-15. 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. — 18 Am. Jur. 2d Cooperative Associations § 18. 3 C.J.S. Agriculture § 143.