Section 76-7A-10 – Inspections authorized.
In order to prevent the introduction, spread or dissemination of a harmful plant, the department, after written notice to the owner or his agent, may detect, take possession [of], stop movement [of], eradicate, suppress, control, treat, prevent or retard the spread of or destroy any harmful plant, or stop movement [of] or treat any article […]
Section 76-7A-11 – Penalties.
A. Any person who knowingly violates any provision of the Harmful Plant Act or any regulation adopted by the board pursuant thereto is guilty of a petty misdemeanor and, upon conviction, shall be punished by a fine of one hundred dollar ($100). Each day of violation shall constitute a separate and punishable offense. B. The […]
Section 76-7A-1 – [Short title.]
This act [76-7A-1 to 76-7A-11 NMSA 1978] may be cited as the “Harmful Plant Act.” History: 1978 Comp., § 76-7A-1, enacted by Laws 1978, ch. 125, § 1.
Section 76-7A-2 – Definitions.
As used in the Harmful Plant Act: A. “article” means soil, seeds, unprocessed feeds, packaging materials, nursery stock, machinery or anything capable of transporting or harboring a harmful plant; B. “board” means the board of regents of New Mexico state university; C. “department” means the New Mexico department of agriculture; D. “move” means to ship, […]
Section 76-7A-3 – General powers and duties of the board.
A. The board, through the department, shall administer and enforce the provisions of the Harmful Plant Act. B. The board may: (1) adopt such regulations as it deems necessary to administer and enforce the provisions of the Harmful Plant Act; (2) accept grants of money from any state or federal agency, producer [,] organization or […]
Section 76-7A-4 – Quarantine powers of the board.
The board may quarantine the state or any portion thereof whenever the department determines that a harmful plant exists therein and that such action is necessary to prevent the introduction of a harmful plant into the state or to retard the spread or dissemination of a harmful plant that has become established in the state. […]
Section 76-7A-5 – Temporary quarantine powers of the department.
If it has reasonable cause to believe that a harmful plant exists and there is an immediate need to prevent its introduction, spread or dissemination in New Mexico, the department may impose a temporary quarantine on the state or any portion of the state to prevent the introduction, spread or dissemination of the harmful plant. […]
Section 76-7A-6 – Temporary quarantine powers of the department with respect to livestock.
The department may quarantine any domestic livestock, captive wildlife or captive estray animals suspected [of exposure] or knowingly [known to be] exposed to a harmful plant. The quarantine shall not exceed a period of ninety-six hours or for such lesser period when the animal’s digestive system can reasonably be expected to be purged of carrying […]
Section 76-7A-7 – Effect of a quarantine.
When a quarantine is in effect, no person shall move any harmful plant described in the order from the quarantined area in this state into or through other parts of this state or from the quarantined area in other states into or through this state contrary to the provisions of the Harmful Plant Act or […]
Section 76-7A-8 – Harmful plants; designation.
A. After a hearing the board may, by regulation, designate a plant to be a harmful plant when it finds that the plant is not known to occur in or is new to or not widely distributed in the state and may: (1) directly or indirectly injure crops or other useful plants; (2) be poisonous […]