reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 4 - METHOD OF SALE OF COMMODITIES › Section 21.16.4.9 - METHODS OF SALE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Berries and
				small fruits: Shall be offered and exposed for sale and sold by weight, or by
				volume. If sold by volume, berries and small fruits must be in measure
				containers having inch-pound capacities of one-half (1/2) dry pint, one (1) dry
				pint, or one (1) dry quart or SI capacities of two-hundred fifty (250)
				milliliters, five hundred (500) milliliters or one (1) liter. When sold by
				volume in measure containers, whether or not covered, the measure containers
				themselves shall not be packages for labeling purposes.
B. Bread: Bread kept, offered, or exposed for
				sale, whether or not packaged or sliced, shall be sold by weight. The wrappers
				of bread sold and expressly represented at the time of sale as "stale bread"
				shall not be considered packages for labeling purposes.
C. Butter, oleomargarine, margarine,
				butter-like and/or margarine-like spreads: Shall be offered and exposed for
				sale and sold by weight.
D. Flour,
				corn meal and hominy grits: Wheat flour, whole wheat flour, graham flour,
				self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour,
				corn meal and hominy grits, whether enriched or not, shall be packaged, kept,
				offered or exposed for sale and sold by weight.
E. Meat, poultry, fish and seafood:
(1) Shall be sold by weight, except whole
				shellfish in the shell may be sold by weight, measure or count.
(2) When meat, poultry, fish or seafood is
				combined with some other food element to form a distinctive food product, the
				quantity representation may be in terms of the total weight of the product or
				combination, and a quantity representation need not be made for each
				element.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005
				  Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All parties involved in the servicing or use of commercial
				  weighing or measuring devices.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.3 - 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 Weights and Measures Law, Chapter 57, Article 17, Sections
				  1 through 19, New Mexico Statutes Annotated, 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1997
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for the bonding and registration of
				  service technicians and service establishments for commercial weighing or
				  measuring devices.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commercial
				weighing or measuring device" means any device used or employed in establishing
				the quantity, weight, count, or size of products involving a monetary
				transaction or in computing any basic charge or payment for services rendered
				on the basis of weight or measure.
B. "Department" means the New Mexico
				department of agriculture.
C.
				"Director" means the director of the New Mexico department of
				agriculture.
D. "Full service
				establishment" means any person, firm, or company which for the purpose of
				direct or indirect benefit installs, services, repairs, or reconditions
				commercial weighing or measuring devices. (bond required)
E. "Limited service establishment" means any
				person, firm, or company which installs, services, repairs, or reconditions
				commercial weighing or measuring devices solely under its ownership. (no bond
				required)
F. "Service technician"
				means any individual employed by a full or limited service establishment who
				installs, services, repairs, or reconditions commercial weighing or measuring
				devices.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.9 - REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to
				installing, servicing, repairing or reconditioning any commercial weighing or
				measuring device in the state of New Mexico, a service establishment and each
				service technician employed by, or who is a part of, the service establishment
				shall be registered with the department. Application for registration shall be
				on a form supplied by the department with said form duly signed and witnessed.
				By applying for registration, the principal officer of the service
				establishment certifies that each service technician employed by the service
				establishment is fully competent to install, service, repair or recondition the
				class of devices for which registration is applied; has in their possession or
				available for use the required certified test standards and all necessary
				testing equipment, and required reference materials; and has full knowledge of
				all applicable laws, rules, and regulations. At the request of the department,
				an applicant shall submit appropriate evidence of qualifications.
