reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19 - Commercial Feeds (Repealed.) › Section 76-19-11 - Repealed.

History:
1953 Comp., § 47-22-11, enacted by Laws 1961, ch. 151, § 11; 1973, ch. 102, § 11; repealed by Laws 2013, ch. 23, § 18.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 23, § 18 repealed 76-19-11 NMSA 1978, as enacted by Laws 1961, ch. 151, § 11, relating to detained commercial feeds, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
. For comparable provisions,
see
the New Mexico Commercial Feed Act, 76-19A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19 - Commercial Feeds (Repealed.) › Section 76-19-12 - Repealed.

History:
1953 Comp., § 47-22-12, enacted by Laws 1961, ch. 151, § 12; 1973, ch. 102, § 12; repealed by Laws 2013, ch. 23, § 18.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 23, § 18 repealed 76-19-12 NMSA 1978, as enacted by Laws 1961, ch. 151, § 12, relating to penalties, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
. For comparable provisions,
see
the New Mexico Commercial Feed Act, 76-19A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19 - Commercial Feeds (Repealed.) › Section 76-19-13 - Repealed.

History:
1953 Comp., § 47-22-12.1, enacted by Laws 1973, ch. 102, § 13; repealed by Laws 2013, ch. 23, § 18.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 23, § 18 repealed 76-19-13 NMSA 1978, as enacted by Laws 1973, ch. 102, § 13, relating to cooperation with other entities, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
. For comparable provisions,
see
the New Mexico Commercial Feed Act, 76-19A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19 - Commercial Feeds (Repealed.) › Section 76-19-14 - Repealed.

History:
1953 Comp., § 47-22-13, enacted by Laws 1961, ch. 151, § 13; 1973, ch. 102, § 14; repealed by Laws 2013, ch. 23, § 18.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 23, § 18 repealed 76-19-14 NMSA 1978, as enacted by Laws 1961, ch. 151, § 13, relating to publications, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
. For comparable provisions,
see
the New Mexico Commercial Feed Act, 76-19A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-1 - Short title.

Chapter 76, Article 19A NMSA 1978 may be cited as the "New Mexico Commercial Feed Act".
History:
Laws 2013, ch. 23, § 1; 2020, ch. 69, § 4.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, changed "This act" to "Chapter 76, Article 19A NMSA 1978".
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-3 - Board and department powers and duties.

A. The New Mexico Commercial Feed Act shall be administered by the department under the direction of the board. The board shall adopt and promulgate rules to carry out the provisions of that act.
B. In promulgating rules as appropriate to the conditions that exist in New Mexico, the board shall consider current good manufacturing practices and definitions of feed ingredients and commercial feed terms recognized by the commercial feed industry and the federal government.
History:
Laws 2013, ch. 23, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-4 - Applicability.

The New Mexico Commercial Feed Act applies to mineral feed, pet food and specialty pet food as well as other commercial feed. That act applies to contract feeders as well as distributors.
History:
Laws 2013, ch. 23, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-5 - Exemptions.

The following are exempt from the provisions of the New Mexico Commercial Feed Act:
A. commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances that are not intermixed with other materials for animal feed and are not adulterated as provided in Section 8 [76-19A-8 NMSA 1978] of the New Mexico Commercial Feed Act; and
B. unmixed whole seeds and physically altered entire unmixed seeds, when they are not chemically changed and are not adulterated as provided in Section 8 of the New Mexico Commercial Feed Act.
History:
Laws 2013, ch. 23, § 5.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-6 - Prohibited acts.

A person shall not:
A. manufacture or distribute commercial feed that is adulterated or misbranded;
B. adulterate or misbrand commercial feed;
C. distribute otherwise exempt agricultural commodities or products that are adulterated as provided in Section 8 [76-19A-8 NMSA 1978] of the New Mexico Commercial Feed Act;
D. fail to register commercial feed in accordance with the New Mexico Commercial Feed Act;
E. fail to pay inspection fees and file reports as required by the New Mexico Commercial Feed Act;
F. sell, distribute or dispose of commercial feed in violation of a withdrawal from distribution order issued by the department or otherwise violate a withdrawal from distribution order;
G. impede, hinder or otherwise prevent or attempt to prevent an agent of the department from performing the agent's duty in accordance with the New Mexico Commercial Feed Act; or
H. reuse bags and totes for commercial feed unless they are cleaned as prescribed by the board.
History:
Laws 2013, ch. 23, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-7 - Misbranding.

