reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Fixed
				Buying Location"
means locations in which the purchase of in-shell
				pecans is conducted from a building or other structure.
B.
"Mobile Buying Location"
means location in which the purchase of in-shell pecans is conducted
				from a vehicle or a location not defined as a fixed buying location.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.8 - 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, for a current licensing period, shall expire on September 30
				  following issuance. Licenses, certificates or permits shall be issued by New
				  Mexico Department of Agriculture.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.9 - LICENSE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				fixed buying locations, a pecan buyer's license shall be required for each
				buying location. An application form for a fixed buying location shall include
				the following:
(1) name of the business
				submitting for a license;
(2) name
				of the owner of the businesses submitting for a license;
(3) valid mailing address, telephone number,
				and email of person authorized to request a license for each buying
				location;
(4) physical address or
				directions for each buying location to include sufficient information to be
				located for on-site inspections;
(5) physical address or directions where
				buying records are maintained to include sufficient information to be located
				for on-site inspections; and
(6)
				days and hours of operation to include seasonal deviations.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.10 - BUYERS' RECORD REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Shall include the following:
A. information obtained by each buyer of
				in-shell pecans from the seller shall include:
(1) location and date of the
				purchase;
(2) name, telephone
				number, and address of the seller;
(3) street address or physical location of
				the tree or the farm from where the in-shell pecans originated;
(4) personal identification number obtained
				from either a drivers' license, military identification card, or passport
				issued by the United States;
(5)
				license plate number, make and model of the seller's motor vehicle;
				and
(6) total weight of the
				in-shell purchased.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.11 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Acceptable forms of payment shall be identified by the
				  department. Licenses and location permits shall be displayed at each licensed
				  or permitted location for public viewing.
A. For fixed locations, the annual pecan
				buyer's license fee shall be three hundred dollars ($300) per physical
				location.
B. For mobile buying
				locations, the annual pecan buyer's license fee shall be two hundred and
				seventy five dollars ($275) per mobile unit engaged in the purchase of in-shell
				pecans. For each buying location that a vehicle operates from, the annual fee
				for a location permit shall be twenty five dollars ($25).
C. Fees are not refundable after a pecan
				buyer's license or location permit has been issued by the department.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 19 - PEST, DISEASE, AND WEED CONTROL › Part 2 - NMDA RULE MAKING PROCEDURES › Section 21.19.2.12 - LICENSE TRANSFERS

Current through Register Vol. 35, No. 13, July 16, 2024
Fees and licenses are not transferable between locations or
				  businesses.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.1 - 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, Telephone No.
				  (575) 646-3007.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All individuals, businesses, agencies, institutions, or
				  other entities engaged in the production of hemp in New
				  Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.3 - 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 Industrial Hemp Research and Development Program Act,
				  Chapter 76, Article 24, Section 2, NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.4 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 11, 2018, unless a later date is cited at the end of
				  the section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establishes rules regulating the licensing of growers
				  producing hemp in New Mexico and the establishment of testing processes to
				  ensure uniformity to the definition of hemp.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Annual
				Production License"
means license issued for the production of a single
				crop that is destroyed within 240 days of planting.
B.
"Applicant"
means
				individuals, businesses, agencies, institutions, or other entities that have
				submitted an application to the department.
C.
"Application"
means documents
				submitted to the department by an applicant as part of the process for
				obtaining a hemp production license for a single location.
D.
"Business Day"
means normal
				business hours and days as defined by New Mexico State University
				policy.
E.
"Cannabis"
means a plant of the genus cannabis.
F.
"Continuous Production
				License"
means license issued for the production of hemp as part of a
				plant nursery, greenhouse or similar operation in which viable hemp plant(s)
				are produced or present throughout the year in a location.
G.
"Crop"
means planting of one
				or more hemp varieties within a two week (2 week) contiguous period within a
				location. Cannabis varieties, not planted within a two week period within a
				location, shall be subject to a separate license and license fee.
H.
"Department"
means the New
				Mexico Department of Agriculture.
I.
"Destroy(ed)"
meaning method
				approved by the department to ensure non-viability of a cannabis plant. Methods
				may include shredding, disking, burning, or other methods as prescribed by the
				director.