B. This part shall not preclude or limit the
				right and privilege of any individual to install, service, repair, or
				recondition a commercial device owned by him or his employer. However, without
				registration, such individual is not permitted to remove an official
				out-of-order tag or place a device into commercial service.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.10 - ANNUAL REGISTRATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A complete registration will include payment of applicable
				  fees for the registrant and all service technicians as established by an
				  external policy memorandum.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.11 - BOND REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
With the application for full service registration, each
				  service establishment shall furnish a one thousand dollar ($1,000) surety bond
				  payable to the state of New Mexico, or other proof of financial responsibility
				  as may be prescribed by the director, for faithful performance of duty. A bond
				  or other proof of financial responsibility shall apply to each registered
				  service technician employed by the registered service establishment. The bond
				  or other proof of financial responsibility shall be in a form prescribed by the
				  director.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.12 - REGISTRATION CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt and acceptance of a properly executed
				  application, the required bond (full service only) and calibration certificate,
				  a "registration certificate" shall be issued for a period not to exceed one (1)
				  year. Registration certificates are non-transferable.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.13 - AUTHORITY AND RESPONSIBILITIES OF A REGISTRANT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A registered service technician or
				registered service establishment shall have the authority to:
(1) remove official tested and approved,
				out-of-order, and not sealed - not legal for trade stickers or tags;
(2) break seals on adjustment
				mechanisms;
(3) place into
				commercial service a device that has been officially rejected;
(4) place into commercial service a new or
				used device.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.14 - PLACE-IN-SERVICE REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Within five (5) calendar days after a new or used device is installed, or a
				device that has been officially rejected has been repaired, the original of the
				properly executed place-in-service report shall be sent to the department. The
				duplicate copy of the report shall be retained by the registered service
				establishment and the triplicate copy of the report shall be given to the owner
				or operator of the device.
B. A
				place-in-service report for the types of devices specified below shall be
				accompanied by the registered service establishment's test report which shows
				the device was tested and performing within applicable tolerances at the time
				the device was placed into service:
(1) For
				scales above two thousand (2,000) pounds or one thousand (1,000) kilograms
				capacity, a test report shall be required which shows that certified test
				weights were applied to test the scale to used capacity or ten thousand
				(10,000) pounds or five thousand (5,000) kilograms whichever is less.
(2) For meters (liquid measuring devices)
				with a capacity of more than twenty (20) gallons or seventy five (75) liters
				per minute, a test report shall be required which shows that a volumetric
				prover of sufficient capacity to receive a test draft as specified in NIST
				handbook 44 for the device under test was used to test and calibrate the
				device.
(3) For devices other than
				those described above, test reports may be required by the director if it is
				determined at his discretion that test reports are in the best interest of all
				concerned.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.15 - STANDARDS AND TESTING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A service technician or service
				establishment must possess or have available sufficient certified test
				standards to test in accordance with NIST handbook 44 requirements the class of
				devices for which registration is applied. Prior to registration, and at least
				annually thereafter, all standards and testing equipment used by the registered
				service technician or registered service establishment shall be examined by the
				department or another approved laboratory and a calibration certificate issued
				for all standards and testing equipment found to be acceptable. A copy of the
				calibration certificate for all standards and testing equipment used by the
				registered service technician or registered service establishment shall
				accompany the registration application.
B. A registered service technician or
				registered service establishment shall not use in installing, servicing,
				repairing, or reconditioning a commercial device any standards or testing
				equipment that has not been certified.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.16 - REVOCATION OF REGISTRATION CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
The director may suspend or revoke a registration certificate
				  in accordance with the procedures set forth in New Mexico department of
				  agriculture administrative procedures and remedies for enforcement actions
				  internal policy.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 5 - BONDING AND REGISTRATION OF SERVICE TECHNICIANS AND SERVICE ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR MEASURING DEVICES › Section 21.16.5.17 - LIST OF REGISTERED SERVICE ESTABLISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall maintain and supply upon request a list
				  of the registered service establishments.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 6 - PRICE REPRESENTATIONS › Section 21.16.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 6 - PRICE REPRESENTATIONS › Section 21.16.6.3 - 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 Weights and Measures Law, Chapter 57, Article 17, Sections
				  1 through 19, New Mexico Statutes Annotated, 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 6 - PRICE REPRESENTATIONS › Section 21.16.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the price representation requirements
				  for all retail sales displays of consumer commodities sold by weight, measure
				  or count.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 6 - PRICE REPRESENTATIONS › Section 21.16.6.9 - PRICE REPRESENTATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All retail sales displays of consumer commodities sold by
				  weight, measure, or count shall include price information as provided below. It
				  shall be the responsibility of the person or firm selling or offering the
				  commodity for sale to furnish correct price information.