A commercial feed shall be deemed to be misbranded if:
A. its labeling is false or misleading in any particular;
B. it is distributed under the name of another commercial feed;
C. it is not labeled as required in Section 9 [76-19A-9 NMSA 1978] of the New Mexico Commercial Feed Act;
D. it purports to be a commercial feed or it purports to contain a feed ingredient and the commercial feed or feed ingredient does not conform to the definition of the commercial feed or feed ingredient, if any, prescribed by board rule; or
E. any word, statement or other information that is required by the New Mexico Commercial Feed Act or rules adopted in accordance with that act to appear on the label or labeling is not prominently placed on the label with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary person under customary conditions of purchase and use.
History:
Laws 2013, ch. 23, § 7.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-9 - Labeling.

A. Commercial feed, except customer-formula feed, shall be accompanied by a label bearing the following information:
(1) the quantity statement;
(2) the product name and the brand name, if any, under which the commercial feed is distributed;
(3) the guaranteed analysis, expressed on an "as is" basis, stated in such terms as the board determines is required to advise the user of the composition of the feed or to support claims made in the labeling; provided that in all cases the substances or elements shall be determinable by laboratory methods approved by the board;
(4) the common or usual name of each ingredient used in the manufacture of the commercial feed; provided that the board may allow the use of a collective term for a group of ingredients that perform a similar function, or it may exempt such commercial feeds or any group of commercial feed from the requirement of an ingredient statement if the board finds that such statement is not required in the interest of consumers;
(5) the name and principal mailing address of the manufacturer or distributor;
(6) adequate directions for the use for commercial feed that contains drugs and for such other commercial feed that the board requires as necessary for safe and effective use; and
(7) such precautionary statements as the board determines are necessary for the safe and effective use of the commercial feed.
B. Customer-formula feed shall be accompanied by a label, invoice, delivery slip or other shipping document that bears the following information:
(1) the name and address of the manufacturer;
(2) the name and address of the purchaser;
(3) the date of delivery;
(4) the product name and quantity statement of each commercial feed and each other feed ingredient used in the mixture;
(5) adequate directions for use for customer-formula feed that contains drugs and for such other customer-formula feed that the board requires as necessary for safe and effective use;
(6) precautionary statements as required by the board; and
(7) if the customer-formula feed contains drugs:
(a) the purpose of the drugs; and
(b) the established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with board rules.
History:
Laws 2013, ch. 23, § 9.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-10 - Registration of commercial feed.

A. All commercial feed, except customer-formula feed, shall be registered with the department before being distributed in New Mexico. The application for registration shall be submitted on forms furnished by the department and accompanied by a label or other printed matter describing the commercial feed and by a registration fee of two dollars ($2.00). A copy of the approved registration shall be provided to the registrant. A commercial feed registration expires annually on December 31.
B. A distributor is not required to register a brand of commercial feed that is already registered by another person pursuant to the New Mexico Commercial Feed Act.
C. The department may refuse registration if the application does not comply with the provisions of the New Mexico Commercial Feed Act and may cancel a registration that is subsequently found not to be in compliance with the provisions of that act; provided, however, that a registration shall not be refused or canceled until the applicant or registrant has been given an opportunity to be heard before the board and to amend the application or to cure the problem in registration to comply with the requirements of the New Mexico Commercial Feed Act.
History:
Laws 2013, ch. 23, § 10.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-10.1 - Spay and neuter program fee. (Repealed effective July 1, 2026.)

