reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-7 - Duties of director.

It shall be the duty of the director to:
A. enforce the provisions of this act;
B. maintain custody of the New Mexico standards of weight and measure and of the other standards and equipment entrusted to his care;
C. keep accurate records of all standards of weight and measure;
D. keep and have general supervision over apparatus used to determine weight and measure offered for sale, sold or in use in the state;
E. report annually to the governor of the state, the report to cover all activities carried out under the provisions of Articles 17 and 18 of this Chapter 57 NMSA 1978;
F. test at least once annually all apparatus, weights and measures used in checking the receipt or disbursement of supplies in institutions supported in whole or in part by moneys appropriated by the legislature;
G. inspect and test for accuracy, at least once annually, commercial apparatus, weights and measures used in:
(1) determining the weight, measurement or count of goods and commodities sold or offered for sale on the basis of weight or measure;
(2) computing the basic charge or payment for services rendered on the basis of weight or measure; and
(3) determining weight or measure when a charge is made for such determination; and
H. weigh, measure and inspect, from time to time, packages and amounts of goods and commodities offered for sale, sold or in the process of delivery to determine whether the weight or quantity of the good or commodity is the same as that represented by the terms of the offer or sale.
History:
1953 Comp., § 76-1-34, enacted by Laws 1959, ch. 202, § 7; 1973, ch. 386, § 7.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1959, Chapter 202, which is compiled as 57-17-1, 57-17-5 to 57-17-13, 57-17-15 to 57-17-18 NMSA 1978.
Cross references.
— For inspection of gasoline pumps by director,
see
57-19-30 NMSA 1978.
For checking and calibration stations for measuring capacity of vehicle tank used in transporting petroleum products,
see
57-19-31 NMSA 1978.
For testing and accuracy of meters of public utilities,
see
62-6-20 through 62-6-22 NMSA 1978.
For inspection and certification of scales at livestock sales rings,
see
77-10-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-8 - Powers of the director; police powers; right of entry and stoppage.

To facilitate the performance of his duties and the enforcement of the provisions of this act and the regulations promulgated hereunder, the director, in the performance of his duties, is empowered to:
A. approve for use, and seal or mark with appropriate devices, the weights and measures he finds upon inspection and test to be correct;
B. reject and mark or tag as "recommended for repair" apparatus, weights and measures he finds upon inspection and test to be incorrect, but which in his best judgment are susceptible of satisfactory repair;
C. condemn or seize weights and measures he finds upon inspection to be incorrect, but which in his best judgment are not susceptible of satisfactory repair;
D. arrest by formal warrant a willful violator of the provisions of this act or the regulations promulgated hereunder; and to seize, without formal warrant, for use as evidence, incorrect or unsealed apparatus, weights and measures and packages or goods and commodities, found by him to be sold or offered for sale in violation of law;
E. to enter, without formal warrant, a structure or premises for the purposes of inspection during business hours;
F. conduct investigations to ensure compliance with this act; and
G. issue stop-use, hold and removal orders with respect to any weights and measures commercially used, and stop-sale, hold and removal orders with respect to any packaged commodities or bulk commodities kept, offered or exposed for sale.
History:
1953 Comp., § 76-1-35, enacted by Laws 1959, ch. 202, § 8; 1973, ch. 386, § 8.
ANNOTATIONS
Compiler's notes.
— The term "this act" refers to Laws 1959, Chapter 202, which is compiled as 57-17-1, 57-17-5 to 57-17-13, 57-17-15 to 57-17-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-9 - Duties and powers of inspectors.

When acting under instructions and under the direction of the director, the powers and duties of the inspectors of weights and measures shall be the same as the powers and duties given to and imposed upon the director.
History:
1953 Comp., § 76-1-36, enacted by Laws 1959, ch. 202, § 9; 1973, ch. 386, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
94 C.J.S. Weights and Measures § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-10 - Duty of owner of incorrect apparatus.

