reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.9 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The annual fee
				for an inspection certificate shall be seventy-five dollars ($75) plus two
				dollars ($2) per acre, except as provided for in Subsection A of 21.17.2.10
				NMAC.
B. The annual fee for an
				inspection certificate for farmers markets or other grower cooperatives shall
				be seventy-five dollars ($75) per location.
C. The annual license fee for a nursery or
				florist dealer, landscaper or agent shall be seventy-five dollars
				($75).
D. The annual fee for a
				special dealer's license for persons who handle only vegetable or cactus plants
				shall be twenty-five dollars ($25).
E. The annual fee for a special vegetable
				inspection certificate for persons who grow only vegetable plants shall be
				twenty-five dollars ($25).
F. The
				annual fee for a collected plants permit shall be seventy-five dollars
				($75).
G. Double fees required
				because of late renewal of licenses or permits described in Subsections A
				through F of 21.17.2.9 NMAC shall be twice the amount stated for the
				appropriate license or permit.
H.
				Once the appropriate document has been issued by the department, fees collected
				for licenses or permits are non-refundable.
I. Fees for licenses or permits may be paid
				by money order, personal check or cashier's check. Cash may be accepted only at
				the Las Cruces office of the department and only during business hours.
				Businesses or individuals who pay fees with personal checks that are later
				returned to the department because of insufficient funds or accounts closed
				shall make all future payments of fees with money orders, cashier's checks or
				cash. Fees and licenses are not transferable between individuals or businesses
				whether or not the businesses are owned by the same individual.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.10 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A non-profit
				educational, charitable or service organization may be exempt from payment of
				fees for a plant protection license or permit provided the applicant provides
				to the department in writing that:
(1) nursery
				and/or floral stock offered for sale by the organization is grown by its
				members and/or is purchased from a New Mexico certified or licensed nursery or
				florist dealer;
(2) the funds
				received from the sale of such plants shall be used for the benefit of the
				organization or for improvement or beautification projects within the local
				community;
(3) a properly completed
				and signed application for the appropriate license or permit is filed by the
				applicant in addition to written statements described in Paragraphs (1) and (2)
				of Subsection A of 21.17.2.10 NMAC;
(4) an organization meeting the criteria
				described in Paragraphs (1) through (3) of Subsection A of 21.17.2.10 NMAC may
				be exempt from fees for one license or permit for one activity category only.
				Additional licenses or permits and all tags shall be available at the fee
				schedule described in Subsections A through I of 21.17.2.9 NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.11 - LICENSES FOR FARMERS MARKETS AND GROWER COOPERATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Farmers markets and grower cooperatives
				may obtain an inspection certificate whereby registered members of the farmers
				market or grower cooperative may sell plants they have grown on land owned or
				leased by them without obtaining an individual inspection
				certificate.
B. A person selling
				under a farmers market or grower cooperative inspection certificate may only
				sell plants grown by themselves on land owned or leased by them.
C. Persons selling plants which have been
				purchased from a wholesaler or other person for resale shall be required to
				obtain a nursery dealers license in order to sell their plants.
D. The farmers market or grower cooperative
				shall supply the department with a list of registered persons authorized to
				sell plants grown by them at the farmers market or grower
				cooperative.
E. Persons selling
				plants under a farmers market or grower cooperative permit can only sell plants
				at the registered location for the farmers market or growers cooperative. Sales
				at any other location shall require an individual inspection certificate or
				nursery dealers license issued to that individual person or company.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.12 - EFFECTIVE DATE OF APPLICATION AND PAYMENT OF DOUBLE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The effective date of application for
				license and permit renewals by mail shall be the date postmarked on the
				applicant's properly completed application package. Renewal packages postmarked
				September 30 or before may be considered for renewal at single fee rates as
				described in Subsections A through F of 21.17.2.9 NMAC. Renewal packages
				postmarked October 1 or later are considered late; these packages will be
				returned to the applicant along with appropriate paperwork for renewal at
				double fee rates as described in Subsection G of 21.17.2.9 NMAC.
