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. ANNOTATIONS The 2020 amendment, effective July 1, 2020, changed “This act” to “Chapter 76, Article 19A NMSA 1978”.
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 describing the commercial feed and by a registration fee of two dollars ($2.00). A […]
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 January 1, 2021, fifty dollars ($50.00); (2) beginning January 1, 2022, […]
A. Except as provided in Subsection E of this section, to enforce the provisions of the New Mexico Commercial Feed Act, an employee or agent of the department may enter upon the premises and inspect any factory, warehouse or other establishment in New Mexico in which commercial feeds are manufactured, processed, packed or held for […]
A. An inspection fee shall be paid to the board for all commercial feeds distributed in New Mexico. The fee shall not exceed fifteen cents ($.15) per ton, or, for each brand of commercial feed distributed in individual packages of ten pounds or less, a distributor shall pay an annual inspection fee not to exceed […]
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 enforce a written “withdrawal from distribution” […]
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 adversely affected by an act, order or ruling […]
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 second or subsequent violation. History: […]
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. ANNOTATIONS Effective dates. — Laws 2013, ch. 23, § 19 […]
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 feeds sold in New Mexico as compared with the analyses […]
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 it from that of other commercial feeds; C. […]
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 board shall consider current good manufacturing […]
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. ANNOTATIONS Effective dates. — Laws 2013, ch. 23, § 19 made the New Mexico Commercial Feed […]
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 adulterated as provided in Section 8 [76-19A-8 NMSA 1978] of the […]
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 the New Mexico Commercial Feed Act; D. fail to register commercial feed in accordance […]
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 Act; D. it purports to […]
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 adulterated pursuant to this subsection if the quantity of the poisonous […]
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 on an “as is” basis, stated in such terms as the board determines […]