A. Except as provided in Subsection B of this section, in addition to the commercial feed registration fee required pursuant to Section 76-19A-10 NMSA 1978, the department shall collect an annual fee on each pet food registered with the department as follows:
(1) beginning January 1, 2021, fifty dollars ($50.00);
(2) beginning January 1, 2022, seventy-five dollars ($75.00); and
(3) on and after January 1, 2023, one hundred dollars ($100).
B. The provisions of Subsection A of this section do not apply in cases of:
(1) prescription diet pet food prescribed by a veterinarian; or
(2) pet food manufactured by a person who demonstrates to the board, in a manner prescribed by the board, that the person's tax-year annual gross revenue from the distribution of pet food is no more than three million dollars ($3,000,000).
C. The fee collected pursuant to Subsection A of this section shall be distributed as follows:
(1) ninety-six percent of the fee shall be deposited with the state treasurer and credited to the statewide spay and neuter subaccount of the animal care and facility fund; and
(2) four percent of the fee shall be distributed to the department to administer the New Mexico Commercial Feed Act.
History:
Laws 2020, ch. 69, § 5.
ANNOTATIONS
Delayed repeals.
— Laws 2020, ch. 69, § 6 repeals Laws 2020, ch. 69, § 5 effective July 1, 2026.
Effective dates.
— Laws 2020, ch. 69, § 7 made Laws 2020, ch. 69, § 5 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-12 - Inspection fees; reports; cancellation of registrations.

A. An inspection fee shall be paid to the board for all commercial feeds distributed in New Mexico. The fee shall not exceed fifteen cents ($.15) per ton, or, for each brand of commercial feed distributed in individual packages of ten pounds or less, a distributor shall pay an annual inspection fee not to exceed twenty-five dollars ($25.00) and shall not pay the tonnage fee on such packages of the brand so registered.
B. Fees collected shall not exceed the costs of inspection, sampling and analysis and other expenses necessary for the administration of the New Mexico Commercial Feed Act. Fees collected shall constitute a fund for the payment of the costs of inspection, sampling and analysis and other expenses necessary for the administration of that act.
C. Except as otherwise provided in this section, a person who distributes commercial feed in New Mexico shall:
(1) file, not later than the last day of January, April, July and October of each year, a quarterly statement setting forth the number of net tons of commercial feeds distributed in New Mexico during the preceding calendar quarter and, upon filing the statement, shall pay the inspection fee. When more than one person is involved in the distribution of commercial feed, the person who distributes to the consumer is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been made by a prior distributor of the feed; and
(2) keep such records as may be necessary or required by the board to indicate accurately the tonnage of commercial feeds distributed in New Mexico, and the board may examine those records to verify statements of tonnage. If a quarterly report is not filed or if the inspection fee is not paid within the thirty-day period after the end of a quarter, a penalty of twenty percent, or a sum of ten dollars ($10.00), whichever is greater, will be due in addition to the inspection fees, and the inspection fees and the penalty shall constitute a debt for which suit may be brought by the board.
D. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply with the provisions of the New Mexico Commercial Feed Act shall constitute sufficient cause for the cancellation of all registrations on file for the distributor.
History:
Laws 2013, ch. 23, § 12.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-13 - Detained commercial feed.

A. When an employee or agent of the department has reasonable cause to believe that any lot of commercial feed is being distributed in violation of any of the provisions of the New Mexico Commercial Feed Act or rules promulgated in accordance with that act, it may issue and enforce a written "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the department or the district court.
B. The department shall release for distribution the lot of commercial feed that was withdrawn from distribution when the provisions of the New Mexico Commercial Feed Act have been complied with. If the department and the distributor agree that the lot of commercial feed is adulterated or otherwise cannot comply with that act within thirty days, the department shall release the lot of commercial feed for disposal in a manner approved by the department.
C. If the distributor has not complied with the provisions of the New Mexico Commercial Feed Act or rules promulgated in accordance with that act within thirty days or if the department has reasonable grounds to believe that the lot of commercial feed will be distributed in violation of the withdrawal from distribution order, the department shall begin condemnation and seizure proceedings against the lot of commercial feed. The department may file a complaint for seizure in the district court in the judicial district in which the commercial feed is located.
D. If, after hearing, the court finds that the commercial feed violates the provisions of the New Mexico Commercial Feed Act or rules promulgated in accordance with that act and orders the commercial feed to be condemned, the department shall ensure that it is disposed of in an appropriate manner. The court may allow the distributor to process or re-label the commercial feed to bring it into compliance with the New Mexico Commercial Feed Act.
History:
Laws 2013, ch. 23, § 13.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-14 - Injunctions; appeals of decisions of the department.