An owner or user of apparatus of weight or measure, recommended for repair, shall cause the apparatus to be made correct within a reasonable period specified by the director or an inspector. Except, at the election of the owner or user, the apparatus may be disposed of in a manner specifically authorized by the director. An apparatus of weight or measure which has been recommended for repair shall not be used again for a commercial purpose until it has been made correct, and found to be correct, by the director or an inspector unless otherwise provided for by regulation.
History:
1953 Comp., § 76-1-37, enacted by Laws 1959, ch. 202, § 10; 1973, ch. 386, § 10.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-11 - Methods of sale of commodities; general.

A commodity in liquid form shall be sold only by liquid measure or by weight, and a commodity not in liquid form shall be sold only by weight, by measure of length or area or by count; provided, that the provisions of this section shall not apply to a commodity sold for immediate consumption on the premises of sale, to vegetables sold by the head or bunch, to cotton seed sold to cotton gins or to a commodity when in package or container form standardized by law. The board shall issue such regulations as are required to carry out the provisions of this section.
History:
1953 Comp., § 76-1-38, enacted by Laws 1959, ch. 202, § 11; 1965, ch. 279, § 1; 1973, ch. 386, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity of statute or ordinance requiring commodities to be sold in a specified quantity or weight, 6 A.L.R. 429, 90 A.L.R. 1290.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-12 - Declarations on packages; declarations of unit price on random packages.

A. Except as otherwise provided by law or regulation of the board, a commodity in package form shall bear on the outside of the package a definite, plain and conspicuous declaration of net quantity of the contents in terms of weight, measure or count, and in the case of any package not sold on the premises where packed, the name and place of business of the manufacturer, packer or distributor; and the identity of the commodity in the package, unless the same can easily be identified through the wrapper or container.
B. In addition to the declarations required by this section, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.
History:
1953 Comp., § 76-1-39, enacted by Laws 1959, ch. 202, § 12; 1973, ch. 386, § 12.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity of statute or ordinance as to "containers," 5 A.L.R. 1068, 101 A.L.R. 862.
Construction of statute or ordinance in relation to containers, 35 A.L.R. 782.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-13 - Misleading packages.

No commodity in package form shall be so wrapped, nor be in a container so made, formed or filled as to mislead the purchaser as to the quantity of its contents, and the contents of a container shall not fall below the reasonable standard of fill as may have been prescribed for the commodity by the director.
History:
1953 Comp., § 76-1-40, enacted by Laws 1959, ch. 202, § 13; 1973, ch. 386, § 13.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-14 - Retail sales; regulation of.

The board may by regulation, when it is necessary or desirable for the protection of the public, establish standard quantities, weights and sizes by which specific commodities may be sold at retail. If any specific commodity is regulated in this regard, by another state agency or law, the regulation of that other state agency or law shall control.
History:
1953 Comp., § 76-1-40.1, enacted by Laws 1973, ch. 386, § 14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity of statute or ordinance requiring commodities to be sold in a specified quantity or weight, 6 A.L.R. 429, 90 A.L.R. 1290.
Constitutionality of regulations as to capacity of milk receptacles, 18 A.L.R. 251, 42 A.L.R. 556, 58 A.L.R. 672, 80 A.L.R. 1225, 101 A.L.R. 64, 110 A.L.R. 644, 119 A.L.R. 243, 155 A.L.R. 1383.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-15 - Misrepresentation of price.

Whenever a commodity or service is sold, offered or advertised for sale by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive a purchaser.
History:
1953 Comp., § 76-1-41, enacted by Laws 1959, ch. 202, § 14.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-16 - Hindering or obstructing officers; penalties.

A person who shall hinder or obstruct in any way the director or an inspector, in the performance of his official duties, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars ($20.00) or more than one hundred dollars ($100), or by imprisonment for not more than three months, or by both fine and imprisonment.
History:
1953 Comp., § 76-1-50, enacted by Laws 1959, ch. 202, § 23; 1973, ch. 386, § 15.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-17 - Impersonation of officer; penalties.

A person who shall impersonate, in any manner, the director or an inspector, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for not more than one year, or by both fine and imprisonment.
History:
1953 Comp., § 76-1-52, enacted by Laws 1959, ch. 202, § 25; 1973, ch. 386, § 16.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-19 - Inspection fees.

