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 orchards and residents of the county, stating in substance that there is danger in the introduction in said county […]
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 [department] shall credit moneys received from each local control committee to the account of […]
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. ANNOTATIONS The 2013 amendment, effective June 14, 2013, changed “This act” to “Sections 76-5-11 through 76-5-28 NMSA 1978”. Purpose of this act is […]
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 course of events could be transported with the plant, […]
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 inspect associated documentation. Nursery or florist stock […]
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 application for inspection shall be accompanied by the prescribed fee for […]
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 to be free from plant pests. The […]
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, apply to the department for a nursery or florist dealer’s, landscaper’s […]
ANNOTATIONS Repeals. — Laws 1979, ch. 193, § 10, repealed 76-5-17 and 76-5-18 NMSA 1978, as enacted by Laws 1959, ch. 195, §§ 8 and 9, respectively, relating to the exemption of amateur gardeners from the Plant Protection Act and permits for shipping from out-of-state.
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, ch. 53, § 9; 1973, ch. 97, § […]
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. ANNOTATIONS Compiler’s notes. — The words “this act” refer to Laws 1957, ch. 212, compiled herein as 76-5-2, 76-5-3, 76-5-5, 76-5-8 to 76-5-10 […]
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 or cold or nursery stock that has been […]
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, § 5.
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. ANNOTATIONS Repeals. — Laws 2013, ch. 15, § 10 repealed 76-5-22 NMSA 1978, as enacted by Laws 1959, ch. 195, § 12, relating to […]
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 statement is required, it is unlawful for any transportation company, […]
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 have been certified to […]
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 those standards and grades recommended by an industry-recognized reference, […]
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 dollars ($2.00) per acre of nursery stock inspected; (2) annual special […]
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; 1967, ch. 53, § 10; 1973, ch. 97, […]
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 in violation constitutes a separate offense. The license of any […]