A. The department may apply to the district court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of the New Mexico Commercial Feed Act or the rules promulgated in accordance with that act.
B. A person adversely affected by an act, order or ruling made pursuant to the provisions of the New Mexico Commercial Feed Act may appeal the decision as provided in Section 39-3-1.1 NMSA 1978.
History:
Laws 2013, ch. 23, § 14.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-15 - Penalties.

A person convicted of violating Section 6 [76-19A-6 NMSA 1978] of the New Mexico Commercial Feed Act is guilty of a misdemeanor and shall be fined in an amount not more than one hundred dollars ($100) for the first violation and not more than one thousand dollars ($1,000) for a second or subsequent violation.
History:
Laws 2013, ch. 23, § 15.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-16 - Cooperation with other entities.

The department may cooperate with and enter into agreements with governmental agencies of New Mexico, other states and the federal government and private associations to carry out the purpose and provisions of the New Mexico Commercial Feed Act.
History:
Laws 2013, ch. 23, § 16.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 19A - Commercial Feed › Section 76-19A-17 - Annual reports.

The department shall publish an annual report on the manufacture and distribution of commercial feeds in New Mexico, together with such data on their production and use as the department determines, and a report of the results of the analyses of official samples of commercial feeds sold in New Mexico as compared with the analyses guaranteed in the registration and on the label; provided that the information concerning production and use of commercial feed shall not disclose the operations of any person.
History:
Laws 2013, ch. 23, § 17.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed Act effective July 1, 2013.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 20 - Agricultural Market Development › Section 76-20-2 - Definitions.

As used in the Agricultural Market Development Act of 1979:
A. "board" means the board of regents of New Mexico state university;
B. "department" means the department of agriculture;
C. "farm products" means all agricultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products and any and all products which have their situs of production on the farm; and
D. "food products" means any and all products either in a natural or processed state used by man or animal as food.
History:
Laws 1979, ch. 130, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 20 - Agricultural Market Development › Section 76-20-3 - Market development program.

The department is authorized to and may engage in a program of agricultural market development, which may include but not be limited to the following services and functions:
A. assisting in the development of new markets or expansion of existing markets for farm products produced or processed in the state;
B. disseminating information relating to the availability, quality and use of farm products;
C. collecting and disseminating information relating to prospective market conditions as well as current supplies, demand and prices of farm products;
D. serving as an intermediary between prospective purchasers and sellers of farm products as to source of supply and demand;
E. cooperating with and aiding farmers and other producers of farm and food products and distributors and consumers of such products in improving and maintaining an efficient system of distribution and marketing in reaching advantageous markets;
F. developing and implementing certification standards in cooperation with the affected growers and industry for the branding of agricultural products that may receive unique labels based on region of origin, variety or other special characteristics; provided that nothing in this subsection shall be construed to affect the trademark or copyright of an agricultural product or convey authority for trademarks or copyrights;
G. accepting and receiving grants from public or private agencies for expenditure in furtherance of the purposes of the Agricultural Market Development Act of 1979;
H. consulting with other states in the development of joint programs for the establishment and development of markets on a mutual or regional basis; and
I. performing such other services as may be necessary to fulfill the purposes of the Agricultural Market Development Act of 1979.
History:
Laws 1979, ch. 130, § 3; 2009, ch. 41, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Subsection F.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 20 - Agricultural Market Development › Section 76-20-4 - Limitations.

A. Nothing in the Agricultural Market Development Act of 1979 shall authorize the department to:
(1) engage in any commercial transaction involving farm or food products as purchaser, seller, broker or dealer; or
(2) acquire or own any farm or food product.
B. In the performance of his duties under the Agricultural Market Development Act of 1979, no official or employee of the department shall discriminate against any farm or food product, or against any producer, processor, distributor or dealer of any such products.
History:
Laws 1979, ch. 130, § 4.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 20 - Agricultural Market Development › Section 76-20-5 - Reporting.