J.
"Director"
means the director/secretary of New Mexico Department
				of Agriculture or designee.
K.
"Hemp"
means the plant Cannabis sativa L. and any part of the
				plant, whether growing or not, containing a delta-9-tetrahydrocannabinol
				concentration of no more than three-tenths percent (.3 %) on a dry weight
				basis.
L.
"License"
means document issued to an applicant by the department authorizing a licensee
				to produce hemp at a location.
M.
"Licensee"
means individuals, businesses, agencies, institutions,
				or other entities that possess a valid hemp production license.
N.
"Location"
means one
				contiguous growing area of any size, or multiple non-contiguous growing areas,
				totaling no more than 10 acres, within a 2.5 mile radius. Non-contiguous
				growing areas must be owned or leased by a single licensee.
O.
"THC"
means delta-9
				tetrahydrocannabinol.
P.
"Variety"
means cannabis cultivar or strain with known or unknown
				THC levels.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.8 - APPLICATION/LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual
				Production License:
Applicants cultivating hemp for annual production
				shall apply for an annual hemp production license no less than 25 business days
				prior to planting of each crop at each location. The effective date of an
				application received by the department shall be the date postmarked on a
				properly completed application received by mail. The effective date of
				application for documents submitted in person shall be the actual calendar date
				the applicant presents a properly completed application. Incomplete or
				improperly completed applications will be identified as invalid by the
				department and returned to the applicant for completion or correction. A
				separate application and application fee are required prior to planting of each
				new crop at each location. An annual hemp production license is valid for 240
				days after date of issuance, or until crop destruction, whichever occurs first,
				for specified cannabis varieties grown annually at the specified location
				identified in the application.
B.
Continuous Production License:
Applicants cultivating hemp for
				continuous production and propagation purposes shall apply for a continuous
				production license no less 25 business days prior to planting or prior to other
				propagative activities. Applicants producing hemp in continuous production
				shall apply for a renewal of their continuous production license prior to
				February 1 of each year as defined by department policy. A separate application
				and application fee are required for each licensed location. Incomplete or
				improperly completed renewal applications will be identified as invalid by the
				department and returned to the applicant for completion or correction. The
				effective date of a renewal application received by the department shall be the
				date postmarked on a properly completed application received by mail. The
				effective date of application for renewal application, submitted in person,
				shall be the actual calendar date the applicant presents a properly completed
				application. A continuous production license expires January 31 of each
				year.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.9 - LICENSEE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensee shall:
A.
				submit all required documents by due dates specified by the
				department;
B. not reassign or
				transfer to another business, location, individual, or other entity a
				license;
C. destroy cannabis
				varieties covered under this rule and found not to be in compliance with
				requirements set forth in this rule or department policy;
D. not sell, transport, process, or utilize a
				cannabis variety in any manner without a valid document issued by the
				department demonstrating compliance with requirements set forth in regulations
				or department policies;
E. remit
				payment to the department for fees associated with enforcement of this rule
				within 20 calendar days of receipt of notice; and
F. follow all state and federal requirements
				relevant to hemp production.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.10 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fees associated
				with the application for a license shall include but not exceed the following
				stated amounts for each license:
(1) Annual
				production license: $800 per location.
(2) Continuous production license: $900 per
				location.
(3) Additional $100 late
				fee for continuous production license renewal application received after
				February 1.
(4) Annual inspection
				fees for continuous and annual licenses per location:
(a) Outdoor production: $6.00 per acre;
				minimum $6.00.
(b) Indoor
				production: $0.75 per 1,000 square feet; minimum $5.00.
(c) Additional varietal fee: $25 per variety
				in excess of one variety.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.11 - INSPECTION/SAMPLING/TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All locations
				are subject to inspections by department staff or its authorized agents,
				without prior notification, to verify application information and compliance
				with rule requirements.
