reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7A - Harmful Plants › Section 76-7A-11 - Penalties.

A. Any person who knowingly violates any provision of the Harmful Plant Act or any regulation adopted by the board pursuant thereto is guilty of a petty misdemeanor and, upon conviction, shall be punished by a fine of one hundred dollar ($100). Each day of violation shall constitute a separate and punishable offense.
B. The department shall not be required to give bond or security in any legal proceeding brought under the provisions of the Harmful Plant Act in which the department is a party.
History:
1978 Comp., § 76-7A-11, enacted by Laws 1978, ch. 125, § 11.
ANNOTATIONS
Severability.
— Laws 1978, ch. 125, § 12, provided for the severability of the act if any part or application thereof was held invalid.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7B - Rangeland Protection › Section 76-7B-2 - Purpose of act.

The legislature finds and declares that:
A. vast rangeland areas are producing less than their potential for the grazing of livestock, wildlife habitat, forage and water and soil conservation benefits; and
B. it is essential to the general welfare of this state to apply methods to enhance the multiple-use management, development and conservation of rangeland in New Mexico so as to restore rangeland capacity to carry livestock and wildlife, conserve valuable soil and water resources and restore environmental quality.
History:
Laws 1985, ch. 53, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7B - Rangeland Protection › Section 76-7B-3 - Definitions.

As used in the Rangeland Protection Act:
A. "committee" means the rangeland protection advisory committee;
B. "department" means the New Mexico department of agriculture;
C. "protection" means the control or management of undesirable brush or other weed species and any associated management program or activity necessary to enhance successful restoration of the treated rangeland intended to restore production of forage, change vegetative composition, conserve the soil by stabilizing soil and water conditions or provide habitat for livestock and wildlife. The term shall be so interpreted as to emphasize an integrated management approach to rangeland protection; and
D. "rangeland" means land that is not cultivated and is used primarily for grazing of domestic livestock and wildlife in addition to being a source of wood products and water.
History:
Laws 1985, ch. 53, § 3.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7B - Rangeland Protection › Section 76-7B-4 - Department; powers and duties.

The department shall coordinate rangeland protection projects developed under the Rangeland Protection Act. In the performance of its function, the department shall:
A. establish contact with ranchers, Indian tribes and pueblos, local soil and water conservation district boards and appropriate state and federal agencies to determine desire for participation in brush and weed management programs;
B. coordinate field inspections on participating ranches with ranchers, local soil and water conservation district boards, appropriate state and federal agencies and other persons with needed expertise to evaluate the extent of the problem;
C. obtain a written recommendation from persons participating in the field inspections relative to need for and feasibility of control;
D. closely coordinate project activities with local soil and water conservation district boards;
E. under guidelines established by the committee, prepare and implement a plan for each project to receive brush and weed control. Each plan shall include such information as extent of the problem, number of acres by species and land status, recommended method and season of control, estimated cost of control for each participating individual or agency and necessary follow-up management practices required to enhance successful restoration and conservation of the treated area;
F. conduct the contract process to obtain services for control;
G. supervise and administer the actual contracted control or management projects in the field to assure compliance with the contract;
H. maintain an information repository on current technology for brush and weed control; and
I. cooperate and coordinate with any individual or county, state or federal governmental agency or its subdivisions to carry out its duties under this section.
History:
Laws 1985, ch. 53, § 4.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7B - Rangeland Protection › Section 76-7B-5 - Committee created.

