reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-20 - Viability standards.

Only pest-free, sound and healthy nursery stock stored, offered or displayed under conditions that will maintain its vigor shall be offered for sale or sold. The offering for sale or sale of dead nursery stock or nursery stock so seriously weakened by drying or by excessive heat or cold or nursery stock that has been mechanically or otherwise treated to the extent of concealing its true condition or stock that for any cause is in such a condition that it is unable to grow satisfactorily with reasonable care or stock that may potentially be infested with a plant pest, is a violation of the Plant Protection Act. Florist stock offered for sale must be such that it is pest-free and will maintain its aesthetic value for a reasonable period of time after sale.
History:
1953 Comp., § 45-8-31.1, enacted by Laws 1973, ch. 97, § 9; 2013, ch. 15, § 7.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, prohibited the sale of nursery stock that is infested with a plant pest; in the first sentence, at the beginning of the sentence, after "Only", added "pest-free"; in the second sentence, after "satisfactorily with reasonable care", added "or stock that may potentially be infested with a plant pest"; and in the third sentence, after "sale must be such that it", added "is pest-free and".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades, and Professions § 136.
3 C.J.S. Agriculture § 68.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-21 - Collected plants.

All persons collecting plants for sale must file with the department an application for a collected plants permit. The board may adopt regulations relative to collected plants.
History:
1953 Comp., § 45-8-32, enacted by Laws 1959, ch. 195, § 11; 1973, ch. 97, § 10; 1979, ch. 193, § 5.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-22 - Repealed.

History:
1953 Comp., § 45-8-33, enacted by Laws 1959, ch. 195, § 12; 1973, ch. 97, § 11; 1979, ch. 193, § 6; repealed by Laws 2013, ch. 15, § 10.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 15, § 10 repealed 76-5-22 NMSA 1978, as enacted by Laws 1959, ch. 195, § 12, relating to certificates of inspection on stock brought into the state, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-23 - Transporting within the state.

The department may require a person producing, selling or offering for sale or shipping or transporting any nursery or florist stock within the state to affix or have printed on each package of stock a certification statement as prescribed by the department. When a certification statement is required, it is unlawful for any transportation company, public carrier, commercial truck or other agency engaged in the business of transportation to ship, transport or accept for shipment any package of nursery or florist stock until the required certification statement is attached to the package.
History:
1953 Comp., § 45-8-34, enacted by Laws 1959, ch. 195, § 13; 1973, ch. 97, § 12; 1979, ch. 193, § 7; 2013, ch. 15, § 8.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, permitted the department of agriculture to require persons selling or transporting nursery or florist stock to affix a certification statement to each package of stock; prohibited the transportation of nursery or florist stock without fixing a certification statement to the package when a certification statement is required; in the first sentence, at the beginning of the sentence, deleted "Every" and added "The department may require a", after "stock within the state", deleted "shall have affixed", after "stock within the state to", added "affix", and after "within the state to affix or", added "have"; and in the second sentence, at the beginning of the sentence, added "When a certification statement is required" and after "certification statement is attached", deleted "thereto" and added "to the package".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 90.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-24 - Forms.

It is duty of the department to prescribe all forms to be used in the administration and enforcement of the Plant Protection Act and to compile and furnish a list of all nurseries which have been certified to sell nursery or florist stock within the state and all the persons who have been certified to sell, ship, store or solicit orders for nursery or florist stock within the state.
History:
1953 Comp., § 45-8-35, enacted by Laws 1959, ch. 195, § 14; 1973, ch. 97, § 13; 1979, ch. 193, § 8.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-25 - Powers of board and department.

