reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.9 - LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The minimum
				percentage of primary plant nutrients claimed by a fertilizer product shall
				appear on the product label in the following order and form.
total nitrogen (N)........................................
				  ________%
________% ammoniacal nitrogen
________% nitrate nitrogen
________% water insoluble nitrogen
________% urea nitrogen
________% (other recognized and determinable forms of
				  N)
available phosphate (P2O5)............................
				  ________%
soluble potash (K2O).....................................
				  ________%
(other nutrients, elemental basis as prescribed in Subsection
				  B of 21.18.2.9 NMAC)..______%
B. In addition to nitrogen, phosphorus, and
				potassium, other plant nutrients, when mentioned in any form or manner, shall
				be registered and shall be guaranteed. Guarantees shall be made on the
				elemental basis. Sources of the elements guaranteed and proof of availability
				shall be provided to the department upon request. Guarantees or claims for the
				following plant nutrients are the only ones which will be accepted. Unless
				excluded, the minimum percentages which will be accepted for registration are
				as follows:
element
percent
calcium (Ca)
1.00
magnesium (Mg)
0.50
sulfur (S)
1.00
boron (B)
0.02
chlorine (Cl)
0.10
cobalt (Co)
0.0005
copper (Cu)
0.05
iron (Fe)
0.10
manganese (Mn)
0.05
molybdenum (Mo)
0.0005
nickel (Ni)
0.0010
sodium (Na)
0.10
zinc (Zn)
0.05
C.
				Levels below the percentages in Subsection B of 21.18.2.9 NMAC may be allowed
				provided that:
(1) justification is furnished
				by research data or other professional sources to satisfy the department that
				any of these minimum percentages would be detrimental to specific plants,
				or
(2) a commercial fertilizer is
				formulated according to specifications which are furnished by a consumer prior
				to mixing.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.11 - INSPECTION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
An inspection fee of thirty-five cents (.35) per ton is
				  hereby established to be effective on all commercial fertilizer and soil
				  conditioners.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.12 - SAMPLING-ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
The methods of sampling and analysis shall be those of the
				  association of official analytical chemists international. In cases not covered
				  by such methods, or in cases where methods are available in which improved
				  applicability has been demonstrated, the state chemist may adopt such
				  appropriate methods from other sources.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.1 - 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 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.3 - 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 New Mexico Commercial Feed Act, Chapter 76, Article 19A,
				  Sections 1 through 17, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 2013, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 18 is to protect the
				  consumers of commercial feed products by establishing standards for their
				  labeling, registration, and sale.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				names and definitions for commercial feeds shall be the official definition of
				feed ingredients adopted by the association of American feed control officials,
				except as the department designates otherwise in specific cases.
B. The terms used in reference to commercial
				feeds shall be the official feed terms adopted by the association of American
				feed control officials, except as the department designates otherwise in
				specific cases.
C. The following
				commodities are hereby declared exempt from the definition of commercial feed,
				under the provisions of Section 76-19A-5A NMSA 1978: raw meat and loose salt
				when unground and when not mixed or intermixed with other materials: provided
				that these commodities are not adulterated within the meaning of Section
				76-19A-8
				NMSA 1978.
D. The definitions in
				Section
				76-19A-2
				NMSA 1978 shall apply in addition to the following:
(1) Principal display panel means the part of
				a label that is most likely to be displayed, presented, shown, or examined
				under normal and customary conditions of display for retail sale.
(2) Ingredient statement means a collective
				and contiguous listing on the label of the ingredients of which the pet food or
				specialty pet food is composed.
(3)
				Immediate container means the unit, can, box, tin, bag, or other receptacle or
				covering in which a pet food or specialty pet food is displayed for sale to
				retail purchasers, but does not include containers used as shipping
				containers.
(4) All life stages
				means gestation/lactation, growth, and adult maintenance life stages.
(5) Family means a group of products, which
				are nutritionally adequate for any or all life stages based on their
				nutritional similarity to a lead product, which has been successfully test-fed
				according to an association of American feed control officials feeding
				protocol(s).