B. Unless
				directed otherwise by the department, all cannabis variety samples collected in
				support of obtaining a THC determination, shall be collected by the licensee at
				the direction and supervision of department staff. Licensee shall be
				responsible for delivery of cannabis variety samples to a department-approved
				laboratory, within five calendar days of sampling, to determine THC content
				using quantification methods approved by the department. It is the
				responsibility of each licensee to ensure the department receives THC
				quantification results for each sample prior to harvest, processing, or
				utilization of a cannabis variety in any manner. Licensee shall be financially
				responsible for costs associated with delivery and testing of samples. Sampling
				methodology shall be defined in department in policy.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.12 - NONCOMPLIANT VARIETIES

Current through Register Vol. 35, No. 13, July 16, 2024
A sample test result containing a delta-9-
				  tetrahydrocannabinol concentration of more than three-tenths percent (.3
				  percent) on a dry weight basis (post decarboxylation) shall constitute evidence
				  that at least one cannabis variety, plant or part of a plant in a location does
				  not meet the THC requirements for hemp. Cannabis varieties, within a location,
				  exhibiting THC levels greater than three-tenths of one percent (0.3 percent)
				  shall be destroyed by a date determined by the department. The licensee is
				  responsible for all costs related to crop destruction. Licensee may be provided
				  the opportunity to resample and retest, pursuant to department
				  policy.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.13 - VIOLATIONS/PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
It is a violation of state and federal law to produce hemp
				  without a valid hemp production license. Individuals, businesses, agencies,
				  institutions, or other entities responsible for locations producing hemp,
				  without a valid license will be provided five business days, after receipt of
				  notification by the department, to submit a valid application or destroy the
				  crop/plant. In accordance with state or federal law, the department may suspend
				  or deny a license.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 2 - HEMP CULTIVATION RULE › Section 21.20.2.15 - RECORD RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall retain applicant records including legal
				  descriptions of hemp production locations for a period of no less than three
				  years and in compliance with state records retention
				  schedules.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State University, New Mexico Department of
				  Agriculture, MSC 3189, Box 30005, Las Cruces, New Mexico 88003, Telephone No.
				  (575) 646-3007.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons engaged in:
A. Testing of raw hemp for regulatory
				purposes as identified by New Mexico Department of Agriculture or;
B. Plant breeding for the purpose of
				developing improved or new hemp varieties in which breeding activities involve
				the possession of viable plants that are in excess of three-tenths percent and
				less than five percent THC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the Board of Regents of New Mexico State
				  University under the Hemp Manufacturing Act, Chapter 76, Article 24, Section 1,
				  NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 2019, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish licensing and operational standards for persons
				  testing raw hemp for regulatory purposes, as identified by the department, or
				  persons engaged in the breeding of new or breeding for improving existing hemp
				  varieties in which practices may involve the possession of viable plants and
				  plant material in excess of three-tenths percent and less than five percent
				  THC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Applicant"
means individual, business, agency, institution, or
				other entity that is in the process of or has submitted an application to the
				department for a Laboratory Hemp Testing License, or a Special Hemp Breeding
				License.
B.
"Cannabis"
means a plant of the genus cannabis.
C.
"Department"
means the New
				Mexico Department of Agriculture.
D.
"Hemp"
means the plant
				Cannabis sativa L. and any part of that plant, including seeds and all
				derivatives, extracts, cannabinoids, isomers, acids, salts and salts of
				isomers, whether growing or not, with a THC concentration of not more than
				three-tenths percent on a dry weight basis.
E.
"Hemp Harvest Certificate"
means a certificate, license, permit or other document pursuant to rules
				adopted under the Hemp Manufacturing Act for use during transportation of hemp
				or hemp-derived material, whether in the possession of a person or
				electronically verified by a law enforcement agency.
F.
"Hemp Testing"
means testing
				of cannabis for regulatory purposes identified by New Mexico Department of
				Agriculture for total THC concentrations.
G.
"License"
means document
				issued to an applicant by the department authorizing a person to engage in
				activities identified by the department.
H.
"Director"
means New Mexico
				Director/Secretary of Agriculture or designee.
I.
"SOP"
means written standard
				operating procedures detailing instructions related to specific
				tasks.
J.
"THC"
means
				delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method
				and based on percentage dry weight."
K.