The department shall enforce the provisions of the Plant Protection Act. The board shall adopt and promulgate such rules as may be necessary for its administration and enforcement. The board may adopt sets of standards and grades for nursery stock and, if it so desires, adopt those standards and grades recommended by an industry-recognized reference, to take any action necessary to ensure that all nursery stock sold in the state meets the standards and grades established and to stop sales of any substandard stock.
History:
1953 Comp., § 45-8-36, enacted by Laws 1959, ch. 195, § 15; 1973, ch. 97, § 14; 2013, ch. 15, § 9.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, authorized the board of regents to adopt standards and grades recommended by an industry-recognized reference; and in the third sentence, after "adopt those standards and grades recommended by", deleted "the American association of nurserymen" and added "an industry-recognized reference".
Violation of rules as punishable offenses.
— Absent a statement in the penalty section that violations of rules promulgated under the section and violations of the act itself would be equally punishable as misdemeanors, the courts found no legislative directive that violations of the rules are punishable as offenses.
State v. Allen
, 1967-NMSC-029, 77 N.M. 433, 423 P.2d 867 (now
see
76-5-28 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 42, 50.
3 C.J.S. Agriculture §§ 19, 20.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-26 - Fees.

A. Fees paid for the licenses, certificates and permits required under the Plant Protection Act shall be set by regulation of the board, but shall not exceed the following amounts:
(1) annual inspection fee of nursery and nursery stock, seventy-five dollars ($75.00) plus two dollars ($2.00) per acre of nursery stock inspected;
(2) annual special inspection fee for person growing only vegetable plants, twenty-five dollars ($25.00);
(3) annual nursery or florist dealer's, landscaper's or agent's license fee, seventy-five dollars ($75.00);
(4) annual special dealer's license for persons who handle only vegetable or cactus plants, twenty-five dollars ($25.00); and
(5) annual fee for collected plants permit, seventy-five dollars ($75.00).
B. If the application for renewal of any annual license, permit or certificate provided for in the Plant Protection Act is not filed prior to the expiration of the prior license, permit or certificate, the fee for such license, permit or certificate shall be double the amount specified in this section. However, this double fee shall not apply if the applicant has not engaged in business subsequent to the expiration of his license, permit or certificate, and furnishes an affidavit certifying to that fact.
C. The board may adopt regulations to exempt a person from the payment of fees.
History:
1953 Comp., § 45-8-36.1, enacted by Laws 1973, ch. 97, § 15; 1979, ch. 193, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades, and Professions §§ 10, 66, 88, 94, 113, 127.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-27 - Fees collected.

All fees collected under the provisions of the Plant Protection Act shall be deposited in the treasury of the New Mexico state university and be expended for the purpose of its administration and enforcement.
History:
1953 Comp., § 45-8-37, enacted by Laws 1959, ch. 195, § 16; 1967, ch. 53, § 10; 1973, ch. 97, § 16.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-28 - Penalties.

Any person violating the provisions of the Plant Protection Act or, after a notice to cease and desist, violating any rule, regulation or order promulgated under the Plant Protection Act, upon conviction thereof shall be guilty of a petty misdemeanor. Each day the person remains in violation constitutes a separate offense. The license of any such person may also be revoked.
History:
1953 Comp., § 45-8-38, enacted by Laws 1959, ch. 195, § 17; 1967, ch. 53, § 11; 1973, ch. 97, § 17.
ANNOTATIONS
Severability.
— Laws 1959, ch. 195, § 19, provided for the severability of the act if any part or application thereof was held invalid.
Violation of rules as punishable offenses.
— Absent a statement in the penalty section that violations of rules promulgated under the section and violations of the act itself would be equally punishable as misdemeanors, the courts found no legislative directive that violations of the rules are punishable as offenses.
State v. Allen
, 1967-NMSC-029, 77 N.M. 433, 423 P.2d 867 (now
see
76-5-28 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades, and Professions §§ 64, 66, 67, 70, 94, 103, 104, 127 to 130.
3 C.J.S. Agriculture § 94.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-1 - Short title.

This act [76-6-1 to 76-6-9 NMSA 1978] may be cited as the "Pest Control Act."
History:
1953 Comp., § 45-8-39, enacted by Laws 1969, ch. 41, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Constitutionality of statutes for protection of vegetation against disease or infection, 70 A.L.R.2d 852.
3 C.J.S. Agriculture § 83.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-2 - Definitions.

