reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-6 - Disposition of state and county appropriations.

All funds appropriated by Sections 76-2-4 through 76-2-9 NMSA 1978 and by the board of county commissioners under authority of Section 76-2-4 NMSA 1978, shall be paid over to the treasurer of the board of regents of New Mexico state university upon warrant drawn by the secretary of finance and administration, as to state funds, and by the county treasurer as to county funds, and shall be expended under the supervision of the extension service of said university solely for the purposes contemplated by this act [76-2-4 through 76-2-9 NMSA 1978], and the treasurer of the board of regents of New Mexico state university shall file with the secretary of finance and administration copies of all vouchers covering the expenditure of all such moneys appropriated by the state.
History:
Laws 1917 (S.S.), ch. 1, § 3; 1941 Comp., § 48-106; 1953 Comp., § 45-1-6; Laws 1977, ch. 247, § 154.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-7 - [Cooperation between county and New Mexico state university.]

Every such agreement made relating to county demonstration work in agriculture and home economics shall continue in force until the board of county commissioners, or the New Mexico college of agriculture and mechanic arts [New Mexico state university], shall terminate the agreement by notice to the other party or parties, such notice to be in writing delivered at least three months prior to the time fixed for termination of the agreement, and at the expiration of such period of three months, the cooperative relationship between said parties shall cease, unless otherwise agreed upon between the several parties.
History:
Laws 1917 (S.S.), ch. 1, § 4; 1941 Comp., § 48-107; 1953 Comp., § 45-1-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the agricultural college of New Mexico, i.e., the New Mexico college of agriculture and mechanic arts, was changed to New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-8 - [County agents; selection; supervision; duties.]

The county agents to be appointed in pursuance of this act [76-2-4 to 76-2-9 NMSA 1978], shall be selected by the extension service of the New Mexico college of agriculture and mechanic arts [New Mexico state university] and a committee appointed by the boards of county commissioners of the respective counties from nominations made by the extension service of said college. The said county agents shall work under the direction of the extension service of said college and shall devote their entire time to the discharge of their duties under this act. It shall be their duty to demonstrate as far as possible the improved agricultural and home economics practices and systems of farming and homemaking, so far as the same may be applicable to local conditions, which have been developed by the investigations of the United States department of agriculture and the agricultural colleges and the experiment stations; to aid in the organization and direction of agricultural work and homemaking in the several counties; to cooperate with agricultural and home economics clubs and other associations and organizations having for their object the betterment of agriculture and home and rural conditions.
History:
Laws 1917 (S.S.), ch. 1, § 5; 1941 Comp., § 48-108; 1953 Comp., § 45-1-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the agricultural college of New Mexico, i.e., the New Mexico college of agriculture and mechanic arts, was changed to New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
County appropriations optional.
— Although counties are authorized to appropriate for county agricultural agents, it is optional. 1917 Op. Att'y Gen. No. 17-2008.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-9 - [Agent for two or more counties.]

In order to obtain the advantages or to increase the benefits to be derived from the provisions of this act [76-2-4 to 76-2-9 NMSA 1978] any two or more contiguous counties may, subject to the approval of the extension service of the New Mexico college of agriculture and mechanic arts [New Mexico state university], unite in the employment of a county agent or agents under an agreement between the board of county commissioners of each of said counties and the extension service of said college, which agreement shall fix the amount of money to be provided by each county, in which case the funds to be provided by the state, in accordance with the provisions of Section two [76-2-5 NMSA 1978] hereof, shall be available, and shall be paid to the treasurer of said board of regents upon the certificates of said boards of county commissioners, countersigned by said extension director, stating the amounts of monies so provided by said counties, and that such agreement has been executed.
History:
Laws 1917 (S.S.), ch. 1, § 6; 1941 Comp., § 48-109; 1953 Comp., § 45-1-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The name of the agricultural college of New Mexico, i.e., the New Mexico college of agriculture and mechanic arts, was changed to New Mexico state university by N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960.
Compiler's notes.
— Laws 1917 (S.S.), ch. 1, § 7, read: "Because a state of war exists between the United States of America and the Imperial German Government and it is necessary for the successful prosecution of such war that the production and conservation of foods be promoted and encouraged, it is hereby declared that this act is necessary to provide for the public defense."
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-10 - County farm and livestock bureaus.

