reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 48 - SOUTH CENTRAL NEW MEXICO COTTON BOLL WEEVIL CONTROL COMMITTEE ASSESSMENT › Section 21.17.48.8 - ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The committee
				assessment rate is set forth at 2 dollars and fifty cents ($2.50) per bale of
				cotton for all cotton produced by producers in the control district. The
				assessment will be collected at the gin.
B. Payment of the assessment levied by a
				local control committee against a cotton producer will be due and payable when
				the cotton producer receives an assessment statement from the control
				committee.
C. Failure to comply
				with payment of assessment to the committee may result in the recording of a
				lien on the cotton crop and/or property in the county clerk's office where the
				property is located. The lien will remain in effect until foreclosure or
				balance subject to the lien is paid in full. Interest may be assessed at a rate
				of 8½ percent per annum on the balance unpaid after 30 days.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.1 - 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 50 - PESTICIDES › Section 21.17.50.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 50 shall apply to all persons regulated under the
				  Pesticide Control Act, including but not limited to private applicators,
				  commercial applicators, non-commercial applicators, public applicators, pest
				  management consultants, pesticide dealers and pesticide manufacturers, and to
				  all activities relating to the distribution and use of
				  pesticides.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.3 - 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 Pesticide Control Act, Chapter 76, Article 4,
				  Sections 1 through 39, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 50 of Chapter 17 is to set criteria for
				  the use of pesticides in New Mexico, including the licensing and certification
				  of pesticide applicators, record keeping, equipment inspection, storage and
				  disposal of pesticides.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Active
				ingredient" means any ingredient which will prevent, destroy, repel, control or
				mitigate a pest or which will act as a regulator, defoliant or
				desiccant.
B. "Aircraft" means any
				fixed-wing aerial equipment or helicopter used to apply pesticides.
C. "Antidote" means a practical treatment in
				case of poisoning and includes first-aid treatment.
D. "Bait" means an edible material containing
				a pesticide attractive to a pest.
E. "Beneficial insect" means any insect
				which, during its life cycle, is an effective pollinator of plants, is a
				parasite or predator of pests, or is an insect that provides useful
				products.
F. "Certified applicator"
				means any person who has complied with the certification requirements
				established by the department to use or supervise the use of any pesticide
				covered by a valid license issued by the department.
G. "Competent" means properly qualified to
				perform functions associated with pesticide application and/or use, the degree
				of capability required being directly related to the nature of the activity and
				the associated responsibility.
H.
				"Defoliant" means any substance or mixture of substances intended for causing
				the leaves or foliage to drop from a plant, with or without causing
				abscission.
I. "Desiccant" means
				any substance or mixture of substances intended for artificially accelerating
				the drying of plant tissue.
J.
				"Direct supervision" means verifiable instruction to a competent person as
				follows:
(1) detailed guidance for applying
				and/or using the pesticide properly; and
(2) provisions for contacting the certified
				applicator in the event he is needed; or
(3) actual physical presence of a certified
				applicator when required by the label.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.9 - EXPIRATION DATE OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
The annual registration of pesticides and any licenses or
				  certifications provided for in the Pesticide Control Act shall expire on the
				  dates indicated in this section unless it has been revoked or suspended prior
				  thereto by the director.
A. The annual
				pesticide or device registration shall expire on December 31 following
				issuance.
B. The annual pesticide
				dealer license shall expire on December 31 following issuance.
C. The annual pest management consultant
				license shall expire on December 31 following issuance.
D. The annual commercial applicator license
				shall expire on December 31 following issuance.
E. The annual operator/technician license
				shall expire on December 31 following issuance.
F. The annual non-commercial applicator
				license shall expire on December 31 following issuance.
G. The annual public applicator license shall
				expire on December 31 following issuance.
H. The annual public pest management
				consultant license shall expire on December 31 following issuance.