As used in the Pest Control Act:
A. "board" means the board of regents of New Mexico state university or any officer or employee to whom authority to act in their stead has been or hereafter may be delegated;
B. "pest" means any insect, disease or other organism of any character causing or capable of causing injury or damage to any plants or parts thereof or any processed, manufactured or other products of plants;
C. "host" means any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle;
D. "infestation" means actually infested or infected with a pest, or so exposed to infestation that it would be reasonable to believe that an infestation exists;
E. "person" means any individual, corporation, company, society, association or other business entity;
F. "move" means to ship, offer for shipment, receive for transportation, carry or otherwise transport, move or allow to be moved;
G. "regulated article" means any article of any character as described in the quarantine carrying or capable of carrying the plant pest against which the quarantine is directed;
H. "certificate" means a document issued or authorized by the board indicating that a regulated article is not contaminated with a pest; and
I. "permit" means a document issued or authorized by the board to provide for the movement of regulated articles to restricted destinations for limited handling, utilization or processing.
History:
1953 Comp., § 45-8-40, enacted by Laws 1969, ch. 41, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-3 - Administration; rules and regulations.

The board shall have the responsibility for the administration of the Pest Control Act. The board may assign functions or delegate any authority provided for in the Pest Control Act to any of its officers or employees; provided, that such functions or authority be exercised under the general supervision of the board. The board shall promulgate all rules and regulations necessary for the efficient execution of the provisions of the Pest Control Act.
History:
1953 Comp., § 45-8-41, enacted by Laws 1969, ch. 41, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 21, 22.
3 C.J.S. Agriculture § 85.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-4 - Voluntary measures.

The board, either independently or in cooperation with counties, cities, towns or other political subdivisions of the state, farmers' associations or similar organizations, individuals, [the] federal government or of [with] other states, is authorized to carry out operations or measures to locate, suppress, control, eradicate or prevent or retard the spread of pests with the consent of the owners of the property involved.
History:
1953 Comp., § 45-8-42, enacted by Laws 1969, ch. 41, § 4.
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 Am. Jur. 2d Agriculture § 58.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-5 - Plant quarantine; authority.

A. The board is authorized to quarantine this state or any portion thereof when they determine that such action is necessary to prevent or retard the spread of a pest within or from this state and to quarantine any other state or portion thereof whenever they determine that a pest exists therein and that such action is necessary to prevent or retard its spread into this state. Before promulgating their determination that a quarantine is necessary, the board shall, after due notice to interested parties, hold a public hearing under such rules as they shall promulgate, at which hearing any interested party may appear and be heard either in person or by attorney; provided, the board may impose a temporary quarantine for a period not to exceed ninety days during which time a public hearing, as provided herein shall be held if it appears that a quarantine for more than the ninety-day period will be necessary to prevent or retard the spread of the pest. The board shall give notice of the establishment of the quarantine in such newspapers in the quarantined area as they may select. The board may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include additional portions of the quarantined area upon publication of a notice to that effect in such newspapers in the quarantined area as they may select or by direct written notice to those concerned.
B. Following establishment of the quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into or through this state contrary to regulations promulgated by the board. Notice of the regulations shall be published in such newspapers in the quarantined area as the board may select.
C. The regulations may restrict the movement of the pest and any regulated articles from the quarantined or regulated area in this state into or through other parts of this state or other states and from the quarantined or regulated area in other states into or through this state and shall impose such inspection, disinfection, certification or permit and other requirements as the board deems necessary to effectuate the purposes of the Pest Control Act.
History:
1953 Comp., § 45-8-43, enacted by Laws 1969, ch. 41, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 43 to 45.
3 C.J.S. Agriculture § 89.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-6 - Abatement and emergency measures authorized.

