Chapter 76 — Chapter 76

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…

commission. A. After 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 commission whose interest is the general welfare of the producers of the commodity and if the need is sufficient …

commission after determination by director. A. If the director determines the need for a commission is sufficient to justify the holding of a referendum, he shall within a reasonable time hold a referendum upon the proposition of the creation of the commission. B. Notice of a ref…

The director shall declare a commission created if the proposition received an affirmative vote in the referendum of two-thirds of the producers voting and if the total voting producers are producers of more than one-third of the total quantity of the commodity produced in the st…

and handlers. A. The commission shall be composed of from five to eleven members, as stated in the petition for referendum. Members shall be elected by producers from nominations made to the director by producers or producers' organizations. B. Members of the commission shall be …

This act [76-21A-1 to 76-21A-5 NMSA 1978] may be cited as the "Organic Production Act". History: Laws 2011, ch. 29, § 1.

A. The Organic Production Act shall be administered and enforced by the New Mexico department of agriculture, under the direction of the board of regents of New Mexico state university. The New Mexico department of agriculture is authorized to regulate the production, handling an…

History: Laws 2011, ch. 29, § 3; repealed by Laws 2017, ch. 113, § 1.

All money received by the New Mexico department of agriculture pursuant to the provisions of the Organic Production Act, including assessments, fees, appropriations, gifts, grants and donations, shall be expended only for the purpose of carrying out the provisions of that act. Hi…

A. Any transactions involving agricultural products that bear labels stating that the agricultural products are organically produced are subject to Sections 57-15-1 through 57-15-10 NMSA 1978. B. Any transactions involving agricultural products that are food and that bear labels …

History: Laws 1990, ch. 122, § 1; 1993, ch. 330, § 1; repealed by Laws 2011, ch. 29, § 7.

ANNOTATIONS Repeals. — Laws 1993, ch. 330, § 18 repealed 76-22-10 NMSA 1978, as enacted by Laws 1990, ch. 122, § 10, relating to the continuance of the organic commodity commission, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.c…

History: Laws 1990, ch. 122, § 11; repealed by Laws 2011, ch. 29, § 7.

History: Laws 1990, ch. 122, § 12; 1993, ch. 330, § 8; repealed by Laws 2011, ch. 29, § 7.

History: Laws 1990, ch. 122, § 13; 1993, ch. 330, § 9; repealed by Laws 2011, ch. 29, § 7.

History: Laws 1990, ch. 122, § 14; 1993, ch. 330, § 10; repealed by Laws 2011, ch. 29, § 7.

History: Laws 2001, ch. 157, § 5; 2004, ch. 64, § 3; repealed by Laws 2011, ch. 29, § 7.

ANNOTATIONS Repeals. — Laws 1993, ch. 330, § 18 repealed 76-22-15 NMSA 1978, as enacted by Laws 1990, ch. 122, § 15, relating to the organic certification handbook, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

History: Laws 1990, ch. 122, § 16; 1993, ch. 330, § 11; 2004, ch. 64, § 4; repealed by Laws 2011, ch. 29, § 7.

History: Laws 1990, ch. 122, § 17; repealed by Laws 2011, ch. 29, § 7.

History: 1978 Comp., § 76-22-18, enacted by Laws 1993, ch. 330, § 12; repealed by Laws 2011, ch. 29, § 7.

History: Laws 1990, ch. 122, § 19; repealed by Laws 2011, ch. 29, § 7.

History: Laws 1990, ch. 122, § 2; 1993, ch. 330, § 2; repealed by Laws 2011, ch. 29, § 7.

History: Laws 1990, ch. 122, § 20; repealed by Laws 2011, ch. 29, § 7.