History: 1941 Comp., § 48-1824, enacted by Laws 1949, ch. 106, § 1; 1953 Comp., § 45-17-24; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-1 NMSA 1978, as enacted by Laws 1949, ch. 106, § 1, relating to the purpose of the act, effective […]
The Produce Marketing Act [76-15-10 to 76-15-21 NMSA 1978] shall not apply to any New Mexico grower growing and selling produce of his own production. History: 1953 Comp., § 45-17-33, enacted by Laws 1963, ch. 82, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 23. 36A […]
This act [76-15-10 to 76-15-21 NMSA 1978] may be cited as the “Produce Marketing Act”. History: 1953 Comp., § 45-17-34, enacted by Laws 1963, ch. 82, § 2.
The purpose of the Produce Marketing Act is to promote the development of the produce industry in New Mexico, to prevent fraud and deception in the receiving, packing, marketing, shipping, consignment, sale and accounting of sales of produce, to establish quality standards for produce and to provide for proper licensing and bonding of brokers, packers […]
As used in the Produce Marketing Act: A. “produce” means the food product from any vine, tree or plant which produces fruits, vegetables or nuts for human consumption; B. “board” means the board of regents of the New Mexico state university; C. “broker” means a commission merchant or any other person engaged in the business […]
Except for a cash buyer, no person shall act as a dealer, broker or packer without first obtaining a license from the board. The board may grant licenses in proper cases upon written application accompanied by the appropriate fee and surety bond. The application shall be on a form prescribed and provided by the board, […]
The fees and bonds required under the Produce Marketing Act shall be established by the department of agriculture in an amount not to exceed: License Fee Bond Broker $100 $100,000 Packer $50.00 $50,000 Dealer $50.00 $50,000 History: 1953 Comp., § 45-17-38, enacted by Laws 1963, ch. 82, § 6; 1981, ch. 283, § 3. ANNOTATIONS […]
All persons licensed under the Produce Marketing Act shall keep complete and accurate records showing all produce handled by them, the ownership of the produce, date and place of any shipments. Packers will give growers the weight or count by box or bag of any produce packed for the grower. Brokers are required to give […]
The board is authorized to: A. establish, after proper hearing, reasonable rules and regulations on containers, packaging and labeling; B. establish regulations on acquiring information about brokers, [and] packers, relative to the officers, or officials in the company; and C. establish any other rules or regulations the board may deem necessary. History: 1953 Comp., § […]
Any grower, or broker, desiring federal-state inspection certificates on loads or lots of fruits or vegetables may request inspection and certification and receive such inspection and certification upon payment of fees set by board regulation to cover the cost of inspection fees and issuance of the certificates. History: 1953 Comp., § 45-17-41, enacted by Laws […]
Any person violating any provision of the Produce Marketing Act or any rule or regulation promulgated by the board is guilty of a misdemeanor and upon conviction shall be fined not more than three hundred dollars ($300) or imprisoned for not more than ninety days, or both. Conviction of a misdemeanor under the Produce Marketing […]
History: 1941 Comp., § 48-1825, enacted by Laws 1949, ch. 106, § 2; 1953 Comp., § 45-17-25; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-2 NMSA 1978, as enacted by Laws 1949, ch. 106, § 2, relating to application of the act, effective June […]
In addition to any other remedy under law, the board may apply to the district court for an injunction, and in proper case the district court may issue a temporary or permanent injunction or both, restraining any person from violating or continuing to violate any of the provisions of the Produce Marketing Act or any […]
In the absence of written agreement between the parties, setting a shorter time, no action by an owner or grower for payment from any broker or other person for any load or lot of produce shall be commenced prior to sixty days from the time of shipment. After sixty days from the date of shipment […]
History: 1953 Comp., § 45-17-45, enacted by Laws 1963, ch. 82, § 13; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-22 NMSA 1978, as enacted by Laws 1963, ch. 82, § 13, relating to relationship to other laws, effective June 14, 2013. For provisions […]
History: 1941 Comp., § 48-1826, enacted by Laws 1949, ch. 106, § 3; 1953 Comp., § 45-17-26; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-3 NMSA 1978, as enacted by Laws 1949, ch. 106, § 3, relating to definitions of terms, effective June 14, […]
History: 1941 Comp., § 48-1827, enacted by Laws 1949, ch. 106, § 4; 1953 Comp., § 45-17-27; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-4 NMSA 1978, as enacted by Laws 1949, ch. 106, § 4, relating to duties of the director, effective June […]
History: 1941 Comp., § 48-1828, enacted by Laws 1949, ch. 106, § 5; 1953 Comp., § 45-17-28; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-5 NMSA 1978, as enacted by Laws 1949, ch. 106, § 5, relating to organization of districts, effective June 14, […]
History: 1941 Comp., § 48-1829, enacted by Laws 1949, ch. 106, § 6; 1953 Comp., § 45-17-29; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-6 NMSA 1978, as enacted by Laws 1949, ch. 106, § 6, relating to budgeting and collection of fees, effective […]
History: 1941 Comp., § 48-1830, enacted by Laws 1949, ch. 106, § 7; 1953 Comp., § 45-17-30; repealed by Laws 2013, ch. 207, § 1. ANNOTATIONS Repeals. — Laws 2013, ch. 207, § 1 repealed 76-15-7 NMSA 1978, as enacted by Laws 1949, ch. 106, § 7, relating to compliance, violations and penalties, effective June […]