The board may establish fees to recover the cost of performing services of inspection, testing or calibrating weights, measures and weighing and measuring devices when such services are requested by the person owning or using the weight, measure or device. All fees shall be placed in an account with the business office of New Mexico state university to be used for the enforcement of Articles 17 and 18 of this Chapter 57 NMSA 1978.
History:
1953 Comp., § 76-1-54, enacted by Laws 1973, ch. 386, § 18.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 386, §§ 18, 20 repealed 76-1-54, 1953 Comp. relating to fees for inspecting, testing and sealing weights or measures, and enacted a new section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Weights and Measures § 19.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 17 - Standards of Weights and Measures › Section 57-17-20 - Homemade food items; exemption.

The provisions of Chapter 57, Article 17 NMSA 1978 shall not apply to homemade food items produced or sold pursuant to the Homemade Food Act [25-12-1 to 25-12-5 NMSA 1978].
History:
Laws 2021, ch. 98, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 98, § 9 made Laws 2021, ch. 98, § 8 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-1 - Short title.

This act [57-18-1 to 57-18-26 NMSA 1978] may be cited as the "Weighmaster Act".
History:
1953 Comp., § 76-4-1, enacted by Laws 1973, ch. 236, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Weights and Measures § 20 et seq.
94 C.J.S. Weights and Measures §§ 6, 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-2 - Definitions.

As used in the Weighmaster Act:
A. "weighmaster" means a natural person licensed under the provisions of the Weighmaster Act;
B. "vehicle" means any device by which any property, produce, commodity or article is transported;
C. "director" means the director of the state department of agriculture;
D. "board" means the board of regents of New Mexico state university;
E. "public weighing" means the determination of any weight upon which a sale is based, or upon which a basic charge or payment for services rendered is based, when the person making the weight determination is not a party to, or an agent of the party to, the transaction upon which the weight is based;
F. "third-party weighing" means public weighing; and
G. "weight certificate" means a document in the form of a certificate consecutively numbered and indicating the weight in accordance with the standards of weights and measures set forth in Sections 57-17-1 through 57-17-19 NMSA 1978.
History:
1953 Comp., § 76-4-2, enacted by Laws 1973, ch. 236, § 2; 1977, ch. 89, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-3 - Enforcement; rules and regulations.

The director is authorized to enforce the provisions of the Weighmaster Act. The board shall issue regulations for the enforcement of the Weighmaster Act.
History:
1953 Comp., § 76-4-3, enacted by Laws 1973, ch. 236, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-4 - Qualifications for weighmaster.

A citizen of the United States, who is mature, of good moral character, who has the ability to weigh accurately and to make correct weight certificates, and who has received from the director a weighmaster license, shall be authorized to act as a weighmaster.
History:
1953 Comp., § 76-4-4, enacted by Laws 1973, ch. 236, § 4; 1979, ch. 80, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-5 - License application.

An application for a weighmaster license shall be made upon a form provided by the director. The application shall furnish evidence that the applicant has the qualifications required by Section 4 [57-18-4 NMSA 1978] of the Weighmaster Act.
History:
1953 Comp., § 76-4-5, enacted by Laws 1973, ch. 236, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-6 - Evaluation of qualifications of applicants; records.

The director may promulgate rules for determining the qualifications of the applicant for a weighmaster license. He may pass upon the qualifications of the applicant on the basis of the information supplied in the application, or he may examine the applicant orally or in writing, or both, for the purpose of determining his qualifications. He shall grant the weighmaster license to those applicants who possess the qualifications required by Sections 4 [57-18-4 NMSA 1978] and 6 [this section] of the Weighmaster Act. The director shall keep a record of all applications and of all licenses issued.
History:
1953 Comp., § 76-4-6, enacted by Laws 1973, ch. 236, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-7 - License fees.

The board may establish reasonable fees for weighmaster licenses and deputy weighmaster licenses to assist in carrying out the provisions of the Weighmaster Act. The fees shall not exceed the amount necessary to cover the cost of examination of applicants, issuance of the licenses and making the necessary inspections required under the Weighmaster Act.
History:
1953 Comp., § 76-4-7, enacted by Laws 1973, ch. 236, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-8 - Bond required.

