reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-19 - Application of act to governmental entities; public applicator's license required.

A. A public applicator shall be subject to the provisions of the Pesticide Control Act and rules adopted pursuant to that act.
B. Public applicators shall be subject to examinations or other licensing provisions as provided in the Pesticide Control Act or by rule promulgated by the board. The department shall issue a limited license without fee to the public applicator who has qualified for the license. The public applicator license shall be valid only when the applicator is acting as an applicator applying pesticides used by federal, state, county or municipal agencies or municipal corporations. Government research personnel shall be exempt from this licensing requirement only when applying general use pesticides to experimental plots.
History:
1953 Comp., § 45-25-19, enacted by Laws 1973, ch. 366, § 19; 1979, ch. 394, § 6; 2009, ch. 101, § 2; 2009, ch. 109, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted "All state agencies, federal agencies and municipal corporations or any other governmental agency", added "A public applicator"; and at the end of the sentence, deleted "thereunder concerning the application of pesticides unless exempt under other sections of the Pesticide Control Act"; and added "pursuant that act"; in Subsection B, after "Public applicators", deleted "for agencies listed in this section"; after "examinations", added "or other licensing provisions"; added "or by rule promulgated by the board; after "applicator applying", deleted "or supervising application of restricted use"; and after "pesticides used by", deleted "such entities"; and added "federal, state, county or municipal agencies or municipal corporations".
Laws 2009, ch. 101, § 2 and Laws 2009, ch. 109, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 109, § 2.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 43.
3 C.J.S. Agriculture § 101.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-20 - Private applicators.

A. No private applicator shall use a restricted use pesticide without first complying with the certification requirements determined by the department as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons.
B. In determining these certification requirements, the board shall take into consideration standards of the United States environmental protection agency. Certification requirements for a private applicator to be certified to use restricted use pesticides may include but shall not be limited to the following:
(1) the applicant shall acknowledge that he understands and will abide by the label precautions by signing a dealer's pesticide register. The register shall include the name and address of the private applicator and other information as prescribed by the department. The dealer shall keep a record of all restricted use pesticides distributed to a private applicator;
(2) the applicant shall obtain a user permit prior to purchase and use of the pesticide. The department may issue restricted use pesticide permits to private applicators who have documented the crops, location and acreage on the permit for the seasonal or temporary period for which their permit is issued. User permits shall only be issued for registered or experimental uses and shall be subject to other limitations as specified by the department. The limitations may include limiting the areas of use, the timing or method of application and limiting the amount of the pesticide to that needed to cover the acreage to be treated;
(3) the applicant shall be required to pass a written examination demonstrating his competency with respect to the use and handling of the pesticide or pesticides covered by his certification prior to purchase and use of the product; and
(4) the applicant shall be required to obtain approval from the department for each application involving a specific risk to the environment. The applicant shall submit to the department an application form for a special review permit. The application shall include detailed information on the intended use, the responsible person in charge and the equipment and conditions under which the pesticide application is to be made. The department in reviewing the application for a special review permit may require additional restrictions such as on-site inspection or supervision.
C. The department shall charge the prescribed fee for each certification.
D. If a private applicator does not qualify, the department shall inform the applicant in writing.
E. Private applicator certification shall be valid for a period of not less than three years, established by the board.
History:
1953 Comp., § 45-25-20, enacted by Laws 1973, ch. 366, § 20; 1979, ch. 394, § 7.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-20.1 - Noncommercial applicator license.