A. Whenever an advertised, posted or labeled
				price per unit of weight, measure, or count includes a fraction of a cent, all
				elements of the fraction shall be immediately adjacent to, of the same general
				design and style, and at least one-half (1/2) the height and width of the
				numerals representing the whole cent.
B. Price information may be displayed by
				means of a sign, which offers the price for one or more brands and/or sizes of
				a given commodity, by means of a sticker, stamp, sign, label or tag affixed to
				the shelf upon which the commodity is displayed, or by means of a sticker,
				stamp, sign, label or tag affixed to the commodity itself.
C. Where a sign providing price information
				for one or more sizes or brands of a given commodity is used, that sign shall
				be provided clearly and in a nondeceptive manner in a central location as close
				as practical to all items to which the sign refers.
D. If a single sign or tag does provide the
				price information for more than one brand or size of a given commodity, the
				following information shall be provided:
(1)
				the identity and the brand name of the commodity;
(2) the quantity of the packaged commodity if
				more than one package size per brand is displayed; and
(3) the total retail sales price.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS › Section 21.16.7.3 - 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 Chile Advertising Act, Chapter 25, Article 11,
				  Sections 1 through 4, New Mexico Statutes Annotated 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS › Section 21.16.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 17, 2012, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS › Section 21.16.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the New Mexico chile advertising
				  requirements for New Mexico chile and products offered for sale containing New
				  Mexico chile.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS › Section 21.16.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Board" means
				the board of regents of New Mexico state university.
B. "Department" means New Mexico department
				of agriculture.
C. "Director" means
				the director of the New Mexico department of agriculture.
D. "New Mexico chile" referred to in these
				rules is capsicum annum. Capsicum annum includes all chile varieties comprising
				that species grown in New Mexico.
E. "Vendor" means any person or business that
				is involved in the sale of chile or chile products.
F. "Verification form" is a guarantee by the
				submitter that chile sold as New Mexico chile was grown in New
				Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS › Section 21.16.7.9 - METHOD OF SALE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A five percent by weight maximum tolerance
				of non-New Mexico chile is allowed. This tolerance is necessary because of the
				potential mixture of New Mexico grown and non-New Mexico grown lots on grading
				tables, harvesting equipment, processing equipment, conveying equipment,
				cooking pots, display tables, and the use of natural chile derived heat
				extract.
B. Blending of up to five
				percent by weight of non-New Mexico chile will be allowed to meet the sales
				orders for Scoville scale (heat level) and ASTA (color).
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS › Section 21.16.7.10 - VERIFICATION AND RECORD REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Submission of verification form
				requirement for processed chile:
(1) Each
				chile vendor of products offered for sale containing New Mexico chile or
				product that reasonably implies that the chile peppers are, or the product
				contains, New Mexico chile
,
must fill out, sign, and
				submit a verification form to the department. Verification forms must be
				submitted within three months of institution of these rules for existing
				vendors and within one month for new vendors starting a business. The
				department will supply a verification form (available at the department and on
				the website) which includes:
(a) a guarantee
				by the submitter that record keeping requirements are being met for chile
				advertised as New Mexico chile;
(b)
				a guarantee by the submitter that chile sold as New Mexico chile was grown in
				New Mexico;
(c) a guarantee that
				the regulations are being followed by those selling chile as New Mexico
				chile.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS › Section 21.16.7.11 - EMERGENCY WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
Any or all of the provisions of this rule may be temporarily
				  waived by the director when he determines, at his discretion, that an emergency
				  warrants such waiver.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 9 - WEIGHMASTER BONDING REQUIREMENTS › Section 21.16.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 9 - WEIGHMASTER BONDING REQUIREMENTS › Section 21.16.9.3 - 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 Weighmaster Act, Chapter 57, Article 18, Sections 1
				  through 26, New Mexico Statutes Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 9 - WEIGHMASTER BONDING REQUIREMENTS › Section 21.16.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part specifies the means by which a weighmaster shall
				  meet the bonding requirements of the New Mexico Weighmaster
				  Act.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 9 - WEIGHMASTER BONDING REQUIREMENTS › Section 21.16.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Director" means the director of the New
				Mexico department of agriculture.
C. "Public weighing" means the determination
				of any weight upon which a sale is based, or upon which a basic charge or
				payment for services rendered is based, when the person making the weight
				determination is not a party to, or an agent of the party to, the transaction
				upon which the weight is based.