A. For the purpose of further extending the cooperative work provided in Sections 76-2-1 and 76-2-2 NMSA 1978 and the work provided in Sections 76-2-4 through 76-2-9 NMSA 1978, there may be created in each county a public corporation known as the county farm and livestock bureau.
B. Whenever any number of bona fide farmers and stockmen comprising not less than five percent of the total number of farmers and stockmen within any county, as determined by the last United States decennial census, desire to form an organization for doing extension work in agriculture, home economics and marketing and have held a meeting at which the organization is approved by a majority of those present, application may be made to the secretary of state for incorporation as a nonprofit corporation or association under the provisions of the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978]. When such corporation or association has been effected, it shall be recognized as the official body within the county for carrying on extension work in agriculture and home economics in cooperation with New Mexico state university. When its charter has been issued, the corporation may make regulations and bylaws for its government and the carrying on of its work, not inconsistent with the provisions of this section and Sections 76-2-11 and 76-2-12 NMSA 1978.
C. Any county farm and livestock bureau or other county organization that is now doing extension work in agriculture and home economics in cooperation with New Mexico state university may be incorporated by furnishing satisfactory evidence of compliance with this section to the secretary of state; provided that only one such corporation may be formed in any county.
History:
Laws 1919, ch. 74, § 1; C.S. 1929, § 3-201; 1941 Comp., § 48-110; 1953 Comp., § 45-1-10; Laws 1959, ch. 240, § 1; 1975, ch. 217, § 96; 2013, ch. 75, § 48.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that applications for incorporation of a nonprofit corporation by farmers and stockmen be filed with the secretary of state; in Subsection B, in the first sentence, after "application may be made to the", deleted "state corporation commission" and added "secretary of state"; and in Subsection C, after "with this section to the", deleted "state corporation commission" and added "secretary of state".
Authority over wild horses.
— This chapter does not grant the department or the county farm and livestock bureaus authority to regulate the treatment of wild horses. 1994 Op. Att'y Gen. No. 94-06.
Law reviews.
— For article, "Farmland Preservation Policy and Programs," see 24 Nat. Resources J. 592 (1984).
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-11 - [Appropriations by county commissioners; acceptance of gifts.]

The county commissioners may make appropriations for the support of the county farm and livestock bureau and said bureau shall be authorized to accept same and at its discretion may accept gifts or bequests of funds, real estate or other property to any extent for carrying out the provisions of this act [76-2-10 to 76-2-12 NMSA 1978].
History:
Laws 1919, ch. 74, § 2; C.S. 1929, § 3-202; 1941 Comp., § 48-111; 1953 Comp., § 45-1-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 59.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 2 - Agricultural Extension Service › Section 76-2-12 - [County commissioners to aid in creation of farm and livestock bureau.]

It shall be the duty of boards of county commissioners in the various counties to cooperate with the county agricultural agents and other extension representatives in the creation, as far as possible in each county, of a farm and livestock bureau whose business it shall be to aid farmers and stockmen in every possible way in solving their production and marketing problems.
History:
Laws 1919, ch. 74, § 3; C.S. 1929, § 3-203; 1941 Comp., § 48-112; 1953 Comp., § 45-1-12.
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 3 - County Board of Horticultural Commissioners › Section 76-3-1 - [Petition for board; appointment, qualifications and terms of members.]

It shall be incumbent upon the county commissioners of each county of New Mexico, on petition of ten taxpaying citizens of said county, to select three competent persons, fruit growers or owners of orchards, residents of such county, who shall be known as the county board of horticultural commissioners. The board of county commissioners shall fill any vacancy that may occur in said board by death, resignation or otherwise, and appoint one horticultural commissioner each year, or thereabouts, one month, or thereabouts, previous to the expiration of the term of office of any member of the said county board of horticultural commissioners. Said county board of horticultural commissioners shall serve for a term of three years from date of appointment, except the commissioners first appointed, one of whom shall serve for one year, one of whom for two years and one of whom for three years from date of appointment. The commissioners first appointed shall themselves decide by lot or otherwise, who shall serve for one year, who shall serve for two years and who shall serve for three years, and shall notify the board of county commissioners of the result of their choice.
History:
Laws 1903, ch. 107, § 1; Code 1915, § 2729; C.S. 1929, § 66-101; 1941 Comp., § 48-201; 1953 Comp., § 45-2-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Prior to the 1915 Code, this section began with the language: "Within twenty days after the passage of this act."
Cross references.
— For enforcement of statutes relating to agriculture and horticulture by regents of New Mexico state university,
see
21-8-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 20.
3 C.J.S. Agriculture §§ 15, 16.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-3 - [Expense of abatement; lien; recording claim.]