A. Whenever the board finds any article that is infested or reasonably believed to be infested or a host or pest exists on any premises or is in transit in this state, it may, upon giving notice to the owner or his agent in possession thereof, seize, quarantine, treat or otherwise dispose of the pest, host or article in such manner as the board deems necessary to suppress, control, eradicate or prevent or retard the spread of a pest, or the board may order the owner or agent to so treat or otherwise dispose of the pest, host or article.
B. When the board finds that a continuing threat of the spread of a pest exists, and after appropriate notice, an owner or his agent does not take immediate measures to prevent or retard the spread of the pest, the board may take reasonable emergency action as necessary in accordance with the provisions of the Pest Control Act and regulations of the board. The board may assess an emergency action fee to recover the cost of the emergency action, not to exceed one thousand dollars ($1,000), against the owner of the property that was subject to the board's emergency action.
History:
1953 Comp., § 45-8-44, enacted by Laws 1969, ch. 41, § 6; 1997, ch. 176, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, designated the existing language as Subsection A; added Subsection B; and made stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 49 to 51.
3 C.J.S. Agriculture § 83.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-7 - Inspections authorized; warrants.

A. To effectuate the purposes of the Pest Control Act, the board may, with the consent of the owner or by court order, make reasonable inspection of any premises in this state and any property therein or thereon and may without a warrant stop and inspect, in a reasonable manner, any means of conveyance moving within this state, upon probable cause to believe that it contains or carries any pest, host or other article subject to the Pest Control Act. The board may make any other reasonable inspection of any premises or means of conveyance for which, under the constitution of the United States and the constitution of this state, no warrant is required.
B. The appropriate district courts in this state shall have authority to issue orders for such inspections upon a showing by the board that there is probable cause to believe that there exists in or on the property to be inspected a pest, host or other article subject to the Pest Control Act.
History:
1953 Comp., § 45-8-45, enacted by Laws 1969, ch. 41, § 7.
ANNOTATIONS
Cross references.
— For constitutional provision as to searches and seizures,
see
N.M. Const., art. II, § 10.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 44, 45, 50.
3 C.J.S. Agriculture § 83.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-8 - Cooperation.

A. The board is authorized to cooperate with any agency of the federal government in such operations and measures as they deem necessary to suppress, control, eradicate, prevent or retard the spread of any plant pest. The board is authorized to expend state funds on federal lands.
B. The board is authorized to cooperate with agencies of adjacent states in such operations and measures as they deem necessary to locate, suppress, control, eradicate, prevent or retard the spread of any pest.
History:
1953 Comp., § 45-8-46, enacted by Laws 1969, ch. 41, § 8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 43.
3 C.J.S. Agriculture § 96.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-9 - Penalties.

A. Any person who shall violate any of the provisions of the Pest Control Act, or any rule, regulation or quarantine promulgated by the board, or who shall alter, forge or counterfeit, or use without authority any certificate or permit or other document provided for in the Pest Control Act or in the regulations of the board provided for in the Pest Control Act, shall be deemed guilty of a misdemeanor.
B. Any person who has knowingly moved any regulated article into this state from any quarantined area of any other state, which article has not been treated or handled under provisions of the quarantine and regulations in effect at the point of origin, shall be guilty of a misdemeanor.
History:
1953 Comp., § 45-8-47, enacted by Laws 1969, ch. 41, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 42, 50, 51.
3 C.J.S. Agriculture § 87.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-11 - Cooperation with pest control insurance fund.

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the Pest Control Compact [76-6-10 NMSA 1978].
History:
Laws 1981, ch. 281, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6 - Pest Control › Section 76-6-14 - Applications for assistance.

Within the meaning of Article VI (b) or VIII (a) [of the compact], a request or application for assistance from the insurance fund may be made by the compact administrator for this state, whenever in his judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.
History:
Laws 1981, ch. 281, § 5.
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 6 - Pest Control › Section 76-6-15 - Disposition of money from compact insurance fund.

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state treasury the amount of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.
History:
Laws 1981, ch. 281, § 6.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-1 - Short title.

Chapter 76, Article 6A NMSA 1978 may be cited as the "Cotton Boll Weevil Control Act".
History:
Laws 1996, ch. 77, § 1; 1997, ch. 57, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 76, Article 6A NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-2 - New Mexico department of agriculture.

The Cotton Boll Weevil Control Act is to be administered by the New Mexico department of agriculture, under the direction of the board of regents of New Mexico state university.
History:
Laws 1996, ch. 77, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-3 - Definitions.

