reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-17 - Seed certification.

A. The certification agency for New Mexico shall be named by a committee consisting of the director or associate director of the agricultural extension service, the director or associate director of the agricultural experiment station, the extension agronomist, the experiment station agronomist and the director of the New Mexico department of agriculture of the New Mexico state university; provided that the committee shall have the authority to designate any other competent or qualified individual or individuals to serve as members of the committee. The certifying agency so named shall have the authority to establish standards and rules and regulations for certification; such standards, rules and regulations to be subject to the approval of the above committee. The certifying agency so named shall also have the authority to fix and charge fees for certification services, and may retain fees collected as payment for its services.
B. Any labeling, advertisement or other representation, either orally or in writing, subject to this act [76-10-11 to 76-10-22 NMSA 1978] which represents any seed, tubers or plants to be used for seeding purposes as certified, registered or foundation shall be deemed to be false unless such seeds, tubers or plants:
(1) if produced in New Mexico, have been produced, processed and packaged and conform to the standards of purity as to kind or variety, in compliance with the rules and regulations set forth by the New Mexico certifying agency and bear the official label of this agency, stating that the seed, tubers or plants are certified, registered or foundation; or
(2) if produced in another state or country, bear the official label of the certifying agency of that state or country stating that the seed, tubers or plants are certified, registered or foundation.
C. All requirements of this act shall be understood to apply to certified seed in the same force as they apply to other agricultural or vegetable seeds. In addition, compliance with the standards of the certification agency may be considered in determining whether seed bearing a certified, registered or foundation label is falsely labeled.
History:
1953 Comp., § 45-12-26, enacted by Laws 1967, ch. 68, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 65.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-19 - Seizure.

Any lot of agricultural or vegetable seed not in compliance with the provisions of this act [76-10-11 to 76-10-22 NMSA 1978] shall be subject to seizure on complaint of the board or its agents to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of this act and orders the condemnation of said seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall the court order such disposition of said seed without first having given the claimant an opportunity to apply to the court for the release of said seed or permission to process or relabel it to bring it into compliance with this act.
History:
1953 Comp., § 45-12-28, enacted by Laws 1967, ch. 68, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 55.
3 C.J.S. Agriculture § 66.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-20 - Injunction.

When in the performance of his [its] duties the board or its agent applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act [76-10-11 to 76-10-22 NMSA 1978] or any rules and regulations under this act, said injunction is to be issued without bond.
History:
1953 Comp., § 45-12-29, enacted by Laws 1967, ch. 68, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For injunctions,
see
Rule 1-066 NMRA.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-21 - Violations and prosecutions.

Every violation of the provisions of this act [76-10-11 to 76-10-22 NMSA 1978], and every violation of any rules and regulations promulgated under this act, after a notice to cease and desist, shall be deemed a misdemeanor punishable by a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding two hundred fifty dollars ($250) for each subsequent similar offense.
When the board or its agent shall find that any person has violated any of the provisions of this act, they or their duly authorized agent or agents may institute proceedings in a court of competent jurisdiction in the county in which the violation occurred, to have such person convicted therefor. The board or its agents may file with the district attorney in each district, with a view of [toward] prosecution, such evidence as may be deemed necessary; provided, however, that no prosecution under this act shall be instituted without the defendant first having been given an opportunity to appear before the board or its agents to introduce evidence either in person or by agent or attorney at a private hearing. If, after hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the board or its agents is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided.
It is the duty of the district attorney in each district to institute proceedings at once against any person charged with a violation of this act, if, in the judgment of such officer the information submitted warrants such action.
After judgment by the court in any case arising under this act, the board or its agent shall publish any information pertinent to the issuance of the judgment by the court in such media as he [it] may designate from time to time.
History:
1953 Comp., § 45-12-30, enacted by Laws 1967, ch. 68, § 11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 66.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-22 - Appropriation.

The legislature shall appropriate to the New Mexico state university annually the amount necessary, out of the moneys of the state, except moneys reserved for the payment of the public debt, for the purpose of complying with this act [76-10-11 to 76-10-22 NMSA 1978] and to fulfill and carry out its purposes.
History:
1953 Comp., § 45-12-31, enacted by Laws 1967, ch. 68, § 12.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-1 - Short title.

Chapter 76, Article 11 NMSA 1978 may be cited as the "New Mexico Fertilizer Act".
History:
1953 Comp., § 45-13-11, enacted by Laws 1963, ch. 184, § 1; 1975, ch. 181, § 1; 2013, ch. 112, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, added the NMSA chapter and article for the New Mexico Fertilizer Act; and deleted "Article 13 of Chapter 45, NMSA 1978" and added "Chapter 76, Article 11 NMSA 1978".
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-2 - Administration of act.