Before any license is issued, except a deputy weighmaster license, the applicant shall execute and deliver to the director a surety bond in the sum of one thousand dollars ($1,000) or other proof of financial responsibility that the board may set by regulation. The bond shall be executed by the applicant as principal and by a corporate surety company qualified and authorized to do business in this state as a surety. The bond shall be conditioned upon the faithful and honest compliance with the provisions of the Weighmaster Act. The bond shall run to the state in favor of every person availing himself of the services and certifications issued by the weighmaster or any of his deputies.
History:
1953 Comp., § 76-4-8, enacted by Laws 1973, ch. 236, § 8; 1977, ch. 89, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-9 - Licenses; period; renewal.

Each weighmaster license shall be issued for a period of one year. Effective date of license shall be determined by the director. The license holder shall file a renewal application with the director prior to the expiration date. Renewal applications shall be in the form prescribed by the director.
History:
1953 Comp., § 76-4-9, enacted by Laws 1973, ch. 236, § 9.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-10 - Licensed weighmaster.

A. A weighmaster license is required of any person who does public weighing or third-party weighing, except as provided in Section 57-18-18 NMSA 1978, or charges a fee for any weight determination.
B. The issuance of a weighmaster license shall not obligate the state to pay to the licensee any compensation for his services as a licensed weighmaster. Each weighmaster shall sign each certificate in indelible markings at the time of issuance as provided for in Section 57-18-12 NMSA 1978.
C. Weighmasters may designate any person under their employ who otherwise complies with the provisions of the Weighmaster Act to act for them as a deputy weighmaster. Licensed weighmasters shall forward to the director the names of persons designated as deputy weighmasters, together with fees as established under the provisions of the Weighmaster Act.
History:
1953 Comp., § 76-4-10, enacted by Laws 1973, ch. 236, § 10; 1977, ch. 89, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-11 - Deputy weighmaster.

Except for the surety bond requirement provided in Section 8 [57-18-8 NMSA 1978] of the Weighmaster Act, the duties, qualifications and responsibilities of the deputy weighmaster shall be the same as those of the weighmaster provided in the Weighmaster Act. The deputy weighmaster shall perform his duties in accordance with the same provisions of the Weighmaster Act applicable to the weighmaster.
History:
1953 Comp., § 76-4-11, enacted by Laws 1973, ch. 236, § 11.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-12 - Weight certificate; required entries; official weights.

The director shall prescribe the form of weight certificates to be used by each weighmaster. The weight certificates shall be consecutively numbered and shall bear, but not be limited to, the following information: the date of issuance, the kind of property, produce, commodity or article weighed, the name of the declared owner or agent of the owner or of the consignee of the material weighed, the accurate weight of the material weighed, the means by which the material was being transported at the time it was weighed and other available information as may be necessary to distinguish or identify the property, produce, commodity or article. The weight certificate, when properly made and signed, is prima facie evidence of the accuracy of the weights shown, which for all purposes shall be considered as official weights if issued under the direct supervision of the director or his agent.
History:
1953 Comp., § 76-4-12, enacted by Laws 1973, ch. 236, § 12; 1977, ch. 89, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-13 - Weight certificate; execution; requirements.

Each weighmaster shall personally determine each weight entered on a weight certificate issued by him. He shall make no entries on a weight certificate issued by some other person except as allowed by regulation. Each weight certificate shall show clearly that weight or weights were actually determined. In any case in which only the gross, the tare or the net weight is determined by the weighmaster, he shall cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weight certificate and both of these were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each weight and the date of each determination.
History:
1953 Comp., § 76-4-13, enacted by Laws 1973, ch. 236, § 13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Weights and Measures §§ 25, 27.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-14 - Scale used.