A. There is created the "rangeland protection advisory committee". The following persons or their designees shall be members: the director of the New Mexico department of agriculture, the chairman of the range improvement task force, college of agriculture of New Mexico state university, the commissioner of public lands, the director of the department of game and fish, the secretary of natural resources, the dean of the college of agriculture at New Mexico state university and the director of the environmental improvement division of the health and environment department [department of environment]. The committee shall coordinate its activities and insofar as possible involve the state director of the United States bureau of land management, the regional forester of the United States forest service, the bureau of Indian affairs and the state conservationist of the United States soil conservation service. The chairman will appoint one additional member for a one-year term to be selected from the ranching industry. The director of the New Mexico department of agriculture shall serve as chairman.
B. The chairman shall call meetings of the committee and prescribe the time and place of each meeting.
C. To facilitate cooperation and coordination, the committee shall:
(1) meet upon the call of the chairman to develop mutually acceptable general guidelines to be followed for all rangeland protection projects conducted by the department under the Rangeland Protection Act; and
(2) be convened at least once annually to discuss rangeland protection projects conducted during the preceding year and to provide updated recommendations and guidance for future projects as necessitated by, but not limited to, changes in available funding, laws or technology.
D. The department shall provide the administrative staff and facilities needed by the rangeland protection advisory committee.
History:
Laws 1985, ch. 53, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1991, ch. 25, § 4 provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7B - Rangeland Protection › Section 76-7B-6 - Funding of projects.

Rangeland protection projects covering federal, state, Indian-owned and privately owned rangeland shall be funded as follows:
A. the appropriate federal department, bureau, agency or committee with authority for allocating funds, in cases where they participate, shall provide funding for projects embracing federal and Indian land;
B. owners and operators of deeded lands, in cases where they participate, shall provide funding for projects embracing privately owned land;
C. the state, in cases where it participates, shall provide funding for projects embracing state trust rangeland; and
D. project funding by each type of rangeland ownership shall be upon a proportional acreage participation basis.
History:
Laws 1985, ch. 53, § 6.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7B - Rangeland Protection › Section 76-7B-7 - Rangeland information collection and dissemination.

The department shall insure the implementation of programs to collect and disseminate information relating to the purposes of the Rangeland Protection Act. Such programs shall include but not be limited to:
A. collecting results from all possible sources on research about rangeland protection methods;
B. assembling and correlating information on rangeland protection research and other applicable data so as to make it easily accessible to all;
C. cataloging those methods, techniques and tools for rangeland protection projects which may have application for New Mexico; and
D. preparing and publishing in a timely fashion a complete report of each rangeland protection project carried out under the Rangeland Protection Act to include the amount and ownership of lands treated, target plant species, methods used and an assessment of the results and furnishing a copy of the complete report to the first session of the thirty-eighth legislature prior to that session.
History:
Laws 1985, ch. 53, § 7.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7C - Range Management Plans › Section 76-7C-1 - Grazing permits; management plans.

A. In all areas of New Mexico where the production of livestock is managed upon intermingled private, state and federal land, landowners, lessees and permittees may provide for the development and implementation of a management plan. If a landowner, permittee or lessee elects to develop a management plan for any given area, he shall do so in consultation, cooperation and coordination with other lessees, permittees and landowners involved. In addition, the permittee, lessee or landowner shall consult with the range improvement task force located at New Mexico state university and the New Mexico department of agriculture.
B. Management plans shall be tailored to the specific range condition of the area to be covered by these plans and shall be reviewed on a periodic basis to determine whether they have been effective in improving the range condition of the lands involved. The management plans may be revised or terminated or new plans developed from time to time after such review and careful and considered consultation, cooperation and coordination with all permittees, lessees and landowners involved and, if appropriate, with the New Mexico department of agriculture and the range improvement task force staff of New Mexico state university.
History:
Laws 1991, ch. 42, § 1.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7D - Noxious Weed Management › Section 76-7D-1 - Short title.

This act [76-7D-1 to 76-7D-6 NMSA 1978] may be cited as the "Noxious Weed Management Act".
History:
Laws 1998, ch. 78, § 1.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 78 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7D - Noxious Weed Management › Section 76-7D-2 - Findings and purpose.

A. The legislature finds that noxious weeds have caused extensive economic damage in New Mexico. Specifically, the presence and spread of noxious weeds:
(1) decreases land values and productivity, forces out nutritious forage for livestock and often causes the death of livestock and crops;
(2) harms the environment by crowding out native vegetation and endangered species, increasing fire danger and increasing water usage; and
(3) increases government and industrial costs by increasing highway cleanup costs, decreasing the lease value of state and federal public lands and curtailing the hunting, fishing and recreational use of the land.
B. It is the purpose of the Noxious Weed Management Act to improve the state economy and environment by managing noxious weeds in New Mexico.
History:
Laws 1998, ch. 78, § 2.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 78 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7D - Noxious Weed Management › Section 76-7D-3 - Definitions.

