2015 New Mexico Statutes
Chapter 76 - Agriculture
Section 21A Organic Production
Section 76-21A-3 Fees and assessments.
76-21A-3. Fees and assessments.
A. Pursuant to rules adopted by the board of regents of New Mexico state university, the New Mexico department of agriculture may impose and collect fees for certification and registration as follows:
(1) producers and handlers shall pay a fee not to exceed three hundred fifty dollars ($350) for a new application and a fee not to exceed three hundred dollars ($300) for annual renewal applications; and
(2) producers and handlers may be subject to late fees not to exceed five hundred dollars ($500).
B. Pursuant to rules adopted by the board of regents of New Mexico state university, the New Mexico department of agriculture may impose and collect assessments for the basic certification process of certified organic producers and handlers at an annual rate not to exceed one percent of the total gross sales of the organically produced agricultural products based on the previous year's sales, provided that:
(1) assessments on total gross sales of over one million dollars ($1,000,000) shall be assessed at a rate not to exceed nine thousand five hundred dollars ($9,500) plus ninety-five thousandths percent of any amount over one million dollars ($1,000,000) of total gross sales of organically produced agricultural products based on the previous year's sales; and
(2) after July 1, 2015, the amounts provided for in Paragraph (1) of this subsection may be increased to no more than one percent of the total gross sales of the organically produced agricultural products based on the previous year's sales.
C. The New Mexico department of agriculture shall provide a payment schedule for all assessments due to the department.
D. The board of regents of New Mexico state university may authorize an organic production inspector to charge reasonable fees not to exceed the actual costs of performing additional inspections due to noncompliance or at the request of a producer or handler.
History: Laws 2011, ch. 29, 3.
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