The expense incurred by the county board of horticultural commissioners in abating the nuisance aforesaid shall become a lien upon the land where such orchards, nurseries, trees or articles are situated and upon such nurseries, orchards, trees or articles and the said county board of horticultural commissioners within ten days after the completion of the work necessary to abate said nuisance as set out, shall file for record, with the county clerk of the county in which said land, nurseries, orchards, trees or articles are situated, a statement of the expense and amount thereof, the name of the owner or reputed owner of the land, nurseries, orchards, trees or articles, and a description of the land, nurseries, orchards, trees or articles to be charged with the lien, sufficient for identification, which claim must be verified by the oath of the officer or representative of the county board of horticultural commissioners under whose direction or supervision the work necessary to the abatement of said nuisance was done.
History:
Laws 1909, ch. 69, § 2; Code 1915, § 2731; C.S. 1929, § 66-103; 1941 Comp., § 48-203; 1953 Comp., § 45-2-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-4 - [Clerk to record lien; fee.]

The clerk must record the claim of lien in the book kept by him for the recording of liens generally, and his fee for recording same shall be included in and be a part of the said lien.
History:
Laws 1909, ch. 69, § 3; Code 1915, § 2732; C.S. 1929, § 66-104; 1941 Comp., § 48-204; 1953 Comp., § 45-2-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-5 - Foreclosure; deficiency judgment.

If said lien is not discharged and paid within sixty days from the date of its filing with the county clerk, the county board of horticultural commissioners shall in its official capacity and name institute suit in the district court for the foreclosure of said lien, and the procedure therefor shall be the same as is provided by law for the foreclosure of a materialman's or mechanic's lien on real estate, and if said property does not bring enough to satisfy said lien claim, a deficiency judgment shall be had against the defendant, upon which execution shall issue. The lien claim herein provided for shall take priority over any mortgage, attachment, other lien or other claim against the premises against which such lien is filed.
History:
Laws 1909, ch. 69, § 4; Code 1915, § 2733; C.S. 1929, § 66-105; Laws 1931, ch. 116, § 2; 1941 Comp., § 48-205; 1953 Comp., § 45-2-5.
ANNOTATIONS
Cross references.
— For materialmen's and mechanics' liens generally,
see
48-2-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-6 - [District attorney's duty.]

The district attorney shall represent the county board of horticultural commissioners in suits for the foreclosure of liens as provided in the preceding sections [76-3-1 to 76-3-5 NMSA 1978] of this chapter.
History:
Laws 1909, ch. 69, § 5; Code 1915, § 2734; C.S. 1929, § 66-106; 1941 Comp., § 48-206; 1953 Comp., § 45-2-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The compilers of the 1915 Code substituted "as provided in the preceding sections of this chapter" for "as above provided" and deleted "and shall receive a fee for his services of ten per cent of the amount received in said suits to be taxed as costs in said suits" at the end of the section.
The words "this chapter" refer to Chapter 54 of the 1915 Code, the provisions of which are presently compiled as 76-3-1 to 76-3-14 and 76-5-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-7 - [District inspectors; quarantine guardian commissions; right of entry.]

The said county board of horticultural commissioners shall have power to divide the county into districts and to appoint a local inspector for each of said districts. The board of county commissioners of each county shall issue commissions as quarantine guardians to the members of said county board of horticultural commissioners, and to the local inspectors thereof. The said quarantine guardians, local inspectors or members of said county boards of horticultural commissioners shall have the authority to enter into any orchard, nursery or place or places where trees or plants are kept and offered for sale, or otherwise, or any house, storeroom, salesroom, depot or any other such place in their jurisdiction, to inspect the same, or any part thereof.
History:
Laws 1903, ch. 107, § 6 [3]; Code 1915, § 2735; C.S. 1929, § 66-107; 1941 Comp., § 48-207; 1953 Comp., § 45-2-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 42, 44, 45.
3 C.J.S. Agriculture §§ 85, 89.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-8 - [Records and reports of board.]

