Chapter 76, Chapter 76

This act [76-18-1 to 76-18-9 NMSA 1978] may be cited as the "Cotton District Act". History: 1953 Comp., § 45-24-1, enacted by Laws 1965, ch. 107, § 1. ANNOTATIONS

The purpose of the Cotton District Act is to promote the cotton industry in the state by preventing fraud and deception in ginning and marketing, eliminating or reducing economic waste in marketing and developing markets. History: 1953 Comp., § 45-24-2, enacted by Laws 1965, ch. …

As used in the Cotton District Act: A. "cotton" means all varieties or strains of upland cotton, except American- Egyptian varieties when not mixed in harvesting or ginning; B. "grower" means any person engaged in raising cotton for market; C. "district" means a cotton district o…

Under supervision and control of the board of regents of New Mexico state university, the director shall: A. administer and enforce the Cotton District Act, and he may delegate all, or any portion, of his powers to any assistant directors; B. appoint, with the consent of each dis…

A. Whenever twenty-five or more growers within any given area petition the director to create a district within the area described in the petition, he shall call an election to be held within the area. The call for election shall be posted in five public places within the propose…

A. In order to defray necessary expenses he incurs in the formulation, issuance, administration and enforcement of any orders in a district, and advertising and sales promotion costs for the district, the director shall prepare a budget for these expenses, but the total budget sh…

The director and members and employees of a district board of directors are not responsible for errors in judgment, mistakes or other acts of commission or omission except for their own individual acts of dishonesty or crime. History: 1953 Comp., § 45-24-7, enacted by Laws 1965, …

Any person who violates any provision of the Cotton District Act or any order of the director issued under the act is guilty of a misdemeanor. History: 1953 Comp., § 45-24-8, enacted by Laws 1965, ch. 107, § 8.

The director may bring an action in the district court to enjoin the violation of any provision of the Cotton District Act or order of the director issued under the act. History: 1953 Comp., § 45-24-9, enacted by Laws 1965, ch. 107, § 9.

Chapter 76, Article 19A NMSA 1978 may be cited as the "New Mexico Commercial Feed Act". History: Laws 2013, ch. 23, § 1; 2020, ch. 69, § 4.

A. All commercial feed, except customer-formula feed, shall be registered with the department before being distributed in New Mexico. The application for registration shall be submitted on forms furnished by the department and accompanied by a label or other printed matter descri…

A. Except as provided in Subsection B of this section, in addition to the commercial feed registration fee required pursuant to Section 76-19A-10 NMSA 1978, the department shall collect an annual fee on each pet food registered with the department as follows: (1) beginning Januar…

A. Except as provided in Subsection E of this section, to enforce the provisions of the New Mexico Commercial Feed Act, an employee or agent of the department may enter upon the premises and inspect any factory, warehouse or other establishment in New Mexico in which commercial f…

A. An inspection fee set by the board shall be paid to the board for all commercial feeds distributed in New Mexico. The fee shall be twenty-five cents ($.25) per ton, but not less than five dollars ($5.00) per reporting period, or, for each brand of commercial feed distributed i…

A. When an employee or agent of the department has reasonable cause to believe that any lot of commercial feed is being distributed in violation of any of the provisions of the New Mexico Commercial Feed Act or rules promulgated in accordance with that act, it may issue and enfor…

A. The department may apply to the district court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of the New Mexico Commercial Feed Act or the rules promulgated in accordance with that act. B. A person a…

A person convicted of violating Section 6 [76-19A-6 NMSA 1978] of the New Mexico Commercial Feed Act is guilty of a misdemeanor and shall be fined in an amount not more than one hundred dollars ($100) for the first violation and not more than one thousand dollars ($1,000) for a s…

The department may cooperate with and enter into agreements with governmental agencies of New Mexico, other states and the federal government and private associations to carry out the purpose and provisions of the New Mexico Commercial Feed Act. History: Laws 2013, ch. 23, § 16.

The department shall publish an annual report on the manufacture and distribution of commercial feeds in New Mexico, together with such data on their production and use as the department determines, and a report of the results of the analyses of official samples of commercial fee…

As used in the New Mexico Commercial Feed Act: A. "board" means the board of regents of New Mexico state university; B. "brand name" means any word, name, symbol or device, or any combination of words, names, symbols or devices, that identifies a commercial feed and distinguishes…

A. The New Mexico Commercial Feed Act shall be administered by the department under the direction of the board. The board shall adopt and promulgate rules to carry out the provisions of that act. B. In promulgating rules as appropriate to the conditions that exist in New Mexico, …

The New Mexico Commercial Feed Act applies to mineral feed, pet food and specialty pet food as well as other commercial feed. That act applies to contract feeders as well as distributors. History: Laws 2013, ch. 23, § 4.