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.8 - LABEL FORMAT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Commercial feed, other than customer-formula feed, shall be labeled with the
				information prescribed in this regulation on the principal display panel of the
				product and in the following format:
(1)
				product name and brand name, if any, as stipulated in Subsection A of 21.18.3.9
				NMAC;
(2) if a drug is used, label
				as stipulated in Subsection B of 21.18.3.9 NMAC;
(3) purpose statement as stipulated in
				Subsection C of 21.18.3.9 NMAC;
(4)
				guaranteed analysis as stipulated in Subsection D of 21.18.3.9 NMAC;
(5) feed ingredients as stipulated in
				Subsection E of 21.18.3.9 NMAC and in 21.18.3.12 NMAC;
(6) directions for use and precautionary
				statements as stipulated in Subsection F of 21.18.3.9 NMAC and in 21.18.3.13
				NMAC;
(7) name and principal
				mailing address of the manufacturer or person responsible for distributing the
				feed as stipulated in Subsection G of 21.18.3.9 NMAC;
(8) quantity statement.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.10 - EXPRESSION OF GUARANTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The guarantees for crude protein,
				equivalent crude protein from non-protein nitrogen, lysine, methionine, other
				amino acids, crude fat, crude fiber, and acid detergent fiber shall be in terms
				of percentage.
B. Mineral
				guarantees
(1) When the calcium, salt, and
				sodium guarantees are given in the guaranteed analysis, such shall be stated
				and conform to the following:
(a) When the
				minimum is below 2.5%, the maximum shall not exceed the minimum by more than
				0.5 percentage point.
(b) When the
				minimum is 2.5% but less than 5.0%, the maximum shall not exceed the minimum by
				more than one percentage point.
(c)
				When the minimum is above 5.0% or greater, the maximum shall not exceed the
				minimum by more than 20% of the minimum and in no case shall the maximum exceed
				the minimum by more than five percentage points.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.11 - SUBSTANTIATION OF NUTRITIONAL SUITABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A commercial feed, other than a
				customer-formula feed, shall be nutritionally suitable for its intended purpose
				as represented by its labeling.
B.
				If the department has reasonable cause to believe a commercial feed is not
				nutritionally suitable, the department may request the feed manufacturer to
				either submit an "Affidavit of Suitability" or an alternative procedure
				acceptable to the department, certifying the nutritional adequacy of the feed.
				The affidavit of suitability or alternate procedure of suitability shall serve
				as substantiation of the suitability of the feed.
C. If an affidavit of suitability or
				alternative procedure acceptable to the department is not submitted by the feed
				manufacturer within 30 days of written notification, the department may deem
				the feed adulterated in accordance with
				76-19A-8
				M NMSA 1978 and order the feed removed from the marketplace.
D . The affidavit of suitability shall
				contain the following information:
(1) the
				feed company's name;
(2) the feed's
				product name;
(3) the name and
				title of the affiant submitting the document;
(4) a statement that the affiant has
				knowledge of the nutritional content of the feed and based on valid scientific
				evidence the feed is nutritionally adequate for its intended purpose;
(5) the date of submission; and,
(6) the signature of the affiant notarized by
				a certified notary public.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.12 - INGREDIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The name of each
				ingredient or collective term for the grouping of ingredients, when required to
				be listed, shall be the name as defined in the official definitions of feed
				ingredients as published in the official publication of the association of
				American feed control officials, the common or usual name, or one approved by
				the department.
B. The name of each
				ingredient must be shown in letters or type of the same size.
C. No reference to quality or grade of an
				ingredient shall appear in the ingredient statement of a feed.
D. The term "dehydrated" may precede the name
				of any product that has been artificially dried.
E. A single ingredient product defined by the
				association of American feed control officials is not required to have an
				ingredient statement.
F. Tentative
				definitions for ingredients shall not be used until adopted as official, unless
				no official definition exists or the ingredient has a common accepted name that
				requires no definition, (i.e. sugar) unless approved by the
				department.
