2011 New Mexico Statutes
Chapter 76: Agriculture
Article 7A: Harmful Plants, 76-7A-1 through 76-7A-11
Section 76-7A-8: Harmful plants; designation.

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 or detrimental to domestic or wild animals, birds or fish;

(3) cause adverse effects to other interests of agriculture, such as irrigation; or

(4) cause adverse effects to streams, ponds, lakes or aquatic fauna.

B. Notice of the hearing shall be published at least once in a newspaper of general circulation in the state and shall be given to interested parties. The notice shall state the plants alleged to be harmful which will be considered at the hearing. At the hearing, all interested parties may appear and be heard.

C. The department may designate a plant to be a harmful plant if it finds that the plant is not known to occur in, is new to or not widely distributed in the state, without a public hearing, for a period not to exceed ninety days, if it appears that such emergency action is necessary to prevent or control the introduction, spread or dissemination of the harmful plant. Within that ninety-day period the board shall hold a public hearing, after reasonable notice, to determine whether the designated plant is a harmful plant as provided in the Harmful Plant Act [76-7A-1 to 76-7A-11 NMSA 1978].