reglab/housing_qa huggingface dataset:
NM Stat § 76-4-25 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-25 - Damaged person must file report of loss; contents; time of filing; effect of failure to file.

A. Any person suffering a loss or damage resulting from the use or application by others of any pesticide shall file with the department a verified report of loss setting forth, so far as known to the claimant, the following: (1) the name and address of the claimant; (2) the type of land alleged to be injured or damaged; (3) the name of the person applying the pesticide and allegedly responsible; (4) the name of the owner or occupant of the property for whom the pesticide application was made; and (5) additional information as requested by the department. B. The report must be filed within sixty days from the time that the loss or damage becomes known to the claimant. If a growing crop is alleged to have been damaged, the report must be filed prior to harvest of fifty percent of that crop, unless the loss or damage was not then known. The department may prepare a form to be furnished to persons making a report of alleged damages. This form shall contain other requirements as the department deems necessary. The department may, upon receipt of the alleged damage report, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility, of the damages claimed, and furnish copies of the statements as may be requested. The department shall inspect damages whenever possible, and when they determine that the complaint has sufficient merit, they shall make the information available to the person claiming damage and to the person who is alleged to have caused the damage. C. The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any action. D. The failure to file the report shall not be a violation of this act. However, if the person failing to file the report is the only one injured from the use or application of a pesticide by others, the department may, when in the public interest, refuse to hold a hearing for the denial, suspension or revocation of a license or permit issued under the Pesticide Control Act until the report is filed. E. Where damage is alleged to have occurred, the claimant shall permit the department, the licensee and his representatives, such as bondsman or insurer, to observe and examine the lands or nontarget organism alleged to have been damaged. Failure of the claimant to permit the observation and examination of the damaged lands shall automatically bar the claim against the licensee. History: 1953 Comp., § 45-25-25, enacted by Laws 1973, ch. 366, § 25. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 47. Infliction of emotional distress: toxic exposure, 6 A.L.R.5th 162. 3 C.J.S. Agriculture § 86.
NM Stat § 76-4-26 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-26 - Inspection of equipment.

A. The department shall provide for an annual inspection of any equipment used for the application of pesticides by a commercial pesticide applicator and may require repairs or other changes before the equipment is used to apply pesticides. A list of requirements that the equipment shall meet shall be provided by the department. B. Any piece of equipment which fails inspection shall have affixed to it an out-of-order seal. The equipment shall not be put back into service until it has passed reinspection and the out-of-order seal is removed by the department. A prescribed inspection fee shall be charged for each reinspection. History: 1953 Comp., § 45-25-26, enacted by Laws 1973, ch. 366, § 26; 1979, ch. 394, § 12.
NM Stat § 76-4-27 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-27 - License plates or decals for apparatus.

Each licensed apparatus shall be identified by a license plate or decal furnished by the department, at no cost to the licensee. The license plate or decal shall be affixed in a location and manner upon the application apparatus as prescribed by the department. History: 1953 Comp., § 45-25-27, enacted by Laws 1973, ch. 366, § 27.
NM Stat § 76-4-28 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-28 - Farmer or rancher exemption.

Except for the use of restricted use pesticides the provisions of the Pesticide Control Act relating to licenses and requirements for their issuance shall not apply to any farmer or rancher owner of a ground or manual apparatus applying pesticides for himself or his farmer or rancher neighbors, when he: A. operates farm or ranch property and operates and maintains pesticide application equipment primarily for his own use; B. is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and he does not publicly solicit business as a pesticide applicator; or C. operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his neighbors. History: 1953 Comp., § 45-25-28, enacted by Laws 1973, ch. 366, § 28. ANNOTATIONS
NM Stat § 76-4-29 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-29 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 394, § 15, repealed 76-4-29 NMSA 1978, as enacted by Laws 1973, ch. 366, § 29, relating to the exemption of landscape gardeners from the provisions of the Pesticide Control Act.
NM Stat § 76-4-30 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-30 - Discarding and storing of pesticides and pesticide containers.

No person shall discard, transport or distribute any pesticide or pesticide container in a manner that may cause injury to humans, vegetation, crops, livestock, wildlife or beneficial insects or pollute any waterway. History: 1953 Comp., § 45-25-30, enacted by Laws 1973, ch. 366, § 30. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 42.
NM Stat § 76-4-31 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-31 - Access to public or private premises.