It shall be the duty of said county board of horticultural commissioners to keep a record of their official doings, and to make a report to the board of county commissioners on or before the first day of October of each year, of the condition of the fruit interests in their several districts, what is being done to eradicate insect pests, also to the disinfecting and as to quarantine against insects, pests and diseases, and as to carrying out all laws relative to the greatest good of the fruit interest. Said board of county commissioners shall incorporate so much of said report as may be of general interest in their annual report which they shall make to the governor of the state on or before the first day of December of each year.
History:
Laws 1903, ch. 107, § 7 [4]; Code 1915, § 2736; C.S. 1929, § 66-108; 1941 Comp., § 48-208; 1953 Comp., § 45-2-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-9 - [Compensation of members; inspectors.]

Each member of the county board of horticultural commissioners, and each local inspector, shall be paid for each day actually engaged in the performance of his duties under this chapter, payable out of the county treasury of his county, such compensation as shall be determined by resolution of the board of county commissioners of the county, before entering into the discharge of his or their duties.
History:
Laws 1903, ch. 107, § 8 [5]; Code 1915, § 2737; C.S. 1929, § 66-109; 1941 Comp., § 48-209; 1953 Comp., § 45-2-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
The words "this chapter" were substituted by the compilers of the 1915 Code for "this act" and refer to Chapter 54 of the 1915 Code compiled herein as 76-3-1 to 76-3-14 and 76-5-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-10 - [Removal of inspectors; members of board; monthly reports.]

Said county board of horticultural commissioners shall have power to remove any local inspector who shall fail to perform the duties of his office. If any member of the county board of horticultural commissioners shall fail to perform the duties of his office, as required by this chapter, he may be removed from office by the board of county commissioners, and the vacancy thus formed may be filled by appointment by said board of county commissioners. In addition to the annual report required by Section 76-3-8 NMSA 1978, the county board of horticulture [horticultural] commissioners shall make a monthly report of their doings to the board of county commissioners and the board of county commissioners may withhold warrant for their salary or compensation of said members and inspectors thereof until such time as said report is made.
History:
Laws 1903, ch. 107, § 9 [6]; Code 1915, § 2738; C.S. 1929, § 66-110; 1941 Comp., § 48-210; 1953 Comp., § 45-2-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
The words "this chapter" were substituted by the compilers of the 1915 Code for "this act" and refer to Chapter 54 of the 1915 Code compiled herein as 76-3-1 to 76-3-14 and 76-5-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 17.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-11 - [Donations and bequests; meetings; lecturers; officers of board; bonds.]

The county board of horticultural commissioners may receive, manage, use and hold donations and bequests for promoting the objects of its formation. It shall meet semiannually, and as much oftener and at such places as it may deem expedient, to consult and adopt such measures as may best promote the horticultural industry of the county. It may, but without expense to the county, select and appoint competent and qualified persons to lecture in the county, for the purpose of illustrating practical horticultural topics, and imparting instruction in the methods of culture, pruning, fertilizing and also in the best methods of treating diseases of fruits and fruit trees, cleansing orchards and exterminating insect pests. The county board of horticultural commissioners shall at their first meeting select from among themselves a chairman, a secretary and a treasurer who shall furnish bond to the county commissioners in the sum of five hundred dollars ($500.00) for the faithful discharge of his duties.
History:
Laws 1903, ch. 107, § 10 [7]; Code 1915, § 2739; C.S. 1929, § 66-111; 1941 Comp., § 48-211; 1953 Comp., § 45-2-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-12 - [Chairman's duties and powers.]

The chairman shall preside at all meetings of the board, shall countersign all checks for moneys paid out, and shall sign all contracts to which the county board of horticultural commissioners is a party: provided, the same shall have been approved by the board. He shall have power to call a meeting of the board at any time he deems it necessary, whenever requested by a majority of the board, or when requested in writing by six of the resident fruit growers.
History:
Laws 1903, ch. 107, § 11 [8]; Code 1915, § 2740; C.S. 1929, § 66-112; 1941 Comp., § 48-212; 1953 Comp., § 45-2-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-13 - [Secretary's duties.]

The secretary shall attend all meetings of the board, and preserve records of its proceedings and all its correspondence, collect and preserve such books, pamphlets, periodicals and other documents as may be of interest to the horticulturalist [horticulturist], and to [sic] correspond with agricultural and horticultural societies and colleges and what other persons and bodies as he may be directed by the board. He shall also prepare such reports as are required by the board, and perform such other duties as will pertain to the office.
History:
Laws 1903, ch. 107, § 12 [9]; Code 1915, § 2741; C.S. 1929, § 66-113; 1941 Comp., § 48-213; 1953 Comp., § 45-2-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 3 - County Board of Horticultural Commissioners › Section 76-3-14 - [Treasurer's duties.]

