SB 143

1AN ACT
2  RELATING TO AGRICULTURE; UPDATING FEES FOR CERTAIN NEW MEXICO
3  DEPARTMENT OF AGRICULTURE REGULATORY DUTIES.
4
5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6SECTION 1.   Section 25-6-9 NMSA 1978 (being Laws 1963,
7  Chapter 138, Section 9, as amended) is amended to read:
8"25-6-9.   EGG INSPECTION FEE.--The Egg Grading Act shall
9  be financed in part by the collection of a fee on all eggs
10 sold to the retailer or consumer.    The fee on eggs being sold
11 to the retailer or consumer shall be one-half cent ($.005)
12 per dozen; provided that the board may index the amount of
13 the fee for inflation until July 1, 2031 using the consumer
14 price index for all urban consumers: all items published by
15 the United States department of labor.    The fee shall be paid
16 by the egg dealer or producer who packages the eggs for sale
17 to the retailer or consumer.   All money collected under the
18 provisions of the Egg Grading Act shall be deposited with
19 New Mexico state university for the purposes of administering
20 the provisions of that act and promoting the poultry industry
21 and its products and shall be expended upon the order of the
22 board in the same manner as other funds of New Mexico state
23 university."
24      SECTION 2.   Section 25-6-12 NMSA 1978 (being Laws 1963,
25 Chapter 138, Section 12, as amended) is amended to read:  SB 143
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1"25-6-12.    CERTIFICATION OF DEALERS.--
2A.     A small dealer's license is required of any
3  person that buys, sells or traffics in more than five cases
4  and less than two hundred cases of eggs in any one week.
5B.     A medium dealer's license is required of any
6  person that buys, sells or traffics in more than two hundred
7  cases and fewer than four hundred cases of eggs in any one
8  week.
9C.     A large dealer's license is required of any
10 person that buys, sells or traffics in more than four hundred
11 cases of eggs in any one week.
12D.     The annual license fee for each type of dealer
13 is:
14(1)   small dealer..............$10.00
15(2)   medium dealer.............$25.00
16(3)   large dealer..............$50.00;
17 provided that the board may index the amount of a fee for
18 inflation until July 1, 2031 using the consumer price index
19 for all urban consumers: all items published by the United
20 States department of labor.
21E.     For the purpose of this section, a "case"
22 consists of thirty dozen eggs.
23F.     All licenses shall be conspicuously posted in
24 the place of business to which they apply.  The license is
25 subject to revocation by the inspectors for cause.  All       SB 143
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1  licenses are renewable annually on July 1 and shall expire on
2  June 30 of the succeeding year."
3SECTION 3.    Section 76-4-22 NMSA 1978 (being Laws 1973,
4  Chapter 366, Section 22, as amended) is amended to read:
5"76-4-22.    FEES.--
6A.    Fees for the registration of pesticides, the
7  various licenses, inspection of apparatuses and examination
8  of applicants required by the Pesticide Control Act shall be
9  set by the board not to exceed the amount authorized below:
10(1)   annual registration fee for each
11 pesticide or device registered, not more than . . . . .       $150;
12(2)   annual pesticide dealer license for each
13 location or outlet within the state or, if there is no outlet
14 in the state, for the principal out-of-state location or
15 outlet, not more than . . . . . . . . . . . . . . . . .       $100;
16(3)   annual pest management consultant
17 license, not more than. . . . . . . . . . . . . . . . .       $100;
18(4)   annual commercial pesticide applicator
19 license, not more than. . . . . . . . . . . . . . . . .       $100;
20(5)   annual operator license, not more
21 than .   . . . . . . . . . . . . . . . . . . . . . . .      $75.00;
22(6)   annual noncommercial applicator license,
23 not more than . . . . . . . . . . . . . . . . . . . . .       $100;
24(7)   private applicator certification or
25 renewal, not more than. . . . . . . . . . . . . . . .       $25.00; SB 143
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1(8)   additional inspection required to
2  certify each unit of aircraft, ground or manual equipment
3  that fails to pass inspection, not more than. . . . .     $25.00;
4  and
5(9)   examination fee for each examination
6  needed to qualify the applicant as a pest management
7  consultant, commercial pesticide applicator, noncommercial
8  applicator or operator or any combination thereof, not more
9  than. . . . . . . . . . . . . . . . . . . . . . . . .     $20.00;