G. When the word
				"iodized" is used in connection with a feed ingredient, the feed ingredient
				shall contain not less than 0.007% iodine, uniformly distributed.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.13 - DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Directions for use and precautionary
				statements on the labeling of all commercial feeds and customer-formula feeds
				containing additives (including drugs, special purpose additives, or
				non-nutritive additives) shall:
(1) be
				adequate to enable safe and effective use for the intended purposes by users
				with no special knowledge of the purpose and use of such articles;
				and
(2) include, but not be limited
				to, all information described by all applicable regulations under the Federal
				Food, Drug and Cosmetic Act.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.14 - NON-PROTEIN NITROGEN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Urea
				and other non-protein nitrogen products defined in the official publication of
				the association of American feed control officials are acceptable ingredients
				only in commercial feeds for ruminant animals as a source of equivalent crude
				protein. If the commercial feed contains more than 8.75% of equivalent crude
				protein from all forms of non-protein nitrogen, added as such, or the
				equivalent crude protein from all forms of non-protein nitrogen, added as such,
				exceeds one third of the total crude protein, the label shall bear adequate
				directions for the safe use of feeds and a precautionary statement:
				"
CAUTION: USE AS DIRECTED
." The directions for use and the caution
				statement shall be in type of such size so placed on the label that they will
				be read and understood by ordinary persons under customary conditions of
				purchase and use.
B. Non-protein
				nitrogen defined in the official publication of the association of American
				feed control officials, when so indicated, are acceptable ingredients in
				commercial feeds distributed to non-ruminant animals as a source of nutrients
				other than equivalent crude protein. The maximum equivalent crude protein from
				non-protein nitrogen sources when used in non-ruminant rations shall not exceed
				1.25% of the total daily ration.
C.
				On labels such as those for medicated feeds, which bear adequate feeding
				directions and warning statements, the presence of added non-protein nitrogen
				shall not require a duplication of the feeding directions or the precautionary
				statements as long as those statements include sufficient information to ensure
				the safe and effective use of this product due to the presence of non-protein
				nitrogen.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.15 - DRUG AND FEED ADDITIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Prior to approval of a registration application or approval of a label for
				commercial feed which contain additives (including drugs, other special purpose
				additives, or non-nutritive additives) the distributor may be required to
				submit evidence to prove the safety and efficacy of the commercial feed when
				used according to the directions furnished on the label.
B. Satisfactory evidence of safety and
				efficacy of a commercial feed may be:
(1)
				when the commercial feed contains such additives, the use of which conforms to
				the requirements of the applicable regulation in the "Code of Federal
				Regulations, Title 21", or which are "prior sanctioned" or "informal review
				sanctioned" or "generally recognized as safe" for such use; or
(2) when the commercial feed is itself a drug
				as defined in
				76-19A-2
				I, NMSA 1978 and is generally recognized as safe and effective for the labeled
				use or is marketed subject to an application approved by the food and drug
				administration under Title
				21 U.S.C.
				360 b; or
(3) when one of the purposes for feeding a
				commercial feed is to impart immunity (that is to act through some
				immunological process) the constituents imparting immunity have been approved
				for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as
				amended; or
(4) when the commercial
				feed is a direct fed microbial product and:
(a) the product meets the particular
				fermentation product definition; and
(b) the microbial content statement, as
				expressed in the labeling, is limited to the following: "contains a source of
				live (viable) naturally occurring microorganisms;" this statement shall appear
				on the label; and
(c) the source is
				stated with a corresponding guarantee expressed in accordance with Subsection G
				of 21.18.3.10 NMAC;
(5)
				when the commercial feed is an enzyme product and:
(a) the product meets the particular enzyme
				definition defined by the association of American feed control officials;
				and
(b) the enzyme is stated with a
				corresponding guarantee expressed in accordance with Subsection H of 21.18.3.10
				NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.16 - ADULTERANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the purpose
				of
				76-19A-8
				A NMSA 1978, a commercial feed shall be deemed adulterated if:
(1) it bears or contains any added poisonous,
				deleterious, or non-nutritive substance that is unsafe within the meaning of
				Section 406 of the federal Food, Drug and Cosmetic Act, other than one that is