A. For the purpose of carrying out the provisions of the Pesticide Control Act, the department is authorized upon presentation of proper identification and with consent of the owner or by court order, to enter any public or private premises, in order to: (1) inspect any apparatus subject to the Pesticide Control Act and the premises on which the apparatus is kept or stored; (2) inspect lands actually or reported to be exposed to pesticides; (3) inspect storage or disposal areas; (4) inspect or investigate complaints of injury to humans or land; (5) sample pesticides being applied or to be applied; or (6) sample land, including agricultural products, for pesticide residues. B. If it appears that a pesticide apparatus or device fails to comply with the provisions of the Pesticide Control Act or regulations adopted thereunder, and if the department contemplates instituting proceedings against any person, the department shall cause notice to be given to the person. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to the contemplated proceedings. If thereafter, in the opinion of the department, it appears that the provisions of the Pesticide Control Act or regulations adopted thereunder have been violated by the person, the department shall refer a copy of the results of the analysis or the examination of the pesticide apparatus or device to the district attorney for the county in which the violation occurred. It is the duty of the district attorney to whom any violation of the Pesticide Control Act is reported to cause appropriate proceedings to be instituted and prosecute in a court of competent jurisdiction without delay. C. Nothing in the Pesticide Control Act shall be construed as requiring the department to report, for prosecution or the institution of condemnation proceedings, minor violations of the Pesticide Control Act when the department believes that the public interest will be best served by a notice of warning in writing. D. Should the department be denied access to any land where access was sought for the purposes set forth in the Pesticide Control Act, they may apply to any court of competent jurisdiction for a search warrant for the purpose requested. History: 1953 Comp., § 45-25-31, enacted by Laws 1973, ch. 366, § 31. ANNOTATIONSCross references. — For inspection of apparatus, see 76-4-26 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 § 83.
NM Stat § 76-4-32 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-32 - Classification of licenses.

A. The department may classify licenses to be issued under the Pesticide Control Act. Such classifications may include recommending pesticides to be used in or on land, including but not limited to agricultural crops, ornamentals, structures and noncrop land or to treat regulated products or equipment. If the licensee has a classified license, he shall be limited to practicing within such classification. Each classification shall be subject to separate testing procedures and requirements. No person shall be required to pay an additional license fee if he desires to be licensed in one or all of the license classifications. B. The department may classify pesticide applicator and operator licenses to be issued under the Pesticide Control Act. the classifications may include, but not be limited to pest control operations, fumigators, ornamental or agricultural pesticide applicators or right-of-way pesticide applicators. Separate classifications may be specified for ground, aerial or manual methods used by any licensee to apply pesticides or to the use of pesticides to control pests. Each classification shall be subject to separate testing procedures and requirements. No person shall be required to pay an additional license fee if the person desires to be licensed in one or all of the license classifications. History: 1953 Comp., § 45-25-32, enacted by Laws 1973, ch. 366, § 32. ANNOTATIONS
NM Stat § 76-4-33 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-33 - Records.

A. Any person issued a license or permit under the provisions of the Pesticide Control Act shall keep such records as required by regulation of the board. B. Commercial pesticide applicators licensed under the provisions of the Pesticide Control Act shall keep such records as prescribed by regulation of the board. C. The department shall have access to the records at any reasonable time to copy or make copies of the records for the purpose of carrying out the provisions of the Pesticide Control Act. Unless required for the enforcement of the Pesticide Control Act, the information shall be confidential and, if summarized, shall not identify any individual person. History: 1953 Comp., § 45-25-33, enacted by Laws 1973, ch. 366, § 33. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 95.
NM Stat § 76-4-34 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-34 - Penalties.