A. A noncommercial applicator shall not use a restricted use or state restricted use pesticide without having a valid current noncommercial applicator license issued by the department for the license use categories and subcategories in which the pesticide application is made.
B. Application for an original or renewal license shall be on a form prescribed by the department. An annual prescribed fee shall be charged for each noncommercial applicator license issued.
C. The department shall not issue a noncommercial applicator license until the applicant has passed a written certification examination to demonstrate to the department the applicant's knowledge of how to apply pesticides under the classifications for which the applicant has applied and the applicant's knowledge of the nature and effect of pesticides the applicant may apply under such classifications.
D. The department shall renew any applicant's license under the classification for which the applicant is certified; provided that the applicant's license is not under a suspension or revocation order and the applicant has complied with the provisions of the Pesticide Control Act.
E. Nothing in this section shall imply the right to apply pesticides for hire without first having obtained a commercial applicator license.
History:
Laws 1979, ch. 394, § 8; 2009, ch. 101, § 3; 2009, ch. 109, § 3.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted the phrase "Any person who is not a private applicator, commercial applicator or public applicator, except a person working under their direct supervision" and added the phrase "A noncommercial applicator".
Laws 2009, ch. 101, § 3 and Laws 2009, ch. 109, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 109, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-21 - Expiration date of licenses.

The board shall set by regulation the expiration date for the annual pesticide registration or any license provided for in the Pesticide Control Act.
History:
1953 Comp., § 45-25-21, enacted by Laws 1973, ch. 366, § 21; 1979, ch. 394, § 9.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 101.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-22 - Fees.

A. Fees for the registration of pesticides, the various licenses, inspection of apparatuses and examination of applicants required by the Pesticide Control Act shall be set by the board not to exceed the amount authorized below:
(1) annual registration fee for eachpesticide or device registered, not more than $150;
(2) annual pesticide dealer license for each location or outlet within the state or, if there is no outlet in the state, for the principal out-of-state location or outlet, not more than $100;
(3) annual pest management consultant license, not more than $100;
(4) annual commercial pesticide applicator license, not more than $100;
(5) annual operator license, not more than $75.00;
(6) annual noncommercial applicator license, not more than $100;
(7) private applicator certification or renewal, not more than $25.00;
(8) additional inspection required to certify each unit of aircraft, ground or manual equipment that fails to pass inspection, not more than $25.00; and
(9) examination fee for each examination needed to qualify the applicant as a pest management consultant, commercial pesticide applicator, noncommercial applicator or operator or any combination thereof, not more than $20.00.
B. If the application for the renewal of a pesticide registration or any annual license provided for in the Pesticide Control Act is not filed prior to the expiration date of the prior registration or license, the fee for renewal of registration or license shall be double the amount specified in this section and shall be paid by the applicant before the renewal registration or license is issued. Any person holding a current valid license may renew the license for the next year without taking an examination unless the department determines that additional knowledge relating to the classification for which the applicant has applied makes a new examination necessary. However, if the license is not renewed within thirty days after expiration, the licensee shall be required to take new certification examinations.
History:
1953 Comp., § 45-25-22, enacted by Laws 1973, ch. 366, § 22; 1979, ch. 394, § 10; 2005, ch. 200, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, increased the registration fees in Subsection A(1) through (7) and (9).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 95.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-24 - Surety bond or insurance required of commercial pesticide applicators.

The department shall not issue a commercial pesticide applicator license until the applicant has furnished evidence of financial responsibility with the department consisting either of a surety bond or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant. However, the surety bond or liability insurance policy need not apply to damages or injury to land being worked upon by the applicant. The department shall not accept a surety bond or liability insurance policy except from authorized insurers or surplus line brokers authorized to do business in the state.
A. The amount of the surety bond or liability insurance as provided for in this section shall be set by the board. The surety bond or liability insurance shall be maintained, at a sum not less than that specified by the board, at all times during the license period. The department shall be notified ten days prior to any reduction made at the request of the applicant or cancellation of the surety bond or liability insurance by the surety or insurer. The department may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount prescribed by the board. If the applicant has not satisfied the requirements of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the department unless the applicant furnishes the department with a surety bond or liability insurance which shall satisfy the amount of the deductible pertaining to all claims that may arise in his application of pesticides.
B. The applicator license shall, whenever the surety bond or insurance policy of the licensee is reduced below the requirements of the Pesticide Control Act and regulations adopted pursuant thereto, be automatically suspended until the surety bond or insurance policy again meets these requirements. The department may retrieve the license plates or decal of the licensee during the period of automatic suspension and return them only when the licensee has furnished the department with written proof that he is again in compliance.
C. Nothing in the Pesticide Control Act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides, even though such use conforms to the rules and regulations of the board.
History:
1953 Comp., § 45-25-24, enacted by Laws 1973, ch. 366, § 24.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 101.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-25 - Damaged person must file report of loss; contents; time of filing; effect of failure to file.