				a pesticide chemical in or on a raw agricultural commodity or a food
				additive;
(2) it is or it bears or
				contains any food additive that is unsafe pursuant to Section 409 of the
				federal Food, Drug and Cosmetic Act;
(3) it is a raw agricultural commodity and it
				bears or contains a pesticide chemical that is unsafe within the meaning of
				Section 408 (a) of the federal Food, Drug and Cosmetic Act; provided that where
				a pesticide chemical has been used in or on a raw agricultural commodity in
				conformity with an exemption granted or a tolerance prescribed under Section
				408 of that act and such raw agricultural commodity has been subjected to
				processing such as canning, cooking, freezing, dehydrating, or milling the
				residue of the pesticide chemical remaining in or on such processed commercial
				feed shall not be deemed unsafe if the residue in or on the raw agricultural
				commodity has been removed to the extent possible in good manufacturing
				practice and the concentration of the residue in the processed feed is not
				greater than the tolerance prescribed for the raw agricultural commodity unless
				the feeding of such processed feed will result or is likely to result in a
				pesticide residue in the edible product of the animal that is unsafe within the
				meaning of Section 408 (a) of the federal Food, Drug and Cosmetic
				Act;
(4) it is or it bears or
				contains any color additive that is unsafe within the meaning of Section 721 of
				the federal Food, Drug and Cosmetic Act;
(5) it is or it bears or contains any new
				animal drug that is unsafe within the meaning of Section 512 of the federal
				Food, Drug and Cosmetic Act;
(6) it
				is, in whole or in part, the product of a diseased animal or of an animal that
				has died otherwise than by slaughter that is unsafe within the meaning of
				Section 402 (a)(1) or (2) of the federal Food, Drug and Cosmetic Act;
(7) it has been intentionally subjected to
				radiation, unless the use of the radiation was in conformity with the
				regulation or exemption in effect pursuant to Section 409 of the federal Food,
				Drug and Cosmetic Act;
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.17 - GOOD MANUFACTURING PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of enforcement of
				  76-19A-8
				  N NMSA 1978 the board adopts the following as current good manufacturing
				  practices:
A. The regulations
				prescribing good manufacturing practices for type B and type C medicated feeds
				as published in the "Code of Federal Regulations, Title 21", Part 225, Sections
				225.1 through 225.202.
B. The
				regulations prescribing good manufacturing practices for type A Medicated
				Articles as published in the "Code of Federal Regulations, Title 21," Part 226,
				Sections 226.1 through 226.115.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.18 - CERTAIN MAMMALIAN PROTEINS PROHIBITED IN RUMINANT FEED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to
				76-19A-8
				A or
				76-19A-8
				C, NMSA 1978, the board adopts the requirements of "Code of Federal
				Regulations, Title 21", 589.2000.
B. Pursuant to
				76-19A-8
				A or
				76-19A-8
				C, NMSA 1978, the board adopts the requirements of "Code of Federal
				Regulations, Title 21", 589.2001.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.19 - PET FOOD AND SPECIALTY PET FOOD LABEL FORMAT AND LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pet food and
				specialty pet food shall be labeled with the following information:
(1) product name and brand name, if any, on
				the principal display panel as stipulated in 21.18.3.20 NMAC;
(2) a statement specifying the species name
				of pet or specialty pet for which the food is intended, conspicuously
				designated on the principal display panel;
(3) quantity statement, as defined in Section
				76-19A-9 A(1)
				NMSA 1978 and Subsection H of 21.18.3.9 NMAC, by weight (pounds and ounces and
				metric), liquid measure (quarts, pints, and fluid ounces and metric), or by
				count on the principal display panel;
(4) guaranteed analysis as stipulated in
				21.18.3.21 NMAC;
(5) ingredient
				statement as stipulated in 21.18.3.22 NMAC;
(6) a statement of nutritional adequacy or
				purpose, if required, under 21.18.3.24 NMAC;
(7) feeding directions if required under
				21.18.3.25 NMAC; and
(8) name and
				address of the manufacturer or distributor as stipulated in 21.18.3.28
				NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.20 - PET FOOD AND SPECIALTY PET FOOD BRAND AND PRODUCT NAMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The words "100%" or "All" or words of
				similar designation shall not be used in the brand or product name of a pet
				food or specialty pet food if the product contains more than one ingredient,
				not including water sufficient for processing, decharacterizing agents, or
				trace amounts of preservatives and condiments.
B. An ingredient or a combination of
				ingredients may form a part of the product name of a pet food or specialty pet
				food:
(1) When the ingredient(s) constitutes
				at least 95% of the total weight of the product. Water sufficient for
				processing may be excluded when calculating the percentage; however, the
				ingredient(s) shall constitute at least 70% of the total product
				weight.