As used in the Noxious Weed Management Act:
A. "director" means the director of the New Mexico department of agriculture;
B. "landowner" means a person who holds title to real property, is the holder of a right-of-way easement or is a designated land manager;
C. "noxious weed" means a plant species that is not indigenous to New Mexico and that has been targeted pursuant to the Noxious Weed Management Act for management or control because of its negative impact on the economy or the environment; and
D. "public land" means land controlled or supervised by an agency of government.
History:
Laws 1998, ch. 78, § 3.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 78 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7D - Noxious Weed Management › Section 76-7D-4 - Duties of director; noxious weed management program.

A. The director shall coordinate integrated noxious weed management programs. To carry out such programs, the director shall:
(1) select the species of weeds to be targeted as noxious weeds for control or eradication pursuant to the Noxious Weed Management Act;
(2) identify the methods to be used to control noxious weeds; and
(3) develop publications to educate the public on the problem and prevention of noxious weeds.
B. The director may use and cooperate with any existing noxious weed control program that is available and appropriate for the purposes of the Noxious Weed Management Act.
History:
Laws 1998, ch. 78, § 4.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 78 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7D - Noxious Weed Management › Section 76-7D-5 - Administration of program.

The director shall administer the provisions of the Noxious Weed Management Act subject to the directives, policies and regulations of the board of regents of New Mexico state university.
History:
Laws 1998, ch. 78, § 5.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 78 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 7D - Noxious Weed Management › Section 76-7D-6 - Landowners; rights; agreements.

A. If the director or his designee becomes aware of the presence of noxious weeds on nonpublic land, the director shall notify the landowner of the noxious weeds and the methods for controlling them. However, nothing in the Noxious Weed Management Act shall be construed to permit the director or his designee to enter nonpublic land except at the invitation of the landowner.
B. Upon the request of a landowner, the director shall develop a noxious weed control program in cooperation with the landowner.
C. Whenever the director becomes aware of the presence of noxious weeds on public land, he shall inform the governmental entity of the species found on land under the entity's jurisdiction. When possible and practicable, the director shall consult with the governmental entity in developing a management plan for the control of the noxious weeds.
D. The director may develop and implement cooperative agreements with appropriate federal and state agencies, the commissioner of public lands and Indian nations, tribes and pueblos to carry out the provisions of the Noxious Weed Management Act.
History:
Laws 1998, ch. 78, § 6.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 78 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
Severability.
— Laws 1998, ch. 78, § 7 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 8 - Protection of Native New Mexico Plants › Section 76-8-2 - [Removal of plants from state or private lands without permission prohibited.]

No person shall destroy, mutilate or remove any living plant, except seeds, of the protected group from any state or private [privately] owned lands without a written permit from the owner, provided that nothing in this act [76-8-1 to 76-8-4 NMSA 1978] shall be construed to prevent the cleaning, clearing or removal of plants from any canal, lateral, ditch, survey line, public road or railroad right-of-way or highway, when necessary to the full and proper use thereof, and provided further that the provisions of this act shall not apply when plants enumerated herein are more than four hundred yards from any public highway.
History:
Laws 1933, ch. 116, § 2; 1941 Comp., § 48-1002; 1953 Comp., § 45-11-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 8 - Protection of Native New Mexico Plants › Section 76-8-3 - [Exception.]

Nothing herein shall prevent the use of down or dead cacti for business or other purposes.
History:
Laws 1933, ch. 116, § 3; 1941 Comp., § 48-1003; 1953 Comp., § 45-11-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 8 - Protection of Native New Mexico Plants › Section 76-8-4 - [Penalty for violation.]

Any person violating the provisions of this act [76-8-1 to 76-8-4 NMSA 1978] shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty [($50.00)] nor more than three hundred dollars [($300)], and each violation shall constitute a separate offense.
History:
Laws 1933, ch. 116, § 4; 1941 Comp., § 48-1004; 1953 Comp., § 45-11-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-1 - Short title.