The duties of the treasurer shall be to receive and safely keep all moneys of the board. He shall pay out the same only for bills approved by the board, and shall render a detailed account to the board before the first of October of each year, or as often as may be required by the board, showing the amount of money received by the board and paid out by him. At the expiration of his term of office he shall turn over to his successor in office all moneys, books and papers of the board. He shall give bond in sum as provided for.
History:
Laws 1903, ch. 107, § 13 [10]; Code 1915, § 2742; C.S. 1929, § 66-114; 1941 Comp., § 48-214; 1953 Comp., § 45-2-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1909, ch. 69, § 6, renumbered Laws 1903, ch. 107, §§ 3 to 10 as §§ 6 to 13 of the latter act. The bracketed number in the history line of this section indicates the original section number of the 1903 act.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-1 - Title.

This act [76-4-1 to 76-4-39 (except 76-4-20.1) NMSA 1978] may be cited as the "Pesticide Control Act."
History:
1953 Comp., § 45-25-1, enacted by Laws 1973, ch. 366, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1973, ch. 366, which originally enacted the Pesticide Control Act, is presently compiled as 76-4-1 to 76-4-20, 76-4-21 to 76-4-28, 76-4-30 to 76-4-39 NMSA 1978. Laws 1992, ch. 25, § 1 enacted 76-4-9.1 NMSA 1978 as part of the Pesticide Control Act.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 55.
Exterminator's tort liability for personal injury or death directly resulting from operations, 29 A.L.R.4th 987.
Anticompetitive covenants: aerial spray dust business, 60 A.L.R.4th 965.
Federal pre-emption of state common-law products liability claims pertaining to pesticides, 101 A.L.R. Fed. 887.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-2 - Enforcing agency.

The Pesticide Control Act shall be administered and enforced by the state department of agriculture, under the direction of the board of regents, New Mexico state university.
History:
1953 Comp., § 45-25-2, enacted by Laws 1973, ch. 366, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture §§ 20, 21.
3 C.J.S. Agriculture §§ 8 to 24.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-7 - Experimental use permits.

A. No person shall conduct field tests using a pesticide not registered with the department or a registered pesticide for a use not previously approved in the registration without first having obtained an experimental use permit from the department.
B. Any person may apply to the department for an experimental use permit for a pesticide. The department may issue an experimental use permit if it determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide. The department may refuse to issue an experimental use permit if it determines that issuance of such permit is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
C. Use of a pesticide under an experimental use permit shall be under the supervision of the department and shall be subject to the terms and conditions and be for the period of time prescribed by the department in the permit.
D. The department may revoke any experimental use permit at any time, if it finds that the terms or conditions of the permit are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
History:
1953 Comp., § 45-25-7, enacted by Laws 1973, ch. 366, § 7; 1979, ch. 394, § 2.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-8 - Refusal to register; cancellation; suspension.

A. If it does not appear to the department that the pesticide or device warrants the proposed claims or if the pesticide or device and its labeling and other required material do not comply with the provisions of the Pesticide Control Act or regulations adopted thereunder, the department shall notify the applicant of the manner in which the pesticide, device, labeling or other required material fails to comply with the provisions of the Pesticide Control Act and permit the applicant to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the department may refuse to register the pesticide or device.
B. The department may, when it determines that a pesticide or device or its labeling does not comply with the provisions of the Pesticide Control Act or the regulations adopted thereunder, cancel the registration of a pesticide or device.
C. The department shall, when it determines that a situation exists in which the continued use of a pesticide during the time required for cancellation under the Pesticide Control Act would likely result in unreasonable adverse effects on the environment, suspend on their own motion, the registration or a pesticide or device.
History:
1953 Comp., § 45-25-8, enacted by Laws 1973, ch. 366, § 8.
ANNOTATIONS
Cross references.
— For stop sale, use or removal order,
see
76-4-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 42.
3 C.J.S. Agriculture §§ 98, 100.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-9.1 - State preemption.

Except as otherwise authorized in the Pesticide Control Act, no city, county or other political subdivision of the state and no home rule municipality shall adopt or continue in effect any ordinance, rule, regulation or statute regarding the registration, labeling, distribution, sale, handling, use, application, transportation or disposal of pesticides.
History:
Laws 1992, ch. 25, § 1.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art IV, § 23, was effective on May 20, 1992.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-10 - Sampling and examination of pesticides or devices; residue analysis.