When making a weight determination as provided for by the Weighmaster Act, a weighmaster shall use a proper weighing device. A proper weighing device is one suitable for weighing the amount and kind of material to be weighed. A proper weighing device is one that has been inspected and approved for use by a weights and measures officer of this state within a period of twelve months immediately preceding the date of the weighing.
History:
1953 Comp., § 76-4-14, enacted by Laws 1973, ch. 236, § 14.
ANNOTATIONS
Cross references.
— For duty of director to inspect and test accuracy of scales annually,
see
57-17-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-15 - Scale used; capacity; platform size; one-draft weighing.

A weighmaster shall not use any scale to weigh a load which exceeds the nominal or rated capacity of the scale. All persons shall be off the vehicle and clear of the scale platform when a weighmaster is weighing the vehicle, except that the driver may remain on the vehicle if so noted on the weight certificate.
History:
1953 Comp., § 76-4-15, enacted by Laws 1973, ch. 236, § 15.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-16 - Copies of weight certificate.

A weighmaster shall keep and preserve for at least one year a legible copy of each weight certificate issued by him. Copies of weight certificates shall be kept open to the inspection by any weights and measures officer of this state.
History:
1953 Comp., § 76-4-16, enacted by Laws 1973, ch. 236, § 16.
ANNOTATIONS
Cross references.
— For director's and his inspector's right of entry and stoppage with respect to scales,
see
57-17-8, 57-17-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-17 - Reciprocal acceptance of weight certificates.

Whenever there is statutory authority in any other state which licenses weighmasters, for the recognition and acceptance of the weight certificates issued by licensed weighmasters of this state, the director of this state is authorized to recognize and accept the weight certificates of the other state.
History:
1953 Comp., § 76-4-17, enacted by Laws 1973, ch. 236, § 17.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-18 - Optional licensing.

The following may, but are not required to, obtain licenses as weighmasters:
A. a weights and measures officer when acting within the scope of his official duties;
B. a person weighing property, produce, commodities or articles that he or his employer is buying or selling;
C. a person weighing property, produce, commodities or articles in conformity with the requirements of federal statutes;
D. retailers weighing or measuring commodities for sale by them in retail stores directly to consumers except weighing bulk lot commodities on vehicle or hopper scales;
E. persons who measure the amount of oil, gas or other fuels for purposes of royalty computation and payment or for other operations of fuel and oil companies and their retail outlets; or
F. producers of agricultural commodities or livestock, weighing commodities produced or purchased by them or by their producer neighbors, when no charge is made for such weighing, or no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based.
History:
1953 Comp., § 76-4-18, enacted by Laws 1973, ch. 236, § 18.
ANNOTATIONS
Cross references.
— For duties and powers of the inspectors of weights and measures,
see
57-17-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-19 - Reweighing.

Duly authorized representatives of the director may at any time require a loaded or unloaded vehicle to proceed to the nearest vehicle scale for the purpose of verifying the gross or tare weight of the vehicle.
History:
1953 Comp., § 76-4-19, enacted by Laws 1973, ch. 236, § 19.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-20 - Livestock sales.

Notwithstanding any other provisions of the Weighmaster Act, livestock shall be weighed by a weighmaster where livestock is sold on the basis of weight at a public salesyard, or by or at any livestock market, market agency or dealer subject to the federal Packers and Stockyards Act.
History:
1953 Comp., § 76-4-20, enacted by Laws 1973, ch. 236, § 20.
ANNOTATIONS
Cross references.
— For the Packers and Stockyards Act,
see
7 U.S.C. § 181 et seq.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-21 - Salvage materials.

Scrap metal and salvage material shall be weighed by a weighmaster where scrap metal and salvage materials are purchased or sold by dealers, brokers or commission merchants on the basis of weight obtained from a vehicle scale.
History:
1953 Comp., § 76-4-21, enacted by Laws 1973, ch. 236, § 21.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-22 - Prohibited acts.

No person shall perform the duties or acts to be performed by a weighmaster under the Weighmaster Act or shall hold himself out as a weighmaster, issue any weight certificate, ticket, memorandum or statement for which a fee is charged, unless he holds a valid license as a weighmaster or a deputy weighmaster.
History:
1953 Comp., § 76-4-22, enacted by Laws 1973, ch. 236, § 22.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Weights and Measures § 25.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-23 - Suspension and revocation of license.