This act [76-9-1 to 76-9-13 NMSA 1978] may be cited as the "Bee Act."
History:
1953 Comp., § 47-24-1, enacted by Laws 1975, ch. 122, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Law of bees, 39 A.L.R. 352.
Liability for injury or damage caused by bees, 86 A.L.R.3d 829.
Keeping bees as nuisance, 88 A.L.R.3d 992.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-2 - Definitions.

As used in the Bee Act:
A. "abandoned colony" means a colony that is abandoned or neglected by a beekeeper according to criteria adopted by the board;
B. "apiary" means a location where one or more colonies or nuclei of bees are managed by a beekeeper;
C. "bee" means all races of the honeybee, Apis mellifera L., and other species of the genus Apis, that are capable of being managed for the production of honey, wax or pollen, or that are capable of being managed to pollinate plants;
D. "beekeeper" means a person who owns, leases or manages bees;
E. "board" means the board of regents of New Mexico state university;
F. "colony" means a family unit of bees composed of a queen and workers;
G. "commercial apiary" means a location where a beekeeper is required to maintain the minimum number of colonies designated by the board;
H. "contagious disease" means any disease, parasite or anything adversely affecting adult bees or their brood that may be spread from one bee to another bee or from one colony to another colony;
I. "department" means the New Mexico department of agriculture;
J. "equipment" means equipment used in managing bees, including but not limited to, brood chambers, surplus honey chambers, bottom boards, tops, frames, drawn comb, queen excluders and feeders;
K. "hive" means a container made or prepared that is used as a home by a colony of bees; and
L. "inspector" means a qualified person designated by the department to enforce the Bee Act and regulations adopted by the board.
History:
1953 Comp., § 47-24-2, enacted by Laws 1975, ch. 122, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-3 - Powers of board and department.

A. The board shall adopt regulations necessary for the administration and enforcement of the Bee Act and through the department shall administer and enforce the Bee Act and regulations adopted by the board.
B. The department has full power to deal with any contagious disease of bees which, in the opinion of the department, may be prevented, controlled or eradicated and shall perform such acts as, in the judgment of the department, may be necessary to control, eradicate or prevent the introduction, spread or dissemination of contagious diseases of bees.
C. The department has authority to prohibit the shipment or bringing into the state [of] colonies or equipment capable of transmitting contagious disease from any state, territory or foreign country.
History:
1953 Comp., § 47-24-3, enacted by Laws 1975, ch. 122, § 3.
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 §§ 19, 20.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-4 - Contagious disease; duty to prevent.

Any beekeeper who has been notified in writing by the department that his bees or equipment are infected with a contagious disease and who willfully and knowingly permits the bees or equipment to remain in such condition shall be in violation of the Bee Act.
History:
1953 Comp., § 47-24-4, enacted by Laws 1975, ch. 122, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 54 et seq.
3A C.J.S. Animals § 94.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-5 - Inspection; access; interference.

A. The department shall notify each beekeeper prior to the initial annual inspection of his apiary and, if requested by the beekeeper, an inspector shall make the apiary inspection in the presence of the beekeeper or his representative and at a time that conforms to the efficient management of bees. Subsequent inspections may be made by an inspector, as needed, to locate and control contagious disease and regulate the location of any apiary. The inspector shall have access to all apiaries. Any person who shall hinder, resist or impede in any way an inspector in the discharge of his duties shall be in violation of the Bee Act.
B. In order to permit the inspector to readily examine a colony for contagious disease, beekeepers shall manage bees only in those types of hives approved by the board.
History:
1953 Comp., § 47-24-5, enacted by Laws 1975, ch. 122, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 42 et seq.
3A C.J.S. Animals § 91.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-6 - Inspection certificates.