A. Any person violating any provision or requirement of the Pesticide Control Act or regulations adopted by the board pursuant to that act is guilty of a petty misdemeanor. B. In addition to any other penalties imposed by the Pesticide Control Act, any person who willfully or repeatedly violates any provision of that act may be assessed by the court a civil penalty not to exceed one thousand dollars ($1,000) for each violation. C. The board may bring an action to enjoin the violation or threatened violation of any provision of the Pesticide Control Act or any regulation made pursuant thereto in a court of competent jurisdiction of the county in which the violation occurs or is about to occur. D. The department, acting as a law enforcement officer, is authorized to file a criminal complaint in a magistrate court for violations of the Pesticide Control Act or regulations adopted pursuant thereto and shall not be required to pay the docket fee. History: 1953 Comp., § 45-25-34, enacted by Laws 1973, ch. 366, § 34; 1979, ch. 394, § 13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 42, 50, 51. 3 C.J.S. Agriculture § 7.
NM Stat § 76-4-35 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-35 - Persons exempted from certain penalties.

A. The penalties provided for violations of Paragraphs (1) through (5) of Subsection A of Section 5 [76-4-5 NMSA 1978] of the Pesticide Control Act shall not apply to: (1) any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon request, permit the department to copy all records showing the transactions in and movement of the pesticides or devices; (2) public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research; or (3) the manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental use permit issued by the department and by the United States environmental protection agency. B. No pesticide or device shall be deemed in violation of the Pesticide Control Act when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of the Pesticide Control Act and regulations adopted thereunder shall apply. History: 1953 Comp., § 45-25-35, enacted by Laws 1973, ch. 366, § 35. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 21, 66. 3 C.J.S. Agriculture § 53.
NM Stat § 76-4-36 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-36 - Repealed.

History: 1953 Comp., § 45-25-36, enacted by Laws 1973, ch. 366, § 36; 1977, ch. 253, § 49; 1978, ch. 39, § 1; 1979, ch. 394, § 14; 1983, ch. 296, § 29; repealed Laws 2005, ch. 235, § 1.ANNOTATIONSRepeals. — Laws 2005, ch. 235, § 1 repealed 76-4-36 NMSA 1978, as enacted by Laws 1973, ch. 366, § 36, relating to the pesticide advisory board, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 76-4-37 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-37 - Publication of information.

The department may publish, in the form it deems proper, results of products analyzed, based on official samples as compared with the guaranteed analysis and information concerning the distribution and use of pesticides. Individual distribution and use information shall not be a public record. The department may also publish results of samples analyzed for pesticide residues. History: 1953 Comp., § 45-25-37, enacted by Laws 1973, ch. 366, § 37. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 95.
NM Stat § 76-4-38 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-38 - Cooperation.

The department may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, in order to: A. secure uniformity of regulations; B. enter into cooperative agreements with the United States environmental protection agency to register pesticides under the authority of the Pesticide Control Act and the federal Environmental Pesticide Control Act; C. cooperate in the enforcement of the federal Environmental Pesticide Control Act and regulations through the use of state or federal personnel and facilities or both and to implement cooperative enforcement programs including but not limited to the registration of pesticides, collection and analysis of pesticides and devices, inspection of storage facilities and certification of applicators; D. enter into contracts with other agencies including federal agencies for the purpose of training pesticide dealers, pesticide management consultants, pesticide applicators or operators; E. publish information and conduct short courses on the storage, transportation, distribution, application, use, registration and disposal of pesticides and devices and environmental implications thereof; F. enter into contracts for either monitoring pesticides, or analyzing land, including agricultural products that will be consumed by any living organism other than plants, for pesticide residues, or both; G. prepare and submit a state plan to meet federal certification standards including issuing experimental use permits; and H. regulate pesticide applicators and operators. History: 1953 Comp., § 45-25-38, enacted by Laws 1973, ch. 366, § 38. ANNOTATIONSCross references. — For the federal Environmental Pesticide Control Act, see 7 U.S.C. § 136 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 22 to 37, 43. 3 C.J.S. Agriculture §§ 25 to 56.
NM Stat § 76-4-39 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 4 - Pesticide Control|Section 76-4-39 - Disposition of funds.

All moneys received by the department under the provisions of the Pesticide Control Act shall be expended for the purpose of carrying out the provisions of the Pesticide Control Act. History: 1953 Comp., § 45-25-39, enacted by Laws 1973, ch. 366, § 39. ANNOTATIONSSeverability. — Laws 1973, ch. 366, § 43, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 76-5-1 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-1 - [County commissioners to prohibit importation of "codlin moth" or other worms or insects destructive to fruit.]