The New Mexico Fertilizer Act shall be administered by the board of regents of the New Mexico state university through the New Mexico department of agriculture.
History:
1953 Comp., § 45-13-12, enacted by Laws 1963, ch. 184, § 2; 1975, ch. 181, § 2.
ANNOTATIONS
Cross references.
— For department of agriculture under control of board of regents,
see
76-1-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 5, 10, 11.
14A C.J.S. Colleges and Universities § 17.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-4 - Registration.

A. Each brand and grade of fertilizer and each soil conditioner product shall be registered before being distributed in the state. The application for registration shall be submitted to the department on a form furnished by the department and shall be accompanied by a fee of five dollars ($5.00) per brand or grade, except that those brands or grades sold in packages of five pounds or less shall be registered at a fee of fifteen dollars ($15.00) each. Upon approval by the department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year.
B. A distributor shall not be required to register a brand of fertilizer or soil conditioner that is already registered under the New Mexico Fertilizer Act by another person.
C. A distributor shall not be required to register a fertilizer formulated according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer as provided in Subsection C of Section 76-11-5 NMSA 1978.
History:
1953 Comp., § 45-13-14, enacted by Laws 1963, ch. 184, § 4; 1975, ch. 181, § 4; 2013, ch. 112, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, expanded the scope of the registration requirement to apply to all fertilizers; and in Subsections A, B and C, deleted "commercial" before "fertilizer.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 57.
Constitutionality, construction, and application of statutes relating to testing or sampling of agricultural fertilizers, 147 A.L.R. 765.
3 C.J.S. Agriculture § 77.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-5 - Labeling.

A. A fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(1) the net weight or other measure prescribed as satisfactory to the board;
(2) brand and grade;
(3) guaranteed analysis;
(4) name and address of the registrant; and
(5) directions for use for fertilizer distributed to a consumer.
B. If a fertilizer is distributed in bulk, a written or printed statement of the information required by Subsection A of this section shall accompany delivery and be supplied to the purchaser at time of delivery.
C. A fertilizer formulated according to specifications that are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis and the name and address of the distributor.
D. Each brand of soil conditioner distributed in the state shall be accompanied by a legible label bearing the following information:
(1) net weight or other measure prescribed as satisfactory by the board;
(2) the brand name under which the soil conditioner is distributed;
(3) an accurate statement of composition and purpose; and
(4) the name and address of the registrant.
History:
1953 Comp., § 45-13-15, enacted by Laws 1963, ch. 184, § 5; 1975, ch. 181, § 5; 2013, ch. 112, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, expanded the scope of the labeling requirements to apply to all fertilizers; required that labels include directions for use of the fertilizer; in Subsections A, B and C, deleted "commercial" before "fertilizer"; and added Paragraph (5) of Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 57.
3 C.J.S. Agriculture § 78.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-6 - Inspection fees.

A. There shall be paid to the department for all fertilizer and soil conditioner distributed in the state an inspection fee set by the board at a rate not to exceed thirty-five cents ($.35) a ton; provided that sales to manufacturers or exchanges between them are exempted. Fees so collected shall be used for the payment of the costs of inspection, sampling and analysis and other expenses necessary for the administration of the New Mexico Fertilizer Act.
B. On individual packages of fertilizer or soil conditioner containing five pounds or less, there shall be paid in lieu of the annual registration fee of five dollars ($5.00) per brand and grade of fertilizer and each soil conditioner product and the required inspection fee an annual registration fee and inspection fee of fifteen dollars ($15.00). Where a person sells fertilizer or soil conditioner in packages of five pounds or less and in packages over five pounds, the annual registration and inspection fee of fifteen dollars ($15.00) applies only to that portion sold in packages of five pounds or less, and that portion sold in packages over five pounds is subject to the inspection fee.
C. A person who distributes a fertilizer or soil conditioner in the state shall file with the department on forms furnished by the department a quarterly statement for the periods ending March 31, June 30, September 30 and December 31 setting forth the number of net tons of each fertilizer or soil conditioner distributed in the state during the quarter. The report is due on or before the last day of the month following the close of each quarter. The inspection fee shall be paid at the time of filing of the statement. If the tonnage report is not filed and the payment of inspection fee is not made within thirty days after the end of the quarter, a collection fee amounting to ten percent, but not less than ten dollars ($10.00), of the amount shall be assessed against the registrant, and the amount of fees due constitutes a debt and becomes the basis of a judgment against the registrant.
D. When more than one person is involved in the distribution of fertilizer or soil conditioner, the first person who has the fertilizer or soil conditioner registered and who distributes to a nonregistrant dealer or consumer is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been previously made by a prior distributor.
History:
1953 Comp., § 45-13-16, enacted by Laws 1963, ch. 184, § 6; 1975, ch. 181, § 6; 2013, ch. 112, § 5.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required that fees be paid for all fertilizers; and in Subsections A, B, C and D, deleted "commercial" before "fertilizer".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 57.
3 C.J.S. Agriculture § 76.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-7 - Inspection; sampling; analysis.

