2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-5 - Duties and powers of the board.

It shall be the primary function of the board [New Mexico department of agriculture] to determine the critically infested grasshopper and other range pest areas within New Mexico and to formulate and carry out plans for the control of infestation. In the performance of its primary function, the board [department] shall:
A. cooperate with all agencies of the United States, which are interested in the control of grasshoppers and other range pests;
B. coordinate and utilize the available facilities and personnel of the New Mexico college of agriculture and mechanic arts [New Mexico state university] extension service;
C. hire such additional help and facilities as may be necessary to carry out the purpose of this act;
D. buy, rent, lease or otherwise provide and dispose of equipment, materials and supplies necessary to carry out the purpose of this act;
E. adopt rules and regulations consistent with the purpose of this act including:
(1) the method and manner of rendering aid and assistance;
(2) the care, use and preservation of equipment, materials and supplies purchased by the board [New Mexico department of agriculture];
(3) the keeping of accounts and records of the board's [New Mexico department of agriculture] activities; and
(4) a classification of all insects, including grasshoppers, coming within the meaning of the term "range pests";
F. supervise and allocate the expenditures from the "grasshopper and other range pest control fund"; provided, however, all vouchers representing payments from the grasshopper and other range pest control fund shall be signed by the chairman of the grasshopper and other range pest control board [director of the New Mexico department of agriculture]; and
G. compromise, settle or pay just claims arising from negligent operations under the Grasshopper and Other Range Pest Control Act, and prescribe a procedure for the preservation and proof of claims.
History:
1953 Comp., § 45-8-17, enacted by Laws 1957, ch. 212, § 5; 1967, ch. 63, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Section 76-5-4 NMSA 1978 provided that references to the "grasshopper and other range pest control board" means the New Mexico department of agriculture, which is under the control of the board of regents of New Mexico state university, and is administered by a director appointed by that body.
See
N.M. Const., art. XIV, § 1, and 76-1-2 and 76-1-3 NMSA 1978.
The name of the New Mexico college of agriculture and mechanic arts was changed to New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
Cross references.
— For the Grasshopper and Other Range Pest Control Act,
see
76-5-2 NMSA 1978 and notes thereto.
Law reviews.
— For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Resources J. 599 (1967).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 40, 42, 50.
3 C.J.S. Agriculture §§ 19, 20.