I. The private applicator certification shall
				expire on December 31 five years following the date of issuance.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.10 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each commercial
				applicator, non-commercial applicator and public applicator shall keep records
				for pesticides applied by them or persons under their direct supervision which
				shall include the following:
(1) name of the
				person for whom the pesticide was applied;
(2) target pest(s) and crop or
				site;
(3) year, month, day, and
				time the pesticide was applied;
(4)
				brand name or common name of the pesticide and U.S. environmental protection
				agency registration number(s) of the pesticide(s);
(5) direction and estimated velocity of the
				wind and the temperature at the application site at the time the pesticide was
				applied; this requirement shall not apply to application of baits in bait
				stations or pesticide applications in or immediately adjacent to
				structures;
(6) concentration of
				the pesticide(s) applied; example: pounds, ounces or pints of pesticide
				formulation per gallon applied;
(7)
				volume of use-dilution preparation applied, if applied in categories lA, lB, 2,
				3A, 3B, 5, 6, 7D and 8 as defined in Section 8;
(8) location of the land or city address to
				which pesticide was applied;
(9) if
				applicable, all aircraft identification numbers;
(10) name and address of the business or
				agency and the name of the individual making the application.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.11 - INSPECTION AND CARE OF EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Equipment used for applying pesticides by
				a commercial applicator shall be kept in good mechanical condition. Parts that
				show signs of wear or malfunction shall be replaced to prevent leakage and to
				assure uniform dispersal of the pesticide. Equipment, where applicable, shall
				be calibrated accurately to dispense the prescribed amount of pesticide. Hoses
				or parts not suitable or not intended for use on spray equipment shall not be
				used.
B. Equipment to be licensed
				shall be inspected for, but not limited to, the following:
(1) nozzle condition and function;
(2) suitable type of hose;
(3) tank condition;
(4) hose and pipe connections and
				condition;
(5) proper functioning
				of pressure regulators, if equipped;
(6) proper functioning of emergency dump
				valve;
(7) proper functioning of
				pump;
(8) decal or license plate
				affixed to the equipment.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.12 - PROTECTIVE EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed certified applicators shall be required to make
				  available protective equipment properly decontaminated and in proper working
				  order, and advise their employees of its use to meet the safety requirements of
				  the pesticide labeling.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.13 - APPLICATION OF PESTICIDES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A licensed certified applicator shall apply only those pesticides registered
				for use in New Mexico under his license category(s). Any person applying
				pesticides shall follow directions, rates and precautions stated on the
				approved label and labeling. Application or use of a pesticide in a manner
				inconsistent with the directions on the approved label and labeling shall
				constitute an illegal use of the pesticide. Restricted-use pesticides shall be
				applied only by licensed certified applicators or persons under their direct
				supervision.
B. If a commercial
				pesticide applicator uses a liability insurance policy as proof of financial
				responsibility, the applicator shall not apply pesticides exempted in the
				policy.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.14 - CHANGE OF BUSINESS STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any person issued a license under the Pesticide Control Act shall within ten
				(10) days notify the director in writing of any change of:
(1) employment;
(2) ownership of the firm;
(3) the business firm name, address or any
				pertinent data on his application;
(4) licensed employees.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.15 - DISPLAY AND STORAGE OF PESTICIDES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pesticides intended for distribution or
				sale shall be displayed or stored within an enclosed building or fenced area
				and shall not be displayed on sidewalks, parking lots or similar open
				areas.
B. Pesticides shall be
				stored in a manner that will reasonably insure that human foods, pet foods,
				drugs, animal feeds, commercial fertilizers, seeds or clothing will not be
				contaminated.
C. Pesticides in
				leaking, broken, corroded or otherwise damaged containers or with damaged or
				obscured labels, shall not be displayed or offered for sale.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.16 - IDENTIFICATION OF VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				service vehicles used by a commercial applicator for distributing pesticides or
				devices shall be marked with:
(1) name of the
				firm;
(2) commercial applicator's
				license number.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.17 - PESTICIDE DEALERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				applicant for a pesticide dealer license for outlets within New Mexico shall
				provide adequate facilities for the storage and distribution of restricted-use
				pesticides.
