Section 60-16-4 – Buyer’s license requirement; application.
A. A license is required for: (1) the purchase of in-shell pecans by a buyer; and (2) each buying location used by a buyer. B. On an annual basis, a buyer shall submit an application to the department for a license. The information required on the application shall be established by department rule. C. A […]
Section 60-16-5 – Duties of buyer; record of purchase.
A. A buyer shall: (1) not purchase in-shell pecans without a valid license; (2) comply with the provisions of the Pecan Buyers Licensure Act and adopted rules; (3) comply with state and federal requirements related to the movement of in-shell pecans; (4) ensure that all of the buyer’s employees involved in the purchasing, receiving or […]
Section 60-16-6 – Exemptions.
A. The Pecan Buyers Licensure Act does not apply to: (1) a person whose business is a grocery store, retail store, gas station or other similar operation and that conducts in-shell pecan transactions totaling less than one hundred pounds during any twelve-month period; (2) transactions involving in-shell pecans for personal consumption totaling less than fifty […]
Section 60-16-7 – Violations; revocation of license; penalty.
A. The department may revoke a license for violations of the Pecan Buyers Licensure Act or the rules or orders promulgated pursuant to that act. The department may deny a subsequent license to a person found to be in violation of the Pecan Buyers Licensure Act. B. A person who violates the provisions of the […]
Section 60-16-8 – Disposition of fees.
All fees collected pursuant to the Pecan Buyers Licensure Act shall be paid into the treasury of New Mexico state university and credited to the department for administration and enforcement of the Pecan Buyers Licensure Act. History: Laws 2018, ch. 47, § 8. ANNOTATIONS Effective dates. — Laws 2018, ch. 47, § 9 made Laws […]
Section 60-16-2 – Definitions.
As used in the Pecan Buyers Licensure Act: A. “buyer” means a person engaged in the business of purchasing in-shell pecans from a pecan producer and includes an accumulator, buying station, cleaning plant, sheller, dealer or broker; B. “buying location” means a physical location where a buyer accepts in-shell pecans or a physical location where […]
Section 60-16-3 – New Mexico department of agriculture; peace officer; powers and duties; rulemaking.
A. The department shall: (1) establish an in-shell pecan licensing and inspection program directed at buyers of in-shell pecans; (2) adopt rules to carry out the provisions of the Pecan Buyers Licensure Act; and (3) collect a reasonable annual licensure fee, established in rule, but not to exceed five hundred dollars ($500). B. The department […]
Section 60-15-9 – License fees.
Applicants for licensure shall pay a fee set by the department not to exceed: A. seventy-five dollars ($75.00) for an initial license or a renewal; and B. five dollars ($5.00) per month in late fees for failure to renew a license within the allocated time period. History: Laws 1993, ch. 183, § 9.
Section 60-15-10 – Repealed.
ANNOTATIONS Repeals. — Laws 1995, ch. 138, § 10, repealed 60-15-10 NMSA 1978, as enacted by Laws 1993, ch. 183, § 10, creating the Hoisting Operators Fund, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
Section 60-15-11 – Fines; denial, suspension or revocation of license; stop work orders; injunctive proceedings; violations.
A. Notwithstanding any other provision of the Crane Operators Safety Act, the department upon reasonable cause that a violation of the provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act has occurred that creates a health or safety risk for the community, which requires immediate action, may issue a […]