A. The sampling and examination of pesticides or devices shall be made under the direction of the department for the purpose of determining if they comply with the requirements of the Pesticide Control Act.
B. The sampling of land, including agricultural products that are to be consumed by man or animals, may be made by the department to determine if pesticide residues are present that will cause unreasonable adverse effects on the environment or if the residues exceed the tolerance established by the United States environmental protection agency, New Mexico environmental improvement agency [department of environment] or restrictions established by other federal or state regulatory agencies.
History:
1953 Comp., § 45-25-10, enacted by Laws 1973, ch. 366, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The environmental improvement agency was abolished by Laws 1977, ch. 253, § 5. Section 4 of that act established the health and environment department, consisting of several divisions, including the environmental improvement division. Section 14 of that act provided that all references in law to the agency shall be construed to be references to the environmental improvement division. Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 53.
3 C.J.S. Agriculture § 99.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-11 - "Stop sale, use or removal" order.

When the department has reasonable cause to believe a pesticide or device is being distributed, used, stored or transported in violation of any of the provisions of the Pesticide Control Act or regulations adopted pursuant thereto, the department may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of the pesticide or device. If the owner or custodian is not available to receive the order, the department may attach the order to the pesticide or device and notify the registrant. The pesticide or device shall not be distributed, used or removed until the provisions of the Pesticide Control Act have been complied with and the pesticide or device has been released in writing under conditions specified by the department or the alleged violation has been otherwise disposed of as provided in the Pesticide Control Act by a court of competent jurisdiction.
History:
1953 Comp., § 45-25-11, enacted by Laws 1973, ch. 366, § 11.
ANNOTATIONS
Cross references.
— For judicial action after stop sale, use or removal order,
see
76-4-12 NMSA 1978.
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 76-4-12 - Judicial action after "stop sale, use or removal" order.

A. After service of a "stop sale, use or removal" order is made upon any person, that person or the registrant or the department may file an action in a court of competent jurisdiction, in the county in which a violation of the Pesticide Control Act or regulations adopted thereunder is alleged to have occurred, for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions, mandatory or restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device that does not meet the requirements of the Pesticide Control Act or regulations adopted thereunder.
B. If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs. However, the pesticide or device shall not be sold contrary to the provisions of the Pesticide Control Act or regulations adopted thereunder. Upon payment of the costs of the condemnation proceedings and the execution and delivery of a bond as prescribed by the court to assure the pesticide or device shall not be sold or disposed of contrary to the provisions of the Pesticide Control Act or regulations adopted pursuant thereto, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing or otherwise bringing the product into compliance.
C. When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide or device.
History:
1953 Comp., § 45-25-12, enacted by Laws 1973, ch. 366, § 12.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 42.
3 C.J.S. Agriculture § 100.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-13 - Pesticide dealer license.

A. It is unlawful for any person to act in the capacity of a pesticide dealer, or advertise as, or assume to act as a pesticide dealer at any time without first having obtained an annual license from the department. A license shall be required for each location or outlet located within this state from which pesticides are distributed. Any manufacturer, registrant or distributor who has no pesticide dealer outlet licensed within this state and who distributes pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.
B. Application for a license shall be accompanied by the prescribed annual license fee and shall be on a form provided by the department. The application shall include:
(1) the full name and title of the person applying for the license;
(2) the address of each outlet to be licensed;
(3) the principal business address of the applicant;
(4) the name of a person domiciled in this state authorized to receive and accept service of summons and legal notices of all kinds for the applicant; and
(5) any other necessary information prescribed by the department.
C. Provisions of this section shall not apply to a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service when the pesticides are dispensed only through an apparatus used for such pesticide application, or any federal, state or county agency, or municipality which provides pesticides only for its own programs.
D. Each pesticide dealer shall be responsible for the acts of each individual employed by him in the solicitation and sale of pesticides and all claims and recommendations for the use of pesticides. The dealer license shall be subject to denial, suspension or revocation after a hearing for any violation of the Pesticide Control Act or regulations adopted thereunder, whether committed by the dealer or by an officer, agent or employee of the dealer.
History:
1953 Comp., § 45-25-13, enacted by Laws 1973, ch. 366, § 13.
ANNOTATIONS
Cross references.
— For grounds for denial, suspension or revocation of license,
see
76-4-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-14 - Pest management consultant.