B. Each pesticide
				dealer shall keep a record of the sale of all restricted-use pesticides.
				Information to be recorded shall include:
(1)
				name and license number of the certified applicator;
(2) date of sale;
(3) brand name of the pesticide product and
				its EPA registration number;
(4)
				quantity of restricted-use pesticide sold.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.18 - LICENSE APPLICATION AND EXAMINATION: CERTIFICATION AND LICENSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant
				may elect to be examined in one or more of the classifications of pest control
				shown on the application. The examination fee, if applicable, shall be paid
				prior to administering any examination. If the applicant fails to pass any
				required examination, he may request, to take such failed examination at
				another date provided an additional examination fee, if applicable, is paid. A
				grade of seventy (70) shall be passing on all examinations.
B. If an applicant has not completed all
				license requirements within sixty (60) days from the date of the original
				application, then said applicant will be subject to the fees and requirements
				of a new applicant.
C. The director
				shall not consider any license application by any individual during the
				effective period of the license suspension or revocation of any license issued
				under the Pesticide Control Act.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.19 - REVIEW OF CERTIFICATION AND LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
The director may review any certification, license, or permit
				  to determine if there are grounds for denial, suspension, or revocation action.
				  A review shall be warranted in the case of:
A. violation of some provision of the
				Pesticide Control Act or regulations promulgated thereunder;
B. criminal conviction under Section 14(b) of
				the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as
				amended;
C. a final order imposing
				civil penalty under Section 14(a) of amended FIFRA;
D. certification obtained by cheating on an
				examination or providing false information about attendance or completion of
				required training or continuing education;
E. a license is obtained or utilized for
				reasons other than the intended purpose of allowing purchase or use of
				pesticides as required under the New Mexico Pesticide Control Act or
				regulations promulgated thereunder.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.20 - OPERATOR/TECHNICIAN TRAINING PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A new employee of a licensed commercial applicator may work
				  up to sixty (60) calendar days under a operator/technician training permit
				  provided another commercial applicator or technician licensed in New Mexico at
				  least 6 months is present on the application site. Prior to expiration of the
				  operator/technician training permit, permittees shall take the required
				  examination(s). The permit shall be issued on the request of a licensed
				  commercial applicator. The operator/technician training permit can not be
				  extended.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.21 - PROOF OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A commercial applicator license shall not
				be issued until the applicant has furnished proof of financial responsibility
				acceptable to the director. This requirement may be satisfied by:
(1) a certificate of liability insurance
				signed by an authorized insurance representative; or
(2) a certified copy of a liability insurance
				policy; or
(3) a surety
				bond.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.22 - MINIMUM COVERAGE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surety bond -- $100,000.
B. Liability insurance:
(1) Aircraft.
(a) Bodily injury -- $25,000 each occurrence,
				$50,000 aggregate.
(b) Property
				damage -- $50,000 each occurrence.
(c) Single limit bodily injury and property
				damage -- $100,000.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.23 - STORAGE AND DISPOSAL OF PESTICIDES AND PESTICIDE WASTES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pesticide waste
				and pesticides intended for use by commercial pesticide applicators shall be
				stored in enclosed, secured areas and shall be posted with warning signs in
				English and Spanish.
B. Pesticide
				wastes, provided they are not also hazardous pesticide wastes, shall be
				disposed of in an approved sanitary landfill.
C. Hazardous pesticide waste shall be
				disposed of in a permitted hazardous waste disposal site or in a designated
				area of an approved sanitary landfill under the supervision of the operator;
				provided, the department shall have the power to disallow disposal in an
				approved sanitary landfill if the hazardous pesticide waste is determined to be
				of such a nature that disposal should only be in a permitted hazardous waste
				disposal site.
D. Waste pesticide
				containers shall be crushed or rendered non-serviceable and disposed of in an
				approved sanitary landfill.
