Chapter 76 — Chapter 76

The New Mexico Fertilizer Act shall be administered by the board of regents of the New Mexico state university through the New Mexico department of agriculture. History: 1953 Comp., § 45-13-12, enacted by Laws 1963, ch. 184, § 2; 1975, ch. 181, § 2.

The department may cooperate with and enter into agreements with other state agencies, other states and agencies of the federal government to carry out the provisions of the New Mexico Fertilizer Act. History: Laws 2013, ch. 112, § 20.

As used in the New Mexico Fertilizer Act: A. "board" means the board of regents of New Mexico state university; B. "department" means the New Mexico department of agriculture; C. "fertilizer" means any substance that contains one or more recognized plant nutrients and that is use…

A. Each brand and grade of fertilizer and each soil conditioner product shall be registered before being distributed in the state. The application for registration shall be submitted to the department on a form furnished by the department and shall be accompanied by a fee of five…

A. A fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) the net weight or other measure prescribed as satisfactory to the board; (2) brand…

A. There shall be paid to the department for all fertilizer and soil conditioner distributed in the state an inspection fee set by the board at a rate not to exceed thirty- five cents ($.35) a ton; provided that sales to manufacturers or exchanges between them are exempted. Fees …

A. The department shall sample, inspect, make analyses of and test fertilizers and soil conditioners distributed within the state at a time and place and to the extent necessary to determine whether the fertilizer or soil conditioner is in compliance with the New Mexico Fertilize…

A. If the analysis shows that a fertilizer falls short of the guaranteed analysis in any one ingredient, penalty shall be assessed in accordance with the following: (1) total nitrogen: a penalty of three times the value of the deficiency, if the deficiency is in excess of 0.20 of…

For the purpose of determining the commercial values to be applied under the provisions of Section 76-11-8 NMSA 1978, the department shall determine and publish annually the values per pound of nitrogen, available phosphate and soluble potash in fertilizers in the state. If guara…

This act [76-12-1 to 76-12-23 NMSA 1978] may be cited as the "Cooperative Marketing Association Act". History: Laws 1937, ch. 152, § 1; 1941 Comp., § 48-1301; 1953 Comp., § 45-14-1.

Each association incorporated under this act [76-12-1 to 76-12-23 NMSA 1978] shall adopt bylaws consistent with this act, within thirty days after its incorporation. A majority of the members voting thereon is necessary to adopt such bylaws, or if the association permits its memb…

A. Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members, or issue common stock to only cooperative associations and/or persons engaged in the production of agricultural products to be handled by or through the association, inc…

A. When a member of an association has paid his membership fee or stock subscription in full he shall receive, as the case may be, a certificate of membership or a stock certificate. B. No association shall issue membership certificates or stock until they have been fully paid fo…

One or more regular meetings shall be held annually in such places, as the bylaws may stipulate. The board of directors shall have the right to call a special meeting at any time; and ten (10%) percent of the members may file a petition stating the specific business to be brought…

The affairs of the association shall be managed by a board of not less than five or [nor] more than twenty-one directors to be elected by the members with such qualifications as may be provided for in the articles of incorporation or bylaws. All of the directors shall be members …

The officers of every such association shall be a president, one or more vice presidents, a secretary and a treasurer and such other officers as may be authorized in the bylaws. The president and at least one of the vice presidents must be members and directors of the association…

A. Members may be required to execute contracts as a condition of admission to the association, whereby the members agree to patronize the facilities created by the associations, to sell all or a specified part of their products to or through, or to buy all or a specified part of…

provisions of this act. Any association organized under previously existing statutes may elect, by vote of its members as provided in its articles of incorporation and bylaws of [for] the amendment of its articles of incorporation and bylaws to be brought under the provisions of …

A. Any association organized hereunder and complying with the terms hereof shall be deemed not to be a conspiracy nor a combination in restraint of trade nor an illegal monopoly; nor an attempt to lessen competition or to fix prices arbitrarily or to create a combination or pool …

The right of an association claiming to be organized and incorporated and carrying on its business under this act [76-12-1 to 76-12-23 NMSA 1978] to do and to continue its business, may be inquired into by quo warranto. History: Laws 1937, ch. 152, § 19; 1941 Comp., § 48-1319; 19…

In order to promote, foster and encourage the intelligent handling, processing and orderly marketing of agricultural products and the organization and incorporation of cooperative marketing associations of agricultural producers, this act [76-12-1 through 76-12-23 NMSA 1978] is p…

It is the duty of every association organized pursuant to provisions of the Cooperative Marketing Association Act and foreign associations admitted to do business in this state under that act to procure annually from the secretary of state a license authorizing the transaction of…

The provisions of the general business corporation laws of this state and all powers and rights thereunder shall apply to the associations organized hereunder, except where such provisions are inconsistent with the express provisions of this act [76-12-1 to 76-12-23 NMSA 1978]. H…

Chapter 66, Session Laws of 1927, (being Sections 31-201 to 31-214, inclusive, that this act [76-12-1 to 76-12-23 NMSA 1978], and such repeal, shall not in any way affect or limit any marketing association heretofore organized under the provisions of said laws, and that such asso…

Each and all the rights and remedies hereby given shall be construed as in addition to those already existing. History: Laws 1937, ch. 152, § 24; 1941 Comp., § 48-1323; 1953 Comp., § 45-14-23.

