New Mexico Administrative Code

July 1, 1997

This part establishes the price representation requirements for all retail sales displays of consumer commodities sold by weight, measure or count.

[RESERVED]

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…

New Mexico State University, New Mexico Department of Agriculture.

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 su…

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.

All vendors of New Mexico chile products.

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.

Permanent.

January 17, 2012, unless a later date is cited at the end of a section.

This rule establishes the New Mexico chile advertising requirements for New Mexico chile and products offered for sale containing New Mexico chile.

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. Caps…

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, coo…

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]

All individuals engaged in public weighing or charging a fee for any weight determination.

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.

Permanent

July 1, 1997

This part specifies the means by which a weighmaster shall meet the bonding requirements of the New Mexico Weighmaster Act.

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 service…

It is the responsibility of the director to determine, in his sole discretion, whether each applicant for a weighmaster license has met the bonding requirements, as well as the other licensing requirements, set forth in the Weighmaster Act. The director may provide applicants the…

New Mexico State University, New Mexico Department of Agriculture, MSC 3189, Box 30005, Las Cruces New Mexico 88003-8005, Telephone No. (505) 646-3007.

A. A non-profit educational, charitable or service organization may be exempt from payment of fees for a plant protection license or permit provided the applicant provides to the department in writing that:(1) nursery and/or floral stock offered for sale by the organization is gr…

A. Farmers markets and grower cooperatives may obtain an inspection certificate whereby registered members of the farmers market or grower cooperative may sell plants they have grown on land owned or leased by them without obtaining an individual inspection certificate. B. A pers…

A. The effective date of application for license and permit renewals by mail shall be the date postmarked on the applicant's properly completed application package. Renewal packages postmarked September 30 or before may be considered for renewal at single fee rates as described i…

Owners or operators of seasonal businesses may renew their plant protection licenses or permits at single fee rates only if they provide the department with an affidavit stating that they have not engaged in buying, selling, digging or taking orders for florist or nursery stock f…

A. Any person, prior to collecting plants growing in the wild for sale, shall obtain annually a collected plant permit from the department. Application shall be made on a form prescribed by the department and shall be accompanied by the prescribed fee. B. Vehicles used to transpo…

A. Balled and burlapped nursery stock shall be maintained by surrounding and covering the earth ball with sawdust, peat, shingletow or other moisture-holding material not toxic to plants. Such moisture-holding material shall be kept moist at all times. B. Container nursery stock …

A. Woody stemmed deciduous nursery stock such as fruit and shade trees, rose bushes and flowering shrubs shall have moist, green cambium tissue, in the stem or stems and branches and shall have viable buds or normal green, unwilted growth sufficient to permit the stock to live an…

Part 2 shall apply to all persons selling nursery stock in New Mexico.

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.

Permanent.

July 1, 1997

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.

[RESERVED]

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.

A. The annual fee for an inspection certificate shall be seventy-five dollars ($75) plus two dollars ($2) per acre, except as provided for in Subsection A of 21.17.2.10 NMAC. B. The annual fee for an inspection certificate for farmers markets or other grower cooperatives shall be…

New Mexico State University, New Mexico Department of Agriculture, [MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005, Telephone No. (575) 646-3007]

None.

Failure to comply with the requirements as stated above shall be a violation of this rule and subject to penalties as provided under Chapter 76, Article 6, Section 9, NMSA 1978. The board is granted the authority to direct the disposal, removal, or other means necessary to mitiga…

The board disclaims liability for any costs incident to inspection or compliance with the provisions of this rule.