A. The department shall report to the legislature at each annual session the progress made in improving agricultural markets for New Mexico farm products. Such report shall include monetary and volume increases achieved.
History:
Laws 1979, ch. 130, § 5.
ANNOTATIONS
Compiler's notes.
— This section contained no Subsection B as enacted.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-2 - Definitions.

As used in the Agricultural Commodity Commission Act:
A. "animal" means any agricultural animal except beef cattle and horses;
B. "commercial channels" means the sale of the commodity for use as food or for industrial, agricultural or chemurgic use, when sold to any commercial buyer or to any person who resells the commodity or any product derived therefrom;
C. "commission" means a commodity commission established under the Agricultural Commodity Commission Act;
D. "commodity" means any distinctive type of agricultural, horticultural, floricultural, viticultural, vegetable or animal product of any class, in its natural or processed state. The director of the New Mexico department of agriculture may determine what types or subtypes of commodity may be classed together as a commodity for the purposes of the Agricultural Commodity Commission Act;
E. "director" means the director of the New Mexico department of agriculture;
F. "first purchaser" means any person who buys the commodity, for which a commission is created, from the producer in the first instance, or the handler who received the commodity in the first instance from the producer for resale or processing;
G. "handler" means any producer, processor, distributor or other person engaged in the handling or marketing of or dealing in the commodity for which a commission is created, whether as an owner, agent, employee, broker or otherwise; and
H. "producer" means any person engaged in a proprietary capacity in the commercial production of a commodity for market within this state.
History:
Laws 1983, ch. 231, § 2; 1987, ch. 94, § 1.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-3 - Petition for establishment of commission for a particular commodity.

Any twenty-five or more persons interested in the production of a particular commodity for which it is proposed to establish a commission may file a petition with the department [New Mexico department of agriculture] asking that a commission be established for such commodity. The petition shall set forth:
A. the name of the commodity for which the commission is to be established;
B. a concise statement of the reasons for the establishment of a commission;
C. a request that a referendum be held among the producers of the commodity on the question of the establishment of a commission;
D. the name and address of the individual who is authorized to represent the petitioners;
E. the number of persons to serve on the commission;
F. the maximum per unit assessment on the commodity for which the commission is established; and
G. the method of levy and collection of an assessment upon producers for the support of the commission.
History:
Laws 1983, ch. 231, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The reference to "New Mexico department of agriculture" was inserted by the compiler, as the reference to "department" in the above section apparently refers to the department of agriculture.
See
76-1-1 and 76-21-2E NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-4 - Petition filing fee.

A. The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum.
B. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate.
History:
Laws 1983, ch. 231, § 4.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-5 - Hearings regarding establishment of commodity commission; notice of hearings.

A. Within sixty days after the petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the proposed hearings in areas of the state where the commodity is grown in economic quantities.
B. The notices of hearing shall be published at least fourteen days prior to the date of hearing in a newspaper of general circulation in the state.
History:
Laws 1983, ch. 231, § 5.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-6 - Determination by director regarding need for commodity commission.

A. After hearing, the director shall determine, based upon the facts presented and other relevant data available, if there is a need for the creation of a commission whose interest is the general welfare of the producers of the commodity and if the need is sufficient to justify the holding of a referendum thereon.
B. Subsequent petitions relating to the same commodity may not be filed or action taken thereon within one year from the date the director has recorded a determination denying the need for the creation of a commission for a commodity.
History:
Laws 1983, ch. 231, § 6.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-7 - Referendum regarding establishment of commodity commission after determination by director.