The director is authorized to suspend or revoke the license of any weighmaster or a deputy weighmaster when:
A. he is satisfied, after a hearing upon ten days' notice to the licensee, that the licensee has violated any provision of the Weighmaster Act or any valid regulations of the board affecting licensed weighmasters; or
B. the licensee has been convicted in any court of competent jurisdiction of violating any provision or regulation issued under the Weighmaster Act.
History:
1953 Comp., § 76-4-23, enacted by Laws 1973, ch. 236, § 23.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-24 - Offenses and penalties.

Any person who requests a weighmaster to weigh any property, produce, commodity or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or who issues a weight certificate simulating the weight certificate prescribed in the Weighmaster Act, and who is not a weighmaster, shall be guilty of a misdemeanor. Upon conviction for the first offense, he shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). Upon a second or subsequent conviction, he shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for not less than thirty days nor more than ninety days, or by both the fine and imprisonment.
History:
1953 Comp., § 76-4-24, enacted by Laws 1973, ch. 236, § 24.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-25 - Offenses and penalties; malfeasance.

Any licensed weighmaster or deputy weighmaster who falsifies a weight certificate, or who delegates his authority to any person not licensed as a weighmaster or deputy weighmaster, or who signs a weight certificate with his official signature before performing the act of weighing, shall be guilty of a misdemeanor. Upon conviction he shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), or by imprisonment for not less than thirty days nor more than ninety days, or by both the fine and imprisonment.
History:
1953 Comp., § 76-4-25, enacted by Laws 1973, ch. 236, § 25.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 18 - Weighmasters › Section 57-18-26 - Offenses and penalties; general.

Any person who violates any provision of the Weighmaster Act or any rule or regulation promulgated pursuant thereto for which no specific penalty has been provided shall be guilty of a misdemeanor. Upon conviction he shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
History:
1953 Comp., § 76-4-26, enacted by Laws 1973, ch. 236, § 26.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Weights and Measures § 41.
94 C.J.S. Weights and Measures § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-1 - Repealed.

History:
Laws 1937, ch. 102, § 1; 1941 Comp., § 69-501; 1953 Comp., § 65-6-1; Laws 1973, ch. 117, § 1; 1977, ch. 71, § 1; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-1 NMSA 1978, as enacted by Laws 1937, ch. 102, § 1, relating to definitions of "person", "director" and "board", and persons punishable for violations of act, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-2 - Repealed.

History:
Laws 1937, ch. 102, § 2; 1941 Comp., § 69-502; 1953 Comp., § 65-6-2; Laws 1959, ch. 302, § 1; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-2 NMSA 1978, as enacted by Laws 1937, ch. 102, § 2, relating to deceiving purchasers in regard to product, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-3 - Repealed.

History:
Laws 1937, ch. 102, § 3; 1941 Comp., § 69-503; 1953 Comp., § 65-6-3; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-3 NMSA 1978, as enacted by Laws 1937, ch. 102, § 3, relating to use of pumps or containers for storage or sale of products other than those indicated thereon, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-4 - Repealed.

History:
Laws 1937, ch. 102, § 4; 1941 Comp., § 69-504; 1953 Comp., § 65-6-4; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-4 NMSA 1978, as enacted by Laws 1937, ch. 102, § 4, relating to imitation of design, symbol or trade name, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-5 - Repealed.

History:
Laws 1937, ch. 102, § 5; 1941 Comp., § 69-505; 1953 Comp., § 65-6-5; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-5 NMSA 1978, as enacted by Laws 1937, ch. 102, § 5, relating to adulteration and blending of products sold under different trademarks or trade names, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-6 - Repealed.

History:
Laws 1937, ch. 102, § 6; 1941 Comp., § 69-506; 1953 Comp., § 65-6-6; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-6 NMSA 1978, as enacted by Laws 1937, ch. 102, § 6, relating to adulteration or blending of products sold under same trademark or trade name, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-7 - Repealed.