(2) When any ingredient(s)
				constitutes at least 25% of the weight of the product, provided that:
(a) water sufficient for processing may be
				excluded when calculating the percentage; however, the ingredients(s) shall
				constitute at least 10% of the total product weight; and
(b) a descriptor is used with the ingredient
				name(s); this descriptor shall imply other ingredients are included in the
				product formula; examples of descriptors include "dinner," "platter,"
				"entrée," "formula," and "recipe"; and
(c) the descriptor shall be in the same size,
				style, and color print as the ingredient name(s).
(3) When a combination of ingredients, which
				are included in the product name in accordance with Subsection B of 21.18.3.20
				NMAC, meets all of the following:
(a) Each
				ingredient constitutes at least 3% of the product weight, excluding water
				sufficient for processing; and,
(b)
				The names of the ingredients appear in the order of their respective
				predominance by weight in the product; and,
(c) All such ingredient names appear on the
				label in the same size, style, and color print.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.21 - PET FOOD AND SPECIALTY PET FOOD EXPRESSION OF GUARANTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The "Guaranteed
				Analysis" shall be listed in the following order and format unless otherwise
				specified in these regulations:
(1) A pet food
				or specialty pet food label shall list the following required guarantees;
(a) minimum percentage of crude
				protein;
(b) minimum percentage of
				crude fat;
(c) maximum percentage
				of crude fat, if required by 21.18.3.27 NMAC;
(d) maximum percentage of crude
				fiber;
(e) maximum percentage of
				moisture; and
(f) additional
				guarantees shall follow moisture.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.22 - PET FOOD AND SPECIALTY PET FOOD INGREDIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each ingredient of a pet food or specialty
				pet food shall be listed in the ingredient statement as follows:
(1) the names of all ingredients in the
				ingredient statement shall be shown in letters or type of the same size, style,
				and color;
(2) the ingredients
				shall be listed in descending order by their predominance by weight in
				non-quantitative terms;
(3)
				ingredients shall be listed and identified by the name and definition
				established by the association of American feed control officials;
				and
(4) any ingredient for which no
				name and definition have been so established shall be identified by the common
				or usual name of the ingredient.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.23 - PET FOOD AND SPECIALTY PET FOOD DRUGS AND PET FOOD ADDITIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An artificial
				color may be used in a pet food or specialty pet food only if it has been shown
				to be harmless to pets or specialty pets. The permanent or provisional listing
				of an artificial color in the United States food and drug regulations as safe
				for use, together with the conditions, limitations, and tolerances, if any,
				incorporated therein, shall be deemed to be satisfactory evidence that the
				color is, when used pursuant to such regulations, harmless to pets or specialty
				pets.
B. Evidence may be required
				to prove the safety and efficacy or utility of a pet food or specialty pet
				food, which contains additives or drugs, when used according to directions
				furnished on the label. Satisfactory evidence of the safety and efficacy of a
				pet food or specialty pet food may be established:
(1) When the pet food or specialty pet food
				contains such additives, the use of which conforms to the requirements of the
				applicable regulation in the "Code of Federal Regulations, Title 21," or which
				are "prior sanctioned" or "informal review sanctioned" or "generally recognized
				as safe" for such use; or
(2) When
				the pet food or specialty pet food itself is a drug or contains a drug as
				defined in
				76-19A-2
				I, NMSA 1978 and is "generally recognized as safe and effective" for the
				labeled use or is marketed subject to an application approved by the food and
				drug administration under Title 21, U.S.C. 360(b).