A. If the director determines the need for a commission is sufficient to justify the holding of a referendum, he shall within a reasonable time hold a referendum upon the proposition of the creation of the commission.
B. Notice of a referendum upon the proposition of the creation of a commission shall be given in the same manner as notice of other hearings. Included in the notice of referendum shall be:
(1) the name of the commodity for which the commission is to be established;
(2) a concise statement of the reasons for the establishment of a commission;
(3) the name and address of the individual who is authorized to represent the petitioners;
(4) the number of persons to be elected to the commission;
(5) the maximum per unit assessment on the commodity for which the commission is established; and
(6) method of levy and collection of an assessment upon producers for the support of the commission.
C. Preceding any referendum held pursuant to the Agricultural Commodity Commission Act, the director shall determine the number of producers in this state and their total production in the last preceding production season or year of the commodity for which a commission is proposed. The director's determination shall be predicated upon available relevant and reliable information establishing such facts from statistics of the New Mexico department of agriculture, the United States department of agriculture, the United States department of commerce or other sources as determined by the director. At the request of the director, any handlers or other persons shall furnish information available relevant to the determination required of the director.
D. A ballot on the referendum shall be sent to each producer of record. Included on the ballot shall be the minimum information required in the notice of referendum in Paragraphs (1) through (6) of Subsection B of this section.
History:
Laws 1983, ch. 231, § 7.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-8 - Creation of commission.

The director shall declare a commission created if the proposition received an affirmative vote in the referendum of two-thirds of the producers voting and if the total voting producers are producers of more than one-third of the total quantity of the commodity produced in the state in the last preceding year as determined by the director.
History:
Laws 1983, ch. 231, § 8.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-9 - Election of members of commission; number of producers and handlers.

A. The commission shall be composed of from five to eleven members, as stated in the petition for referendum. Members shall be elected by producers from nominations made to the director by producers or producers' organizations.
B. Members of the commission shall be elected as follows within sixty days following the director's declaration that a commission is created:
(1) approximately one-third of the members for a one-year term;
(2) one-third of the members for a two-year term; and
(3) one-third of the members for a three-year term.
Thereafter, each member shall be elected for a term ending three years from the date of expiration of the term for which his predecessor was elected, except in case of a vacancy when the appointee shall serve the unexpired part of the term of the member whom he replaces.
C. A majority of the members shall be producers, and at least one member shall be a handler. All members other than handlers shall be producers.
History:
Laws 1983, ch. 231, § 9.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-11 - Qualifications of members.

Each member of the commission shall have the following qualifications which shall continue during his term of office:
A. a legal resident of the United States;
B. a bona fide resident of the state;
C. shall have demonstrated an active interest in the development of the commodity industry in New Mexico; and
D. producer members shall be and have been actively engaged in producing and the handler members in the handling of the commodity for which the commission is established and shall derive a substantial portion of their incomes from the sale of the commodity.
History:
Laws 1983, ch. 231, § 11.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-12 - Removal of members.

A. The director shall immediately declare the office of any member of the commission vacant whenever such member has ceased to be an active producer or handler in this state, has become a resident of another state or is not performing the duties of his office.
B. The director may remove any member of the commission for inefficiency, neglect of duty or misconduct in office.
C. The director shall fill vacancies by appointing a replacement to serve the unexpired term.
History:
Laws 1983, ch. 231, § 12.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-13 - Commission organization; meetings.

The commission shall meet as soon as practicable for the purpose of organizing. It shall elect a chairman and a secretary-treasurer from among its members. It shall adopt a general statement of policy for guidance and shall transact such other business as is necessary to start the work of the commission. Thereafter, the commission shall meet regularly once each six months and at such other times as called by the chairman.
History:
Laws 1983, ch. 231, § 13.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-14 - Authority of commission generally.

The commission may:
A. conduct or cause to be conducted studies to increase the commercial value of, expand current markets and find new markets for and establish or provide for the establishment of marketing development projects for the commodity and products thereof;
B. disseminate or cause to be disseminated, reliable information relative to market conditions, current prices and sources of supply and demand showing the value of the commodity and its products for any purpose for which they may be found useful and profitable;
C. sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by the Agricultural Commodity Commission Act;
D. enter into contracts which it deems appropriate to the carrying out of the purposes of the commission as authorized by the Agricultural Commodity Commission Act;
E. make grants for studies or for the purchase of facilities necessary to carry out the purposes of the commission as authorized by the Agricultural Commodity Commission Act;
F. appoint subordinate officers and employees of the commission and prescribe their duties and fix their compensation;
G. cooperate or act jointly with any local, state or national organization or governmental agency, whether created by law or voluntary, engaged in work or activities similar to that of the commission and enter into contracts with such organizations or agencies for carrying on joint programs deemed by the commission to be beneficial to the commodity industry of this state, and expend funds in connection therewith, provided that such program is compatible with the powers conferred by the Agricultural Commodity Commission Act;
H. adopt, rescind, modify or amend all proper regulations, orders and resolutions for the exercise of its powers and duties; and
I. advertise the commodity and develop new markets through such advertising or enter into contracts for same.
History:
Laws 1983, ch. 231, § 14; 1987, ch. 94, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-15 - Levy of assessment on commodity sales.