E.
				Rinsings and waste waters from the cleaning of pesticide apparatuses which can
				reasonably be expected to contain pesticide contaminants shall be contained in
				the cleanup area and not allowed to contaminate water or neighboring
				land.
F. Waste pesticides from
				livestock dipping vats shall be placed in evaporation ponds so as to avoid
				contamination of any surface or ground waters.
G. Pesticide waste or waste pesticide
				containers shall not be disposed of by open dumping, open burning, or water
				dumping in the state of New Mexico.
H. No pesticide waste shall be disposed of in
				any sewer or storm drain.
I. No
				pesticide waste or waste pesticide containers shall be disposed of in a manner
				inconsistent with its label or labeling.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.24 - VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director may
				grant a variance from any provision of 21.17.50.23 NMAC under special
				circumstances, provided such variance does not violate other state or federal
				laws.
B. A request for a variance
				shall be made to the director in writing and shall contain such information as
				the department deems necessary.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 50 - PESTICIDES › Section 21.17.50.25 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The annual
				registration fee for each pesticide or device registered shall be one hundred
				dollars ($100.00).
B. The annual
				pesticide dealer license fee for each location or outlet within the state, or
				if there is no outlet within the state, for the principal out-of-state location
				or outlet, shall be seventy five dollars ($75.00).
C. The annual pest management consultant
				license fee shall be seventy five dollars ($75.00).
D. The annual commercial applicator license
				fee shall be seventy five dollars ($75.00).
E. The annual operator/agricultural
				pilot/serviceman license fee shall be fifty dollars ($50.00).
F. The annual non-commercial applicator
				license fee shall be seventy five dollars ($75.00).
G. The private applicator certification fee,
				or renewal thereof, shall be fifteen dollars ($15.00).
H. The fee for each additional inspection
				required to certify a unit of aircraft, ground or manual equipment that fails
				to pass inspection shall be twenty-five dollars ($25.00).
I. The examination fee for each examination
				needed to qualify the applicant as a pest management consultant, commercial
				applicator, non-commercial applicator or operator/agricultural pilot/serviceman
				shall be ten dollars ($10.00) per examination.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 51 - CONTROL OF WOOD DESTROYING PESTS › Section 21.17.51.1 - 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 51 - CONTROL OF WOOD DESTROYING PESTS › Section 21.17.51.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 51 shall apply to all commercial applicators applying
				  pesticides in structures for the control of wood destroying pests or persons
				  making recommendations for restricted use pesticides for the control of wood
				  destroying pests in structures.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 51 - CONTROL OF WOOD DESTROYING PESTS › Section 21.17.51.3 - 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 Pesticide Control Act, Chapter 76, Article 4,
				  Sections 1 through 39, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 51 - CONTROL OF WOOD DESTROYING PESTS › Section 21.17.51.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 51 of Chapter 17 is to establish
				  certification, supervision, and record keeping requirements for persons
				  treating structures for wood destroying organisms, principally
				  termites.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 51 - CONTROL OF WOOD DESTROYING PESTS › Section 21.17.51.8 - TESTING AND EXPERIENCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certified applicators shall have at least
				one (1) year of experience in the classification of wood destroying pest
				control, have attended four (4) hours of approved training and pass the
				required certification examination in category 7D, wood destroying pest
				control, and shall attend four (4) hours of approved training annually
				thereafter.
B. Termite service
				technicians shall have attended four (4) hours of initial, approved training
				and pass a special test on the proper use for controlling wood destroying
				pests. Furthermore, termite service technicians shall attend four (4) hours of
				approved training annually thereafter.
C. Any person who performs inspections for
				wood destroying pests shall be licensed as a termite service technician, pest
				management consultant or commercial applicator in category 7D, and shall meet
				the training requirements in Subsection A of 21.17.51.8 NMAC.
