2011 New Mexico Statutes
Chapter 76: Agriculture
Article 11: Fertilizers, 76-11-1 through 76-11-19
Section 76-11-18: Violations.

76-11-18. Violations.

A. If it appears from the examination of any commercial fertilizer or soil conditioner that any of the provisions of the New Mexico Fertilizer Act [Article 11 of Chapter 76 NMSA 1978] or the regulations issued thereunder have been violated, the department shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken; any person so notified shall be given opportunity to be heard under the regulations as is prescribed by the board. If it appears after the hearing, either in the presence or the absence of the person so notified, that any of the provisions of the New Mexico Fertilizer Act, or regulations issued thereunder, have been violated, the department may certify the facts to the proper district attorney.

B. Any person convicted of violating any provision of the New Mexico Fertilizer Act or the regulations issued thereunder shall be guilty of a misdemeanor.

C. Nothing in the New Mexico Fertilizer Act shall require the department or its representative to report for prosecution, or for the institution of seizure proceedings, as a result of minor violations of the New Mexico Fertilizer Act when it believes that the public interests will be best served by a suitable notice of warning in writing.

D. The department may apply for, and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate, any of the provisions of the New Mexico Fertilizer Act, or any regulation promulgated under that act, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.