"Varieties"
means cannabis
				cultivar or strain with known or unknown THC levels.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.8 - LICENSE YEAR

Current through Register Vol. 35, No. 13, July 16, 2024
The license year for a Laboratory Hemp Testing License or for
				  the Special Hemp Breeding License shall be a 12-month period from February 1
				  through January 31. Licenses, certificates or permits issued at any time during
				  the license year shall expire on January 31 following
				  issuance.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.9 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The annual fee
				for a Laboratory Hemp Testing License shall not exceed five-hundred dollars
				($500).
B. The annual fee for a
				Special Hemp Breeding License shall not exceed five-hundred dollars
				($500).
C. Once an appropriate
				license has been issued by the department, fees collected for licenses or
				certificates are nonrefundable.
D.
				Double fees required because of late renewal of licenses in Subsections A and B
				21.20.3.9 NMAC shall be twice the amount stated for the appropriate
				license.
E. Fees may be waived by
				the director, when, in their discretion, special circumstance warrant such a
				waiver.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.10 - EFFECTIVE DATE OF APPLICATION AND PAYMENT OF DOUBLE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The effective date of application for
				license renewals by mail shall be the date postmarked on the applicant's
				properly completed application package. Renewal packages postmarked January 31
				or before may be considered for renewal at single fee rates as described in
				Subsections A and B of 21.20.3.9 NMAC. Renewal packages postmarked February 1
				or later are considered late; these packages will be returned to the applicant
				along with appropriate paperwork for renewal at double fee rates as described
				in Subsection D of 21.20.3.9 NMAC.
B. The effective date of application for
				license and permit renewals done in person shall be the actual calendar date
				when the properly completed application or renewal package is presented to the
				department. These application or renewal packages may be received by the
				department only during regular business hours.
C. Incomplete or improperly completed
				application or renewal packages will be so identified by the department and
				returned to the applicant for completion or correction. The effective date of
				application shall be the date postmarked on the original envelope for packages
				received by mail; the effective date of application for packages submitted in
				person shall be the actual calendar date the applicant first presents the
				package to the department office. This presentation shall occur during regular
				business hours only.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.11 - LABORATORY HEMP TESTING LICENSE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons engaged in the testing of raw hemp
				for the purpose of supporting regulatory requirements established by the
				department shall be licensed by the department.
B. Prior to issuance of a Laboratory Hemp
				Testing License by the department, applicants shall demonstrate expertise
				directly related to quantification of specific compounds in cannabis under the
				following requirements:
(1) Analytical
				proficiency directly related to the quantification of THC by qualifying under
				one or more of the following:
(a) Have
				successfully completed a proficiency test administered by a department approved
				entity using department approved methodologies within the past six
				months.
(b) Currently approved for
				the quantification of THC in cannabis by another state agency or other entity
				that has been recognized by the department.
(c) Other qualifying requirements as allowed
				by the director or established in policy.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.12 - SPECIAL HEMP BREEDING LICENSE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons breeding for new or improved
				varieties of hemp and that may possess viable plants or plant material in
				excess of three-tenths percent and less than five percent THC shall be licensed
				by New Mexico Department of Agriculture.
B. Application requirements by persons
				applying for a Special Hemp Breeding License shall comply with but not limited
				to the following:
(1) If the applicant is a
				business, agency, institution, or other entity, the application shall identify
				the specific person the license shall be issued to and is responsible for
				activities covered under this rule.
(2)Submission to the department for review
				and approval all SOPs related to record retention for plants believed to be in
				excess of three-tenths percent and less than five percent THC, and disposal and
				destruction of plant material in excess of three-tenths percent THC.
(3) Submission to the department for review
				and approval plant breeder's credentials, and breeding objectives.
(4) Provide department staff access to
				locations licensed under the Special Hemp Breeding License for the purpose of
				determining compliance with state rules and policies.