A. The commission may assess, levy and collect an assessment, the amount of which shall not exceed the maximum stated in the petition for referendum, on all units, plants or animals of the commodity produced or handled within this state and sold in commercial channels. If the commission determines it is impractical to assess on units of the commodity sold into commercial channels, or on wire, twine, binding or packaging material, an assessment may be imposed on the producer. All casual sales of the commodity made by the producer direct to the consumer shall be exempt from the assessment. The amount of the assessment shall be determined by the commission and published annually.
B. The assessment shall be levied and assessed to the producer at the time of sale and shall be deducted by the first purchaser from the price paid to the producer. In the case of assessments imposed on wire, twine, binding or packaging materials, the assessment shall be added to the purchase price by the seller and paid to the commission. In the case of acreage assessments, the amount shall be imposed on the producer at a time established by the commission and the producer shall pay the assessment directly to the commission.
History:
Laws 1983, ch. 231, § 15; 1993, ch. 36, § 1.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted the second sentence in Subsection A and added the last two sentences in Subsection B.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-16 - Refunds.

Any producer on whose behalf an assessment has been paid is entitled to a refund of the amount paid by making written application therefor to the commission. The application shall be made within thirty days after the sale was made giving rise to the assessment and shall contain enough detail to enable the commission to find the record of payment. Refunds shall be made within thirty days of the date of the application unless the proceeds and the necessary information have not been received by the commission, in which case the refund shall be made within fifteen days after receipt of the proceeds and necessary information.
History:
Laws 1983, ch. 231, § 16.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-17 - First purchaser of commodity to make reports and pay assessment.

A. On dates established by the commission, the first purchaser shall provide prescribed information and reports on forms designated by the commission.
B. The first purchaser shall deduct an assessment at the time of sale and pay to the commission the amount of the assessment on dates established by the commission.
History:
Laws 1983, ch. 231, § 17.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-18 - Records of person required to pay assessment.

Each person required to pay an assessment on a commodity under the Agricultural Commodity Commission Act shall keep records sufficient to enable the commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission. The commission or any person authorized by the commission may inspect and audit these records.
History:
Laws 1983, ch. 231, § 18.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-19 - Records and accounts of commission.

The commission shall:
A. submit to the director for approval a detailed annual budget for the commission on a fiscal year basis and provide a copy of such budget upon request to any person who has paid an assessment;
B. bond officers and employees of the commission who receive and disburse commission funds;
C. keep detailed and accurate records as approved by the director of all receipts and disbursements, have such records audited annually and keep such audit available for inspection in the commission office; and
D. establish procedures for the adoption of regulations that will provide for input from producers.
History:
Laws 1983, ch. 231, § 19.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-20 - Referendum on continuance of commission.

After three years from the date any commission is created, a referendum may be held at the petition of twenty-five or more producers of the commodity or at the request of the commission upon the question of the discontinuance of the commission. Any costs of such referendum are to be borne by the commission.
History:
Laws 1983, ch. 231, § 20.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-21 - Disposition of funds.

A. All funds received by the commission shall be received by the commission and disbursed directly by the commission according to procedures approved by the director and shall be subject to audit by the state auditor at his discretion. The commission is not required to submit vouchers, purchase orders or contracts to the department of finance and administration as otherwise required by Section 6-5-3 NMSA 1978.
B. The commission shall issue warrants against funds of the commission in payment of its lawful obligations. The commission shall provide its own warrants, purchase orders and contract forms as well as other supplies and equipment. All warrants shall be signed by two officers or employees designated by the commission.
C. The commission shall designate banks where its funds are to be deposited, provided such banks have been qualified as depository banks for state funds.
History:
Laws 1983, ch. 231, § 21.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21 - Agricultural Commodity Commissions › Section 76-21-22 - Public Purchases Act; Personnel Act; exemption; Tort Claims Act.