A. Any person suffering a loss or damage resulting from the use or application by others of any pesticide shall file with the department a verified report of loss setting forth, so far as known to the claimant, the following:
(1) the name and address of the claimant;
(2) the type of land alleged to be injured or damaged;
(3) the name of the person applying the pesticide and allegedly responsible;
(4) the name of the owner or occupant of the property for whom the pesticide application was made; and
(5) additional information as requested by the department.
B. The report must be filed within sixty days from the time that the loss or damage becomes known to the claimant. If a growing crop is alleged to have been damaged, the report must be filed prior to harvest of fifty percent of that crop, unless the loss or damage was not then known. The department may prepare a form to be furnished to persons making a report of alleged damages. This form shall contain other requirements as the department deems necessary. The department may, upon receipt of the alleged damage report, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility, of the damages claimed, and furnish copies of the statements as may be requested. The department shall inspect damages whenever possible, and when they determine that the complaint has sufficient merit, they shall make the information available to the person claiming damage and to the person who is alleged to have caused the damage.
C. The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any action.
D. The failure to file the report shall not be a violation of this act. However, if the person failing to file the report is the only one injured from the use or application of a pesticide by others, the department may, when in the public interest, refuse to hold a hearing for the denial, suspension or revocation of a license or permit issued under the Pesticide Control Act until the report is filed.
E. Where damage is alleged to have occurred, the claimant shall permit the department, the licensee and his representatives, such as bondsman or insurer, to observe and examine the lands or nontarget organism alleged to have been damaged. Failure of the claimant to permit the observation and examination of the damaged lands shall automatically bar the claim against the licensee.
History:
1953 Comp., § 45-25-25, enacted by Laws 1973, ch. 366, § 25.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 47.
Infliction of emotional distress: toxic exposure, 6 A.L.R.5th 162.
3 C.J.S. Agriculture § 86.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-26 - Inspection of equipment.

A. The department shall provide for an annual inspection of any equipment used for the application of pesticides by a commercial pesticide applicator and may require repairs or other changes before the equipment is used to apply pesticides. A list of requirements that the equipment shall meet shall be provided by the department.
B. Any piece of equipment which fails inspection shall have affixed to it an out-of-order seal. The equipment shall not be put back into service until it has passed reinspection and the out-of-order seal is removed by the department. A prescribed inspection fee shall be charged for each reinspection.
History:
1953 Comp., § 45-25-26, enacted by Laws 1973, ch. 366, § 26; 1979, ch. 394, § 12.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-27 - License plates or decals for apparatus.

Each licensed apparatus shall be identified by a license plate or decal furnished by the department, at no cost to the licensee. The license plate or decal shall be affixed in a location and manner upon the application apparatus as prescribed by the department.
History:
1953 Comp., § 45-25-27, enacted by Laws 1973, ch. 366, § 27.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-28 - Farmer or rancher exemption.

Except for the use of restricted use pesticides the provisions of the Pesticide Control Act relating to licenses and requirements for their issuance shall not apply to any farmer or rancher owner of a ground or manual apparatus applying pesticides for himself or his farmer or rancher neighbors, when he:
A. operates farm or ranch property and operates and maintains pesticide application equipment primarily for his own use;
B. is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and he does not publicly solicit business as a pesticide applicator; or
C. operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his neighbors.
History:
1953 Comp., § 45-25-28, enacted by Laws 1973, ch. 366, § 28.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-29 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 394, § 15, repealed 76-4-29 NMSA 1978, as enacted by Laws 1973, ch. 366, § 29, relating to the exemption of landscape gardeners from the provisions of the Pesticide Control Act.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-30 - Discarding and storing of pesticides and pesticide containers.

