Chapter 76 — Chapter 76

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the Pest Control Compact [76-6-10 NMSA 1978]. History: Laws 1981, ch. 281, § 2.

Pursuant to Article IV (h) of the compact, copies of bylaws and amendments thereto shall be filed with the state department of agriculture. History: Laws 1981, ch. 281, § 3.

The compact administrator for this state shall be the director of the state department of agriculture. History: Laws 1981, ch. 281, § 4.

Within the meaning of Article VI (b) or VIII (a) [of the compact], a request or application for assistance from the insurance fund may be made by the compact administrator for this state, whenever in his judgment the conditions qualifying this state for such assistance exist and …

The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state treasury the amount of any payments made to this stat…

As used in the compact, with reference to this state, "executive head" means the governor. History: Laws 1981, ch. 281, § 7. ARTICLE 6A Cotton Boll Weevil Control

As used in the Pest Control Act: 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. "pest" means any insect, disease or other organism of any character …

The board shall have the responsibility for the administration of the Pest Control Act. The board may assign functions or delegate any authority provided for in the Pest Control Act to any of its officers or employees; provided, that such functions or authority be exercised under…

The board, either independently or in cooperation with counties, cities, towns or other political subdivisions of the state, farmers' associations or similar organizations, individuals, [the] federal government or of [with] other states, is authorized to carry out operations or m…

A. The board is authorized to quarantine this state or any portion thereof when they determine that such action is necessary to prevent or retard the spread of a pest within or from this state and to quarantine any other state or portion thereof whenever they determine that a pes…

A. Whenever the board finds any article that is infested or reasonably believed to be infested or a host or pest exists on any premises or is in transit in this state, it may, upon giving notice to the owner or his agent in possession thereof, seize, quarantine, treat or otherwis…

A. To effectuate the purposes of the Pest Control Act, the board may, with the consent of the owner or by court order, make reasonable inspection of any premises in this state and any property therein or thereon and may without a warrant stop and inspect, in a reasonable manner, …

A. The board is authorized to cooperate with any agency of the federal government in such operations and measures as they deem necessary to suppress, control, eradicate, prevent or retard the spread of any plant pest. The board is authorized to expend state funds on federal lands…

A. Any person who shall violate any of the provisions of the Pest Control Act, or any rule, regulation or quarantine promulgated by the board, or who shall alter, forge or counterfeit, or use without authority any certificate or permit or other document provided for in the Pest C…

Chapter 76, Article 6A NMSA 1978 may be cited as the "Cotton Boll Weevil Control Act". History: Laws 1996, ch. 77, § 1; 1997, ch. 57, § 1.

boll weevil control committees. After public hearing, if the director decides there is justification for creating a cotton boll weevil control district, the department shall hold a referendum. When cotton producers who represent sixty-six percent of the cotton acreage within the …

and powers. A. Cotton boll weevil control committees may: (1) conduct programs to monitor, suppress or eradicate cotton boll weevils within their cotton boll weevil control districts; (2) cooperate in the administration of the Cotton Boll Weevil Control Act through the use of sta…

A. Each organic cotton producer within an established cotton boll weevil control district shall notify the cotton boll weevil control committee in writing of the number of acres on which the organic cotton producer intends to plant organic cotton at least thirty days prior to pla…

Payment of the special assessment levied by a local cotton boll weevil control committee against a cotton producer shall be due and payable upon the cotton producer's receipt of an assessment statement from the local cotton boll weevil control committee. The committee's statement…

district. Any five or more persons producing cotton within a cotton boll weevil control district may file a petition with the department asking that a cotton boll weevil control district be abolished. The petition shall set forth: A. the name and description of the cotton boll we…

The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate. History:…

control district; notice of hearings. Within thirty days after the petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the hearing in the affected cotton boll weevil control district. The notice of heari…

Funds collected by the local cotton boll weevil control committee are not state funds and are not required to be deposited in the state treasury. A local cotton boll weevil control committee shall deposit all money collected in a state chartered bank or other insured depository. …

The Cotton Boll Weevil Control Act is to be administered by the New Mexico department of agriculture, under the direction of the board of regents of New Mexico state university. History: Laws 1996, ch. 77, § 2.

