2020 New Mexico Statutes
Chapter 76 - Agriculture
Article 5 - Insect Pests and Plant Diseases
Section 76-5-25 - Powers of board and department.
The department shall enforce the provisions of the Plant Protection Act. The board shall adopt and promulgate such rules as may be necessary for its administration and enforcement. The board may adopt sets of standards and grades for nursery stock and, if it so desires, adopt those standards and grades recommended by an industry-recognized reference, to take any action necessary to ensure that all nursery stock sold in the state meets the standards and grades established and to stop sales of any substandard stock.
History: 1953 Comp., § 45-8-36, enacted by Laws 1959, ch. 195, § 15; 1973, ch. 97, § 14; 2013, ch. 15, § 9.
ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized the board of regents to adopt standards and grades recommended by an industry-recognized reference; and in the third sentence, after "adopt those standards and grades recommended by", deleted "the American association of nurserymen" and added "an industry-recognized reference".
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. — 3 Am. Jur. 2d Agriculture §§ 42, 50.
3 C.J.S. Agriculture §§ 19, 20.