A. The department shall sample, inspect, make analyses of and test fertilizers and soil conditioners distributed within the state at a time and place and to the extent necessary to determine whether the fertilizer or soil conditioner is in compliance with the New Mexico Fertilizer Act. The department may enter upon public or private premises or carriers during the regular business hours in order to have access to fertilizer or soil conditioners and may examine records relating to the distribution of fertilizer and soil conditioners subject to the provisions of the New Mexico Fertilizer Act and the rules adopted pursuant to that act.
B. The methods of analysis and sampling shall be those adopted by the department from sources such as the association of official agricultural chemists. In cases not covered by such methods, or in cases where methods in which improved applicability has been demonstrated are available, the department may adopt such appropriate methods from other sources.
C. The department, in determining for administrative purposes whether a fertilizer is deficient in plant food, shall be guided solely by the official sample, as defined by Section 76-11-3 NMSA 1978, obtained and analyzed as provided for in Subsection B of this section.
D. Upon request, the department shall furnish to the registrant a portion of any sample found subject to penalty or other legal action. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of ninety days from issuance of a deficiency report.
History:
1953 Comp., § 45-13-17, enacted by Laws 1963, ch. 184, § 7; 1975, ch. 181, § 7; 2013, ch. 112, § 6.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, expanded the scope of the inspection and sampling requirements to apply to all fertilizers; authorized the examination of records relating to distribution of fertilizers and soil conditioners; required the retention of samples; established a penalty for nutrient deficiency; in Subsections A and C, deleted "commercial" before "fertilizer"; in Subsection A, in the first sentence, after "to the extent", deleted "as it may be deemed", and in the second sentence, after "soil conditioners", added "and may examine records relating to the distribution of fertilizer and soil conditioners" and after "Fertilizer Act and the", deleted "regulations pertaining thereto" and added "rules adopted pursuant to the Act"; in Subsection B, added the second sentence; in Subsection C, deleted "of the New Mexico Fertilizer Act"; and in Subsection D, added the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 57.
Constitutionality of statute making certificate of result of chemical analysis evidence, 29 A.L.R. 290.
Constitutionality, construction and application of statutes relating to testing or sampling of agricultural fertilizers, 105 A.L.R. 348, 147 A.L.R. 765.
3 C.J.S. Agriculture § 76.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-9 - Commercial value.

For the purpose of determining the commercial values to be applied under the provisions of Section 76-11-8 NMSA 1978, the department shall determine and publish annually the values per pound of nitrogen, available phosphate and soluble potash in fertilizers in the state. If guarantees are provided, the values shall be per pound of nitrogen, phosphorus and potassium. The values determined and published shall be used in determining and assessing penalties.
History:
1953 Comp., § 45-13-19, enacted by Laws 1963, ch. 184, § 9; 1975, ch. 181, § 9; 2013, ch. 112, § 8.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required the department to publish the values of phosphate and potash in all fertilizers; and in the first sentence, after "nitrogen, available", deleted "phosphoric acid" and added "phosphate", and after "soluble potash in", deleted "commercial".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 70, 71.
3 C.J.S. Agriculture § 81.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-10 - Misbranding.

A person shall not distribute misbranded fertilizer or soil conditioner. A fertilizer or soil conditioner is misbranded if:
A. its labeling is false or misleading in any particular;
B. it is distributed under the name of another fertilizer or soil conditioner product;
C. it is not labeled as required in Section 76-11-5 NMSA 1978 and in accordance with rules prescribed under the New Mexico Fertilizer Act; or
D. it purports to be or is represented as a fertilizer or soil conditioner or is represented as containing a plant nutrient, fertilizer or soil conditioner unless such plant nutrient, fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by rule of the board; in adopting such rules, the board shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the association of American plant food control officials.
History:
1953 Comp., § 45-13-20, enacted by Laws 1975, ch. 181, § 10; 2013, ch. 112, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1975, ch. 181, § 10, repealed 45-13-20, 1953 Comp., relating to false or misleading statements, and enacted a new section.
The 2013 amendment,
effective June 14, 2013, prohibited the distribution of misbranded fertilizer and soil conditioner; in the introductory sentence and in Subsection D, deleted "commercial" before "fertilizer"; and in Subsections C and D, deleted "regulations" and added "rules".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 57.
3 C.J.S. Agriculture § 78.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-10.1 - Adulteration.