As used in the Cotton Boll Weevil Control Act:
A. "board" means the board of regents of New Mexico state university;
B. "cotton boll weevil" means any life stage of the cotton insect Anthonomus grandis Boheman;
C. "cotton boll weevil control committee" means the persons, not less than three nor more than seven, elected by a majority of the cotton producers voting in a designated cotton boll weevil control district;
D. "cotton boll weevil control district" means a designated area duly established under the Cotton Boll Weevil Control Act wherein a program to monitor, suppress or eradicate the cotton boll weevil is administered;
E. "cotton producer" means any person growing five or more acres of cotton plants. For the purposes of the Cotton Boll Weevil Control Act, only one person from any farm, sole proprietorship, corporation, partnership or any other legal business arrangement shall be eligible to vote to establish or dissolve a cotton boll weevil control district;
F. "department" means the New Mexico department of agriculture;
G. "director" means the director of the New Mexico department of agriculture; and
H. "organic cotton producer" means any person growing cotton who is certified by the organic commodity commission [New Mexico department of agriculture] as a producer of organic or transitional cotton.
History:
Laws 1996, ch. 77, § 3; 1997, ch. 57, § 2; 2000, ch. 35, § 1; 2005, ch. 14, § 1; 2005, ch. 18, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2011, ch. 29, § 6 provided that all references to the organic commodity commission be deemed references to the New Mexico department of agriculture.
The 2005 amendment,
effective June 17, 2005, revised the definition of cotton boll weevil control district to add designated areas where a program to monitor the cotton boll weevil is administered.
Laws 2005, ch. 14, § 1 and Laws 2005, ch. 18, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2005, ch. 18, § 1.
See
12-1-8 NMSA 1978.
The 2000 amendment,
effective March 6, 2000, inserted "voting" following "cotton producers" in Subsection C.
The 1997 amendment,
effective June 20, 1997, added Subsection H and made related stylistic changes.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-4 - Duties and powers.

The director shall determine any critically infested or threatened agricultural areas within New Mexico, hold public hearings within the proposed cotton boll weevil control district determined to be critically infested or at risk and provide technical support and advice in the formulation of plans for the monitoring, control or eradication of such infestation.
History:
Laws 1996, ch. 77, § 4; 2005, ch. 14, § 2; 2005, ch. 18, § 2.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added to the duties of the director the duty to provide technical support and advice in the formulation of plans for monitoring cotton boll weevil infestation.
Laws 2005, ch. 14, § 2 and Laws 2005, ch. 18, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2005, ch. 18, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-5 - Cotton boll weevil control committee; duties and powers.

A. A cotton boll weevil control committee shall prescribe control measures for any cotton planted within a cotton boll weevil control district. When prescribing control measures, the cotton boll weevil control committee shall make every effort to adhere to integrated pest management practices, to allow organic cotton producers to choose organic pest management practices that will allow them to maintain their organic certification and to adhere to the management goals of individual cotton producers consistent with the goal of complete eradication of the cotton boll weevil.
B. A cotton boll weevil control committee may adopt regulations to set the method for determining the yield per acre of cotton lands under the control of a cotton producer for purposes of calculating the assessment amount due.
History:
Laws 1996, ch. 77, § 5; 1997, ch. 57, § 3.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, rewrote Subsection A and made minor stylistic changes in Subsection B.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-5.1 - Exemption from Procurement Code and Personnel Act.

Cotton boll weevil control committees are exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The committee members and committee employees are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and shall be provided all insurance and self-insurance coverage provided by the risk management division of the general services department.
History:
Laws 1999, ch. 8, § 3.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 8, § 3 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-6 - Establishment of cotton boll weevil control district.