D. Failure to meet the annual training
				requirements shall result in loss of certification in category 7D.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 51 - CONTROL OF WOOD DESTROYING PESTS › Section 21.17.51.9 - DIRECT SUPERVISION

Current through Register Vol. 35, No. 13, July 16, 2024
No restricted use pesticide shall be mixed or applied for the
				  control of wood destroying pests except by an applicator certified in category
				  7D, wood destroying pest control, or a licensed termite service
				  technician.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 51 - CONTROL OF WOOD DESTROYING PESTS › Section 21.17.51.10 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to
				any other records required under the Pesticide Control Act, Chapter 76, Article
				4, Sections 1 through 39, NMSA 1978 Compilation, each person certified in
				category 7D -- wood destroying pest control shall keep the following:
(1) name of the person for whom the pesticide
				was applied;
(2) mailing address of
				the person for whom the pesticide was applied;
(3) location of the treated
				property;
(4) brand name(s) and
				U.S. environmental protection agency registration number(s) of the
				pesticide(s);
(5) concentration
				expressed in percentage by weight and volume (gallons) of the pesticide
				applied;
(6) name of the certified
				applicator or termite service technician who was in direct supervision of the
				application at the job site;
(7)
				detailed drawing on graph paper of the foundation plan of the structure treated
				showing the type of building construction and the areas treated.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.1 - 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 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall apply to all persons certified to use
				  restricted-use pesticides -- commercial applicators, private applicators,
				  public applicators and non-commercial applicators.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.3 - 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 Pesticide Control Act, Chapter 76, Article 4,
				  Sections 1 through 39, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1996, 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 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 53 of Chapter 17 is to establish the
				  mechanism for granting continuing education units for the recertification of
				  private, commercial, non-commercial and public pesticide
				  applicators.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"
Continuing education unit
" (CEU) means a credit granted for the
				attendance and successful completion of an approved training or educational
				workshop or seminar held for the certification or recertification of private,
				commercial, non-commercial or public pesticide applicators.
B. "
Certification period
" means:
(1) the one year period following the year of
				issuance of a commercial, public or non-commercial applicator
				license;
(2) the five year period
				following the year of issuance of a private applicator license.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.8 - RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All commercial,
				public and non-commercial applicators shall be recertified annually following
				the initial issuance of their license.
B. A minimum of four (4) CEUs shall be
				required for the annual recertification of commercial, public or non-commercial
				applicators.
C. Private applicators
				shall be recertified every five years following the initial issuance of their
				certification.
D. A minimum of five
				(5) CEUs shall be required for recertification of private
				applicators.
E. No more than one
				(1) CEU per certification period shall be awarded for attendance at product
				sales meetings.
F. A maximum of one
				(1) CEU shall be awarded per certification period for approved in-house
				training programs.
G. The number of
				hours for recertification contained in this section are the minimum required
				for general recertification. Recertification in specific categories may require
				more than these minimums and may be specified in separate regulations relating
				to specific license categories.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.9 - APPROVAL OF RECERTIFICATION TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
NMDA shall have final and sole approval of any program
				  seeking CEUs and shall have complete authority in the awarding of CEUs for any
				  approved program.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.10 - GROUPING OF LICENSE CATEGORIES

Current through Register Vol. 35, No. 13, July 16, 2024
Training for recertification shall be grouped in one of the
				  following categories. NMDA shall make the final determination as to what
				  categories any approved recertification program shall apply.
A. pesticide use and safety;
B. wood destroying organisms;
C. private applicator.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 53 - CONTINUING EDUCATION UNITS FOR PESTICIDE APPLICATORS › Section 21.17.53.11 - AWARDING CONTINUING EDUCATION UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. One CEU shall be awarded for each hour of
				approved instruction or training, except for the following.
(1) A half CEU shall be the maximum awarded
				for any approved product sales meeting.