B. The effective date of application for
				license and permit renewals done in person shall be the actual calendar date
				when the properly completed application or renewal package is presented to the
				department. These application or renewal packages may be received by the
				department only during regular business hours.
C. Incomplete or improperly completed
				application or renewal packages will be so identified by the department and
				returned to the applicant for completion or correction. The effective date of
				application shall be the date postmarked on the original envelope for packages
				received by mail; the effective date of application for packages submitted in
				person shall be the actual calendar date the applicant first presents the
				package to the department office. This presentation shall occur during regular
				business hours only.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.13 - USE OF AN AFFIDAVIT TO OBTAIN A PLANT PROTECTION LICENSE OR PERMIT AT SINGLE FEE RATES

Current through Register Vol. 35, No. 13, July 16, 2024
Owners or operators of seasonal businesses may renew their
				  plant protection licenses or permits at single fee rates only if they provide
				  the department with an affidavit stating that they have not engaged in buying,
				  selling, digging or taking orders for florist or nursery stock for at least
				  ninety (90) days following the expiration of their old license or permit. This
				  claim by the businessman shall be verified in writing by the department's
				  inspector. Contradictory evidence obtained by the inspector at any time during
				  the license year shall be cause to require payment of double fees for renewal
				  of all appropriate license categories.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.14 - COLLECTING PLANTS THAT ARE GROWING IN THE WILD ON STATE, FEDERAL, OR PRIVATE LANDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person, prior to collecting plants growing in the wild for sale, shall obtain
				annually a collected plant permit from the department. Application shall be
				made on a form prescribed by the department and shall be accompanied by the
				prescribed fee.
B. Vehicles used to
				transport collected plants for sale by persons holding valid collected plant
				permits shall have the collected plant permit number displayed on both sides of
				the vehicle in letters and numerals not less than three (3) inches high.
(1) The letters and numerals shall be in a
				contrasting color.
(2) The number
				shall be in the following format: CP no. XXXX.
(3) The XXXX is the collected plant permit
				number issued by the department.
(4) The permit number may be on magnetic or
				other removable media, but must be displayed at all times when transporting
				collected plants for sale.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.15 - STORAGE AND DISPLAY OF NURSERY STOCK

Current through Register Vol. 35, No. 13, July 16, 2024
A. Balled and burlapped nursery stock shall
				be maintained by surrounding and covering the earth ball with sawdust, peat,
				shingletow or other moisture-holding material not toxic to plants. Such
				moisture-holding material shall be kept moist at all times.
B. Container nursery stock shall be watered
				sufficiently to maintain the viability and vigor of the stock and shall be kept
				under temperature and light intensity conditions that will permit normal
				growth.
C. Bare-root nursery stock
				shall be kept under conditions of temperature and moisture to retard growth and
				maintain viability. Moisture must be supplied to the root system by high
				humidity conditions in storage or by covering the roots with soil, sawdust,
				peat, shingletow or other moisture-holding material not toxic to plants; such
				moisture-holding material to be kept moist at all times.
D. Prepackaged nursery stock with roots
				packaged in moisture retaining plastic, peat, shingletow or other moisture
				retaining material not toxic to plants must be stored and displayed under
				conditions that will retard etiolated (non-green) or otherwise abnormal growth
				and will insure an adequate supply of moisture to the roots at all
				times.
E. All prepackaged nursery
				stock must have printed on the package the name and address of the packer or
				grower.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.16 - MINIMUM INDICES OF VITALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Woody stemmed deciduous nursery stock such
				as fruit and shade trees, rose bushes and flowering shrubs shall have moist,
				green cambium tissue, in the stem or stems and branches and shall have viable
				buds or normal green, unwilted growth sufficient to permit the stock to live
				and grow in a form characteristic of the species when planted and given
				reasonable care, except that in the cases of rose bushes each stem must show
				moist, green undamaged cambium in at least the first 8 inches above the graft.