No person shall discard, transport or distribute any pesticide or pesticide container in a manner that may cause injury to humans, vegetation, crops, livestock, wildlife or beneficial insects or pollute any waterway.
History:
1953 Comp., § 45-25-30, enacted by Laws 1973, ch. 366, § 30.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 42.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-31 - Access to public or private premises.

A. For the purpose of carrying out the provisions of the Pesticide Control Act, the department is authorized upon presentation of proper identification and with consent of the owner or by court order, to enter any public or private premises, in order to:
(1) inspect any apparatus subject to the Pesticide Control Act and the premises on which the apparatus is kept or stored;
(2) inspect lands actually or reported to be exposed to pesticides;
(3) inspect storage or disposal areas;
(4) inspect or investigate complaints of injury to humans or land;
(5) sample pesticides being applied or to be applied; or
(6) sample land, including agricultural products, for pesticide residues.
B. If it appears that a pesticide apparatus or device fails to comply with the provisions of the Pesticide Control Act or regulations adopted thereunder, and if the department contemplates instituting proceedings against any person, the department shall cause notice to be given to the person. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to the contemplated proceedings. If thereafter, in the opinion of the department, it appears that the provisions of the Pesticide Control Act or regulations adopted thereunder have been violated by the person, the department shall refer a copy of the results of the analysis or the examination of the pesticide apparatus or device to the district attorney for the county in which the violation occurred. It is the duty of the district attorney to whom any violation of the Pesticide Control Act is reported to cause appropriate proceedings to be instituted and prosecute in a court of competent jurisdiction without delay.
C. Nothing in the Pesticide Control Act shall be construed as requiring the department to report, for prosecution or the institution of condemnation proceedings, minor violations of the Pesticide Control Act when the department believes that the public interest will be best served by a notice of warning in writing.
D. Should the department be denied access to any land where access was sought for the purposes set forth in the Pesticide Control Act, they may apply to any court of competent jurisdiction for a search warrant for the purpose requested.
History:
1953 Comp., § 45-25-31, enacted by Laws 1973, ch. 366, § 31.
ANNOTATIONS
Cross references.
— For inspection of apparatus,
see
76-4-26 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 § 83.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-32 - Classification of licenses.

A. The department may classify licenses to be issued under the Pesticide Control Act. Such classifications may include recommending pesticides to be used in or on land, including but not limited to agricultural crops, ornamentals, structures and noncrop land or to treat regulated products or equipment. If the licensee has a classified license, he shall be limited to practicing within such classification. Each classification shall be subject to separate testing procedures and requirements. No person shall be required to pay an additional license fee if he desires to be licensed in one or all of the license classifications.
B. The department may classify pesticide applicator and operator licenses to be issued under the Pesticide Control Act. the classifications may include, but not be limited to pest control operations, fumigators, ornamental or agricultural pesticide applicators or right-of-way pesticide applicators. Separate classifications may be specified for ground, aerial or manual methods used by any licensee to apply pesticides or to the use of pesticides to control pests. Each classification shall be subject to separate testing procedures and requirements. No person shall be required to pay an additional license fee if the person desires to be licensed in one or all of the license classifications.
History:
1953 Comp., § 45-25-32, enacted by Laws 1973, ch. 366, § 32.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-33 - Records.

A. Any person issued a license or permit under the provisions of the Pesticide Control Act shall keep such records as required by regulation of the board.
B. Commercial pesticide applicators licensed under the provisions of the Pesticide Control Act shall keep such records as prescribed by regulation of the board.
C. The department shall have access to the records at any reasonable time to copy or make copies of the records for the purpose of carrying out the provisions of the Pesticide Control Act. Unless required for the enforcement of the Pesticide Control Act, the information shall be confidential and, if summarized, shall not identify any individual person.
History:
1953 Comp., § 45-25-33, enacted by Laws 1973, ch. 366, § 33.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 95.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-34 - Penalties.