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.24 - PET FOOD AND SPECIALTY PET FOOD NUTRITIONAL ADEQUACY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The label of a pet food or specialty pet
				food which is intended for all life stages of the pet or specialty pet may
				include an unqualified claim, directly or indirectly, such as "complete and
				balanced," "perfect," "scientific," or "100% nutritious" if at least one of the
				following apply:
(1) the product meets the
				nutrient requirements for all life stages established by an association of
				American feed control officials recognized nutrient profile; or,
(2) the product meets the criteria for all
				life stages as substantiated by completion of the appropriate association of
				American feed control officials recognized animal feeding protocol(s);
				or
(3) the product is a member of a
				product family which is nutritionally similar to a lead product, which contains
				a combination of ingredients that has been fed to a normal animal as the sole
				source of nourishment in accordance with the testing procedures established by
				the association of American feed control officials for all life stages,
				provided that:
(a) the nutritional similarity
				of the family product can be substantiated according to the procedures for
				establishing pet food product families developed by the association of American
				feed control officials; and,
(b)
				the family product meets the criteria for all life stages; and
(c) under circumstances of reasonable doubt,
				the department may require the manufacturer to perform additional testing of
				the family product in order to substantiate the claim of nutritional
				adequacy.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.25 - PET FOOD AND SPECIALTY PET FOOD FEEDING DIRECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Dog or cat food, including snacks or
				treats, labeled as complete and balanced for any or all life stages, as
				provided in Paragraph (1) of Subsection C of 21.18.3.24 NMAC, except those pet
				foods labeled in accordance with Subsection D of 21.18.3.24 NMAC, shall list
				feeding directions on the product label. These directions shall be consistent
				with the intended use(s) indicated in the nutritional adequacy statement,
				unless a limited use or more limited life stage designation is declared
				elsewhere (e.g., "adult formula"). These directions shall be expressed in
				common terms and shall appear prominently on the label. Feeding directions
				shall, at a minimum, state, "Feed (weight/unit of product) per (weight only) of
				dog (or cat)." The frequency of feeding shall also be specified.
B. When a dog or cat food is intended for use
				by or under the supervision or direction of a veterinarian, the statement: "Use
				only as directed by your veterinarian" may be used in lieu of feeding
				directions.
C. Specialty pet food,
				including snacks or treats, labeled as complete and balanced for any or all
				life stages, as provided in Subsection A of 21.18.3.24 NMAC, shall list feeding
				directions on the product label. These feeding directions shall be adequate to
				meet the nutrient requirements of the intended species of specialty pet as
				recommended by the association of American feed control officials recognized
				nutritional authority. These directions shall be expressed in common terms and
				shall appear prominently on the label. The frequency of feeding shall also be
				specified.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.26 - PET FOOD AND SPECIALTY PET FOOD STATEMENTS OF CALORIE CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as
				required in
				21.18.3.27
				NMAC, the label of a dog or cat food may bear a statement of calorie content
				when the label meets all of the following:
(1)
				The statement shall be separate and distinct from the "Guaranteed Analysis" and
				shall appear under the heading "Calorie Content";
(2) The statement shall be measured in terms
				of metabolizable energy (ME) on an "as fed" basis and must be expressed as
				"kilocalories per kilogram" ("kcal/kg") of product and may also be expressed as
				kilocalories per familiar household measure (e.g., cans, cups, pounds);
				and,
(3) The calorie content is
				determined by one of the following methods:
(a) by calculation using the following
				"modified atwater " formula:
ME( kcal/kg) = 10[(3.5 x CP) + (8.5 x CF) + (3.5 x
				  NFE)]
where: ME = metabolizable energy
CP = % crude protein "as fed"
CF = % crude fat "as fed"
NFE = % nitrogen-free extract (carbohydrate) "as fed"
and the percentages of CP and CF are the arithmetic averages
				  from proximate analyses of at least four production batches of the product; and
				  the NFE is calculated as the difference between 100 and the sum of CP, CF, and
				  the percentages of crude fiber, moisture, and ash (determined in the same
				  manner as CP and CF); or,
(b) in accordance with a testing procedure
				established by the association of American feed control officials.
(4) An affidavit shall be provided
				upon request to the department substantiating that the calorie content was
				determined by:
(a) Subparagraph (a) of
				Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the results of
				all the analyses used in the calculation shall accompany the affidavit;
				or
(b) Subparagraph (b) of
				Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the summary data
				used in the determination of calorie content shall accompany the
				affidavit.
