Chapter 76 — Chapter 76

permission prohibited.] No person shall destroy, mutilate or remove any living plant, except seeds, of the protected group from any state or private [privately] owned lands without a written permit from the owner, provided that nothing in this act [76-8-1 to 76-8-4 NMSA 1978] sha…

Nothing herein shall prevent the use of down or dead cacti for business or other purposes. History: Laws 1933, ch. 116, § 3; 1941 Comp., § 48-1003; 1953 Comp., § 45-11-3.

Any person violating the provisions of this act [76-8-1 to 76-8-4 NMSA 1978] shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty [($50.00)] nor more than three hundred dollars [($300)], and each violation shall constitute a separate offense. …

This act [76-9-1 to 76-9-13 NMSA 1978] may be cited as the "Bee Act." History: 1953 Comp., § 47-24-1, enacted by Laws 1975, ch. 122, § 1.

Each commercial beekeeper shall register the location of each commercial apiary under his control with the department and shall give an accurate description of the location of each commercial apiary. The registration fee shall be set by the board at not more than five dollars ($5…

A. No colonies or equipment shall be moved into the state, unless accompanied by a certificate of inspection signed by an authorized apiary inspector of the state from which the bees originated. The certificate of inspection shall state that the colonies are apparently free of co…

All money collected under the provisions of the Bee Act shall be expended to administer and enforce the Bee Act. History: 1953 Comp., § 47-24-12, enacted by Laws 1975, ch. 122, § 12.

A. Any person who violates any provision of the Bee Act or any regulation adopted by the board pursuant thereto is guilty of a misdemeanor. Each day a person remains in violation shall constitute a separate offense. B. The department shall not be required to give bond or security…

As used in the Bee Act: A. "abandoned colony" means a colony that is abandoned or neglected by a beekeeper according to criteria adopted by the board; B. "apiary" means a location where one or more colonies or nuclei of bees are managed by a beekeeper; C. "bee" means all races of…

A. The board shall adopt regulations necessary for the administration and enforcement of the Bee Act and through the department shall administer and enforce the Bee Act and regulations adopted by the board. B. The department has full power to deal with any contagious disease of b…

Any beekeeper who has been notified in writing by the department that his bees or equipment are infected with a contagious disease and who willfully and knowingly permits the bees or equipment to remain in such condition shall be in violation of the Bee Act. History: 1953 Comp., …

A. The department shall notify each beekeeper prior to the initial annual inspection of his apiary and, if requested by the beekeeper, an inspector shall make the apiary inspection in the presence of the beekeeper or his representative and at a time that conforms to the efficient…

Each beekeeper that manages bees shall apply to the department for an annual inspection certificate. The inspection certificate shall be issued by the department upon completion of the apiary inspection and shall state the colonies and apiaries that are apparently free of contagi…

If an inspector finds a contagious disease in a colony, he shall direct the beekeeper to destroy the diseased colony and equipment, or to treat the colony according to a schedule approved by the department; providing the inspector shall upon request by the beekeeper obtain a samp…

Abandoned colonies and contaminated equipment shall be destroyed under the supervision of the inspector when the colony is found to be infected with a contagious disease. Abandoned live colonies or abandoned equipment that is apparently free of contagious disease may be sold in a…

A. In order to control contagious disease, no apiary shall be moved or established closer than one and one-half miles straight airline distance from an existing registered commercial apiary, unless the apiary owner is also the owner of the apiary location. B. Any beekeeper found …

The legislature hereby declares that the purposes of this act [76-10-1 to 76-10-10 NMSA 1978] are to promote, encourage, aid and protect the planting and growing of pure strains of sugar beet seed, vegetable seed, melon seed and seed for other crops, through providing statutory r…

That this act [76-10-1 to 76-10-10 NMSA 1978] shall not apply to the planting or growing of crops or plants in the experimental stations or farms conducted by the United States government or the state of New Mexico. History: Laws 1933, ch. 174, § 11; 1941 Comp., § 48-1110; 1953 C…

This act [76-10-11 to 76-10-22 NMSA 1978] may be cited as the "New Mexico Seed Law." History: 1953 Comp., § 45-12-20, enacted by Laws 1967, ch. 68, § 1.

As used in the New Mexico Seed Law [76-10-11 to 76-10-22 NMSA 1978]: A. "person" includes any individual, partnership, corporation, company, society or association; B. "agricultural seed" includes the seeds of grass, forage, cereal and fiber crops. It shall include any other kind…

Each container of agricultural and vegetable seed which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English…

A. It is unlawful for any person to sell, offer for sale, expose for sale or to transport for sale any agricultural or vegetable seed within this state: (1) unless the test to determine the percentage of germination required by Section 2 [76-10-12 NMSA 1978] shall have been compl…

Each person whose name appears on the label as handling agricultural or vegetable seed subject to this act [76-10-11 to 76-10-22 NMSA 1978] shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled and keep for one year a file sam…

A. The provisions of Sections 3 and 4 [76-10-13, 76-10-14 NMSA 1978] do not apply: (1) to seed or grain not intended for sowing purposes; (2) to seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing; provided, …

A. The certification agency for New Mexico shall be named by a committee consisting of the director or associate director of the agricultural extension service, the director or associate director of the agricultural experiment station, the extension agronomist, the experiment sta…