(5) Other requirements as developed and
				stated in policy.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 20 - HEMP CULTIVATION RULE › Part 3 - HEMP MANUFACTURING RULE › Section 21.20.3.13 - NON-COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
If any licensee is found to have violated any of the
				  provisions of this rule, policies, or orders of the department, the license may
				  be revoked or suspended for a period of time identified by the
				  director.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NM Beef Council Act
				  77-2A-1 to
				  77-2A-9;
				  77-2A-10; 77-2A-11
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 18, 1993, unless a different date is cited at the end
				  of a section or paragraph.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective is to prescribe the process for the election of
				  NM Beef Council officers, to establish procedures for setting meeting dates and
				  notification of meeting dates, to establish reimbursement procedures for NM
				  Beef Council Directors, to establish accountability to NMDA for submission of
				  the budget, to state procedures for adopting, amending and filing rules and
				  regulations, to establish procedures for fiscal records and disbursements and
				  to delineate causes for removal of members.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.8 - OFFICERS - ELECTION - DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Election of Officers. The council shall at
				its annual meeting elect a chairman, vice chairman, secretary, and other
				officers, as it deems necessary, from among its members.
B. Eligibility. Any member of the council is
				eligible as an officer except ex-officio members. Ex-officio members have no
				voting rights.
C. Tenure and
				Vacancy. Each officer of the council shall be elected for a one-year term and
				shall not serve in that office for more than two consecutive terms. Any vacancy
				shall be filled by election at the next council meeting. Election to a vacant
				office shall be for the unexpired term of the vacancy.
D. Duties of the Chairman. The council
				chairman shall perform the duties stated in Section 6 of the Act, Section
				77-2A-6
				NMSA 1978 as amended. The chairman shall preside at council meetings and shall
				be vested with the same (moving and voting) privileges accorded any other
				member. The chairman shall sign the official Minutes of all meetings after the
				council has approved same. The chairman shall perform such other duties as may
				be stated in these regulations, the law, and as may be set by the
				council.
E. Duties of the Vice
				Chairman. In the absence or incapacity of the chairman, the vice chairman shall
				assume the duties of the chairman. The vice chairman shall perform such other
				duties as may be stated in these regulations, the law, and as may be set by the
				council.
F. Duties of the
				Secretary. The secretary shall sign the draft Minutes of the council meetings.
				The secretary shall sign, together with the chairman, council Minutes when
				officially approved. The secretary shall perform such other duties as the
				council may direct.
G. Bond. All
				council members, and employees who receive and disburse council funds, shall be
				bonded.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.9 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Regular
				Meetings. The council shall meet at least three times a year in addition to the
				annual meeting to be held in June of each year.
B. Special Meetings. Special council meetings
				may be called by the chairman at any time or the chairman shall call a special
				meeting when so requested by at least four council members.
C. Notice of Meetings.
(1) Regular Meetings. The council sets the
				date, time and place for the next meeting at the end of each meeting. Written
				notice of the date, time and place of each regular meeting shall be mailed to
				each council member at least five days prior to the date of the meeting. Notice
				of the regular council meetings shall be published at least five days before
				the meeting in a newspaper of general circulation.
(2) Special Meetings. The chairman shall set
				the date, time and place for any special meetings. Reasonable efforts, either
				written or oral, shall be made to notify each council member prior to the
				special meeting. If possible, notice of special council meetings shall be
				published in a newspaper of general circulation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.10 - ANNUAL BUDGET

Current through Register Vol. 35, No. 13, July 16, 2024
The council will submit to the secretary of the New Mexico
				  Department of Agriculture a detailed annual budget and provide a copy of such
				  budget upon request to any person providing proof of having been assessed under
				  CFR7, 1260.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.11 - PROCEDURE FOR ADOPTION OF REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council shall hold at least one public
				hearing before promulgating any regulation and provide producers and other
				interested parties an opportunity to submit oral or written input at the
				council's discretion.
B. The
				council, at its discretion, shall set a hearing place or hearing places. In
				selecting a hearing site or sites the council shall consider where the proposed
				regulation will receive the greatest input.
C. Notices of the hearings shall be published
				once at least twenty (20) days prior to the date of the hearing, in a newspaper
				of general circulation in the state, and The Stockman magazine, except in
				emergency situations.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.12 - AMENDING OR REPEALING REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council is vested with the authority
				to amend or repeal these regulations by affirmative vote of a majority of
				council members.