Boards of county commissioners in the various counties of this state are authorized and empowered and it is hereby made their duty whenever a petition is presented to them signed by twenty-five fruit growers, owners of orchards and residents of the county, stating in substance that there is danger in the introduction in said county of the "codlin moth," or other worms or insects destructive to fruit by reason of the shipment of apples or other fruits into said county, and when said commissioners upon examination are satisfied of the truth of the petition presented, they may by proclamation prohibit the shipment of fruit into said county by an imposition of a license or other lawful means, which said commissioners may deem best and most effective to accomplish the purpose of this chapter. History: Laws 1899, ch. 56, § 1; Code 1915, § 2743; C.S. 1929, § 66-115; 1941 Comp., § 48-804; 1953 Comp., § 45-8-4. ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted "chapter" for "act." The former would refer to Chapter 54 of the 1915 Code, the sections of which are now compiled as 76-3-1 to 76-3-14 NMSA 1978, and this section. This was the only operative section in the 1899 act. Law reviews. — 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 C.J.S. Agriculture § 85.
NM Stat § 76-5-2 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-2 - Short title.

This act may be cited as the "Grasshopper and Other Range Pest Control Act." History: 1953 Comp., § 45-8-13, enacted by Laws 1957, ch. 212, § 1; 1967, ch. 63, § 1. ANNOTATIONSCompiler's notes. — The words "this act" refer to Laws 1957, ch. 212, compiled herein as 76-5-2, 76-5-3, 76-5-5, 76-5-8 to 76-5-10 NMSA 1978. Constitutionality. — The grasshopper control program meets the tests which have been established by the supreme court of this state as meeting the requirements of N.M. Const., art. IX, § 14; that is (1) a public purpose is being served; and (2) complete control of the expenditure of the state's contribution rests in a state agency. Therefore, the appropriation made by the legislature through house bill no. 193 of the twenty-third regular session of the state legislature and codified as this section and following, is constitutional and is not in violation of N.M. Const., art. IX, § 14. 1959 Op. Att'y Gen. No. 59-92. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
NM Stat § 76-5-3 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-3 - Purpose of act.

It has been determined that areas of New Mexico are endangered by grasshopper and other range pest infestation which would result in the loss of valuable pasturage. The division of plant pest control of the United States department of agriculture has funds available with which to match state moneys appropriated for grasshopper and other range pest control. It is therefore desirable to establish uniform methods of control to protect New Mexico pasturage. History: 1953 Comp., § 45-8-14, enacted by Laws 1957, ch. 212, § 2; 1967, ch. 63, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 49.
NM Stat § 76-5-4 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-4 - Definition; transfer.

As used in the Grasshopper and Other Range Pest Control Act, "state grasshopper and other range pest control board," "control board" or "board" means the New Mexico department of agriculture. All property, appropriations, money, powers and duties of the state grasshopper and other range pest control board are hereby transferred to the New Mexico department of agriculture. The department shall administer the act and may secure United State department of agriculture contributions. History: 1953 Comp., § 45-8-14.1, enacted by Laws 1976, ch. 28, § 1. ANNOTATIONSCross references. — For the Grasshopper and Other Range Pest Control Act, see 76-5-2 NMSA 1978 and notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 21, 22.
NM Stat § 76-5-6 (2021)
2021 New Mexico Statutes|Chapter 76 - Agriculture|Article 5 - Insect Pests and Plant Diseases|Section 76-5-6 - Land users' consent; control districts; local control committees.

Before expending or obligating moneys from the grasshopper and other range pest control fund, except for the payment of preliminary organizational costs the board [New Mexico department of agriculture] shall consult with the land users within the infested areas proposed to be treated. When fifty-one percent of the land users who represent eighty percent of the land within an infested area agree in writing to the extermination program proposed and further agree in writing to pay one-half of the sum expended by the state in the proposed extermination program for the infested area, a control district shall be created. The land users within a control district shall promptly establish, and shall elect three members to a local control committee. The members of the control committee shall, as nearly as possible, give equal area or geographical representation to the land users within a control district. History: 1953 Comp., § 45-8-18, enacted by Laws 1957, ch. 212, § 6; 1967, ch. 63, § 5. 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.