New Mexico Administrative Code

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

The following regulated articles are exempted from certification requirements: A. soil samples of one pound or less which are packaged so that no soil will be spilled in transit; B. soil samples of any size collected and shipped to any United States army corps of engineers soil l…

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

Part 33 shall apply to all persons transporting regulated articles intrastate from quarantined areas of New Mexico.

Granted to the board of regents of New Mexico state university under the Pest Control Act, Chapter 76, Article 6, Sections 1 through 9, NMSA 1978 compilation.

Permanent

August 14, 1998, unless a different date is cited at the end of a section or paragraph.

The objective of Part 33, Chapter 17 is to prevent the further spread of the red imported fire ant to counties of New Mexico not known to be infested.

A. "Board" means the board of regents of New Mexico state university or any officer or employee to whom authority to act in their stead has been or hereafter may be delegated. B. "Department" means the New Mexico department of agriculture. C. "Infestation" means actually infested…

A. Pest: Red imported fire ant, Solenopsis invicta Buren. B. Areas under quarantine: Dona Ana county, New Mexico. C. Regulated articles: (1) the red imported fire ant in any living stage of development; (2) soil, compost, decomposed manure, humus, muck and peat, separately or wit…

A. A certificate must accompany regulated articles moved out of the quarantined area. B. Certificates may be issued by the department or under the authority of a compliance agreement if the regulated articles:(1) have originated in certified imported fire ant free premises in a q…

New Mexico department of agriculture, MSC, 3189, Box 30005, Las Cruces, New Mexico 88003-8005, Telephone No. (575) 646-3007.

Any non-compliant regulated article will be subject to immediate quarantine and returned back to place of origin or destruction under parameters set forth by the department, or other method of disposition as directed by the department that serves the best interest of the state. A…

Individuals or businesses must be approved by the director prior to receiving in-shell pecans or other regulated articles for treatment. Compliance agreements will be issued to those individuals or business demonstrating the capabilities to provide treatment using one of the foll…

Certificates, special inspections or other requested services provided by the department will be subject to fees as authorized under Sections 1 through 9 of 21.1.2 NMAC.

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

All regulated articles are further subject to the provisions of any other law, regulation, or regulatory order of the state of New Mexico, United States or both now in effect or which may hereafter be promulgated.

Part 36 of Chapter 17 applies to all person(s) transporting regulated articles from infested counties in New Mexico to New Mexico pecan weevil-free counties.

Granted to the board of regents of New Mexico state university under the Pest Control Act, Chapter 76, Article 6, Sections 1 through 9 NMSA 1978 compilation and the Pecan Act, Chapter 76, Article 16, Sections 1 through 9, NMSA 1978 compilation.

Permanent.

November 1, 2018, unless a later date is listed at the end of a section.

The objective of Part 36 of Chapter 17 is to establish an interior quarantine to restrict the transportation of pecan weevil from quarantined areas to non-quarantined areas in New Mexico.

A. "Board" means the board of regents of New Mexico state university or any individual whom authority to act in their stead has been or hereafter may be delegated. B. "Certificate" means a document issued or authorized by the director with specific declarations related to the tre…

The following counties are quarantined areas: Eddy, Lea, Otero, and Chaves counties. The director may make changes to the quarantine status of a county by issuing an emergency quarantine, amendment of this rule, or the promulgation of a new quarantine rule.

To prevent the spread of pecan weevil in New Mexico, the board hereby orders and declares regulated articles cannot be transported out of quarantined areas, except under the following conditions: A. Transportation of in-shell pecans, hulls, husks, shell fragments, containers asso…

New Mexico State University, New Mexico Department of Agriculture.

A. Suppressed areas: The director may grant a request for declaration of an area as "suppressed" after a written recommendation is submitted to the department from an authorized control district or approved governmental agency, supported by scientific documentation acceptable to …

A. Cotton boll weevil, in any living stage of development. B. Cotton and cotton products. C. Cotton harvesting equipment and other equipment associated with the production and transport of cotton, including, but not limited to, the following:(1) Harvest equipment:(a) cotton picke…

A. General: Movement of regulated articles is prohibited in the following cases: (1) from or through a quarantined area to an eradicated area, a functionally eradicated area, or a suppressed area; (2) from or through a suppressed area to an eradicated area or a functionally eradi…

A. Inspections: (1) Within New Mexico: An inspection for movement of regulated articles is not required, but may be obtained upon request to the department and payment of fee. (2) Outside New Mexico from a quarantine area: An inspection certificate issued by the state of origin, …

Any regulated article arriving in New Mexico in violation of this rule shall be subject to immediate quarantine, and treated or otherwise disposed of as necessary to prevent spread or establishment of the pest in the state. Such treatment or disposal shall be at the expense of th…

The board disclaims liability for any costs incident to inspection or compliance with the provisions of this rule. A. All regulated articles are further subject to the provisions of any other law, regulation, or regulatory order of the state of New Mexico or the United States dep…

This rule establishes the restrictions to all persons transporting regulated articles into, through, or intrastate from quarantined areas of New Mexico and interstate into New Mexico from quarantined areas.

Granted to the board of regents of New Mexico state university under the Pest Control Act, Chapter 76, Article 6, Sections 1 through 9, NMSA 1978 Compilation.

Permanent.

March 1, 2004, unless a later date is cited in the history note at the end of a section.

The objective of Part 42 of Chapter 17 is to establish a permanent cotton boll weevil quarantine to protect those cotton producing areas of New Mexico that have achieved eradication of the cotton boll weevil.

A. "Board" means the board of regents of New Mexico state university or any officer or employee to whom authority to act in their stead has been or hereafter may be delegated. B. "Certificate" is a document issued or authorized by the board indicating that a regulated article is …

Cotton boll weevil, Anthonomus grandis Boheman, in any living stage of development.

A. New Mexico: Those areas of New Mexico not declared suppressed, functionally eradicated, or eradicated for cotton boll weevil. B. All other states: All states or any portion of such states not declared suppressed, functionally eradicated, or eradicated for cotton boll weevil by…

South Central New Mexico Pink Bollworm Control Committee.

This rule establishes the control committee assessment to be paid by cotton producers in the South Central New Mexico Pink Bollworm Control District.

Granted to the South Central New Mexico Pink Bollworm Control Committee under the Pink Bollworm Control Act, Chapter 76, Article 6B, Sections 1 through 12, NMSA 1978 Compilation.

Until the South Central New Mexico Pink Bollworm Control District ceases to exist.

August 15, 2002, unless a later date is cited in the history note at the end of a section.

The objective of Part 43, Chapter 17 is to establish the control district's assessment upon cotton producers for the support of the pink bollworm control district.