				Any single stem on a rose bush not meeting this specification shall disqualify
				the entire plant: provided that a bush may be pruned to comply with the
				specification of at least one stem meeting the specification remains and the
				grade designation is changed accordingly, if sold by grade. No green wax or
				other colored coatings may be used on nursery stock which may conceal harmful
				insects and diseases or conceal the true condition of plants.
B. Hardy herbaceous biennials or perennials
				when in a wilted, rotted or any other such condition indicative of subnormal
				vitality shall not be sold or offered for sale.
C. Any bare-rotted or prepackaged
				woody-stemmed nursery stock having more than 2 inches of etiolated (non-green)
				growth from individual buds shall not be sold or offered for sale.
D. Balled and burlapped nursery stock in a
				weakened condition as evidenced by die-back or dryness of foliage or such stock
				having broken or loose earthballs or earthballs of a size smaller than
				established by the American standard for nursery stock shall not be sold or
				offered for sale.
E. Nursery stock
				on display at sales outlets not meeting the foregoing minimum indices of
				vitality shall be destroyed or removed from public view by the owner or person
				in charge and not offered for sale.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture,
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
				  Telephone No. (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 27 shall apply to all persons transporting regulated
				  articles into and through New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Pest Control Act, Chapter 76, Article 6, Sections 1
				  through 9 NMSA 1978 compilations.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2011, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 27, Chapter 17 is to reduce the risk of
				  introducing Japanese beetle into New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the board of regents of New Mexico state university or any
				officer or employee to whom authority to act in their stead has been or
				hereafter may be delegated.
B.
"Free of soil"
individual soil "clump(s)" less than ½ inch
				in diameter.
C.
"Department"
means the New Mexico department of agriculture.
D.
"Certificate"
an
				authenticated document issued by the department of agriculture affirming
				compliance with quarantine restrictions affecting movements of regulated
				articles, indicating articles are believed to be free of the live quarantine
				pest.
E.
"Infestation"
means actually infested or infected with a pest or so
				exposed to infestation that it would be reasonable to believe that an
				infestation exists.
F.
"Director"
means the director of New Mexico department of
				agriculture.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.8 - JAPANESE BEETLE EXTERIOR QUARANTINE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Pest:
Japanese
				beetle,
Popillia japonica.
B.
Areas under quarantine:
States of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia,
				Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
				Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New
				Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma,
				Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas,
				Vermont, Virginia, West Virginia, and Wisconsin.
C. Any areas not listed in Subsection B of
				21.17.27.8 NMAC where Japanese beetle has been found or areas where Japanese
				beetle is believed to occur shall be included as an area under
				quarantine.
D.
Regulated
				articles:
(1) Japanese beetle in any
				living state of development.
(2)
				Grass and grass sod, regardless of container size.
(3) Nongramineous plants with roots and soil
				or soilless medium attached and growing in
containers that have a horizontal surface area equal to or
				  greater than 113 square inches (i.e. 12 inch diameter pot) or shipped as "ball
				  and burlap" with rootballs equal to or greater than 12 inches in diameter;
				  houseplants grown in the home and not for sale are exempt.
(4) Bulbs, corms, tubers, and rhizomes,
				unless free of soil.