Each beekeeper that manages bees shall apply to the department for an annual inspection certificate. The inspection certificate shall be issued by the department upon completion of the apiary inspection and shall state the colonies and apiaries that are apparently free of contagious disease and the colonies and apiaries that are infected with contagious disease. No honey shall be offered for sale unless the beekeeper has a current inspection certificate.
History:
1953 Comp., § 47-24-6, enacted by Laws 1975, ch. 122, § 6.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-7 - Diseased colonies.

If an inspector finds a contagious disease in a colony, he shall direct the beekeeper to destroy the diseased colony and equipment, or to treat the colony according to a schedule approved by the department; providing the inspector shall upon request by the beekeeper obtain a sample of brood that is representative of the apiary as determined by the inspector for submission to an approved state or federal laboratory for verification of the disease. All diseased colonies that are treated by a beekeeper shall be reinspected by an inspector within the period designated by the board. The board may require the beekeeper to pay an amount set by the board not to exceed fifty dollars ($50.00) for each inspection, excluding the initial annual inspection, required to certify that the colonies are apparently free of contagious disease. Colonies that do not respond to treatment within a period specified by the board following the initial inspection shall be destroyed by the beekeeper or an inspector in a manner approved by the department and the contaminated equipment shall be disinfected or burned by the beekeeper or an inspector.
History:
1953 Comp., § 47-24-7, enacted by Laws 1975, ch. 122, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 53.
3A C.J.S. Animals § 76.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-8 - Abandoned colonies.

Abandoned colonies and contaminated equipment shall be destroyed under the supervision of the inspector when the colony is found to be infected with a contagious disease. Abandoned live colonies or abandoned equipment that is apparently free of contagious disease may be sold in a manner designated by the board or destroyed as specified by the board.
History:
1953 Comp., § 47-24-8, enacted by Laws 1975, ch. 122, § 8.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-9 - Location of apiaries.

A. In order to control contagious disease, no apiary shall be moved or established closer than one and one-half miles straight airline distance from an existing registered commercial apiary, unless the apiary owner is also the owner of the apiary location.
B. Any beekeeper found in violation of Subsection A of this section shall remove the apiary within ten days. After the ten days, each day the beekeeper remains in violation shall constitute a separate violation of the Bee Act.
C. If a beekeeper uses his colonies for the pollination of an agricultural crop and desires to locate the colonies within the distance specified by the board of an existing commercial apiary, he shall apply for a special pollination permit from the department. The department shall grant a pollination permit only if the colonies are apparently free of contagious disease. The department shall issue the pollination permit only for the period of time the bees are effectively pollinating the designated crop.
History:
1953 Comp., § 47-24-9, enacted by Laws 1975, ch. 122, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 95.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-10 - Registration of commercial apiaries.

Each commercial beekeeper shall register the location of each commercial apiary under his control with the department and shall give an accurate description of the location of each commercial apiary. The registration fee shall be set by the board at not more than five dollars ($5.00) for each commercial apiary, provided that no beekeeper shall be required to pay registration fees totaling more than two hundred dollars ($200) in any one year. The regulations of the board shall determine the time and method of registration.
History:
1953 Comp., § 47-24-10, enacted by Laws 1975, ch. 122, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 23 et seq.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-11 - Importation of bees.

A. No colonies or equipment shall be moved into the state, unless accompanied by a certificate of inspection signed by an authorized apiary inspector of the state from which the bees originated. The certificate of inspection shall state that the colonies are apparently free of contagious disease, and shall meet other requirements as designated by the board. The person in this state receiving colonies or equipment shall file with the department a statement of the proposed location in the state where the colonies will be managed and a notice that the bees have arrived. The statement and notice shall be filed by the beekeeper in accordance with the regulations of the board. The department shall, as soon as practicable after arrival, inspect the colonies for contagious disease. The beekeeper shall pay the actual cost of the initial inspection and all subsequent inspections required because of the presence of any contagious disease.
B. This section shall not apply to the movement into the state of packaged bees or queen bees if moved into the state in mailing cages free of honey.
C. In order to prevent the dissemination of any bees that would adversely affect the beekeeping industry in the state, the department may prohibit their entrance into the state and may seize, stop movement, destroy or otherwise dispose of the bees, as the department deems appropriate.
History:
1953 Comp., § 47-24-11, enacted by Laws 1975, ch. 122, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 52.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 9 - Bees › Section 76-9-13 - Penalties; bond.

