Chapter 76 — Chapter 76

A. The department shall provide for an annual inspection of any equipment used for the application of pesticides by a commercial pesticide applicator and may require repairs or other changes before the equipment is used to apply pesticides. A list of requirements that the equipme…

Each licensed apparatus shall be identified by a license plate or decal furnished by the department, at no cost to the licensee. The license plate or decal shall be affixed in a location and manner upon the application apparatus as prescribed by the department. History: 1953 Comp…

Except for the use of restricted use pesticides the provisions of the Pesticide Control Act relating to licenses and requirements for their issuance shall not apply to any farmer or rancher owner of a ground or manual apparatus applying pesticides for himself or his farmer or ran…

ANNOTATIONS Repeals. — Laws 1979, ch. 394, § 15, repealed 76-4-29 NMSA 1978, as enacted by Laws 1973, ch. 366, § 29, relating to the exemption of landscape gardeners from the provisions of the Pesticide Control Act.

As used in the Pesticide Control Act: A. "equipment" means any type of ground, water or aerial equipment, device or contrivance using motorized, mechanical or pressurized power to apply any pesticide on land and anything that may be growing, habitating or stored on or in such lan…

containers. No person shall discard, transport or distribute any pesticide or pesticide container in a manner that may cause injury to humans, vegetation, crops, livestock, wildlife or beneficial insects or pollute any waterway. History: 1953 Comp., § 45-25-30, enacted by Laws 19…

A. For the purpose of carrying out the provisions of the Pesticide Control Act, the department is authorized upon presentation of proper identification and with consent of the owner or by court order, to enter any public or private premises, in order to: (1) inspect any apparatus…

A. The department may classify licenses to be issued under the Pesticide Control Act. Such classifications may include recommending pesticides to be used in or on land, including but not limited to agricultural crops, ornamentals, structures and noncrop land or to treat regulated…

A. Any person issued a license or permit under the provisions of the Pesticide Control Act shall keep such records as required by regulation of the board. B. Commercial pesticide applicators licensed under the provisions of the Pesticide Control Act shall keep such records as pre…

A. Any person violating any provision or requirement of the Pesticide Control Act or regulations adopted by the board pursuant to that act is guilty of a petty misdemeanor. B. In addition to any other penalties imposed by the Pesticide Control Act, any person who willfully or rep…

A. The penalties provided for violations of Paragraphs (1) through (5) of Subsection A of Section 5 [76-4-5 NMSA 1978] of the Pesticide Control Act shall not apply to: (1) any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upo…

History: 1953 Comp., § 45-25-36, enacted by Laws 1973, ch. 366, § 36; 1977, ch. 253, § 49; 1978, ch. 39, § 1; 1979, ch. 394, § 14; 1983, ch. 296, § 29; repealed Laws 2005, ch. 235, § 1.

The department may publish, in the form it deems proper, results of products analyzed, based on official samples as compared with the guaranteed analysis and information concerning the distribution and use of pesticides. Individual distribution and use information shall not be a …

The department may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, in order to: A. secure uniformity of regulations; B. enter into cooperative…

All moneys received by the department under the provisions of the Pesticide Control Act shall be expended for the purpose of carrying out the provisions of the Pesticide Control Act. History: 1953 Comp., § 45-25-39, enacted by Laws 1973, ch. 366, § 39.

A pesticide or device is misbranded if: A. its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading; B. it is contained in a package or other container or wrapping which does not conform to the standard…

A. It is unlawful for any person to distribute within the state, to deliver for transportation or transport in intrastate commerce, or between points within this state through any point outside this state, or use any of the following: (1) any pesticide which has not been register…

A. Each pesticide or device that is distributed within the state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the department subject to the provisions of the…

A. No person shall conduct field tests using a pesticide not registered with the department or a registered pesticide for a use not previously approved in the registration without first having obtained an experimental use permit from the department. B. Any person may apply to the…

A. If it does not appear to the department that the pesticide or device warrants the proposed claims or if the pesticide or device and its labeling and other required material do not comply with the provisions of the Pesticide Control Act or regulations adopted thereunder, the de…

regulations; scope of regulations. The department shall administer and enforce the provisions of the Pesticide Control Act and regulations promulgated by the board. A. The board may after notice and public hearing adopt regulations for carrying out the purpose and provisions of t…

Except as otherwise authorized in the Pesticide Control Act, no city, county or other political subdivision of the state and no home rule municipality shall adopt or continue in effect any ordinance, rule, regulation or statute regarding the registration, labeling, distribution, …

moth" or other worms or insects destructive to fruit.] Boards of county commissioners in the various counties of this state are authorized and empowered and it is hereby made their duty whenever a petition is presented to them signed by twenty-five fruit growers, owners of orchar…

The control board [New Mexico department of agriculture] shall remit assessment moneys received from local control committees to the state treasurer for the credit of the grasshopper and other range pest control fund; provided, however, the state range pest control board [departm…

Sections 76-5-11 through 76-5-28 NMSA 1978 may be cited as the "Plant Protection Act". History: 1953 Comp., § 45-8-22, enacted by Laws 1959, ch. 195, § 1; 2013, ch. 15, § 1.