A. The duty of enforcing this act [76-10-11 to 76-10-22 NMSA 1978] and carrying out its provision and requirements is vested in the board of regents of New Mexico state university. It is the duty of the board or its authorized agents: (1) to sample, inspect, make analysis of and …

Any lot of agricultural or vegetable seed not in compliance with the provisions of this act [76-10-11 to 76-10-22 NMSA 1978] shall be subject to seizure on complaint of the board or its agents to a court of competent jurisdiction in the locality in which the seed is located. In t…

This act [76-10-1 to 76-10-10 NMSA 1978] shall be so interpreted and construed as not to be considered the taking of private property or the control of private property without due process of law; nor disturbing the owner in control or use of his land for lawful purposes; nor res…

When in the performance of his [its] duties the board or its agent applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act [76-10-11 to 76-10-22 NMSA 1978] or any rules and regul…

Every violation of the provisions of this act [76-10-11 to 76-10-22 NMSA 1978], and every violation of any rules and regulations promulgated under this act, after a notice to cease and desist, shall be deemed a misdemeanor punishable by a fine not exceeding one hundred dollars ($…

The legislature shall appropriate to the New Mexico state university annually the amount necessary, out of the moneys of the state, except moneys reserved for the payment of the public debt, for the purpose of complying with this act [76-10-11 to 76- 10-22 NMSA 1978] and to fulfi…

The regents of the agricultural college of New Mexico [New Mexico state university] are hereby authorized and empowered upon application and hearing as hereinafter provided to designate, outline and specifically delimit areas or zones of agricultural lands within which only one v…

The regents of the agricultural college of New Mexico [New Mexico state university] are further authorized and empowered after proper application and hearing to define such zone or zones and to further define neutral zones between such above-mentioned zones, and to provide that w…

The regents of the agricultural college of New Mexico [New Mexico state university] shall upon petition of farmers or growers or those who intend to plant or grow crops for the purpose of producing pure strains of seeds and after public hearing of said petition designate, outline…

designated.] It shall be unlawful for any person or persons, firm, corporation or agency to plant within any zone designated and delimited by the said regents or in any neutral zone designated and delimited by the said regents, any strain, variety or species of plants forbidden t…

It shall be unlawful for any person, individual, copartnership, association, firm or corporation or agent or employee thereof to permit to grow within a neutral zone or within a prescribed zone any variety or strain or species of plant forbidden by the regulations of the said reg…

The regents of the agricultural college of New Mexico [New Mexico state university] are hereby authorized, empowered and directed when petitioned by one or more growers or prospective growers of any crop intended for the production of pure strains of seed and which crop is subjec…

Any person, individual, copartnership, association, firm, corporation, agent or employee who or which shall violate any of the provisions of this act [76-10-1 to 76-10- 10 NMSA 1978] or any of the regulations or restrictions promulgated by the regents of the agricultural college …

Chapter 76, Article 11 NMSA 1978 may be cited as the "New Mexico Fertilizer Act". History: 1953 Comp., § 45-13-11, enacted by Laws 1963, ch. 184, § 1; 1975, ch. 181, § 1; 2013, ch. 112, § 1.

A person shall not distribute misbranded fertilizer or soil conditioner. A fertilizer or soil conditioner is misbranded if: A. its labeling is false or misleading in any particular; B. it is distributed under the name of another fertilizer or soil conditioner product; C. it is no…

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: A. it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water …

The person transacting, distributing or selling fertilizer or soil conditioner to a nonregistrant shall mail the department a report showing the county of the consignee, the amounts in tons of each grade of fertilizer and each soil conditioner product and the form in which the fe…

The board shall publish at least annually and in a form it deems proper: A. information concerning the distribution of fertilizers and soil conditioners; and B. results of analysis based on official samples of fertilizers and soil conditioners distributed within the state as comp…

For the enforcement of the New Mexico Fertilizer Act, the board may prescribe and, after public hearing following due public notice, adopt the rules relating to the distribution of fertilizers and soil conditioners that it may find necessary to carry into effect the full intent a…

If a fertilizer or soil conditioner in the possession of the consumer is found by the department to be short in weight or other measure prescribed by the board, the registrant of the fertilizer or soil conditioner shall, within thirty days after official notice from the departmen…

The department may cancel the registration of any brand of fertilizer or soil conditioner or refuse to register any brand of fertilizer or soil conditioner upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasi…

The department may issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of fertilizer or soil conditioner and to be held at a designated place when the department finds the fertilizer or soil conditioner is being offered or…

A. Any lot of fertilizer or soil conditioner not in compliance with the provisions of the New Mexico Fertilizer Act is subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the fertilizer or soil conditioner is located. B. In …

A. If it appears from the examination of a fertilizer or soil conditioner that any of the provisions of the New Mexico Fertilizer Act or the rules issued pursuant to that act have been violated, the department shall cause notice of the violations to be given to the registrant, di…

Nothing in the New Mexico Fertilizer Act shall be construed to restrict or avoid sales or exchanges of fertilizers or soil conditioners to each other by importers, manufacturers or manipulators that mix those materials for sale or as preventing the free and unrestricted shipments…