History:
Laws 1937, ch. 102, § 7; 1941 Comp., § 69-507; 1953 Comp., § 65-6-7; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-7 NMSA 1978, as enacted by Laws 1937, ch. 102, § 7, relating to delivery into any pump or container of products other than those indicated on the container, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-8 - Repealed.

History:
Laws 1937, ch. 102, § 8; 1941 Comp., § 69-508; Laws 1949, ch. 119, § 1; 1953 Comp., § 65-6-8; Laws 1959, ch. 302, § 2; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-8 NMSA 1978, as enacted by Laws 1937, ch. 102, § 8, relating to kerosene specifications, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-9 - Repealed.

History:
Laws 1937, ch. 102, § 9; 1941 Comp., § 69-509; Laws 1949, ch. 119, § 2; 1953 Comp., § 65-6-9; Laws 1959, ch. 302, § 3; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-9 NMSA 1978, as enacted by Laws 1937, ch. 102, § 9, relating to sale of kerosene for domestic use; flash point, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-10 - Repealed.

History:
Laws 1937, ch. 102, § 10; 1941 Comp., § 69-510; 1953 Comp., § 65-6-10; Laws 1959, ch. 302, § 4; 1971, ch. 78, § 1; 1977, ch. 71, § 2; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-10 NMSA 1978, as enacted by Laws 1937, ch. 102, § 10, relating to gasoline specifications, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-11 - Repealed.

History:
Laws 1937, ch. 102, § 11; 1941 Comp., § 69-511; Laws 1951, ch. 178, § 1; 1953 Comp., § 65-6-11; Laws 1959, ch. 302, § 5; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-11 NMSA 1978, as enacted by Laws 1937, ch. 102, § 11, relating to low grade motor fuel, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-12 - Repealed.

History:
1953 Comp., § 65-6-11.1, enacted by Laws 1977, ch. 71, § 3; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-12 NMSA 1978, as enacted by Laws 1977, ch. 71, § 3, relating to standards for lubricating oils, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-13 - Repealed.

History:
1953 Comp., § 65-6-11.2, enacted by Laws 1977, ch. 71, § 4; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-13 NMSA 1978, as enacted by Laws 1977, ch. 71, § 4, relating to labeling, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-14 - Repealed.

History:
Laws 1937, ch. 102, § 12; 1941 Comp., § 69-512; 1953 Comp., § 65-6-19; Laws 1959, ch. 302, § 11; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-14 NMSA 1978, as enacted by Laws 1937, ch. 102, § 12, relating to testing standards, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-15 - Repealed.

History:
Laws 1937, ch. 102, § 13; 1941 Comp., § 69-513; 1953 Comp., § 65-6-20; Laws 1959, ch. 302, § 12; 1973, ch. 117, § 4; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-15 NMSA 1978, as enacted by Laws 1937, ch. 102, § 13, relating to checking stations; inspection of tank trucks, marking, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-16 - Repealed.

History:
Laws 1937, ch. 102, § 14; 1941 Comp., § 69-514; 1953 Comp., § 65-6-21; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-16 NMSA 1978, as enacted by Laws 1937, ch. 102, § 14, relating to scales, measures and measuring devices; standards, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-17 - Repealed.

History:
Laws 1937, ch. 102, § 15; 1941 Comp., § 69-515; 1953 Comp., § 65-6-22; Laws 1973, ch. 117, § 5; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-17 NMSA 1978, as enacted by Laws 1937, ch. 102, § 15, relating to inspection of measuring and dispensing equipment, sealing faulty equipment, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-18 - Repealed.

History:
Laws 1937, ch. 102, § 17; 1941, ch. 160, § 1; 1941 Comp., § 69-516; 1953 Comp., § 65-6-23; Laws 1959, ch. 302, § 13; 1977, ch. 71, § 5; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-18 NMSA 1978, as enacted by Laws 1937, ch. 102, § 17, relating to penalties for violations of Petroleum Products Standards Act, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-19 - Repealed.

History:
1953 Comp., § 65-6-24, enacted by Laws 1971, ch. 78, § 2; 1973, ch. 117, § 6; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-19 NMSA 1978, as enacted by Laws 1971, ch. 78, § 2, relating to short title of the Petroleum Products Standards Act, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-20 - Repealed.