The following are exempt from the provisions of the New Mexico Commercial Feed Act: A. commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances that are not intermixed with other materials for animal feed and are not adult…

A person shall not: A. manufacture or distribute commercial feed that is adulterated or misbranded; B. adulterate or misbrand commercial feed; C. distribute otherwise exempt agricultural commodities or products that are adulterated as provided in Section 8 [76-19A-8 NMSA 1978] of…

A commercial feed shall be deemed to be misbranded if: A. its labeling is false or misleading in any particular; B. it is distributed under the name of another commercial feed; C. it is not labeled as required in Section 9 [76-19A-9 NMSA 1978] of the New Mexico Commercial Feed Ac…

A commercial feed is adulterated if: A. it bears or contains any poisonous or deleterious substance that may render it injurious to health; provided, however, that if the poisonous or deleterious substance is not an added substance, the commercial feed shall not be considered adu…

A. Commercial feed, except customer-formula feed, shall be accompanied by a label bearing the following information: (1) the quantity statement; (2) the product name and the brand name, if any, under which the commercial feed is distributed; (3) the guaranteed analysis, expressed…

This act [76-20-1 to 76-20-5 NMSA 1978] may be cited as the "Agricultural Market Development Act of 1979". History: Laws 1979, ch. 130, § 1.

As used in the Agricultural Market Development Act of 1979: A. "board" means the board of regents of New Mexico state university; B. "department" means the department of agriculture; C. "farm products" means all agricultural, floricultural, vegetable and fruit products of the soi…

The department is authorized to and may engage in a program of agricultural market development, which may include but not be limited to the following services and functions: A. assisting in the development of new markets or expansion of existing markets for farm products produced…

A. Nothing in the Agricultural Market Development Act of 1979 shall authorize the department to: (1) engage in any commercial transaction involving farm or food products as purchaser, seller, broker or dealer; or (2) acquire or own any farm or food product. B. In the performance …

A. The department shall report to the legislature at each annual session the progress made in improving agricultural markets for New Mexico farm products. Such report shall include monetary and volume increases achieved. History: Laws 1979, ch. 130, § 5.

This act [76-21-1 to 76-21-22 NMSA 1978] may be cited as the "Agricultural Commodity Commission Act". History: Laws 1983, ch. 231, § 1.

The director or his designee shall be ex officio member of the commission, without right to vote. History: Laws 1983, ch. 231, § 10.

Each member of the commission shall have the following qualifications which shall continue during his term of office: A. a legal resident of the United States; B. a bona fide resident of the state; C. shall have demonstrated an active interest in the development of the commodity …

A. The director shall immediately declare the office of any member of the commission vacant whenever such member has ceased to be an active producer or handler in this state, has become a resident of another state or is not performing the duties of his office. B. The director may…

The commission shall meet as soon as practicable for the purpose of organizing. It shall elect a chairman and a secretary-treasurer from among its members. It shall adopt a general statement of policy for guidance and shall transact such other business as is necessary to start th…

The commission may: A. conduct or cause to be conducted studies to increase the commercial value of, expand current markets and find new markets for and establish or provide for the establishment of marketing development projects for the commodity and products thereof; B. dissemi…

A. The commission may assess, levy and collect an assessment, the amount of which shall not exceed the maximum stated in the petition for referendum, on all units, plants or animals of the commodity produced or handled within this state and sold in commercial channels. If the com…

Any producer on whose behalf an assessment has been paid is entitled to a refund of the amount paid by making written application therefor to the commission. The application shall be made within thirty days after the sale was made giving rise to the assessment and shall contain e…

assessment. A. On dates established by the commission, the first purchaser shall provide prescribed information and reports on forms designated by the commission. B. The first purchaser shall deduct an assessment at the time of sale and pay to the commission the amount of the ass…

Each person required to pay an assessment on a commodity under the Agricultural Commodity Commission Act shall keep records sufficient to enable the commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or du…

The commission shall: A. submit to the director for approval a detailed annual budget for the commission on a fiscal year basis and provide a copy of such budget upon request to any person who has paid an assessment; B. bond officers and employees of the commission who receive an…

As used in the Agricultural Commodity Commission Act: A. "animal" means any agricultural animal except beef cattle and horses; B. "commercial channels" means the sale of the commodity for use as food or for industrial, agricultural or chemurgic use, when sold to any commercial bu…

After three years from the date any commission is created, a referendum may be held at the petition of twenty-five or more producers of the commodity or at the request of the commission upon the question of the discontinuance of the commission. Any costs of such referendum are to…

A. All funds received by the commission shall be received by the commission and disbursed directly by the commission according to procedures approved by the director and shall be subject to audit by the state auditor at his discretion. The commission is not required to submit vou…

Claims Act. The commission is exempt from the operation of the Public Purchases Act [repealed] and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The commission members and their employees are public employees for the purposes of the Tort Claims Act [41- 4-1 to 41-4-27 NMSA…

commodity. Any twenty-five or more persons interested in the production of a particular commodity for which it is proposed to establish a commission may file a petition with the department [New Mexico department of agriculture] asking that a commission be established for such com…

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

commission; notice of hearings. A. Within sixty 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 proposed hearings in areas of the state where the commodity is grown in economic qua…