D.
				"Weighmaster" means any person who performs public weighing as defined in
				Subsection C of 21.16.9.7 NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 10 - CHECKING THE NET CONTENTS OF PACKAGED GOODS › Section 21.16.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico
				  88003-8005, Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 10 - CHECKING THE NET CONTENTS OF PACKAGED GOODS › Section 21.16.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All manufacturers, packers, distributors and retailers of
				  consumer commodities.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 10 - CHECKING THE NET CONTENTS OF PACKAGED GOODS › Section 21.16.10.3 - 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 Weights and Measures Law, Chapter 57, Article 17, Sections
				  1 through 19, New Mexico Statutes Annotated, 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 10 - CHECKING THE NET CONTENTS OF PACKAGED GOODS › Section 21.16.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the procedure for compliance testing
				  and checking the net contents of packaged goods.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 10 - CHECKING THE NET CONTENTS OF PACKAGED GOODS › Section 21.16.10.9 - PACKAGED GOODS

Current through Register Vol. 35, No. 13, July 16, 2024
The procedure for compliance testing and checking the net
				  contents of packaged goods shall be those contained in the latest edition of
				  national institute of standards and technology (NIST)
				  handbook-133.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005
				  Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.3 - 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 Weights and Measures Law, Chapter 57, Article 17, Sections
				  1 through 19, New Mexico Statutes Annotated, 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for assessment of administrative penalties
				  for violations of the Weights and Measures Law or rules adopted under the act
				  and specifies the appeal process.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Director" means the director/secretary of
				the New Mexico department of agriculture.
C. "Division director" means the director of
				the division of standards and consumer services within the New Mexico
				department of agriculture.
D.
				"Inspector" means an individual employed by the New Mexico department of
				agriculture who, under the direction of the director, is granted the same
				authority as the director for the administration of the Weights and Measures
				Law and associated rules.
E.
				"Violation /offense" means disregard of field enforcement actions or the
				law.
F. "Routine inspection" means
				inspections conducted within the prescribed guidelines for frequency.
G. "Testing and inspection procedures" means
				procedures adopted from various handbooks, rules and reference materials which
				include, but are not limited, to
the following: the national institute
				of standards and technology (NIST) handbook 44, specifications, tolerances, and
				other technical requirements for weighing and measuring devices; NIST handbook
				133, checking the net contents of packaged goods; NIST handbook 112,
				examination procedure outlines for commercial weighing and measuring devices a
				manual for weights and measures officials; the New Mexico department of
				agriculture, examination procedure for price verification.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.9 - ASSESSING PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The assessment of administrative penalties will be used as
				  intermediate step between field enforcement actions and court action, or when
				  stop sale orders are not appropriate or have proven to be ineffective in
				  resolving a problem, and not as a daily punitive enforcement tool. All monies
				  derived from administrative penalties to be deposited in the state general fund
				  after all expenses. When a duly authorized agent of the director finds, in his
				  judgment, that a person has violated a provision of law or rules adopted
				  pursuant to law, with concurrence of the supervisor, he shall notify the person
				  in writing that the department intends to assess a penalty in accordance with
				  the provisions of this rule. Such penalty may be in addition to or in lieu of
				  administrative actions, such as stop sale orders. The department also reserves
				  the right to file criminal charges according to the provisions of the laws
				  administered by the department.
A. The
				inspector shall notify his division director, through his immediate supervisor,
				of the proposed penalty. The division director shall review the facts in the
				case, and may request additional information. If the division director
				determines there should be no penalty assessed, the alleged violator shall be
				notified in writing.
B. If the
				division director, after careful review and consideration determines there
				should be a penalty assessed, he shall make recommendation to the director as
				to the amount and nature of the penalty. The director shall review the facts in
				the case, and may request additional information. If the director determines
				there should be no penalty, the alleged violator shall be notified in writing
				by the division director. If the director determines a penalty is warranted by
				the facts in the case, he shall notify the alleged violator of the amount and
				nature of the penalty. Violations/offenses are per business location not per
				company and will be based on offenses per routine inspection. All inspections
				will be based on adopted testing and inspection procedures. In making his
				determination as to the nature and amount of penalty, the director shall be
				guided by Sections 10, 11, 12, and 14 of this part.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.10 - GRAVITY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Factors: Any one or all of the following factors may be considered in
				determining the gravity of a violation.