A. Any person who violates any provision of the Bee Act or any regulation adopted by the board pursuant thereto is guilty of a misdemeanor. Each day a person remains in violation shall constitute a separate offense.
B. The department shall not be required to give bond or security in any legal proceeding brought under the Bee Act which the department may institute or defend in any court of the state.
History:
1953 Comp., § 47-24-13, enacted by Laws 1975, ch. 122, § 13.
ANNOTATIONS
Severability.
— Laws 1975, ch. 122, § 15, provided for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals §§ 93, 94, 97.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-2 - [Construction of act.]

This act [76-10-1 to 76-10-10 NMSA 1978] shall be so interpreted and construed as not to be considered the taking of private property or the control of private property without due process of law; nor disturbing the owner in control or use of his land for lawful purposes; nor restricting his right to dispose thereof; but as a declaration by the legislature that its use for the purpose herein forbidden by rules and regulations promulgated hereunder, is prejudicial to the public interest and an economic loss to the state and an irreparable loss or injury to the producers of pure strains of seeds.
History:
Laws 1933, ch. 174, § 2; 1941 Comp., § 48-1102; 1953 Comp., § 45-12-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-3 - [One-variety zones.]

The regents of the agricultural college of New Mexico [New Mexico state university] are hereby authorized and empowered upon application and hearing as hereinafter provided to designate, outline and specifically delimit areas or zones of agricultural lands within which only one variety or strain of any designated plant or crop, species or nearly related species of plant or crop for the purpose of seed production may be planted, grown or allowed to grow to maturity, or within which any specimen or specimens, beds, plots or fields of another variety or varieties of plants of the same or nearly related species may be allowed to grow to the stage in which buds are developed.
History:
Laws 1933, ch. 174, § 3; 1941 Comp., § 48-1103; 1953 Comp., § 45-12-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the New Mexico college of agriculture and mechanic arts was changed to the New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
83 Am. Jur. 2d Zoning and Planning §§ 389 to 406.
Zoning: construction and application of terms "agricultural," "farm," "farming" or the like, 38 A.L.R.5th 357.
Construction and application of terms "agricultural," "farm," "farming," or the like, in zoning regulations, 38 A.L.R.5th 357.
101 C.J.S. Zoning § 1.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-4 - [Neutral zones.]

The regents of the agricultural college of New Mexico [New Mexico state university] are further authorized and empowered after proper application and hearing to define such zone or zones and to further define neutral zones between such above-mentioned zones, and to provide that within the neutral zones no plant or plants, fields or plots of plants of a given strain, species or variety, may be grown to maturity or to the state in which buds of the said plants are produced. The purpose of such said neutral zone being to avoid the possibility of cross-pollination or mixing and thereby rendering valueless what would otherwise be pure strains of seed, provided that the said regents may at their discretion permit that within such neutral zones varieties, strains or species not related to crops permitted to be grown within prescribed zones may be planted for the purpose of seed production; provided that such varieties or species are of the kind which will not cross-pollinate or otherwise render impure, pure strains grown in adjoining zones as defined by the said regents.
History:
Laws 1933, ch. 174, § 4; 1941 Comp., § 48-1104; 1953 Comp., § 45-12-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the New Mexico college of agriculture and mechanic arts was changed to the New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
83 Am. Jur. 2d Zoning and Planning §§ 389 to 406.
101 C.J.S. Zoning § 1.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-5 - [Pure strain zones and neutral zones.]