A. Any person violating any provision or requirement of the Pesticide Control Act or regulations adopted by the board pursuant to that act is guilty of a petty misdemeanor.
B. In addition to any other penalties imposed by the Pesticide Control Act, any person who willfully or repeatedly violates any provision of that act may be assessed by the court a civil penalty not to exceed one thousand dollars ($1,000) for each violation.
C. The board may bring an action to enjoin the violation or threatened violation of any provision of the Pesticide Control Act or any regulation made pursuant thereto in a court of competent jurisdiction of the county in which the violation occurs or is about to occur.
D. The department, acting as a law enforcement officer, is authorized to file a criminal complaint in a magistrate court for violations of the Pesticide Control Act or regulations adopted pursuant thereto and shall not be required to pay the docket fee.
History:
1953 Comp., § 45-25-34, enacted by Laws 1973, ch. 366, § 34; 1979, ch. 394, § 13.
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 § 7.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-35 - Persons exempted from certain penalties.

A. The penalties provided for violations of Paragraphs (1) through (5) of Subsection A of Section 5 [76-4-5 NMSA 1978] of the Pesticide Control Act shall not apply to:
(1) any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon request, permit the department to copy all records showing the transactions in and movement of the pesticides or devices;
(2) public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research; or
(3) the manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental use permit issued by the department and by the United States environmental protection agency.
B. No pesticide or device shall be deemed in violation of the Pesticide Control Act when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of the Pesticide Control Act and regulations adopted thereunder shall apply.
History:
1953 Comp., § 45-25-35, enacted by Laws 1973, ch. 366, § 35.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 21, 66.
3 C.J.S. Agriculture § 53.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-36 - Repealed.

History:
1953 Comp., § 45-25-36, enacted by Laws 1973, ch. 366, § 36; 1977, ch. 253, § 49; 1978, ch. 39, § 1; 1979, ch. 394, § 14; 1983, ch. 296, § 29; repealed Laws 2005, ch. 235, § 1.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 235, § 1 repealed 76-4-36 NMSA 1978, as enacted by Laws 1973, ch. 366, § 36, relating to the pesticide advisory board, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-37 - Publication of information.

The department may publish, in the form it deems proper, results of products analyzed, based on official samples as compared with the guaranteed analysis and information concerning the distribution and use of pesticides. Individual distribution and use information shall not be a public record. The department may also publish results of samples analyzed for pesticide residues.
History:
1953 Comp., § 45-25-37, enacted by Laws 1973, ch. 366, § 37.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 95.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-38 - Cooperation.

The department may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, in order to:
A. secure uniformity of regulations;
B. enter into cooperative agreements with the United States environmental protection agency to register pesticides under the authority of the Pesticide Control Act and the federal Environmental Pesticide Control Act;
C. cooperate in the enforcement of the federal Environmental Pesticide Control Act and regulations through the use of state or federal personnel and facilities or both and to implement cooperative enforcement programs including but not limited to the registration of pesticides, collection and analysis of pesticides and devices, inspection of storage facilities and certification of applicators;
D. enter into contracts with other agencies including federal agencies for the purpose of training pesticide dealers, pesticide management consultants, pesticide applicators or operators;
E. publish information and conduct short courses on the storage, transportation, distribution, application, use, registration and disposal of pesticides and devices and environmental implications thereof;
F. enter into contracts for either monitoring pesticides, or analyzing land, including agricultural products that will be consumed by any living organism other than plants, for pesticide residues, or both;
G. prepare and submit a state plan to meet federal certification standards including issuing experimental use permits; and
H. regulate pesticide applicators and operators.
History:
1953 Comp., § 45-25-38, enacted by Laws 1973, ch. 366, § 38.
ANNOTATIONS
Cross references.
— For the federal Environmental Pesticide Control Act,
see
7 U.S.C. § 136 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 22 to 37, 43.
3 C.J.S. Agriculture §§ 25 to 56.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-39 - Disposition of funds.