(1)
				Potential monetary consequences.
(2) Degree of inconvenience or deception to a
				buyer or prospective buyer.
(3)
				Degree of disregard for the law.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.11 - FREQUENCY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
The more frequently a person commits the same violation, the
				  greater the penalty shall be, as provided by the table in Section 14.
A. When a person commits the same violation
				three (3) or more times in a twelve (12) month period, double the penalty for
				the third violation shall be assessed.
B. The period of time in determining
				frequency of violations shall be a twelve (12) month period. If a person has
				not committed the same offense in a twelve (12) month period, the next offense
				shall be considered as a first offense.
C. A person who has committed the same
				offense three times in five (5) years shall not be protected by the twelve (12)
				month limitation and shall be subject to the penalty for the third
				offense.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.12 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				accused of a violation for which a penalty has been assessed may request a
				hearing before the director to contest the amount of the penalty or whether the
				violation occurred or both.
B. A
				request for a hearing before the director must be in writing and must be
				submitted within fifteen (15) days of notification of penalty.
C. In the event the alleged violator does not
				feel the department followed the correct procedures in arriving at a decision
				in his/her case, the individual may ask the district court to review the
				administrative proceedings and penalty in the manner and to the extent provided
				by the laws of New Mexico. If the penalty is not set aside or abated, the
				original penalty is due and payable as provided in Section 13.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.13 - PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
If no hearing is requested, the penalty is due and payable
				  within thirty (30) days of the issuance of notice of the violation. Failure to
				  pay will be considered an additional offense and the penalty originally applied
				  will be doubled.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 11 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHTS AND MEASURES LAW › Section 21.16.11.14 - PENALTY TABLE

Current through Register Vol. 35, No. 13, July 16, 2024
TABLE I
FIRST OFFENSE
SECOND OFFENSE
THIRD OFFENSE
Gravity
A
B
C
A
B
C
A
B
C
$250.
$1000.
$1500.
$2000.
$2500.
$3000.
$3500.
$4000.
$5000.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005
				  Telephone: (575) 646-3007]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.3 - 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 Weighmaster Act, Chapter 57, Article 18, Sections 1
				  through 26, New Mexico Statutes Annotated, 1978 Compilation as amended by
				  Chapter 80, Laws of 1979.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides for assessment of administrative penalties
				  for violations of the Weighmaster Act or rules adopted under the act and
				  specifies the appeal process.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico department of agriculture.
B. "Director" means the director/secretary of
				the New Mexico department of agriculture.
C. "Division director" means the director of
				the division of standards and consumer services within the New Mexico
				department of agriculture.
D.
				"Inspector" means an individual employed by the New Mexico department of
				agriculture who, under the direction of the director, is granted the same
				authority as the director for the administration of the Weighmaster Act and
				associated rules.
E. "Violation
				/offense" means disregard of field enforcement actions or the law.
F. "Routine inspection" means inspections
				conducted within the prescribed guidelines for frequency.
G. "Testing and inspection procedures" means
				procedures adopted from various handbooks, rules and reference materials which
				include, but are not limited, to the following:
the national institute
				of standards and technology (NIST) handbook 44, specifications, tolerances, and
				other technical requirements for weighing and measuring devices; NIST handbook
				112, examination procedure outlines for commercial weighing and measuring
				devices a manual for weights and measures officials.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.9 - ASSESSING PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The assessment of administrative penalties will be used as an
				  intermediate step between field enforcement actions and court action, or when
				  out of orders are not appropriate or have proven to be ineffective in resolving
				  a problem, and not as a daily punitive enforcement tool. All monies derived
				  from administrative penalties to be deposited in the state general fund after
				  all expenses. When a duly authorized agent of the director finds, in his
				  judgment, that a person has violated a provision of law or rules adopted
				  pursuant to law, with concurrence of the supervisor, he shall notify the person
				  in writing that the department intends to assess a penalty in accordance with
				  the provisions of this rule. Such penalty may be in addition to or in lieu of
				  administrative actions. The department also reserves the right to file criminal
				  charges according to the provisions of the laws administered by the
				  department.