As used in the Cotton Boll Weevil Control Act: A. "board" means the board of regents of New Mexico state university; B. "cotton boll weevil" means any life stage of the cotton insect Anthonomus grandis Boheman; C. "cotton boll weevil control committee" means the persons, not less…

The director shall determine any critically infested or threatened agricultural areas within New Mexico, hold public hearings within the proposed cotton boll weevil control district determined to be critically infested or at risk and provide technical support and advice in the fo…

A. A cotton boll weevil control committee shall prescribe control measures for any cotton planted within a cotton boll weevil control district. When prescribing control measures, the cotton boll weevil control committee shall make every effort to adhere to integrated pest managem…

Cotton boll weevil control committees are exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The committee members and committee employees are public employees for the purposes of the Tort C…

Any five or more persons producing cotton for which it is proposed to establish a cotton boll weevil control district may file a petition with the department asking that a cotton boll weevil control district be established. The petition shall set forth: A. a concise statement of …

The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate. History:…

Within sixty days after a petition has been filed with the director and upon payment of the cost estimate, the director shall cause notices to be given of the proposed hearings in areas of the state where the cotton boll weevil is of economic importance. The notices of hearing sh…

After the public hearing, the director shall determine, based upon the facts presented and other relevant data available, if there is a need for the creation of a cotton boll weevil control district and if the need is sufficient to justify the holding of a referendum thereon. Sub…

This act [76-6B-1 to 76-6B-12 NMSA 1978] may be cited as the "Pink Bollworm Control Act". History: Laws 2001, ch. 13, § 1.

A cotton producer shall pay a special assessment levied by a local pink bollworm control committee, payable upon the cotton producer's receipt of an assessment statement. The committee's statement shall indicate: A. the total number of acres treated within the pink bollworm contr…

district. A. Any five or more persons producing cotton within a pink bollworm control district may file a petition with the department asking for a referendum to be held to abolish the pink bollworm control district. The petition shall set forth: (1) the name and description of t…

Money collected by a local pink bollworm control committee is not state funds and is not required to be deposited in the state treasury. A local committee shall deposit all money collected in a state chartered bank or other insured depository. Funds collected by local committees …

As used in the Pink Bollworm Control Act: A. "board" means the board of regents of New Mexico state university; B. "cotton producer" means any person growing five or more acres of cotton plants. For the purposes of the Pink Bollworm Control Act, only one person from any farm, sol…

The department shall administer the Pink Bollworm Control Act. History: Laws 2001, ch. 13, § 3.

Pink bollworm control committees are exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The committee members and committee employees are public employees for the purposes of the Tort Claims …

Any five or more persons producing cotton for which it is proposed to establish a pink bollworm control district may file a petition with the department asking that a pink bollworm control district be established. The petition shall set forth: A. a concise statement of the reason…

A. The director shall: (1) determine any critically infested or threatened agricultural areas within New Mexico, hold public hearings within the proposed pink bollworm control district determined to be critically infested or at risk and provide technical support and advice in the…

bollworm control committees. A. If the director decides there is justification for creating or abolishing a pink bollworm control district, the department shall hold a referendum. A pink bollworm control district shall be created or abolished if: (1) two-thirds or more of the eli…

powers. A. Cotton producers within a pink bollworm control district shall establish and elect a local pink bollworm control committee composed of not less than three or more than seven members. The committee members shall not receive per diem or compensation for their services. B…

A. Each organic cotton producer within an established pink bollworm control district shall notify the pink bollworm control committee in writing at least thirty days prior to planting of the number of acres on which organic cotton will be planted. B. Organic cotton producers shal…

This act [76-7-1 to 76-7-22 NMSA 1978] may be cited as the "Noxious Weed Control Act." History: 1953 Comp., § 45-10-2, enacted by Laws 1959, ch. 243, § 1.

The ballots for the creation of a weed control district shall be printed in the following form: BALLOT On the Question of Formation of ___________ Noxious Weed Control District. (Place "X" in one of the boxes below) For Noxious Weed Control District [ ] Against Noxious Weed Contr…

A. The board of county commissioners having jurisdiction over the election shall create and define, by order, the voting precincts in the proposed district, and shall name the polling places within each district. The board of county commissioners shall also select and appoint the…

The governing body of the noxious weed control districts shall be governed by [sic] the board of county commissioners of the county wherein the largest area of the proposed district is situated. History: 1953 Comp., § 45-0-13, enacted by Laws 1959, ch. 243, § 12.

The district governing body shall have the following powers: A. to determine, with the advice of the county agent, which noxious weeds shall be subject to control; B. to determine the method of control, either by spraying, cutting, burning, tillage or any other appropriate method…

A. The district governing body is specifically authorized to promulgate rules and regulations requiring the cleaning of farm implements and machinery which are brought into the district or which are moved from one location to another within the district and to prescribe the metho…