All moneys received by the department under the provisions of the Pesticide Control Act shall be expended for the purpose of carrying out the provisions of the Pesticide Control Act.
History:
1953 Comp., § 45-25-39, enacted by Laws 1973, ch. 366, § 39.
ANNOTATIONS
Severability.
— Laws 1973, ch. 366, § 43, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-1 - [County commissioners to prohibit importation of "codlin moth" or other worms or insects destructive to fruit.]

Boards of county commissioners in the various counties of this state are authorized and empowered and it is hereby made their duty whenever a petition is presented to them signed by twenty-five fruit growers, owners of orchards and residents of the county, stating in substance that there is danger in the introduction in said county of the "codlin moth," or other worms or insects destructive to fruit by reason of the shipment of apples or other fruits into said county, and when said commissioners upon examination are satisfied of the truth of the petition presented, they may by proclamation prohibit the shipment of fruit into said county by an imposition of a license or other lawful means, which said commissioners may deem best and most effective to accomplish the purpose of this chapter.
History:
Laws 1899, ch. 56, § 1; Code 1915, § 2743; C.S. 1929, § 66-115; 1941 Comp., § 48-804; 1953 Comp., § 45-8-4.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers substituted "chapter" for "act." The former would refer to Chapter 54 of the 1915 Code, the sections of which are now compiled as 76-3-1 to 76-3-14 NMSA 1978, and this section. This was the only operative section in the 1899 act.
Law reviews.
— For article, "An Administrative Procedure Act For New Mexico," see 8 Nat. Resources J. 114 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 85.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-2 - Short title.

This act may be cited as the "Grasshopper and Other Range Pest Control Act."
History:
1953 Comp., § 45-8-13, enacted by Laws 1957, ch. 212, § 1; 1967, ch. 63, § 1.
ANNOTATIONS
Compiler's notes.
— The words "this act" refer to Laws 1957, ch. 212, compiled herein as 76-5-2, 76-5-3, 76-5-5, 76-5-8 to 76-5-10 NMSA 1978.
Constitutionality.
— The grasshopper control program meets the tests which have been established by the supreme court of this state as meeting the requirements of N.M. Const., art. IX, § 14; that is (1) a public purpose is being served; and (2) complete control of the expenditure of the state's contribution rests in a state agency. Therefore, the appropriation made by the legislature through house bill no. 193 of the twenty-third regular session of the state legislature and codified as this section and following, is constitutional and is not in violation of N.M. Const., art. IX, § 14. 1959 Op. Att'y Gen. No. 59-92.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-3 - Purpose of act.

It has been determined that areas of New Mexico are endangered by grasshopper and other range pest infestation which would result in the loss of valuable pasturage. The division of plant pest control of the United States department of agriculture has funds available with which to match state moneys appropriated for grasshopper and other range pest control. It is therefore desirable to establish uniform methods of control to protect New Mexico pasturage.
History:
1953 Comp., § 45-8-14, enacted by Laws 1957, ch. 212, § 2; 1967, ch. 63, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 49.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-4 - Definition; transfer.

As used in the Grasshopper and Other Range Pest Control Act, "state grasshopper and other range pest control board," "control board" or "board" means the New Mexico department of agriculture. All property, appropriations, money, powers and duties of the state grasshopper and other range pest control board are hereby transferred to the New Mexico department of agriculture. The department shall administer the act and may secure United State department of agriculture contributions.
History:
1953 Comp., § 45-8-14.1, enacted by Laws 1976, ch. 28, § 1.
ANNOTATIONS
Cross references.
— For the Grasshopper and Other Range Pest Control Act,
see
76-5-2 NMSA 1978 and notes thereto.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 21, 22.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-6 - Land users' consent; control districts; local control committees.