(5) The
				calorie content statement shall appear as one of the following:
(a) The claim on the label or other labeling
				shall be followed parenthetically by the word "calculated" when the calorie
				content is determined in accordance with Subparagraph (a) of Paragraph (3) of
				Subsection A of 21.18.3.26 NMAC; or
(b) The value of calorie content stated on
				the label which is determined in accordance with Subparagraph (b) of Paragraph
				(3) of Subsection A of 21.18.3.26 NMAC shall not exceed or understate the value
				determined in accordance with Subparagraph (a) of Paragraph (3) of Subsection A
				of 21.18.3.26 NMAC by more than 15%.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.27 - PET FOOD AND SPECIALTY PET FOOD DESCRIPTIVE TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Calorie terms
(1) "Light"
(a) A dog food product which bears on its
				label the terms "light," "lite," "low calorie," or words of similar designation
				shall:
(i) contain no more than 3100 kcal
				ME/kg for products containing less than 20% moisture, no more than 2500 kcal
				ME/kg for products containing 20% or more but less than 65% moisture, and no
				more than 900 kcal ME/kg for products containing 65% or more moisture;
				and
(ii) include on the label a
				calorie content statement:
1) in accordance
				with the format provided in 21.18.3.26 NMAC; and
2) which states no more than 3100 kcal ME/kg
				for products containing less than 20% moisture, no more than 2500 kcal ME/kg
				for products containing 20% or more but less than 65% moisture, and no more
				than 900 kcal ME/kg for products containing 65% or more moisture; and
(iii) include on the label feeding
				directions which reflect a reduction in calorie intake consistent with the
				intended use.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.28 - PET FOOD AND SPECIALTY PET FOOD MANUFACTURER OR DISTRIBUTOR; NAME AND ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				label of a pet food or specialty pet food shall specify the name and address of
				the manufacturer or distributor. The statement of the place of business shall
				include the street address, city, state, and zip code; however, the street
				address may be omitted if such street address is shown in a current city
				directory or telephone directory for the city listed on the label.
B. When a person manufactures or distributes
				a pet food or specialty pet food in a place other than the principal place of
				business, the label may state the principal place of business in lieu of the
				actual place where each package of such pet food or specialty pet food was
				manufactured or packaged or from where each package is to be
				distributed.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.29 - REGISTRATION EXPIRATION DATE

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of
				  76-19A-4
				  A, NMSA 1978, all registrations shall expire annually on December
				  31.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.30 - INSPECTION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				inspection fee of fifteen cents ($0.15) per ton is hereby established to be
				effective on all commercial feeds sold on and after September 30, 2013; except
				that feed for which the department has not developed an inspection service at
				this time.
B. An inspection fee of
				twenty-five dollars ($25.00) is hereby established for each brand of commercial
				feed distributed in individual packages of ten (10) pounds or less sold after
				September 30, 2013, in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 3 - COMMERCIAL FEEDS › Section 21.18.3.31 - SPAY AND NEUTER PROGRAM FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Additional Fees:
In addition to the commercial feed registration fee, an
				  additional annual fee shall be collected on each pet food registered with the
				  department. This fee shall be implemented as follows:
(1) Beginning January 1, 2021 and ending
				December 31, 2021, fifty dollars ($50.00)
(2) Beginning January 1, 2022 and ending
				December 31, 2022, seventy-five dollars ($75.00)
(3) Beginning January 1, 2023, one hundred
				dollars ($100.00)
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.1 - 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 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.3 - 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 New Mexico Seed Law, Chapter 76, Article 10, Sections 11
				  through 22, New Mexico Statutes Annotated 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 4 of Chapter 18 is to establish a list
				  of prohibited and restricted noxious weed seeds, set germination standards for
				  vegetable seeds, set tolerances for the testing of seeds, set guidelines for
				  the sampling and testing of seeds, and set fees to be charged for seed testing
				  when done at the request of or for the benefit of persons, firms or
				  individuals, and designate the seed certification agency for New
				  Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.8 - PROHIBITED NOXIOUS WEED SEEDS

Current through Register Vol. 35, No. 13, July 16, 2024
The following weed seeds are declared to be prohibited
				  noxious weed seeds. Seeds containing any of the weed seeds listed herein shall
				  not be sold in New Mexico.
A. Bindweed
				(Convolvulus arvensis)
B.
				Camelthorn (Alhagi camelorum)
C.
				Halogeton (Halogeton glomeratus)
D.
				Nutgrass (Cyperus esculentus, C. rotundus)
E. Poverty Weed (Franseria
				discolor)
F. Quackgrass (Agropyron
				repens)
G. Russian Knapweed
				(Centaurea repens)
H. Thistle,
				Canada (Cirsium arvense)
I.