A. The inspector shall
				notify his division director, through his immediate supervisor, of the proposed
				penalty. The division director shall review the facts in the case, and may
				request additional information. If the division director determines there
				should be no penalty assessed, the alleged violator shall be notified in
				writing.
B. If the division
				director, after careful review and consideration determines there should be a
				penalty assessed, he shall make recommendation to the director as to the amount
				and nature of the penalty. The director shall review the facts in the case, and
				may request additional information. If the director determines there should be
				no penalty, the alleged violator shall be notified in writing by the division
				director. If the director determines a penalty is warranted by the facts in the
				case, he shall notify the alleged violator of the amount and nature of the
				penalty. Violations/offenses are per business location not per company and will
				be based on offenses per routine inspection. All inspections will be based on
				adopted testing and inspection procedures. In making his determination as to
				the nature and amount of penalty, the director shall be guided by Sections 10,
				11, 12, and 14 of this part.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.10 - GRAVITY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Factors: Any one or all of the following factors may be considered in
				determining the gravity of a violation.
(1)
				Potential monetary consequences.
(2) Degree of inconvenience or deception to
				the user or prospective user.
(3)
				Degree of disregard for the law.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.11 - FREQUENCY OF VIOLATION

Current through Register Vol. 35, No. 13, July 16, 2024
The more frequently a person commits the same violation, the
				  greater the penalty shall be, as provided by the table in Section 14.
A. When a person commits the same violation
				more than three (3) times in a twelve (12) month period, double the penalty for
				the third violation shall be assessed.
B. The period of time in determining
				frequency of violations shall be a twelve (12) month period. If a person has
				not committed the same offense in a twelve (12) month period, the next offense
				shall be considered as a first offense.
C. A person who has committed the same
				offense three times in five (5) years shall not be protected by the twelve (12)
				month limitation and shall be subject to the penalty for the third
				offense.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.12 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				accused of a violation for which a penalty has been assessed may request a
				hearing before the director to contest the amount of the penalty or whether the
				violation occurred or both.
B. A
				request for a hearing before the director must be in writing and must be
				submitted within fifteen (15) days of notification of penalty
C. In the event the alleged violator does not
				feel the department followed the correct procedures in arriving at a decision
				in his/her case, the individual may ask the district court to review the
				administrative proceedings and penalty in the manner and to the extent provided
				by the laws of New Mexico. If the penalty is not set aside or abated, the
				original penalty is due and payable as provided in Section 13.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.13 - PAYMENT OF PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
If no hearing is requested, the penalty is due and payable
				  within thirty (30) days of the issuance of notice of the violation. Failure to
				  pay will be considered an additional offense and the penalty originally applied
				  will be doubled.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES › Part 12 - APPLYING ADMINISTRATIVE PENALTIES: WEIGHMASTER ACT › Section 21.16.12.14 - PENALTY TABLE

Current through Register Vol. 35, No. 13, July 16, 2024
TABLE I
FIRST OFFENSE
SECOND OFFENSE
THIRD OFFENSE
Gravity
A
B
C
A
B
C
A
B
C
$250.
$1000.
$1500.
$2000.
$2500.
$3000.
$3500.
$4000.
$5000.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.1 - 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. (505) 646-3007.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 2 shall apply to all persons selling nursery stock in
				  New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.3 - 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 Plant Protection Act, Chapter 76, Article 5, Sections 11
				  through 28, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 17 is to establish annual
				  fees for nursery inspections, licenses, and collected plants permits; and to
				  establish standards to maintain the health and vigor of nursery stock offered
				  for sale in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 17 - PEST, DISEASE, AND WEED CONTROL › Part 2 - PLANT NURSERY LICENSING AND INSPECTION › Section 21.17.2.8 - LICENSE YEAR

Current through Register Vol. 35, No. 13, July 16, 2024
The license year shall be a twelve month period from October
				  1 to September 30. Licenses, certificates or permits issued at any time during
				  the license year shall expire on September 30 following
				  issuance.