As used in the Plant Protection Act: A. "board" means the board of regents of New Mexico state university, the board controlling the New Mexico department of agriculture; B. "plant pests" or "pests" means any organisms injurious to plants and plant products that in the normal cou…

The department may inspect any nursery or other place or vehicle that might become infested or infected with plant pests or that may contain from time to time plants so infested or infected. The department may inspect or reinspect any nursery or florist stock within the state and…

Every person growing or producing nursery stock for sale in this state shall, before selling, shipping or transporting, or offering for sale, shipment or transportation, any nursery stock so grown or produced, apply for an annual inspection of his nursery and nursery stock. The a…

The department is authorized to inspect all nurseries in the state and all nursery stock grown within the state. If the nursery stock is found to be free of plant pests, an inspection certificate shall be issued certifying that the nursery stock has been inspected and is believed…

Every in-state dealer or agent selling, importing into the state or storing in this state nursery or florist stock shall, before October 1 of each year and before engaging in the business of soliciting, landscaping, taking orders, selling, storing or delivering any such stock, ap…

All nursery stock and collected plants sold or trafficked in the state shall be securely and correctly labeled either as to common or botanical names based on a current and recognized industry reference. History: 1953 Comp., § 45-8-31, enacted by Laws 1959, ch. 195, § 10; 1967, c…

This act may be cited as the "Grasshopper and Other Range Pest Control Act." History: 1953 Comp., § 45-8-13, enacted by Laws 1957, ch. 212, § 1; 1967, ch. 63, § 1.

Only pest-free, sound and healthy nursery stock stored, offered or displayed under conditions that will maintain its vigor shall be offered for sale or sold. The offering for sale or sale of dead nursery stock or nursery stock so seriously weakened by drying or by excessive heat …

All persons collecting plants for sale must file with the department an application for a collected plants permit. The board may adopt regulations relative to collected plants. History: 1953 Comp., § 45-8-32, enacted by Laws 1959, ch. 195, § 11; 1973, ch. 97, § 10; 1979, ch. 193,…

History: 1953 Comp., § 45-8-33, enacted by Laws 1959, ch. 195, § 12; 1973, ch. 97, § 11; 1979, ch. 193, § 6; repealed by Laws 2013, ch. 15, § 10.

The department may require a person producing, selling or offering for sale or shipping or transporting any nursery or florist stock within the state to affix or have printed on each package of stock a certification statement as prescribed by the department. When a certification …

It is duty of the department to prescribe all forms to be used in the administration and enforcement of the Plant Protection Act and to compile and furnish a list of all nurseries which have been certified to sell nursery or florist stock within the state and all the persons who …

The department shall enforce the provisions of the Plant Protection Act. The board shall adopt and promulgate such rules as may be necessary for its administration and enforcement. The board may adopt sets of standards and grades for nursery stock and, if it so desires, adopt tho…

A. Fees paid for the licenses, certificates and permits required under the Plant Protection Act shall be set by regulation of the board, but shall not exceed the following amounts: (1) annual inspection fee of nursery and nursery stock, seventy-five dollars ($75.00) plus two doll…

All fees collected under the provisions of the Plant Protection Act shall be deposited in the treasury of the New Mexico state university and be expended for the purpose of its administration and enforcement. History: 1953 Comp., § 45-8-37, enacted by Laws 1959, ch. 195, § 16; 19…

Any person violating the provisions of the Plant Protection Act or, after a notice to cease and desist, violating any rule, regulation or order promulgated under the Plant Protection Act, upon conviction thereof shall be guilty of a petty misdemeanor. Each day the person remains …

It has been determined that areas of New Mexico are endangered by grasshopper and other range pest infestation which would result in the loss of valuable pasturage. The division of plant pest control of the United States department of agriculture has funds available with which to…

As used in the Grasshopper and Other Range Pest Control Act, "state grasshopper and other range pest control board," "control board" or "board" means the New Mexico department of agriculture. All property, appropriations, money, powers and duties of the state grasshopper and othe…

It shall be the primary function of the board [New Mexico department of agriculture] to determine the critically infested grasshopper and other range pest areas within New Mexico and to formulate and carry out plans for the control of infestation. In the performance of its primar…

committees. Before expending or obligating moneys from the grasshopper and other range pest control fund, except for the payment of preliminary organizational costs the board [New Mexico department of agriculture] shall consult with the land users within the infested areas propos…

If the governor declares an area in New Mexico to be a disaster area because an area critically infested by range caterpillars or other range pests is endangering remaining areas of the state, the provisions of Sections 76-5-6 and 76-5-8 NMSA 1978 shall not apply. History: 1953 C…

Local control committees shall: A. cooperate with all federal and state agencies to facilitate the execution of the grasshopper and other range pest extermination program within control districts; B. levy and collect a special assessment, based on acreage sprayed or baited, again…

Payment of the special assessment levied by a local control committee against a land user shall be due and payable upon the land user's receipt of an assessment statement from the committee. The committee's statements shall indicate: A. the total number of acres treated within th…

This act [76-6-1 to 76-6-9 NMSA 1978] may be cited as the "Pest Control Act." History: 1953 Comp., § 45-8-39, enacted by Laws 1969, ch. 41, § 1.

The "Pest Control Compact" is enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows: PEST CONTROL COMPACT Article I Findings The party states find that: (a) In the absence of the higher degree of cooperation a…