New Mexico Administrative Code

Part 50 shall apply to all persons regulated under the Pesticide Control Act, including but not limited to private applicators, commercial applicators, non-commercial applicators, public applicators, pest management consultants, pesticide dealers and pesticide manufacturers, and …

A new employee of a licensed commercial applicator may work up to sixty (60) calendar days under a operator/technician training permit provided another commercial applicator or technician licensed in New Mexico at least 6 months is present on the application site. Prior to expira…

A. A commercial applicator license shall not be issued until the applicant has furnished proof of financial responsibility acceptable to the director. This requirement may be satisfied by: (1) a certificate of liability insurance signed by an authorized insurance representative; …

A. Surety bond -- $100,000. B. Liability insurance: (1) Aircraft. (a) Bodily injury -- $25,000 each occurrence, $50,000 aggregate. (b) Property damage -- $50,000 each occurrence. (c) Single limit bodily injury and property damage -- $100,000. (2) Ground or manual.(a) Bodily injur…

A. Pesticide waste and pesticides intended for use by commercial pesticide applicators shall be stored in enclosed, secured areas and shall be posted with warning signs in English and Spanish. B. Pesticide wastes, provided they are not also hazardous pesticide wastes, shall be di…

A. The director may grant a variance from any provision of 21.17.50.23 NMAC under special circumstances, provided such variance does not violate other state or federal laws. B. A request for a variance shall be made to the director in writing and shall contain such information as…

A. The annual registration fee for each pesticide or device registered shall be one hundred dollars ($100.00). B. The annual pesticide dealer license fee for each location or outlet within the state, or if there is no outlet within the state, for the principal out-of-state locati…

Granted to the board of regents of New Mexico state university under the New Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation.

Permanent.

July 1, 1997

The objective of Part 50 of Chapter 17 is to set criteria for the use of pesticides in New Mexico, including the licensing and certification of pesticide applicators, record keeping, equipment inspection, storage and disposal of pesticides.

A. "Active ingredient" means any ingredient which will prevent, destroy, repel, control or mitigate a pest or which will act as a regulator, defoliant or desiccant. B. "Aircraft" means any fixed-wing aerial equipment or helicopter used to apply pesticides. C. "Antidote" means a p…

A. This section delineates the license categories and the scope of operations which may be performed under each category. These license categories represent the certification examinations taken by commercial, public and non-commercial applicators, pest management consultants and …

The annual registration of pesticides and any licenses or certifications provided for in the Pesticide Control Act shall expire on the dates indicated in this section unless it has been revoked or suspended prior thereto by the director. A. The annual pesticide or device registra…

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

A. In addition to any other records required under the Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation, each person certified in category 7D -- wood destroying pest control shall keep the following: (1) name of the person for whom the pe…

Part 51 shall apply to all commercial applicators applying pesticides in structures for the control of wood destroying pests or persons making recommendations for restricted use pesticides for the control of wood destroying pests in structures.

Granted to the board of regents of New Mexico state university under the New Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation.

Permanent.

July 1, 1997

The objective of Part 51 of Chapter 17 is to establish certification, supervision, and record keeping requirements for persons treating structures for wood destroying organisms, principally termites.

[RESERVED]

A. Certified applicators shall have at least one (1) year of experience in the classification of wood destroying pest control, have attended four (4) hours of approved training and pass the required certification examination in category 7D, wood destroying pest control, and shall…

No restricted use pesticide shall be mixed or applied for the control of wood destroying pests except by an applicator certified in category 7D, wood destroying pest control, or a licensed termite service technician.

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

Training for recertification shall be grouped in one of the following categories. NMDA shall make the final determination as to what categories any approved recertification program shall apply. A. pesticide use and safety; B. wood destroying organisms; C. private applicator.

A. One CEU shall be awarded for each hour of approved instruction or training, except for the following. (1) A half CEU shall be the maximum awarded for any approved product sales meeting. (2) One CEU shall be the maximum awarded for any approved in-house training program. B. One…

This rule shall apply to all persons certified to use restricted-use pesticides -- commercial applicators, private applicators, public applicators and non-commercial applicators.

Granted to the board of regents of New Mexico state university under the New Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation.

Permanent.

December 1, 1996, unless a different date is cited at the end of a section or paragraph.

The objective of Part 53 of Chapter 17 is to establish the mechanism for granting continuing education units for the recertification of private, commercial, non-commercial and public pesticide applicators.

A. "Continuing education unit" (CEU) means a credit granted for the attendance and successful completion of an approved training or educational workshop or seminar held for the certification or recertification of private, commercial, non-commercial or public pesticide applicators…

A. All commercial, public and non-commercial applicators shall be recertified annually following the initial issuance of their license. B. A minimum of four (4) CEUs shall be required for the annual recertification of commercial, public or non-commercial applicators. C. Private a…

NMDA shall have final and sole approval of any program seeking CEUs and shall have complete authority in the awarding of CEUs for any approved program.

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

A. It shall be unlawful for any person other than a licensed, commercial, non-commercial, or public applicator or certified private applicator to purchase a federal or state restricted-use pesticide. B. It shall be unlawful for a pesticide dealer to knowingly sell any restricted-…

The board disclaims liability for any costs incident to inspection or compliance with the provisions of this rule. A. State restricted-use insecticides: [REPEALED] B. State restricted-use herbicides: In order to prevent unreasonable adverse effects on the environment, all formula…

A. Any New Mexico licensed and certified pesticide applicator shall maintain the following records for two years for all pesticide applications: (1) all records as required under 21.17.50.10 NMAC for restricted use pesticides; (2) other records not listed above, when required by …

This rule shall apply to all persons using, selling, or distributing restricted-use pesticides.

Granted to the board of regents of New Mexico state university under the New Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation.

Permanent.

December 1, 1996, unless a later date is cited at the end of a section.

The objective of Part 56 of Chapter 17 is to establish the classification and restrictions for purchase and use of certain pesticides.

[RESERVED]