10 provided that the board may index the amount of a fee
11 for inflation until July 1, 2031 using the consumer price
12 index for all urban consumers: all items published by the
13 United States department of labor.
14B.   If the application for the renewal of a
15 pesticide registration or any annual license provided for in
16 the Pesticide Control Act is not filed prior to the
17 expiration date of the prior registration or license, the fee
18 for renewal of registration or license shall be double the
19 amount charged for the prior registration or license and
20 shall be paid by the applicant before the renewal
21 registration or license is issued.   Any person holding a
22 current valid license may renew the license for the next year
23 without taking an examination unless the department
24 determines that additional knowledge relating to the
25 classification for which the applicant has applied makes a  SB 143
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1  new examination necessary.    However, if the license is not
2  renewed within thirty days after expiration, the licensee
3  shall be required to take new certification examinations."
4SECTION 4.    Section 76-5-26 NMSA 1978 (being Laws 1973,
5  Chapter 97, Section 15, as amended) is amended to read:
6"76-5-26.    FEES.--
7A.   Fees paid for the licenses, certificates and
8  permits required under the Plant Protection Act shall be set
9  by rule of the board in the following amounts:
10(1)   annual inspection fee of nursery and
11 nursery stock, seventy-five dollars ($75.00) plus two dollars
12 ($2.00) per acre of nursery stock inspected;
13(2)   annual special inspection fee for person
14 growing only vegetable plants, twenty-five dollars ($25.00);
15(3)   annual nursery or florist dealer's,
16 landscaper's or agent's license fee, seventy-five dollars
17 ($75.00);
18(4)   annual special dealer's license for
19 persons who handle only vegetable or cactus plants,
20 twenty-five dollars ($25.00); and
21(5)   annual fee for collected plants permit,
22 seventy-five dollars ($75.00).
23B.   If the application for renewal of any annual
24 license, permit or certificate provided for in the Plant
25 Protection Act is not filed prior to the expiration of the  SB 143
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1  prior license, permit or certificate, the fee for such
2  license, permit or certificate shall be double the amount
3  specified in this section.       However, this double fee shall
4  not apply if the applicant has not engaged in business
5  subsequent to the expiration of the prior license, permit or
6  certificate and furnishes an affidavit certifying to that
7  fact.
8C.     The board may index the amount of a fee for
9  inflation until July 1, 2031 using the consumer price index,
10 all urban consumers: all items published by the United States
11 department of labor.       The board may adopt rules to exempt a
12 person from the payment of fees."
13SECTION 5.    Section 76-11-4 NMSA 1978 (being Laws 1963,
14 Chapter 184, Section 4, as amended) is amended to read:
15"76-11-4.    FERTILIZER REGISTRATION.--
16A.     Each brand and grade of fertilizer and each
17 soil conditioner product shall be registered before being
18 distributed in the state.       The application for registration
19 shall be submitted to the department on a form furnished by
20 the department and shall be accompanied by a fee of fifty
21 dollars ($50.00) per brand or grade.       The board may index the
22 amount of the fee for inflation until July 1, 2031 using the
23 consumer price index, all urban consumers: all items
24 published by the United States department of labor.       Upon
25 approval by the department, a copy of the registration shall  SB 143
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1  be furnished to the applicant.    All registrations expire on
2  December 31 of each year.
3B.     A distributor shall not be required to register
4  a brand of fertilizer or soil conditioner that is already
5  registered under the New Mexico Fertilizer Act by another
6  person.
7C.     A distributor shall not be required to register
8  a fertilizer formulated according to specifications that are
9  furnished by a consumer prior to mixing but shall be required
10 to label the fertilizer as provided in Subsection C of
11 Section 76-11-5 NMSA 1978."
12      SECTION 6.     Section 76-11-6 NMSA 1978 (being Laws 1963,
13 Chapter 184, Section 6, as amended) is amended to read:
14      "76-11-6.    FERTILIZER INSPECTION FEES.--
15A.     There shall be paid to the department for all
16 fertilizer and soil conditioner distributed in the state in
17 packages exceeding five pounds an inspection fee set by the
18 board at a rate thirty-five cents ($.35) a ton; provided that
19 sales to manufacturers or exchanges between them are
20 exempted, but not less than five dollars ($5.00) per
21 reporting period.    For each brand of fertilizer or soil
22 conditioner distributed in individual packages of five pounds
23 or less, a distributor shall pay an annual inspection fee of
24 ten dollars ($10.00) and shall not pay the tonnage fee on
25 such packages of the brand so registered.    The board may  SB 143
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1  index the amount of a fee for inflation until July 1, 2031
2  using the consumer price index, all urban consumers: all
3  items published by the United States department of labor.