B. Copies of
				proposed amendments or repeals shall be submitted to each council member at
				least twenty (20) days prior to the meeting at which the proposal is to be
				acted upon, unless waived by a majority of those council members present or in
				emergency situations.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.13 - PROCEDURES FOR FILING REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All regulations adopted by the council shall be filed with
				  the New Mexico Department of Agriculture and the State Records
				  Center.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.14 - RECORDS AND DISBURSEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The council shall keep detailed and accurate records of all
				  receipts and disbursements, have such records audited annually, and keep such
				  audit available for inspection at the council office.
A. All monies received by the council shall
				be deposited in a bank that qualifies as a depository for state
				funds.
B. Monies withdrawn from or
				paid out of such accounts shall require two authorized signatures. A receipt,
				voucher, or other written record showing clearly the nature and items covered
				by each check or other order shall be retained.
C. All monies received shall be used by the
				council in carrying out the "New Mexico Beef Council Act" and/or the
				"Cattlemen's Beef Promotion and Research Act."
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.15 - REMOVAL OF MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director shall, upon petition of majority of council, immediately declare the
				office of any member of the council vacant whenever such member has ceased to
				be an active producer or feeder in this state, has become a resident of another
				state, or is not fulfilling the duties of his office.
B. The director shall fill vacancies by
				appointing a replacement to serve the unexpired term.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.16 - CONFLICT OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
The Beef Council shall be subject to the Conflict of Interest
				  Act insofar as it is applicable.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 1 - GENERAL PROVISIONS › Section 21.25.1.17 - SEVERABILITY CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of these regulations is held
				  invalid the remainder of it and its applications to other situations or persons
				  shall not be affected.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 3 - VALENCIA PEANUT ASSESSMENT › Section 21.25.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the commission assessment to be paid by
				  producers and handlers of New Mexico Valencia peanuts.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 3 - VALENCIA PEANUT ASSESSMENT › Section 21.25.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the New Mexico Peanut Research Board under the
				  Agricultural Commodity Commission Act, Chapter 76, Article 21, Section 1-22,
				  NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 3 - VALENCIA PEANUT ASSESSMENT › Section 21.25.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the commission assessment for Valencia peanuts
				  and provision for a refund.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 3 - VALENCIA PEANUT ASSESSMENT › Section 21.25.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means the New Mexico Peanut Research Board.
B. "Handler" means any producer, processor,
				distributor, or other person engaged in the handling or marketing of Valencia
				peanuts.
C. "Producer" means any
				person engaged in a proprietary capacity in the commercial production of
				Valencia peanuts within New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 3 - VALENCIA PEANUT ASSESSMENT › Section 21.25.3.8 - ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission
				assessment rate for the 1998 crop will be ninety-two cents ($.92) per ton for
				producers and nineteen cents ($.19) per ton for handlers.
B. The commission assessment rate for the
				1999 crop and beyond will fifty cents (.50) per ton for both the producers and
				handlers.
C. Any producer or
				handler who has paid a commission assessment is entitled to a refund of the
				amount paid by making written application to the commission. Refunds shall be
				made within thirty days (30) of the date of request.
D. The refund application will be provided by
				the commission.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 5 - LICENSE FEES AND BONDS FOR PRODUCE BROKERS, DEALERS, AND PACKERS › Section 21.25.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
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 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 5 - LICENSE FEES AND BONDS FOR PRODUCE BROKERS, DEALERS, AND PACKERS › Section 21.25.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes license fees and bonds for produce
				  brokers, dealers and packers doing business in New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 5 - LICENSE FEES AND BONDS FOR PRODUCE BROKERS, DEALERS, AND PACKERS › Section 21.25.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the board of regents of New Mexico state
				  university and the New Mexico department of agriculture under the New Mexico
				  Produce Marketing Act, Chapter 76, Article 15, Sections 10 through 22 NMSA
				  1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 5 - LICENSE FEES AND BONDS FOR PRODUCE BROKERS, DEALERS, AND PACKERS › Section 21.25.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 15, 1997
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 5 - LICENSE FEES AND BONDS FOR PRODUCE BROKERS, DEALERS, AND PACKERS › Section 21.25.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish yearly license fees and bond requirements for
				  produce brokers, dealers and packers.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 5 - LICENSE FEES AND BONDS FOR PRODUCE BROKERS, DEALERS, AND PACKERS › Section 21.25.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Produce" means
				the food produced from any vine, tree or plant which produces fruits or
				vegetables for human consumption.
