Section 76-5-25 – Powers of board and department.
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, […]
Section 76-5-26 – Fees.
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 […]
Section 76-5-27 – Fees collected.
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, […]
Section 76-5-28 – Penalties.
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 […]
Section 76-5-24 – Forms.
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 […]
Section 76-5-13 – Authority to inspect.
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 […]
Section 76-5-14 – Inspection before sale.
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 […]
Section 76-5-15 – Inspection of nurseries.
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 […]
Section 76-5-16 – Dealers’ or agents’ licenses.
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 […]
Section 76-5-18 – Repealed.
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.