(5) Any other
				product, articles, or means of conveyance of any character whatsoever, not
				covered by this subsection, are regulated articles when it is determined by the
				department that they present a risk of spreading Japanese beetle and the person
				in possession thereof has been so notified.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.11 - DISPOSITION OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to comply with the requirements as stated above shall
				  be a violation of this rule and subject to penalties as provided under Chapter
				  76, Article 6, Section 9, NMSA 1978. The board is granted the authority to
				  direct the disposal, removal, or other means necessary to mitigate the threat
				  of noncompliant regulated articles.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 27 - JAPANESE BEETLE EXTERIOR QUARANTINE › Section 21.17.27.12 - LIABILITY DISCLAIMER

Current through Register Vol. 35, No. 13, July 16, 2024
The board disclaims liability for any costs incident to
				  inspection or compliance with the provisions of this rule.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
MSC 3189, Box 30005, Las Cruces New Mexico 88003-8005,
				  Telephone No. (575) 646-3007.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 28 shall apply to all persons transporting regulated
				  articles into or through New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Pest Control Act, Chapter 76, Article 6, Sections 1
				  through 9, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 8, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 28 of Chapter 17 is to establish an
				  exterior quarantine in order to prevent the introduction of the pecan weevil
				  into New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the regents of New Mexico state university or any
				individual whom authority to act in their stead has been or hereafter may be
				delegated.
B.
"Certificate of
				origin"
means a document issued by the department of agriculture of the
				state of origin that certifies that exported commodities contained in a
				shipment are wholly obtained, produced, manufactured or processed in a
				particular state and county. Certificate shall include name and address of
				grower and consignee, regulated article and amount, date of shipment and lot
				number. Lot number must also be placed on each shipping container or bag to
				correspond with lot numbers on the certificate of origin.
C.
"Compliance agreement"
means
				a document issued or authorized by the department that outlines/identifies
				specific requirements related to the transportation, treatment, handling or
				processes related to regulated articles.
D.
"Department"
means the New
				Mexico department of agriculture and authorized staff.
E.
"Director"
means director
				secretary of New Mexico department of agriculture.
F.
"Infested"
means reasonable
				expectation that regulated articles may harbor pecan weevil.
G.
"Non-compliant"
means
				regulated articles transported into New Mexico that are in violation of the
				requirements set forth in 21.17.28 NMAC.
H.
"Originating"
means produced
				within or having spent sufficient time in a quarantine area to be believed to
				be at risk of being infested.
I.
"Pecan weevil"
means any live developmental stage or synonym of
				curculio caryae (horn) including adult, pupae, larvae, or egg.
J.
"Phytosanitary certificate"
means a document issued or authorized by a state department of agriculture with
				specific declarations to include contact information for pecan owner, shipment
				amount, treatment method, treatment dates, destination contact information, and
				other information deemed relevant by the department. Includes equivalent
				documents issued by a state department of agriculture and addresses completion
				of treatment requirements.
K.
"Regulated article"
means pecan weevil, plant tissue, equipment,
				trailers, or any other item capable of or having a reasonable expectation of
				harboring pecan weevil. Including all varieties of pecan and hickory in-shell
				nuts; sacks used in harvesting, storage, transporting or storing of in-shell
				pecans or hickory nuts; harvesting equipment; live trees or parts thereof with
				soil attached; hulls, husks, and fragments of hull.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.8 - QUARANTINE AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
The following are quarantined areas: All states and
				  districts of the United States except Arizona, California, and El Paso,
				  Hudspeth, Culberson, Jeff Davis and Presidio counties in Texas. The director
				  may make changes to the quarantine status of a state or areas within states by
				  issuing an emergency quarantine, amendment of this rule, or the promulgation of
				  a new quarantine rule.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.9 - RESTRICTION ON REGULATED ARTICLES

Current through Register Vol. 35, No. 13, July 16, 2024
In order to prevent the introduction of the pecan weevil
				  into New Mexico, the board hereby orders and declares the regulated articles
				  herein defined shall not be allowed to move to or through New Mexico from
				  quarantine areas, except under restrictions herein described.
A. Transportation of in-shell nuts of all
				pecan and hickory varieties, hulls, husks, shell fragments, containers
				associated with the harvesting, transportation, or storage of in-shell pecans
				or hickory nuts originating from a quarantine area to or through New Mexico
				shall be allowed as follows:
(1) Accompanied
				by a phytosanitary certificate for each shipment of regulated articles.