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:
A. it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use that may be necessary to protect beneficial plant life, animals, humans, aquatic life, soil or water are not shown on the label;
B. its composition falls below or differs from that which it is purported to possess by its labeling; or
C. it contains unwanted crop seed or weed seed.
History:
Laws 2013, ch. 112, § 19.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-11 - Tonnage reports.

The person transacting, distributing or selling fertilizer or soil conditioner to a nonregistrant shall mail the department a report showing the county of the consignee, the amounts in tons of each grade of fertilizer and each soil conditioner product and the form in which the fertilizer or soil conditioner was distributed such as bags, liquid, bulk or other forms. This information shall be reported by one of the following methods:
A. submitting a summary report approved by the department on or before the fifteenth day of each month covering shipments made during the preceding month; or
B. submitting a copy of the invoice within five business days after shipment. Information furnished to the department under this section shall not be disclosed in such a way as to divulge the operation of any person.
History:
1953 Comp., § 45-13-21, enacted by Laws 1963, ch. 184, § 11; 1971, ch. 203, § 1; 1975, ch. 181, § 11; 2013, ch. 112, § 10.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required tonnage reports for all fertilizers; and in the introductory paragraph, in two places, deleted "commercial" before "fertilizer".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 70, 71.
3 C.J.S. Agriculture § 79.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-12 - Publications.

The board shall publish at least annually and in a form it deems proper:
A. information concerning the distribution of fertilizers and soil conditioners; and
B. results of analysis based on official samples of fertilizers and soil conditioners distributed within the state as compared with the analysis guaranteed in the registration and the label.
History:
1953 Comp., § 45-13-22, enacted by Laws 1963, ch. 184, § 12; 1975, ch. 181, § 12; 2013, ch. 112, § 11.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required the board to publish information and results of analysis for all fertilizers; and in Subsections A and B, deleted "commercial" before "fertilizer".
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-13 - Rules.

For the enforcement of the New Mexico Fertilizer Act, the board may prescribe and, after public hearing following due public notice, adopt the rules relating to the distribution of fertilizers and soil conditioners that it may find necessary to carry into effect the full intent and meaning of the New Mexico Fertilizer Act. Under this section, the board may promulgate rules for the storing, hauling and handling of anhydrous ammonia and other gaseous or liquid fertilizers, and they shall have the same effect as law.
History:
1953 Comp., § 45-13-23, enacted by Laws 1963, ch. 184, § 13; 1967, ch. 69, § 1; 1975, ch. 181, § 13; 2013, ch. 112, § 12.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, authorized the board to adopt rules relating to the distribution of all fertilizers; in the title of the section, deleted "regulations" and added "rules"; in the first and the second sentences, deleted "regulations" and added "rules"; and in the first sentence, deleted "commercial" before "fertilizer".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 57.
3 C.J.S. Agriculture § 76.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-14 - Short weight.

If a fertilizer or soil conditioner in the possession of the consumer is found by the department to be short in weight or other measure prescribed by the board, the registrant of the fertilizer or soil conditioner shall, within thirty days after official notice from the department, pay to the consumer a penalty equal to four times the value of the actual shortage.
History:
1953 Comp., § 45-13-24, enacted by Laws 1963, ch. 184, § 14; 1975, ch. 181, § 14; 2013, ch. 112, § 13.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, imposed the short weight penalty for all fertilizers; and in two places, deleted "commercial" before "fertilizer".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 80.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 11 - Fertilizers › Section 76-11-15 - Cancellation of registrations.

The department may cancel the registration of any brand of fertilizer or soil conditioner or refuse to register any brand of fertilizer or soil conditioner upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of the New Mexico Fertilizer Act or any rules promulgated under that act; provided that no registration shall be revoked or refused until the registrant is given an opportunity to appear for a hearing by the department.
History:
1953 Comp., § 45-13-25, enacted by Laws 1963, ch. 184, § 15; 1975, ch. 181, § 15; 2013, ch. 112, § 14.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, authorized the board to cancel the registration for all brands of fertilizers; in two places, deleted "commercial" before the "fertilizer"; and deleted "regulations" and added "rules".
Law reviews.
— For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1967).
For article, "An Administrative Procedure Act For New Mexico," see 8 Nat. Resources J. 114 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 57.
3 C.J.S. Agriculture §§ 75 to 76.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
18 Am. Jur. 2d Cooperative Associations § 4.
3 C.J.S. Agriculture § 138.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.