The commission is exempt from the operation of the Public Purchases Act [repealed] and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The commission members and their employees are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978].
History:
Laws 1983, ch. 231, § 22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1984, ch. 65, § 175 repealed the Public Purchases Act, effective November 1, 1984. For present comparable provisions,
see
the Procurement Code, 13-1-28 to 13-1-199 NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21A - Organic Production › Section 76-21A-1 - Short title.

This act [76-21A-1 to 76-21A-5 NMSA 1978] may be cited as the "Organic Production Act".
History:
Laws 2011, ch. 29, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 29, § 8 made the Organic Production Act effective July 1, 2011.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21A - Organic Production › Section 76-21A-2 - New Mexico department of agriculture; powers.

A. The Organic Production Act shall be administered and enforced by the New Mexico department of agriculture, under the direction of the board of regents of New Mexico state university. The New Mexico department of agriculture is authorized to regulate the production, handling and certification of organic agricultural products pursuant to rules adopted by the board of regents of New Mexico state university. In promulgating the rules, the board shall consider the requirements of the federal Organic Foods Production Act of 1990 and the national organic program rules.
B. The department may:
(1) charge fees and assessments to fund its organic certification program; and
(2) implement education and marketing programs to assist organic producers and handlers and those considering certification as organic producers or handlers.
History:
Laws 2011, ch. 29, § 2.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 29, § 8 made the Organic Production Act effective July 1, 2011.
Cross references.
— For the federal Organic Foods Production Act of 1990,
see
Title 7 U.S.C., Chapter 94, §6501 et seq.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21A - Organic Production › Section 76-21A-3 - Repealed.

History:
Laws 2011, ch. 29, § 3; repealed by Laws 2017, ch. 113, § 1.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 113, § 1 repealed 76-21A-3 NMSA 1978, as enacted by Laws 2011, ch. 29, § 3, relating to fees and assessments, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21A - Organic Production › Section 76-21A-4 - Disposition of funds.

All money received by the New Mexico department of agriculture pursuant to the provisions of the Organic Production Act, including assessments, fees, appropriations, gifts, grants and donations, shall be expended only for the purpose of carrying out the provisions of that act.
History:
Laws 2011, ch. 29, § 4.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 29, § 8 made the Organic Production Act effective July 1, 2011.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 21A - Organic Production › Section 76-21A-5 - Applicability to other laws.

A. Any transactions involving agricultural products that bear labels stating that the agricultural products are organically produced are subject to Sections 57-15-1 through 57-15-10 NMSA 1978.
B. Any transactions involving agricultural products that are food and that bear labels stating that the agricultural products are organically produced are subject to the New Mexico Food Act [25-2-1 to 25-2-20 NMSA 1978].
History:
Laws 2011, ch. 29, § 5.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 29, § 8 made the Organic Production Act effective July 1, 2011.
Temporary provisions.
— Laws 2011, ch. 29, § 6 provided:
A. On July 1, 2011, all functions, appropriations, money, records, furniture, equipment and other property of the organic commodity commission are transferred to the New Mexico department of agriculture.
B. On July 1, 2011, all contractual obligations of the organic commodity commission are binding on the New Mexico department of agriculture.
C. On July 1, 2011, all money in the organic market development fund shall be transferred to the New Mexico department of agriculture.
D. On July 1, 2011, all references in the law or rule to the organic commodity commission are deemed to be references to the New Mexico department of agriculture.
E. The rules of the organic commodity commission are deemed to be the rules of the board of regents of New Mexico state university for the New Mexico department of agriculture until amended or repealed by the board of regents of New Mexico state university.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 22 - Organic Commodities (Repealed.) › Section 76-22-1 - Repealed.

History:
Laws 1990, ch. 122, § 1; 1993, ch. 330, § 1; repealed by Laws 2011, ch. 29, § 7.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 29, § 7 repealed 76-22-1 NMSA 1978, as enacted by Laws 1990, ch. 122, § 1, relating to the short title of the former Organic Commodities Act, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com
.