No individual shall perform services as a pest management consultant without first obtaining from the department an annual license. Application for a license shall be on a form provided by the department and shall be accompanied by the prescribed fee. Licensed pesticide applicators and operators and employees of federal, state and county agencies, or municipalities, when acting in their official capacities, shall be exempt from this licensing provision.
History:
1953 Comp., § 45-25-14, enacted by Laws 1973, ch. 366, § 14.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-15 - Public pest management consultant.

A "public pest management consultant" means any individual who is employed by a governmental agency or municipality to act as a pest management consultant. No person shall act as a public pest management consultant without first obtaining an annual nonfee license from the department. Application for a license shall be on a form provided by the department. The nonfee license shall be valid only when the consultant is acting in that capacity as an employee of his governmental employer. Federal and state employees whose principal responsibilities are in pesticide research shall be exempt from this licensing provision while acting in their official capacities.
History:
1953 Comp., § 45-25-15, enacted by Laws 1973, ch. 366, § 15.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-16 - Examinations for pest management consultant license.

The department shall require each applicant for a pest management consultant license or a public pest management consultant license to demonstrate the applicant's knowledge of pesticide laws and regulations, pesticide hazards and the safe distribution, use, application and disposal of pesticides by satisfactorily passing a written examination for the classification for which he has applied, prior to issuing his license. The prescribed examination fee shall be paid for the initial examination and other examinations needed to qualify the applicant to perform services as a pest management consultant. The public pest management consultant shall not be required to pay the examination fee and an examination shall be administered upon request.
History:
1953 Comp., § 45-25-16, enacted by Laws 1973, ch. 366, § 16.
2023 New Mexico Statutes › Chapter 76 - Agriculture › Article 4 - Pesticide Control › Section 76-4-17 - Commercial pesticide applicator license.

A. It is unlawful for any person to engage in the business of applying pesticides at any time to land not owned or occupied by him without a commercial pesticide applicator license issued by the department. The commercial pesticide applicator shall pay an annual prescribed fee for each license issued. Should any apparatus fail to pass inspection making it necessary for an additional inspection to be made, the department shall require a prescribed inspection fee. In addition to the required inspection, additional inspections may be made to determine if equipment is properly calibrated and maintained in conformance with the Pesticide Control Act and regulations adopted pursuant thereto.
B. Application for a license shall be on a form provided by the department.
C. The department shall not issue a commercial pesticide applicator license until the applicant has passed an examination to demonstrate his knowledge of how to apply pesticides under the classification or classifications he has applied for, and his knowledge of the nature and effect of pesticides he may apply. The department shall charge the prescribed examination fee for the initial examination and other examinations needed to qualify the applicant to apply pesticides.
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 he has met the provisions of the Pesticide Control Act.
E. The department shall not issue a commercial applicator license if it has been determined that:
(1) the applicant has been convicted within the last five years of a felony involving fraud;
(2) the applicant has had revoked within the last two years a previous license authorized by the Pesticide Control Act;
(3) the applicant has been unable to satisfactorily fulfill the certification requirements; or
(4) [the applicant] has had any pesticide application or a license denied, revoked or suspended in any state in the last five years.
F. All applicants for a commercial applicator license shall meet at least one of the following requirements prior to being issued a license and shall file proof of compliance as specified by the department:
(1) documentation of two years of pesticide application experience in the category or related category for which application is being made; or
(2) documentation of one year of pesticide application experience in the category or related category for which application is being made and not less than twenty college credit hours in biological or agricultural sciences.
History:
1953 Comp., § 45-25-17, enacted by Laws 1973, ch. 366, § 17; 1979, ch. 394 § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For inspection of apparatus,
see
76-4-26 NMSA 1978.
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 76-4-18 - Operator license.

A. It is unlawful for any individual to act as an employee of a commercial pesticide applicator and apply pesticides without having obtained an operator license from the department.
B. The department shall issue an operator license when the applicant has passed an examination to demonstrate his ability to apply pesticides safely and effectively with the type of apparatus and in the classification for which he has applied. The department shall charge the prescribed examination fee for each examination administered.
C. The provisions of this section shall not apply to any individual who is a licensed commercial pesticide applicator.
History:
1953 Comp., § 45-25-18, enacted by Laws 1973, ch. 366, § 18; 1979, ch. 394, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 101.