4  Fees so collected shall be used for the payment of the costs
5  of inspection, sampling and analysis and other expenses
6  necessary for the administration of the New Mexico Fertilizer
7  Act.
8B.   A person who distributes a fertilizer or soil
9  conditioner in the state shall file with the department on
10 forms furnished by the department a quarterly statement for
11 the periods ending March 31, June 30, September 30 and
12 December 31 setting forth the number of net tons of each
13 fertilizer or soil conditioner distributed in the state
14 during the quarter.     The report is due on or before the last
15 day of the month following the close of each quarter.      The
16 inspection fee shall be paid at the time of filing of the
17 statement.    If the tonnage report is not filed and the
18 payment of inspection fee is not made within thirty days
19 after the end of the quarter, a collection fee amounting to
20 ten percent, but not less than ten dollars ($10.00), of the
21 amount shall be assessed against the registrant, and the
22 amount of fees due constitutes a debt and becomes the basis
23 of a judgment against the registrant.
24C.   When more than one person is involved in the
25 distribution of fertilizer or soil conditioner, the first  SB 143
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1  person who has the fertilizer or soil conditioner registered
2  and who distributes to a nonregistrant dealer or consumer is
3  responsible for reporting the tonnage and paying the
4  inspection fee unless the report and payment have been
5  previously made by a prior distributor."
6SECTION 7.    Section 76-19A-12 NMSA 1978 (being Laws
7  2013, Chapter 23, Section 12) is amended to read:
8"76-19A-12.    INSPECTION FEES--REPORTS--CANCELLATION OF
9  REGISTRATIONS.--
10A.    An inspection fee set by the board shall be
11 paid to the board for all commercial feeds distributed in
12 New Mexico.    The fee shall be twenty-five cents ($.25) per
13 ton, but not less than five dollars ($5.00) per reporting
14 period, or, for each brand of commercial feed distributed in
15 individual packages of ten pounds or less, a distributor
16 shall pay an annual inspection fee of twenty-five dollars
17 ($25.00) and shall not pay the tonnage fee on such packages
18 of the brand so registered.
19B.    The board may index the amount of a fee for
20 inflation until July 1, 2031 using the consumer price index,
21 all urban consumers: all items published by the United States
22 department of labor.    Fees collected shall constitute a fund
23 for the payment of the costs of inspection, sampling and
24 analysis and other expenses necessary for the administration
25 of that act.  SB 143
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1C.   Except as otherwise provided in this section, a
2  person who distributes commercial feed in New Mexico shall:
3(1)   file, not later than the last day of
4  January, April, July and October of each year, a quarterly
5  statement setting forth the number of net tons of commercial
6  feeds distributed in New Mexico during the preceding calendar
7  quarter and, upon filing the statement, shall pay the
8  inspection fee.   When more than one person is involved in the
9  distribution of commercial feed, the person who distributes
10 to the consumer is responsible for reporting the tonnage and
11 paying the inspection fee unless the report and payment have
12 been made by a prior distributor of the feed; and
13(2)   keep such records as may be necessary or
14 required by the board to indicate accurately the tonnage of
15 commercial feeds distributed in New Mexico, and the board may
16 examine those records to verify statements of tonnage.    If a
17 quarterly report is not filed or if the inspection fee is not
18 paid within the thirty-day period after the end of a quarter,
19 a penalty of twenty percent, or a sum of ten dollars
20 ($10.00), whichever is greater, shall be due in addition to
21 the inspection fees, and the inspection fees and the penalty
22 shall constitute a debt for which suit may be brought by the
23 board.
24D.   Failure to make an accurate statement of
25 tonnage or to pay the inspection fee or comply with the  SB 143
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1  provisions of the New Mexico Commercial Feed Act shall
2  constitute sufficient cause for the cancellation of all
3  registrations on file for the distributor."
4SECTION 8.   EFFECTIVE DATE.--The effective date of the
5  provisions of this act is July 1, 2026.  SB 143
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