Any five or more persons producing cotton for which it is proposed to establish a cotton boll weevil control district may file a petition with the department asking that a cotton boll weevil control district be established. The petition shall set forth:
A. a concise statement of the reasons for the establishment of a cotton boll weevil control district;
B. a request that a referendum be held among the cotton producers on the question of the establishment of a cotton boll weevil control district;
C. the name and address of the individual who is authorized to represent the petitioners;
D. the maximum per unit assessment on the cotton acreage or production for which the cotton boll weevil control district is established; and
E. the method of levy and collection of an assessment upon cotton producers for the support of the cotton boll weevil control district.
History:
Laws 1996, ch. 77, § 6.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-7 - Petition filing fee.

The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate.
History:
Laws 1996, ch. 77, § 7.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-8 - Hearings.

Within sixty days after a petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the proposed hearings in areas of the state where the cotton boll weevil is of economic importance. The notices of hearing shall be published in a newspaper of general circulation in the proposed cotton boll weevil control district, and shall be sent directly to the organic commodity commission [New Mexico department of agriculture], at least fourteen days prior to the date of the hearing.
History:
Laws 1996, ch. 77, § 8; 1997, ch. 57, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2011, ch. 29, § 6 provided that all references to the "organic commodity commission" be deemed references to the "New Mexico department of agriculture".
The 1997 amendment,
effective June 20, 1997, deleted "at least fourteen days prior to the date of hearing" following "shall be published" in the second sentence and added "and shall be sent directly to the organic commodity commission, at least fourteen days prior to the date of the hearings" to the end of the second sentence.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-9 - Determination by director.

After the public hearing, the director shall determine, based upon the facts presented and other relevant data available, if there is a need for the creation of a cotton boll weevil control district and if the need is sufficient to justify the holding of a referendum thereon. Subsequent petitions relating to the same locale may not be filed or action taken thereon within one year from the date the director has recorded a determination denying the need for the creation of a cotton boll weevil control district.
History:
Laws 1996, ch. 77, § 9.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-10 - Referendum; cotton boll weevil control districts; cotton boll weevil control committees.

After public hearing, if the director decides there is justification for creating a cotton boll weevil control district, the department shall hold a referendum. When cotton producers who represent sixty-six percent of the cotton acreage within the area threatened with or infested by the cotton boll weevil vote in favor of the establishment of a cotton boll weevil control district, a cotton boll weevil control district shall be created. The cotton producers within a cotton boll weevil control district shall promptly establish, and shall elect not less than three nor more than seven members to, a cotton boll weevil control committee. Cotton boll weevil control committee members shall not receive per diem or compensation for their services. Cotton boll weevil control districts and cotton boll weevil control committees shall cease to exist when the cotton boll weevil control committee and the director determine that all financial and legal obligations have been satisfied.
History:
Laws 1996, ch. 77, § 10; 1999, ch. 8, § 1.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, deleted "local" preceding "cotton boll weevil" in the catchline and throughout the section; in the fourth sentence substituted "Cotton boll weevil control" for "The" at the beginning, in the fifth sentence substituted the language beginning "when the" to the end of the section for "six months after the successful eradication of the agricultural cotton boll weevil, as determined by the director, or at the end of five years from the date of their creation, whichever is sooner", and deleted the last two sentences, relating to petitions and public hearings to extend the termination date of a cotton boll weevil district.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-11 - Cotton boll weevil control committees; additional duties and powers.

