Chapter 76 — Chapter 76

History: 1941 Comp., § 48-1829, enacted by Laws 1949, ch. 106, § 6; 1953 Comp., § 45-17-29; repealed by Laws 2013, ch. 207, § 1.

History: 1941 Comp., § 48-1830, enacted by Laws 1949, ch. 106, § 7; 1953 Comp., § 45-17-30; repealed by Laws 2013, ch. 207, § 1.

History: 1941 Comp., § 48-1831, enacted by Laws 1949, ch. 106, § 8; 1953 Comp., § 45-17-31; repealed by Laws 2013, ch. 207, § 1.

History: 1941 Comp., § 48-1832, enacted by Laws 1949, ch. 106, § 9; 1953 Comp., § 45-17-32; repealed by Laws 2013, ch. 207, § 1.

In this act [76-16-1 to 76-16-9 NMSA 1978], unless the context otherwise requires: "container" means any sack, box, barrel, carton or other receptacle used for packing, shipping or selling unshelled pecans; "subcontainer" means any container when being used within another contain…

The purpose of this act [76-16-1 to 76-16-9 NMSA 1978] is to promote the development of the New Mexico pecan industry; to prevent deception in the packing, marking, shipping or sale of unshelled pecans which are packed, marketed, sold or shipped from this state to other states, o…

employees; payment.] The regents of the college of agriculture and mechanic arts of the state of New Mexico [New Mexico state university], are charged with the enforcement of this act [76- 16-1 to 76-16-9 NMSA 1978], and such regents are authorized and empowered to promulgate, pu…

Such regents, their agents and employees shall have power to enter and inspect every place or vehicle within the state where pecans are produced, received, packed, delivered, loaded, shipped, offered for sale or sold, whether for intrastate or interstate shipment, and to inspect …

A. Unshelled pecans shall be free from blanks and from damage such as germinated kernels, and free from foreign materials. The kernels of unshelled pecans must be mature, well cured, free from rancidity, molds, worm injury and excessive shriveling, so that the meat is [not] leath…

A. It shall be unlawful to pack or cause to be packed, sell, offer for sale, deliver for shipment, load, ship or transport for shipment, whether packed, shipped or sold or offered for sale in domestic, interstate, intrastate or foreign commerce any unshelled pecans within the mea…

A. Any unshelled pecans packed, stored or delivered for shipment, loaded, shipped or being transported or sold in violation of any of the provisions of this act [76-16-1 to 76-16-9 NMSA 1978], and their containers, are public nuisances, and shall not be moved from the place where…

The district attorney of any judicial district in which a violation of this act [76-16-1 to 76-16-9 NMSA 1978] occurs shall, upon request of any enforcing officer or other interested person, prosecute such violation. History: Laws 1939, ch. 215, § 8; 1941 Comp., § 48-1908; 1953 C…

Any person who violates any provision of this act [76-16-1 to 76-16-9 NMSA 1978] or lawful rule or regulation made pursuant hereto, shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars [($500)] or be imprisoned not more than one y…

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.

History: 1953 Comp., § 47-22-1, enacted by Laws 1961, ch. 151, § 1; 1973, ch. 102, § 1; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-10, enacted by Laws 1961, ch. 151, § 10; 1973, ch. 102, § 10; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-11, enacted by Laws 1961, ch. 151, § 11; 1973, ch. 102, § 11; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-12, enacted by Laws 1961, ch. 151, § 12; 1973, ch. 102, § 12; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-12.1, enacted by Laws 1973, ch. 102, § 13; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-13, enacted by Laws 1961, ch. 151, § 13; 1973, ch. 102, § 14; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-2, enacted by Laws 1961, ch. 151, § 2; 1973, ch. 102, § 2; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-3, enacted by Laws 1961, ch. 151, § 3; 1973, ch. 102, § 3; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-4, enacted by Laws 1961, ch. 151, § 4; 1973, ch. 102, § 4; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-5, enacted by Laws 1961, ch. 151, § 5; 1973, ch. 102, § 5; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-6, enacted by Laws 1973, ch. 102, § 6; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-7, enacted by Laws 1961, ch. 151, § 7; 1973, ch. 102, § 7; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-8, enacted by Laws 1961, ch. 151, § 8; 1973, ch. 102, § 8; repealed by Laws 2013, ch. 23, § 18.

History: 1953 Comp., § 47-22-9, enacted by Laws 1961, ch. 151, § 9; 1973, ch. 102, § 9; repealed by Laws 2013, ch. 23, § 18.

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 shall be paid to the board for all commercial feeds distributed in New Mexico. The fee shall not exceed fifteen cents ($.15) per ton, or, for each brand of commercial feed distributed in individual packages of ten pounds or less, a distributor shall pay an an…

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…