				Acceptable treatments are prescribed under Subsections A through C of
				21.17.28.11
				NMAC.
(2) Accompanied by a valid
				compliance agreement issued by the director, regulated articles may be
				transported directly to a facility approved by the director that is capable of
				providing the treatment(s) as defined under Subsections A through C of
				21.17.28.11
				NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.10 - DISPOSITION OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any non-compliant regulated article will be subject to
				  immediate quarantine and expulsion from the state or destruction under
				  parameters set forth by the department, or other method of disposition as
				  directed by the department that serves the best interest of the state. All
				  transportation or disposal of non-compliant regulated articles will be at the
				  expense of the owners, agents or both and performed under the direction of the
				  department. If necessary for the department to incur any cost associated with
				  the disposition of non-compliant regulated articles, the owner, agents or both
				  shall reimburse the department for all costs, including attorney's fees and
				  cost, incurred by the department. Reimbursement to the department is required
				  within 30 days after notification via issuance of invoice requesting payment.
				  If payment is not received within 30 days of notification, the department shall
				  initiate legal action to collect or recuperate actual cost.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.11 - TREATMENT OF REGULATED ARTICLES

Current through Register Vol. 35, No. 13, July 16, 2024
Articles specified in Subsection A of 21.17.28.9 shall be
				  treated using one of the following methods:
A. Storage in an approved cold storage
				chamber at or below zero degrees fahrenheit for a period of seven consecutive
				days (168 hours) after the entire lot reaches zero degrees fahrenheit as
				determined by facility standard operating procedures approved by the
				department; or
B. Storage in an
				approved cold storage chamber at 12.2 degrees fahrenheit for a period of 14
				consecutive days (336 hours) after the entire lot reaches 12.2 degrees
				fahrenheit as determined by facility standard operating procedures approved by
				the department; or
C. Immersion in
				at least 140 degree fahrenheit water for a period of at least five minutes;
				or
D. Other treatment methods may
				be approved under a compliance agreement issued by the director prior to
				shipment into the state.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.12 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Special inspections or other requested services provided by
				  the department will be subject to fees as authorized under Sections 1 through
				  10 of 21.1.2 NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.13 - LIABILITY DISCLAIMER

Current through Register Vol. 35, No. 13, July 16, 2024
The board and the department disclaims liability for any
				  costs incident to inspection, expulsion or disposition of non-compliant
				  regulated articles, or compliance with the provisions of this
				  rule.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 28 - PECAN WEEVIL EXTERIOR QUARANTINE › Section 21.17.28.14 - ADDITIONAL LAWS AND REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All regulated articles are further subject to the provisions
				  of any other law, regulation, or regulatory order of the state of New Mexico,
				  the United States or both now in effect or which may hereafter be
				  promulgated.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
				  Telephone No. (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 29 shall apply to producers and processors of all
				  varieties of peppers in Dona Ana, Sierra and Luna counties within the state of
				  New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Pest Control Act, Chapter 76, Article 6, Sections 1
				  through 9, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 29 of Chapter 17 is to establish
				  cultural control practices for the pepper weevil in order to protect the New
				  Mexico sweet and chile pepper industry from this injurious
				  pest.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.8 - PROCESSING RESIDUES

Current through Register Vol. 35, No. 13, July 16, 2024
All stalks, leaves, fruit, or pods remaining from the
				  processing of any variety of pepper shall not be transported out of the
				  quarantine area.
A. Processing
				residues shall be disposed of within 48 hours of their generation.
B. Disposal of processing residues may be by
				transport to a landfill within the regulated areas, feeding to livestock within
				the regulated area, or by such other method as approved by the director of the
				New Mexico department of agriculture.