The regents of the agricultural college of New Mexico [New Mexico state university] shall upon petition of farmers or growers or those who intend to plant or grow crops for the purpose of producing pure strains of seeds and after public hearing of said petition designate, outline and delimit zones within which only one strain, variety or species of such crop may be grown, and to [sic] give public notice thereof. The said regents are also hereby authorized and empowered to designate and delimit neutral zones on either side of said plant production zones within which neutral zones no plant or plants, plots or fields of the same or nearly related strains, varieties or species of the said crop shall be permitted to be grown to the stage in which buds are produced.
History:
Laws 1933, ch. 174, § 5; 1941 Comp., § 48-1105; 1953 Comp., § 45-12-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the New Mexico college of agriculture and mechanic arts was changed to the New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
83 Am. Jur. 2d Zoning and Planning §§ 389 to 406.
101 C.J.S. Zoning § 1.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-6 - [Production of plants other than one strain or variety designated.]

It shall be unlawful for any person or persons, firm, corporation or agency to plant within any zone designated and delimited by the said regents or in any neutral zone designated and delimited by the said regents, any strain, variety or species of plants forbidden to be grown in the said neutral zone and allow the same to grow to the stage in which buds are produced; provided that the regents shall prescribe the one strain or variety which may be grown within a designated zone or neutral zone and which may be allowed to grow to maturity for the purpose of the production of pure strains of seed.
History:
Laws 1933, ch. 174, § 6; 1941 Comp., § 48-1106; 1953 Comp., § 45-12-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-7 - [Production of plants other than pure strain designated.]

It shall be unlawful for any person, individual, copartnership, association, firm or corporation or agent or employee thereof to permit to grow within a neutral zone or within a prescribed zone any variety or strain or species of plant forbidden by the regulations of the said regents to that stage of maturity in which buds are produced, whether the said plants are planted or have been allowed to grow as volunteer plants or plants escaped from cultivation. It shall be the duty of such persons, individuals, copartnerships, association, firm or corporation or agent or employee thereof to destroy any plants whether planted or volunteer the growing of which is forbidden within any zone or neutral zone before the said plants have grown to that stage of maturity at which buds may be produced.
History:
Laws 1933, ch. 174, § 7; 1941 Comp., § 48-1107; 1953 Comp., § 45-12-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-8 - [Petitions; orders; effect.]

The regents of the agricultural college of New Mexico [New Mexico state university] are hereby authorized, empowered and directed when petitioned by one or more growers or prospective growers of any crop intended for the production of pure strains of seed and which crop is subject to contamination by cross-pollination or otherwise mixing so as to cause the seed produced by the crop to be impure, to designate, define and delimit a zone or area within which only the one strain, variety or species may be grown, and if deemed advisable and necessary to protect the grower or growers of such pure strains of seed, the said regents are further authorized, empowered and directed to establish such neutral zones on both sides of the aforesaid designated zone as in the judgment of the said regents may be necessary for the protection of the growers of pure strains of seed; the said regents shall have authority to promulgate orders which shall have the effect of law preventing the growing of any strain, variety or species of seed within the designated zone or within neutral zones which in the judgment of the said regents may be necessary for the protection of said growers of pure seeds and for the protection of said pure strains of seed, and such rules and regulation [regulations] when enacted by the said regents and promulgated or given publicity shall have the full force and effect of the provisions of this act [76-10-1 to 76-10-10 NMSA 1978]; provided that the petition of growers or prospective growers when presented to the regents shall request protection for the growing of a specific strain or variety and that the zone or neutral zones established under authority of this act by the said regents shall in no way interfere with the growing of any crop, or crops, or plants which do not in any way endanger the growing of the pure strains of seeds which petitioners propose to grow and for the growing of which petitioners seek protection.
History:
Laws 1933, ch. 174, § 8; 1941 Comp., § 48-1108; 1953 Comp., § 45-12-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the New Mexico college of agriculture and mechanic arts was changed to the New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-9 - [Penalty for violating act or regulations.]

Any person, individual, copartnership, association, firm, corporation, agent or employee who or which shall violate any of the provisions of this act [76-10-1 to 76-10-10 NMSA 1978] or any of the regulations or restrictions promulgated by the regents of the agricultural college of New Mexico [New Mexico state university] under authority of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $50.00 nor more than $500.00 and in addition thereto shall be liable in a civil action for all damage that may be occasioned or caused by a violation of this act or of any of the provisions or regulations or restrictions promulgated by the regents of the agricultural college of New Mexico [New Mexico state university] under authority of this act.
History:
Laws 1933, ch. 174, § 9; 1941 Comp., § 48-1109; 1953 Comp., § 45-12-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the New Mexico college of agriculture and mechanic arts was changed to the New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-10 - [Exemptions.]