(2) One CEU shall be the maximum awarded for
				any approved in-house training program.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.1 - 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 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall apply to all persons using, selling, or
				  distributing restricted-use pesticides.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.3 - 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 Pesticide Control Act, Chapter 76, Article 4,
				  Sections 1 through 39, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1996, 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 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 56 of Chapter 17 is to establish the
				  classification and restrictions for purchase and use of certain
				  pesticides.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.8 - FEDERAL CLASSIFICATION OF PESTICIDES

Current through Register Vol. 35, No. 13, July 16, 2024
Any pesticide product or use classified for restricted-use by
				  the U.S. environmental protection agency shall be classified for restricted use
				  in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.9 - USE OF PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful to use any pesticide in a manner
				  inconsistent with the directions on its labeling; provided, the term
				  "inconsistent with the directions" shall not include:
A. applying a pesticide at any dosage,
				concentration, or frequency less than that specified on the labeling, provided
				this paragraph shall not apply to the use of termiticides;
B. applying a pesticide against any target
				pest not specified on the labeling if the application is to the crop, animal,
				or site specified on the labeling, unless the U.S. environmental protection
				agency has required that the labeling specifically state the pesticide may be
				used only for the pests specified on the labeling and the U.S. environmental
				protection agency has determined the use of the pesticide against other pests
				would cause an unreasonable adverse effect on the environment;
C. mixing a pesticide or pesticides with a
				fertilizer when such mixture is not prohibited by the labeling;
D. any use of a pesticide in conformance with
				sections 5, 18, or 24 of the federal Insecticide, Fungicide, and Rodenticide
				Act.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.10 - PURCHASE OF RESTRICTED-USE PESTICIDES

Current through Register Vol. 35, No. 13, July 16, 2024
A. It shall be unlawful for any person other
				than a licensed, commercial, non-commercial, or public applicator or certified
				private applicator to purchase a federal or state restricted-use
				pesticide.
B. It shall be unlawful
				for a pesticide dealer to knowingly sell any restricted-use pesticide to any
				person who is not a certified applicator, provided individuals under the direct
				supervision of a certified applicator may receive and transport restricted-use
				pesticides for the certified applicator.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.11 - STATE RESTRICTED-USE PESTICIDES

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.
A. State restricted-use insecticides:
				[REPEALED]
B. State restricted-use
				herbicides: In order to prevent unreasonable adverse effects on the
				environment, all formulations of the herbicides listed in this section shall be
				classified for restricted use in New Mexico, provided their labels or labeling
				contain directions primarily for use on agronomic crops, range or pasture
				lands, rights-of-way, forest, or non-croplands. Those products labeled
				primarily for use in ornamental, turf, or home garden plantings shall remain
				unrestricted.
(1)
				2,4-D/2,4-Dichlorophenoxyacetic acid.
(2) 2,4-DB/4-(2,4-Dichlorophenoxy)butyric
				acid.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 56 - RESTRICTED-USE PESTICIDES › Section 21.17.56.15 - APPLICATOR RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				New Mexico licensed and certified pesticide applicator shall maintain the
				following records for two years for all pesticide applications:
(1) all records as required under 21.17.50.10
				NMAC for restricted use pesticides;
(2) other records not listed above, when
				required by the worker protection standard, CFR 140, under authority of the
				federal Insecticide, Fungicide, and Rodenticide Act; and
(3) other records not listed above, when
				required under the United States department of agriculture private applicator
				recordkeeping program.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.1 - 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 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall apply to all persons using, selling or
				  distributing M-44 capsules or livestock protection collars.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.3 - 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 Pesticide Control Act, Chapter 76, Article 4,
				  Sections 1 through 39, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1996, 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 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 57 of Chapter 17 is to establish
				  limitations and the parameters for selling, distributing or using M-44 capsules
				  or compound 1080 in livestock protection collars.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions contained in the Pesticide
				  Control Act,
				  76-4-3,
				  (NMSA 1978), the following definitions shall also apply.
A.
"Department"
means the New
				Mexico department of agriculture.
B.