C. Processing residues transported for
				livestock feed shall be fed to livestock within 48 hours of receipt unless
				stored according to a method approved by the director.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.9 - TREATMENT OF FIELD RESIDUES

Current through Register Vol. 35, No. 13, July 16, 2024
The following cultural practices shall be performed by
				  February 1, of each year to reduce overwintering populations and prevent
				  increased damage to the subsequent crop:
A. Crop remnants, including any stalks,
				leaves, bolls and seed remaining in the fields shall be disposed of by
				shredding the stalks and turning under all debris by plowing, disking or
				chiseling.
B. All debris left in
				turn rows, on ditch banks, on field roads, and other areas that cannot be
				plowed or disked shall be gathered and burned or scattered over field areas
				that will be plowed or disked.
C.
				Such other cultural control practices as the director may determine from time
				to time as appropriate and necessary.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.10 - DISPOSITION OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to comply with the requirements as stated above shall
				  be in violation of this regulatory order and subject to penalties as provided
				  under Chapter 76, Article 6, Section 9, NMSA 1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 29 - PEPPER WEEVIL INTERIOR QUARANTINE AND PLOW-DOWN › Section 21.17.29.11 - LIABILITY DISCLAIMER

Current through Register Vol. 35, No. 13, July 16, 2024
The board disclaims liability for any costs incident to
				  inspection or compliance with the provisions of 21.17.29
				  NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
				  Telephone No. (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person producing cotton or owning land on which cotton is
				  grown in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Pest Control Act, Chapter 76, Article 6, Sections 1
				  through 9, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 15, 1997, unless a different date is cited at the
				  end of a section or paragraph.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 31, Chapter 17 is to establish a
				  permanent cotton plowdown date to reduce overwintering populations of pink
				  bollworm.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
means the New Mexico department of
				agriculture.
B.
"Director"
means the director of the New Mexico department of
				agriculture.
C.
"Plowdown"
means destruction of cotton plants by shredding
				followed by plowing or by other appropriated means to prohibit the presence of
				any cotton plants or cotton residue on the soil surface. All plant residue
				shall be buried 6 inches or more below the soil surface.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.8 - PINK BOLLWORM PERMANENT PLOWDOWN

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order to reduce the overwintering
				population of pink bollworm in New Mexico, the director designates February 1
				of every year as a permanent date for completion of plowdown of all cotton
				plants in New Mexico.
B. The
				director may, on written request by a farm owner and/or operator, grant an
				extension of the cotton plowdown date. The director may also, on written
				request by a farm owner and/or operator, authorize an alternative to the method
				of mechanical destruction of cotton prescribed by the rule.
C. The director may exclude a county or may
				authorize an alternative method of cotton destruction prescribed by the rule
				for a county designated by the USDA, natural resources conservation service
				(NRCS) where the resulting soil erosion rates would be in conflict with the
				mandated soil erosion requirements as specified by NRCS.
D. All requests for extensions on initially
				undestroyed cotton or for approval of an alternative method of cotton
				destruction must be postmarked on or prior to the plowdown date.
E. The cotton producers from a county or
				cotton producing area not infested or threatened by the pink bollworm may
				petition the director to be excluded from the plowdown. All petitions to be
				excluded must be received 30 days prior to the plowdown date.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.9 - DISPOSITION OF VIOLATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				cotton field within the regulated area found not in compliance of the plowdown
				requirements will be in violation of the Pest Control Act, Section
				76-6-6
				NMSA 1978. The department will take emergency action as necessary to prevent
				and retard the spread of the pink bollworm in accordance with the provision of
				the Pest Control Act and shall:
(1)
				immediately give a written notice to any farm owner and to the operator in
				charge of the field that is in violation of Section 8, instructing the owner
				and the operator to plowdown cotton plants within five calendar days after the
				date written notice is issued;
(2)
				post for a period of three consecutive days a copy of the notice on or in the
				immediate vicinity of the field in violation, if either the owner or operator
				cannot be located after a reasonable effort by the department;
(3) have the cotton plants plowed down, if no
				response is received by the department from either the owner or operator within
				five calendar days after the date of posting of the notice at the field, or if
				the department considers the response inadequate.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 31 - PINK BOLLWORM PERMANENT PLOWDOWN › Section 21.17.31.10 - GENERAL RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The board disclaims liability for any costs incident to
				  inspection or compliance with the provisions of this rule.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
				  Telephone No. (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person producing cotton or owning land on which cotton is
				  grown in areas with cotton pest control districts established by referendum in
				  New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Pest Control Act, Chapter 76, Article 6 Sections 1 through
				  9, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 15, 1999, unless a different date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 32, Chapter 17 is to prevent the
				  further spread of cotton pests in the designated control
				  districts.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Control
				districts" means the designated areas duly established under New Mexico statute
				wherein a program to suppress or eradicate cotton pests is
				administered.