History:
1953 Comp., § 65-6-25, enacted by Laws 1973, ch. 117, § 7; 1977, ch. 71, § 6; 1979, ch. 171, § 1; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-20 NMSA 1978, as enacted by Laws 1973, ch. 117, § 7, relating to administration, inspection fees, regulations, stop-sale and stop-use authority, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-21 - Repealed.

History:
1953 Comp., § 65-6-26, enacted by Laws 1973, ch. 117, § 8; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-21 NMSA 1978, as enacted by Laws 1973, ch. 117, § 8, relating to transfer of records, materials and equipment, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-22 - Repealed.

History:
1953 Comp., § 65-6-27, enacted by Laws 1973, ch. 117, § 9; repealed by Laws 1993, ch. 98, § 14.
ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-22 NMSA 1978, as enacted by Laws 1973, ch. 117, § 9, relating to enjoining a person not complying with the provisions of this act from continuing in business, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-23 - [Oxygenated fuels]; prohibited acts.

No supplier of gasoline shall prohibit or prevent a wholesaler or retailer of gasoline from selling oxygenated fuels at a location owned by the wholesaler or retailer, provided that:
A. a wholesaler or retailer shall not represent any oxygenated fuel as the branded product of the supplier without the consent of the supplier and shall sell and represent such oxygenated fuels in a manner not inconsistent with reasonable and material terms and conditions in any contract with the supplier and in conformity with the provisions of the Petroleum Marketing Practices Act, 15 U.S.C. 2801 et seq. However, no contractual term or condition shall be construed to prohibit or prevent the blending of oxygenates with gasoline by the wholesaler or retailer; and
B. any supplier who furnishes during any month fifty percent or more of its gasoline sold in New Mexico in such manner and form that any oxygenate can be added by the wholesaler or retailer is exempt from the requirements of this section during each such month.
History:
1978 Comp., § 57-19A-1, enacted by Laws 1987, ch. 91, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1988, ch. 15, § 2, effective February 25, 1988, repealed Laws 1987, ch. 91, § 3, which repealed this section effective July 1, 1989.
Although Laws 1987, ch. 91, § 1 codified this section in Article 19A, this section was recompiled in Article 19 as a more logical location.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 98, § 14 repealed 57-19-24 NMSA 1978, as enacted by Laws 1987, ch. 91, § 2, relating to injunctions, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-27 - Definitions.

As used in the Petroleum Products Standards Act:
A. "biodiesel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from agricultural plant oils or animal fats and that meets American society for testing and materials specification for biodiesel fuel, B100, blend stock for distillate fuels;
B. "board" means the board of regents of New Mexico state university;
C. "dealer" means a dealer as defined by the Special Fuels Supplier Tax Act [Chapter 7, Article 16A NMSA 1978];
D. "department" means the New Mexico department of agriculture;
E. "diesel fuel" means any diesel-engine fuel used for the generation of power to propel a motor vehicle;
F. "director" means the director of the New Mexico department of agriculture;
G. "distributor" means a distributor as defined by the Gasoline Tax Act [Chapter 7, Article 13 NMSA 1978];
H. "lubricating oil" means any oil used to lubricate transmissions, gears or axles;
I. "motor fuel" means any liquid product used for the generation of power in an internal combustion engine, excluding liquified petroleum gases and aviation fuels;
J. "motor oil" means oil for use in lubricating internal combustion engines;
K. "person" means any natural person, firm, partnership, association or corporation;
L. "petroleum product" means motor fuel, kerosene, lubricating oil, motor oil, anti-freeze or brake fluid; and
M. "retailer" means any person who sells motor fuel and delivers the motor fuel into the supply tanks of motor vehicles.
History:
Laws 1993, ch. 98, § 3; 2007, ch. 208, § 1.
ANNOTATIONS
Cross references.
— For the department of agriculture,
see
76-1-1 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, added Subsections A and E to provide definitions of "biodiesel" and "diesel fuel".