That this act [76-10-1 to 76-10-10 NMSA 1978] shall not apply to the planting or growing of crops or plants in the experimental stations or farms conducted by the United States government or the state of New Mexico.
History:
Laws 1933, ch. 174, § 11; 1941 Comp., § 48-1110; 1953 Comp., § 45-12-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Severability.
— Laws 1933, ch. 174, § 10, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-11 - Short title.

This act [76-10-11 to 76-10-22 NMSA 1978] may be cited as the "New Mexico Seed Law."
History:
1953 Comp., § 45-12-20, enacted by Laws 1967, ch. 68, § 1.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-14 - Prohibitions.

A. It is unlawful for any person to sell, offer for sale, expose for sale or to transport for sale any agricultural or vegetable seed within this state:
(1) unless the test to determine the percentage of germination required by Section 2 [76-10-12 NMSA 1978] shall have been completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale or offering for sale or transportation; provided, the board may set a different period if after hearing it is found advisable to do so;
(2) not labeled in accordance with the provisions of this act [76-10-11 to 76-10-22 NMSA 1978], or having a false or misleading labeling;
(3) pertaining to which there has been a false or misleading advertisement;
(4) consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;
(5) consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this act, or in excess of the number declared on the label attached to the container of the seed or associated with the seed;
(6) containing more than two and one-half percent by weight of all weed seeds; and
(7) if any labeling, advertising or other representations subject to this act represents the seed to be certified or registered seed unless:
(a) it has been determined by a seed certifying agency that such seed was produced, processed and packaged, and conforms to standards of purity as to kind or variety, in compliance with rules and regulations of such agency pertaining to such seed; and
(b) the seed bears an official label issued for such seed by a seed certifying agency stating that the seed is certified or registered.
B. It is unlawful for any person within this state:
(1) to detach, alter, deface or destroy any label provided for in this act or the rules and regulations made and promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purpose of this act;
(2) to disseminate any false or misleading advertisements concerning agricultural or vegetable seeds in any manner or by any means;
(3) to hinder or obstruct in any way, any authorized person in the performance of his duties under this act;
(4) to fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order, except with express permission of the enforcing officer, and for the purpose specified thereby;
(5) to use the word "trace" as substitute for any statement which is required; and
(6) to use the word "type" in any labeling in connection with the name of any agricultural seed variety.
History:
1953 Comp., § 45-12-23, enacted by Laws 1967, ch. 68, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 55.
3 C.J.S. Agriculture §§ 65, 66.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-15 - Records.

Each person whose name appears on the label as handling agricultural or vegetable seed subject to this act [76-10-11 to 76-10-22 NMSA 1978] shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled and keep for one year a file sample of each lot of seed after final disposition of said lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the board or its agents during customary business hours.
History:
1953 Comp., § 45-12-24, enacted by Laws 1967, ch. 68, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 55.
3 C.J.S. Agriculture §§ 65 to 67.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 10 - Seeds › Section 76-10-16 - Exemptions.

A. The provisions of Sections 3 and 4 [76-10-13, 76-10-14 NMSA 1978] do not apply:
(1) to seed or grain not intended for sowing purposes;
(2) to seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of said seed bears the statement "seed for processing" and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this act [76-10-11 to 76-10-22 NMSA 1978]; and
(3) to any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, processing or marketing agricultural or vegetable seeds subject to the provisions of this act; and
(4) to seed or grain sold by the grower on his farm as uncleaned, untested and unprocessed.
B. No person shall be subject to the penalties of this act for having sold or offered or exposed for sale agricultural or vegetable seed, which were incorrectly labeled or represented as to kind, variety, type or origin which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice, genuine grower's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.
History:
1953 Comp., § 45-12-25, enacted by Laws 1967, ch. 68, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 55.
3 C.J.S. Agriculture § 65.