Before expending or obligating moneys from the grasshopper and other range pest control fund, except for the payment of preliminary organizational costs the board [New Mexico department of agriculture] shall consult with the land users within the infested areas proposed to be treated. When fifty-one percent of the land users who represent eighty percent of the land within an infested area agree in writing to the extermination program proposed and further agree in writing to pay one-half of the sum expended by the state in the proposed extermination program for the infested area, a control district shall be created. The land users within a control district shall promptly establish, and shall elect three members to a local control committee. The members of the control committee shall, as nearly as possible, give equal area or geographical representation to the land users within a control district.
History:
1953 Comp., § 45-8-18, enacted by Laws 1957, ch. 212, § 6; 1967, ch. 63, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law. Section 76-5-4 NMSA 1978 provided that references to the "grasshopper and other range pest control board" means the New Mexico department of agriculture.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-7 - Alternative method when disaster area declared.

If the governor declares an area in New Mexico to be a disaster area because an area critically infested by range caterpillars or other range pests is endangering remaining areas of the state, the provisions of Sections 76-5-6 and 76-5-8 NMSA 1978 shall not apply.
History:
1953 Comp., § 45-8-18.1, enacted by Laws 1977, ch. 383, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-8 - Duties and powers of local control committees.

Local control committees shall:
A. cooperate with all federal and state agencies to facilitate the execution of the grasshopper and other range pest extermination program within control districts;
B. levy and collect a special assessment, based on acreage sprayed or baited, against the land users within a control district whose lands have benefited from the extermination program; the special assessment against each land user shall be the sum equal to the land user's ratable share, as defined by proportional acreage treated, of one-half the state moneys expended for the extermination program within the control district;
C. pay over to the state grasshopper and other range pest control board [New Mexico department of agriculture] moneys assessed and collected from land users within a control district; and
D. render a complete report to the state grasshopper and other range pest control board [department] after the completion of the extermination program in the control district.
History:
1953 Comp., § 45-8-19, enacted by Laws 1957, ch. 212, § 7; 1967, ch. 63, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law. Section 76-5-4 NMSA 1978 provided that references to the "grasshopper and other range pest control board" means the New Mexico department of agriculture.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-9 - Special land user's assessment; enforced collection.

Payment of the special assessment levied by a local control committee against a land user shall be due and payable upon the land user's receipt of an assessment statement from the committee. The committee's statements shall indicate:
A. the total number of acres treated within the control district during the extermination program;
B. the total acres treated which are under the control of the land user assessed;
C. the total amount of state funds expended in the control district for the extermination program; and
D. the amount assessed against the land user. Assessments by local control committees shall be subject to the same delinquency period, discounts, penalties and interest as are applied to the collection of ad valorem taxes.
The control committees shall refer a delinquent assessment to a district attorney in the county of the land user's residence. It shall be the duty of the district attorney to sue and obtain judgment, and thereafter to enforce and satisfy the judgment so obtained.
History:
1953 Comp., § 45-8-20, enacted by Laws 1957, ch. 212, § 8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 9.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-10 - Disposition of assessments proceeds.

The control board [New Mexico department of agriculture] shall remit assessment moneys received from local control committees to the state treasurer for the credit of the grasshopper and other range pest control fund; provided, however, the state range pest control board [department] shall credit moneys received from each local control committee to the account of the control district from which the money was received.
History:
1953 Comp., § 45-8-21, enacted by Laws 1957, ch. 212, § 9; 1967, ch. 63, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law. Section 76-5-4 NMSA 1978 provided that references to the "grasshopper and other range pest control board" means the New Mexico department of agriculture.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-11 - Short title.

Sections 76-5-11 through 76-5-28 NMSA 1978 may be cited as the "Plant Protection Act".
History:
1953 Comp., § 45-8-22, enacted by Laws 1959, ch. 195, § 1; 2013, ch. 15, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed "This act" to "Sections 76-5-11 through 76-5-28 NMSA 1978".
Purpose of this act
is to insure that only disease-free nursery products are shipped into New Mexico. In order to accomplish this purpose there is a provision for the inspection of out-of-state nurseries to insure that such nursery is free from diseased plants and shrubs. The fee charged is merely for the purpose of providing means for the enforcement of the act and is not an unreasonable amount. 1956 Op. Att'y Gen. No. 56-6377 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 88.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-13 - Authority to inspect.