B. "Broker" means a commission merchant or
				any other person engaged in the business of receiving any produce for sale, on
				commission, for or on behalf of another.
C. "Packer" means any person engaged in the
				business of grading, packing, cooling or storing of any produce other than his
				own production.
D. "Dealer" means
				any person engaged in the business of buying any produce from the grower for
				processing or resale.
E. "Person"
				means individuals, partnerships, corporations and grower cooperative
				associations or any other legal entities.
F. "Grower" means any person engaged in the
				growing of any produce crop.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 5 - LICENSE FEES AND BONDS FOR PRODUCE BROKERS, DEALERS, AND PACKERS › Section 21.25.5.8 - LICENSE FEES AND BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Broker
(1) license fee: $50/year
(2) bond: $10,000
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 25 - AGRICULTURAL MARKETING, PROCESSING AND INSPECTION › Part 6 - ORGANIC LABELING AND MARKETING, PROCESSING/HANDLING OPERATIONS, APPLICATION PROCESS AND INSPECTIONS [REPEALED]

Current through Register Vol. 35, No. 13, July 16, 2024
[This part was repealed effective 2/29/2012]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 26 - PRODUCE MARKETING BOARDS › Part 2 - CHILE ASSESSMENT › Section 21.26.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Dave Layton, Chairman, New Mexico Chile Commission, 4065 J
				  Street. SE, Deming, NM 88030, Telephone (575) 546-8863.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 26 - PRODUCE MARKETING BOARDS › Part 2 - CHILE ASSESSMENT › Section 21.26.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the New Mexico chile commission under the
				  Agricultural Commodity Commission Act, Chapter 76, Article 21, Section 1-22,
				  NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 26 - PRODUCE MARKETING BOARDS › Part 2 - CHILE ASSESSMENT › Section 21.26.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means the New Mexico chile commission.
B. "Handler" means any producer, processor,
				distributor or other person engaged in the handling or marketing of chile
				peppers.
C. "Chile peppers"
				includes green chile varieties, jalapenos, red chile varieties, cayenne,
				pimento and bell peppers.
D.
				"Producer" means any person engaged in a proprietary capacity in the commercial
				production of chile peppers within New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 26 - PRODUCE MARKETING BOARDS › Part 2 - CHILE ASSESSMENT › Section 21.26.2.8 - ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission
				assessment rate is set at $.625 per ton of fresh chile peppers and $1.25 per
				ton of dry chile peppers.
B. The
				first handler shall deduct the assessment from the amount paid to the
				producer.
C. The first handler
				shall make payment of the assessment to the New Mexico chile commission.
				Payment dates for fresh chile peppers shall be prior to December 1. Payment
				dates for dry chile peppers shall be prior to April 1.
D. Producers may obtain assessment refunds by
				making an application to the commission. Application shall be made on forms
				approved by the commission within thirty (30) days after the sale of assessed
				chile. The commission shall make refunds within thirty (30) days of the date
				the application is received, unless the proceeds and the necessary information
				have not been received by the commission, in which case the refund will be made
				within fifteen (15) days after receipt of the proceeds and necessary
				information.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 26 - PRODUCE MARKETING BOARDS › Part 3 - DRY ONION ASSESSMENT › Section 21.26.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Joe Nelson, Chairman; New Mexico Dry Onion Commission, P. O.
				  Box 30005, MSC 3189, Las Cruces, NM 88003-8005, Telephone (505)
				  646-4929.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 26 - PRODUCE MARKETING BOARDS › Part 3 - DRY ONION ASSESSMENT › Section 21.26.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the New Mexico dry onion commission under the
				  Agricultural Commodity Commission Act, Chapter 76, Article 21, Section 1-22,
				  NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 26 - PRODUCE MARKETING BOARDS › Part 3 - DRY ONION ASSESSMENT › Section 21.26.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means the New Mexico dry onion commission.
B. "Handler" means any producer, processor,
				distributor or other person engaged in the handling or marketing of dry
				onions.
C. "Producer" means any
				person engaged in a proprietary capacity in the commercial production of dry
				onions within New Mexico.