A. Cotton boll weevil control committees may:
(1) conduct programs to monitor, suppress or eradicate cotton boll weevils within their cotton boll weevil control districts;
(2) cooperate in the administration of the Cotton Boll Weevil Control Act through the use of state or federal personnel and facilities or both;
(3) contract for services or enter into cooperative agreements;
(4) publish information and conduct seminars on the distribution and control of the cotton boll weevil;
(5) levy and collect a special assessment, based on cotton acreage or cotton yield per acre within the cotton boll weevil control districts; and
(6) borrow money or accept grants, donations or contributions for any purpose consistent with the powers and duties of the cotton boll weevil control committee.
B. Cotton boll weevil control committees shall provide a complete accounting of the funds collected through the special assessment to all participating cotton producers in the cotton boll weevil control districts.
C. The cotton boll weevil control committee shall send notice of the establishment of a cotton boll weevil control district and its defined boundaries to the organic commodity commission [New Mexico department of agriculture] within fourteen days of its establishment.
D. If the cotton boll weevil control district includes certified organic acreage, the cotton boll weevil control committee shall select an organic cotton producer operating within the district, who shall have all the powers of a committee member, to serve on the cotton boll weevil control committee.
History:
Laws 1996, ch. 77, § 11; 1997, ch. 57, § 5; 1999, ch. 8, § 2; 2005, ch. 14, § 3; 2005, ch. 18, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2011, ch. 29, § 6 provided that all references to the organic commodity commission be deemed references to the New Mexico department of agriculture.
The 2005 amendment,
effective June 17, 2005, permitted cotton boll weevil control committees to conduct programs to monitor cotton boll weevils within their districts; and in Subsection D, changed "organic farmer" to "organic cotton producer".
Laws 2005, ch. 14, § 3 and Laws 2005, ch. 18, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2005, ch. 18, § 3.
See
12-1-8 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, added Paragraph A(6).
The 1997 amendment,
effective June 20, 1997, deleted "local" preceding "cotton boll weevil" in the section heading and throughout the section; substituted "districts" for "district" throughout the section; in paragraph A(3), substituted "state, federal or local" for "other agencies, including federal"; and added Subsections C and D.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-11.1 - Organic cotton regulations.

A. Each organic cotton producer within an established cotton boll weevil control district shall notify the cotton boll weevil control committee in writing of the number of acres on which the organic cotton producer intends to plant organic cotton at least thirty days prior to planting.
B. The cotton boll weevil committee shall require all organic producers to pay the assessment established for the cotton boll weevil control district in the same manner as producers of conventionally grown cotton in the cotton boll weevil control district.
C. After crop planting, the cotton boll weevil control committee shall notify an organic cotton producer as to the boll weevil status of his cotton acres, as well as the boll weevil status of surrounding acres, as documented by the committee's normal boll weevil trapping program.
D. The cotton boll weevil control committee shall confer with the organic cotton producer to determine measures that might be taken to attempt to keep all or a portion of the organic cotton producer's cotton acreage below trigger levels for required treatment. If the organic cotton producer chooses to use a nonconventional method, the cotton boll weevil control committee shall pay the costs of the nonconventional method used by the organic cotton producer, provided the costs do not exceed the equivalent costs of conventional control methods. If boll weevil trigger levels are reached on the organic cotton producer's acres and boll weevil migration from outside these acres has been eliminated as a cause of these levels, then the organic cotton producer shall be allowed to harvest these acres, but shall not be allowed to grow cotton on the acreage for one year. If the organic cotton producer chooses to use conventional methods of treatment, the cotton boll weevil committee shall proceed accordingly.
History:
Laws 1997, ch. 57, § 6.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-12 - Agricultural land assessment; enforced collection.

Payment of the special assessment levied by a local cotton boll weevil control committee against a cotton producer shall be due and payable upon the cotton producer's receipt of an assessment statement from the local cotton boll weevil control committee. The committee's statement shall indicate:
A. the total number of acres treated within the cotton boll weevil control district during the control program;
B. the total acres treated, if any, that are under the control of the land user assessed;
C. the total amount of funds expended, or estimated to be spent, in the cotton boll weevil control district for the control program;
D. the total acres and yield per acre of lands under the control of the land user assessed; and
E. the amount assessed against the land user.
History:
Laws 1996, ch. 77, § 12.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-13 - Petition for abolishment of a cotton boll weevil control district.

Any five or more persons producing cotton within a cotton boll weevil control district may file a petition with the department asking that a cotton boll weevil control district be abolished. The petition shall set forth:
A. the name and description of the cotton boll weevil control district to be abolished;
B. a concise statement of the reasons for the abolishment of the cotton boll weevil control district;
C. a request that a referendum be held among the producers of the crop on the question of the abolishment of the cotton boll weevil control district; and
D. the name and address of the individual who is authorized to represent the petitioners.
History:
Laws 1996, ch. 77, § 13.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-14 - Petition filing fee.

The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate.
History:
Laws 1996, ch. 77, § 14.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-15 - Hearings regarding abolishment of a cotton boll weevil control district; notice of hearings.