The department may inspect any nursery or other place or vehicle that might become infested or infected with plant pests or that may contain from time to time plants so infested or infected. The department may inspect or reinspect any nursery or florist stock within the state and inspect associated documentation. Nursery or florist stock or other plant material not found to meet viability standards as provided in Section 76-5-20 NMSA 1978 may be destroyed or removed from sale or managed in a manner deemed necessary by the department until the conditions are corrected.
History:
1953 Comp., § 45-8-24, enacted by Laws 1959, ch. 195, § 3; 1967, ch. 53, § 2; 1973, ch. 97, § 2; 2013, ch. 15, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, authorized the department of agriculture to inspect documentation associated with nursery and florist stock and to destroy or remove from sale nursery or florist stock that does not meet viability standards; in the second sentence, after "within the state", added "and inspect associated documentation"; and added the last sentence.
Purpose of this act
is to insure that only disease-free nursery products are shipped into New Mexico. In order to accomplish this purpose there is a provision for the inspection of out-of-state nurseries to insure that such nursery is free from diseased plants and shrubs. The fee charged is merely for the purpose of providing means for the enforcement of the act and is not an unreasonable amount. 1956 Op. Att'y Gen. No. 56-6377 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades, and Professions §§ 1, 4, 63 to 66, 69, 70, 72, 87, 88, 90, 94, 97, 99, 113, 120, 122 to 126.
3 C.J.S. Agriculture § 90.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-14 - Inspection before sale.

Every person growing or producing nursery stock for sale in this state shall, before selling, shipping or transporting, or offering for sale, shipment or transportation, any nursery stock so grown or produced, apply for an annual inspection of his nursery and nursery stock. The application for inspection shall be accompanied by the prescribed fee for the payment of such inspections. Persons who grow only vegetable plants for sale may obtain a special certificate for the prescribed fee.
History:
1953 Comp., § 45-8-26, enacted by Laws 1959, ch. 195, § 5; 1967, ch. 53, § 4; 1973, ch. 97, § 3; 1979, ch. 193, § 2.
ANNOTATIONS
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 76-5-15 - Inspection of nurseries.

The department is authorized to inspect all nurseries in the state and all nursery stock grown within the state. If the nursery stock is found to be free of plant pests, an inspection certificate shall be issued certifying that the nursery stock has been inspected and is believed to be free from plant pests. The certificate shall be valid for one license year. If, at any subsequent inspection, the nursery is found to be infested with plant pests, the certificate may be canceled until the conditions are corrected.
History:
1953 Comp., § 45-8-27, enacted by Laws 1959, ch. 195, § 6; 1967, ch. 53, § 5; 1973, ch. 97, § 4; 1979, ch. 193, § 3; 2013, ch. 15, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, expanded the scope of the department of agriculture's authority to inspect nurseries; and in the first sentence, after "The department", deleted "shall make an annual inspection of" and added "is authorized to inspect" and after "stock grown within the state", deleted "before the stock is offered for sale".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 68.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 193, § 10, repealed 76-5-17 and 76-5-18 NMSA 1978, as enacted by Laws 1959, ch. 195, §§ 8 and 9, respectively, relating to the exemption of amateur gardeners from the Plant Protection Act and permits for shipping from out-of-state.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 5 - Insect Pests and Plant Diseases › Section 76-5-19 - Labels.

All nursery stock and collected plants sold or trafficked in the state shall be securely and correctly labeled either as to common or botanical names based on a current and recognized industry reference.
History:
1953 Comp., § 45-8-31, enacted by Laws 1959, ch. 195, § 10; 1967, ch. 53, § 9; 1973, ch. 97, § 8; 2013, ch. 15, § 6.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, generalized the source that may be used for common or botanical names; and after "botanical names", deleted "as recognized by 'Standardized Plant Names' prepared by the American joint committee on horticultural nomenclature or the 'Manual of Cultivated Plants' by L. H. Bailey", and added "based on a current and recognized industry reference".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 55.
3 C.J.S. Agriculture § 90.