"Livestock protection collar"
means a collar-like device which contains the active ingredient sodium
				fluoroacetate (compound 1080) and is registered with the U.S. environmental
				protection agency (EPA) for the protection of livestock. The term "livestock
				protection collar" may be referred to as "LPC".
C.
"M-44 capsule"
means the
				sodium cyanide capsule, registered with the EPA for use in the M-44
				device.
D.
"M-44
				device"
means the patented spring-operated device designed to eject the
				sodium cyanide in an M-44 capsule into the mouth of target organisms.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.8 - PROHIBITED ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful:
A. to sell or transfer LPCs or M-44 capsules
				used in the M-44 device to persons not certified to use LPC or M-44 capsules
				respectively;
B. for any person to
				sell or transfer M-44 capsules unless licensed as an authorized M-44 pesticide
				dealer;
C. for any person to
				transfer LPCs except through the registrant;
D. to use LPCs or M-44 capsules without a
				copy of the label in the possession of the certified applicator;
E. to fill, load, or remove the toxicant from
				any LPC or M-44 capsule.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.9 - LICENSING OF PERSONS USING M-44 CAPSULES OR LIVESTOCK PROTECTION COLLARS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The LPC
				certification category is in addition to any other pesticide certification
				category. No other certification category covers the use of LPCs in the
				state.
B. The M-44 certification
				category is in addition to any other pesticide certification category. No other
				certification category covers the use of M-44 capsules in the state.
C. No person shall be certified or licensed
				to use LPCs or M-44 capsules unless they are a livestock producer, a permanent
				employee of a livestock producer or work for a government animal damage control
				program.
D. Any person using LPCs
				or M-44 capsules shall be a certified applicator. No LPCs or M-44 capsules
				shall be applied under the direct supervision of any other certified
				applicator.
E. The department may
				require re-training or re-testing when any applicator fails to comply with the
				LPC or M-44 capsule label or labeling, New Mexico Pesticide Control Act or its
				rules.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.10 - RECORDKEEPING, MONITORING AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each dealer or registrant shall maintain
				sales records for LPCs or M-44 capsules on forms prescribed by the department
				for at least two (2) years after the date of sale, and shall submit copies of
				those records annually to the department.
B. Where the department is the registrant,
				each order for registered M-44 capsules shall be accompanied by a record of
				livestock losses as specified in use restriction No. 7 of the M-44 use
				restriction bulletin.
(1) Orders shall not be
				processed until a record of livestock predation is on file.
(2) Documented livestock losses shall not be
				older than ninety (90) days prior to the date of the order for M-44 capsules,
				except that historic seasonal losses in a specified area shall be updated
				annually.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 57 - M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR › Section 21.17.57.11 - ACCIDENT REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				in-state dealer or certified applicator shall report accidents involving any
				suspected or actual poisoning of threatened or endangered species or humans
				involving LPCs or M-44 capsules used in the M-44 device to the department
				within one (1) working day by telephone. Phone 800-432-5310.
B. Each certified applicator shall report
				takings of domestic animals or non-target wild animals involving LPCs or M-44
				capsules used in the M-44 device to the department within thirty (30) days of
				the end of each calendar quarter.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.1 - 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 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 2 shall apply to any person distributing fertilizer or
				  soil conditioner products in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university under the New Mexico Fertilizer Act, Chapter 76, Article 11,
				  Sections 1 through 20, New Mexico Statutes Annotated 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 18 is to protect the
				  consumers of fertilizer and soil conditioner products by establishing standards
				  for the labeling and sale of plant food products.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Guaranteed analysis" means the minimum percentage of plant
				  nutrients claimed in the order and form as prescribed in
				  21.18.2.9
				  NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS › Part 2 - FERTILIZER PRODUCTS › Section 21.18.2.8 - EXEMPTIONS TO DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following materials are hereby declared exempt from the
				  definition of soil conditioners: peat moss, bark, pearlite and vermiculite;
				  provided that no claims are made as outlined in
				  76-11-3 R,
				  NMSA 1978.