Within thirty days after the petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the hearing in the affected cotton boll weevil control district. The notice of hearing shall be published at least fourteen days prior to the date of hearing in a newspaper of general circulation in the affected cotton boll weevil control district. After public hearing, if the director decides there is justification for abolishing a cotton boll weevil control district, the department shall hold a referendum. When cotton producers who represent sixty-six percent of the cotton acreage within a cotton boll weevil control district vote in favor of the abolishment of the cotton boll weevil control district, such a cotton boll weevil control district shall be abolished. The local cotton boll weevil control committee shall promptly move to cease expenditures of cotton boll weevil control district funds and make an accounting of funds spent and return remaining funds in accordance with Section 16 [76-6A-16 NMSA 1978] of the Cotton Boll Weevil Control Act.
History:
Laws 1996, ch. 77, § 15.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6A - Cotton Boll Weevil Control › Section 76-6A-16 - Disposition of assessment proceeds.

Funds collected by the local cotton boll weevil control committee are not state funds and are not required to be deposited in the state treasury. A local cotton boll weevil control committee shall deposit all money collected in a state chartered bank or other insured depository. Funds collected by one local cotton boll weevil control committee shall be held separate from funds collected by another local cotton boll weevil control committee. Funds remaining at the termination of a cotton boll weevil control district shall be distributed to cotton producers in proportion to the percentage they contributed during the life of the cotton boll weevil control district.
History:
Laws 1996, ch. 77, § 16.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-1 - Short title.

This act [76-6B-1 to 76-6B-12 NMSA 1978] may be cited as the "Pink Bollworm Control Act".
History:
Laws 2001, ch. 13, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-2 - Definitions.

As used in the Pink Bollworm Control Act:
A. "board" means the board of regents of New Mexico state university;
B. "cotton producer" means any person growing five or more acres of cotton plants. For the purposes of the Pink Bollworm Control Act, only one person from any farm, sole proprietorship, corporation, partnership or any other legal business arrangement shall be eligible to vote to establish or dissolve a pink bollworm control district;
C. "department" means the New Mexico department of agriculture;
D. "director" means the director of the New Mexico department of agriculture;
E. "organic cotton producer" means any person growing cotton who is certified by the organic commodity commission [New Mexico department of agriculture] as a producer of organic or transitional cotton;
F. "pink bollworm" means any life stage of the cotton insect Pectinophora gossypiella;
G. "pink bollworm control committee" means the persons, not less than three nor more than seven, elected by a majority of the cotton producers voting in a designated pink bollworm control district; and
H. "pink bollworm control district" means a designated area duly established under the Pink Bollworm Control Act wherein a program to suppress or eradicate the pink bollworm is administered.
History:
Laws 2001, ch. 13, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2011, ch. 29, § 6 provided that all references to the organic commodity commission be deemed references to the New Mexico department of agriculture.
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-3 - Department administration.

The department shall administer the Pink Bollworm Control Act.
History:
Laws 2001, ch. 13, § 3.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-4 - Exemption from Procurement Code and Personnel Act.

Pink bollworm control committees are exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The committee members and committee employees are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and shall be provided all insurance and self-insurance coverage provided by the risk management division of the general services department.
History:
Laws 2001, ch. 13, § 4.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 6B - Pink Bollworm Control › Section 76-6B-5 - Establishment of pink bollworm control district.

Any five or more persons producing cotton for which it is proposed to establish a pink bollworm control district may file a petition with the department asking that a pink bollworm control district be established. The petition shall set forth:
A. a concise statement of the reasons for the establishment of a pink bollworm control district;
B. a request that a referendum be held among the cotton producers on the question of the establishment of a pink bollworm control district;
C. the name and address of the individual who is authorized to represent the petitioners;
D. the maximum per unit assessment on the cotton acreage or production for which the pink bollworm control district is established; and
E. the method of levy and collection of an assessment upon cotton producers for the support of the pink bollworm control district.
History:
Laws 2001, ch. 13, § 5.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.