2018 New Mexico Statutes
Chapter 76 - Agriculture
Article 5 - Insect Pests and Plant Diseases
Section 76-5-28 - Penalties.
Any person violating the provisions of the Plant Protection Act or, after a notice to cease and desist, violating any rule, regulation or order promulgated under the Plant Protection Act, upon conviction thereof shall be guilty of a petty misdemeanor. Each day the person remains in violation constitutes a separate offense. The license of any such person may also be revoked.
History: 1953 Comp., § 45-8-38, enacted by Laws 1959, ch. 195, § 17; 1967, ch. 53, § 11; 1973, ch. 97, § 17.
Severability. — Laws 1959, ch. 195, § 19, provided for the severability of the act if any part or application thereof was held invalid.
Violation of rules as punishable offenses. — Absent a statement in the penalty section that violations of rules promulgated under the section and violations of the act itself would be equally punishable as misdemeanors, the courts found no legislative directive that violations of the rules are punishable as offenses. State v. Allen, 1967-NMSC-029, 77 N.M. 433, 423 P.2d 867 (now see 76-5-28 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 64, 66, 67, 70, 94, 103, 104, 127 to 130.
3 C.J.S. Agriculture § 94.