				Whitetop (Cardaria draba, C. pubescens)
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.9 - RESTRICTED NOXIOUS WEED SEEDS

Current through Register Vol. 35, No. 13, July 16, 2024
The following weed seeds are declared to be restricted
				  noxious weed seeds. Seeds containing any of the weed seeds listed herein shall
				  not be sold in New Mexico if the number of restricted noxious weed seeds
				  exceeds those established in this section.
Maximum allowed per pound
dodder (
Cuscuta
spp.)
45
goatgrass (
Aegilops
spp.)
1
Johnsongrass (
Sorghum halepense
) and
						  other perennial sorghums
45
morning glory (
Ipomoea
spp.)
45
Texas blueweed (
Helianthus ciliaris
)
45
white horsenettle(Bullnettle) (
Solanum
						  elaeagnifolium
)
90
wild oat (
Avena fatua
)
90
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.10 - GERMINATION STANDARDS FOR VEGETABLE SEEDS

Current through Register Vol. 35, No. 13, July 16, 2024
The germination standards for vegetable seeds shall be as
				  follows:
Percent
Percent
artichoke
60
eggplant
60
asparagus
70
endive
70
asparagus-bean
75
kale
75
bean, garden
70
kale, Chinese
75
bean, lima
70
kohlrabi
75
bean, runner
75
leek
60
beet
65
lettuce
80
broadbean
75
muskmelon
75
broccoli
75
mustard
75
brussels sprouts
70
mustard, spinach
75
burdock, great
60
okra
50
cabbage
75
onion
70
cabbage, tronchuda
75
onion, welsh
70
cantaloupe (see muskmelon)
pak-choi
75
cardoon
60
parsley
60
carrot
55
parsnip
60
cauliflower
75
pea
80
celeriac
55
pepper
55
celery
55
pumpkin
75
chard, swiss
65
radish
75
chicory
65
rhubarb
60
chinese cabbage
75
rutabaga
75
chives
50
salsify
75
citron
65
sorrel
65
collards
80
soybean
75
corn, sweet
75
spinach
60
cornsalad
70
spinach, New Zealand
40
cowpea
75
squash
75
cress, garden
75
tomato
75
cress, upland
60
tomato, husk
50
cress, water
40
turnip
80
cucumber
80
watermelon
70
dandelion
60
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.11 - METHODS OF SAMPLING AND TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
The methods of sampling, inspecting, analyzing, testing, and
				  examining agricultural and vegetable seed shall be the methods adopted by the
				  association of official seed analysts. Methods of testing seeds for which the
				  association of official seed analysts has not adopted methods of testing shall
				  be determined by the state seed analyst.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.12 - TOLERANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Tolerances shall be the applicable tolerances established by
				  the association of official seed analysts. In the case of prohibited noxious
				  weed seeds, the tolerance shall be based on declaration of "none". In the case
				  of vegetable seed in amounts of one pound or less not labeled as to actual
				  germination, it will be intepreted that vegetable seeds must meet or exceed the
				  minimum germination established by Section 10, germination standards for
				  vegetable seeds.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.13 - FEE SCHEDULE FOR SEED TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following fees shall be charged to
				persons bringing seed into the laboratory for testing:
Complete Test
Purity Only
Germ Only
Weed Only
grass seed
$20.00
$12.00
$12.00
$6.00
seed other than grass
$10.00
$6.00
$6.00
$6.00
B.
				Special charges.
TZ test for viability
$20.00
rush service
$5.00
mail purity first
$1.50
extra copy
$1.00
carry-over vegetable samples submitted in lots of ten
							 or more
$1.00
C.
				Hourly charges. Whenever the seed to be tested is unusually dirty or poses
				other problems so as not to be routine in its testing, the state seed analyst
				may elect to charge for the testing at the rate of $10.00 per hour for the time
				involved in testing for purity and/or conducting the germination test, but not
				to include the time in the germinator.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 4 - SEED STANDARDS AND CLASSIFICATIONS › Section 21.18.4.14 - SEED CERTIFICATION AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico state university seed certification is hereby
				  designated to be the seed certification agency for the state.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.1 - 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 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule shall apply to all persons buying in-shell pecans in
				  New Mexico, except where stated in statute.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under Chapter 47, SB 217, 2018 legislature.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 2018, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule establishes licensing fees, licensing requirements,
				  and licensing period for persons buying in-shell pecans.