As used in this act [76-12-1 through 76-12-23 NMSA 1978], unless the context or subject matter requires otherwise: A. the term, "agricultural products" shall include horticultural, viticultural, nut, dairy, livestock, poultry, bee and any other farm products; B. the term "member"…

Five or more natural persons of full age, engaged in the production of agricultural products either as tenants or landlords, who are residents of this state or any other, or two or more cooperative associations, organized under the laws of this state or any other, may form a nonp…

An association may be organized under this act [76-12-1 through 76-12-23 NMSA 1978] to engage in any activity in connection with the marketing or selling of agricultural products, or with the harvesting, preserving, drying, processing, blending, canning, packing, grading, storing…

Each association incorporated under this act [76-12-1 to 76-12-23 NMSA 1978] shall have the following powers: A. to act as an agency for or subsidiary of or to assist cooperative associations formed under this act or similar acts in any one or more of the above-mentioned activiti…

The incorporators of an association to be formed under the Cooperative Marketing Association Act must prepare and file articles of incorporation setting forth: A. the name of the association, which may or may not include the word "cooperative"; B. its purposes; C. its duration; D…

The articles of incorporation shall be filed with the secretary of state, and a copy thereof, duly certified by the secretary of state shall be recorded in the office of the county clerk of the county where the principal office of the association is to be located in this state. F…

The articles of incorporation may be altered or amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two-thirds of [the] directors, and then adopted by a vote representing two-thirds of all members present at such m…

History: 1941 Comp., § 48-1824, enacted by Laws 1949, ch. 106, § 1; 1953 Comp., § 45-17-24; repealed by Laws 2013, ch. 207, § 1.

The Produce Marketing Act [76-15-10 to 76-15-21 NMSA 1978] shall not apply to any New Mexico grower growing and selling produce of his own production. History: 1953 Comp., § 45-17-33, enacted by Laws 1963, ch. 82, § 1.

This act [76-15-10 to 76-15-21 NMSA 1978] may be cited as the "Produce Marketing Act". History: 1953 Comp., § 45-17-34, enacted by Laws 1963, ch. 82, § 2.

The purpose of the Produce Marketing Act is to promote the development of the produce industry in New Mexico, to prevent fraud and deception in the receiving, packing, marketing, shipping, consignment, sale and accounting of sales of produce, to establish quality standards for pr…

As used in the Produce Marketing Act: A. "produce" means the food product from any vine, tree or plant which produces fruits, vegetables or nuts for human consumption; B. "board" means the board of regents of the New Mexico state university; C. "broker" means a commission merchan…

Except for a cash buyer, no person shall act as a dealer, broker or packer without first obtaining a license from the board. The board may grant licenses in proper cases upon written application accompanied by the appropriate fee and surety bond. The application shall be on a for…

The fees and bonds required under the Produce Marketing Act shall be established by the department of agriculture in an amount not to exceed: License Fee Bond Broker $100 $100,000 Packer $50.00 $50,000 Dealer $50.00 $50,000 History: 1953 Comp., § 45-17-38, enacted by Laws 1963, c…

All persons licensed under the Produce Marketing Act shall keep complete and accurate records showing all produce handled by them, the ownership of the produce, date and place of any shipments. Packers will give growers the weight or count by box or bag of any produce packed for …

The board is authorized to: A. establish, after proper hearing, reasonable rules and regulations on containers, packaging and labeling; B. establish regulations on acquiring information about brokers, [and] packers, relative to the officers, or officials in the company; and C. es…

Any grower, or broker, desiring federal-state inspection certificates on loads or lots of fruits or vegetables may request inspection and certification and receive such inspection and certification upon payment of fees set by board regulation to cover the cost of inspection fees …

Any person violating any provision of the Produce Marketing Act or any rule or regulation promulgated by the board is guilty of a misdemeanor and upon conviction shall be fined not more than three hundred dollars ($300) or imprisoned for not more than ninety days, or both. Convic…

History: 1941 Comp., § 48-1825, enacted by Laws 1949, ch. 106, § 2; 1953 Comp., § 45-17-25; repealed by Laws 2013, ch. 207, § 1.

In addition to any other remedy under law, the board may apply to the district court for an injunction, and in proper case the district court may issue a temporary or permanent injunction or both, restraining any person from violating or continuing to violate any of the provision…

In the absence of written agreement between the parties, setting a shorter time, no action by an owner or grower for payment from any broker or other person for any load or lot of produce shall be commenced prior to sixty days from the time of shipment. After sixty days from the …

History: 1953 Comp., § 45-17-45, enacted by Laws 1963, ch. 82, § 13; repealed by Laws 2013, ch. 207, § 1.

History: 1941 Comp., § 48-1826, enacted by Laws 1949, ch. 106, § 3; 1953 Comp., § 45-17-26; repealed by Laws 2013, ch. 207, § 1.

History: 1941 Comp., § 48-1827, enacted by Laws 1949, ch. 106, § 4; 1953 Comp., § 45-17-27; repealed by Laws 2013, ch. 207, § 1.

History: 1941 Comp., § 48-1828, enacted by Laws 1949, ch. 106, § 5; 1953 Comp., § 45-17-28; repealed by Laws 2013, ch. 207, § 1.