B. "Control
				committee" means persons elected by the cotton producers in a designated
				control district to carry out an eradication program.
C. "Department" means the New Mexico
				department of agriculture.
D.
				"Director" means the director of the New Mexico department of
				agriculture.
E. "Producer" means
				any person producing cotton plants.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.8 - EMERGENCY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
In order to prevent the spread of regulated cotton pests in
				  the control districts, the director will take emergency action. As a response
				  to a request from the control committee for assistance, when a producer and/or
				  owner refuses to allow trapping or treatment of a cotton field by the control
				  district, to treat the crop with an efficacious pesticide, or to destroy the
				  host crop in accordance with the Pest Control Act and the regulating state
				  statute, the director will act in accordance with the provisions of the Pest
				  Control Act and shall:
A. Make
				reasonable inspection of the field with the consent of the owner/producer or by
				court order.
B. If the field is
				found to be infested by a regulated cotton pest, give notice to the
				owner/producer that the host crop will be plowed within three days, if
				abatement action is not taken by the producer.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.9 - DISPOSITION OF VIOLATORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Failure to comply with Subsection B of 21.17.32.8 NMAC as stated above shall be
				a violation of this rule. The director may take any appropriate measures
				including, but not limited to:
(1) taking
				emergency action;
(2) disposing of
				the host;
(3) eradication of the
				pest.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 32 - COTTON PEST EMERGENCY ACTION › Section 21.17.32.10 - GENERAL RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The board disclaims any liability for any costs incident to
				  inspection or compliance with the provisions of this rule.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 33 - RED IMPORTED FIRE ANT INTERIOR QUARANTINE › Section 21.17.33.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
				  Telephone No. (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 33 - RED IMPORTED FIRE ANT INTERIOR QUARANTINE › Section 21.17.33.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 33 shall apply to all persons transporting regulated
				  articles intrastate from quarantined areas of New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 33 - RED IMPORTED FIRE ANT INTERIOR QUARANTINE › Section 21.17.33.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the Pest Control Act, Chapter 76, Article 6, Sections 1
				  through 9, NMSA 1978 compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 33 - RED IMPORTED FIRE ANT INTERIOR QUARANTINE › Section 21.17.33.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 14, 1998, unless a different date is cited at the end
				  of a section or paragraph.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 33 - RED IMPORTED FIRE ANT INTERIOR QUARANTINE › Section 21.17.33.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 33, Chapter 17 is to prevent the
				  further spread of the red imported fire ant to counties of New Mexico not known
				  to be infested.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 33 - RED IMPORTED FIRE ANT INTERIOR QUARANTINE › Section 21.17.33.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the board of regents of New Mexico state university
				or any officer or employee to whom authority to act in their stead has been or
				hereafter may be delegated.
B.
"Department"
means the New Mexico department of
				agriculture.
C.
"Infestation"
means actually infested or infected with a pest, or
				so exposed to infestation that it would be reasonable to believe that an
				infestation exists.
D.
"Certificate"
a document issued or authorized by the board
				indicating that a regulated article is not contaminated with a pest.