UPDATE CERTAIN AGRICULTURAL FEES

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AN ACT
RELATING TO AGRICULTURE; UPDATING FEES FOR CERTAIN NEW MEXICO
DEPARTMENT OF AGRICULTURE REGULATORY DUTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 25-6-9 NMSA 1978 (being Laws 1963,
Chapter 138, Section 9, as amended) is amended to read:
"25-6-9. EGG INSPECTION FEE.--The Egg Grading Act shall
be financed in part by the collection of a fee on all eggs
sold to the retailer or consumer. The fee on eggs being sold
to the retailer or consumer shall be one-half cent ($.005)
per dozen; provided that the board may index the amount of
the fee for inflation until July 1, 2031 using the consumer
price index for all urban consumers: all items published by
the United States department of labor. The fee shall be paid
by the egg dealer or producer who packages the eggs for sale
to the retailer or consumer. All money collected under the
provisions of the Egg Grading Act shall be deposited with
New Mexico state university for the purposes of administering
the provisions of that act and promoting the poultry industry
and its products and shall be expended upon the order of the
board in the same manner as other funds of New Mexico state
university."
SECTION 2. Section 25-6-12 NMSA 1978 (being Laws 1963,
Chapter 138, Section 12, as amended) is amended to read:
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"25-6-12. CERTIFICATION OF DEALERS.--
A. A small dealer's license is required of any
person that buys, sells or traffics in more than five cases
and less than two hundred cases of eggs in any one week.
B. A medium dealer's license is required of any
person that buys, sells or traffics in more than two hundred
cases and fewer than four hundred cases of eggs in any one
week.
C. A large dealer's license is required of any
person that buys, sells or traffics in more than four hundred
cases of eggs in any one week.
D. The annual license fee for each type of dealer
is:
(1) small dealer..............$10.00
(2) medium dealer.............$25.00
(3) large dealer..............$50.00;
provided that the board may index the amount of a fee for
inflation until July 1, 2031 using the consumer price index
for all urban consumers: all items published by the United
States department of labor.
E. For the purpose of this section, a "case"
consists of thirty dozen eggs.
F. All licenses shall be conspicuously posted in
the place of business to which they apply. The license is
subject to revocation by the inspectors for cause. All
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licenses are renewable annually on July 1 and shall expire on
June 30 of the succeeding year."
SECTION 3. Section 76-4-22 NMSA 1978 (being Laws 1973,
Chapter 366, Section 22, as amended) is amended to read:
"76-4-22. FEES.--
A. Fees for the registration of pesticides, the
various licenses, inspection of apparatuses and examination
of applicants required by the Pesticide Control Act shall be
set by the board not to exceed the amount authorized below:
(1) annual registration fee for each
pesticide or device registered, not more than . . . . . $150;
(2) annual pesticide dealer license for each
location or outlet within the state or, if there is no outlet
in the state, for the principal out-of-state location or
outlet, not more than . . . . . . . . . . . . . . . . . $100;
(3) annual pest management consultant
license, not more than. . . . . . . . . . . . . . . . . $100;
(4) annual commercial pesticide applicator
license, not more than. . . . . . . . . . . . . . . . . $100;
(5) annual operator license, not more
than . . . . . . . . . . . . . . . . . . . . . . . . $75.00;
(6) annual noncommercial applicator license,
not more than . . . . . . . . . . . . . . . . . . . . . $100;
(7) private applicator certification or
renewal, not more than. . . . . . . . . . . . . . . . $25.00;
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(8) additional inspection required to
certify each unit of aircraft, ground or manual equipment
that fails to pass inspection, not more than. . . . . $25.00;
and
(9) examination fee for each examination
needed to qualify the applicant as a pest management
consultant, commercial pesticide applicator, noncommercial
applicator or operator or any combination thereof, not more
than. . . . . . . . . . . . . . . . . . . . . . . . . $20.00;
provided that the board may index the amount of a fee
for inflation until July 1, 2031 using the consumer price
index for all urban consumers: all items published by the
United States department of labor.
B. If the application for the renewal of a
pesticide registration or any annual license provided for in
the Pesticide Control Act is not filed prior to the
expiration date of the prior registration or license, the fee
for renewal of registration or license shall be double the
amount charged for the prior registration or license and
shall be paid by the applicant before the renewal
registration or license is issued. Any person holding a
current valid license may renew the license for the next year
without taking an examination unless the department
determines that additional knowledge relating to the
classification for which the applicant has applied makes a
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new examination necessary. However, if the license is not
renewed within thirty days after expiration, the licensee
shall be required to take new certification examinations."
SECTION 4. Section 76-5-26 NMSA 1978 (being Laws 1973,
Chapter 97, Section 15, as amended) is amended to read:
"76-5-26. FEES.--
A. Fees paid for the licenses, certificates and
permits required under the Plant Protection Act shall be set
by rule of the board in the following amounts:
(1) annual inspection fee of nursery and
nursery stock, seventy-five dollars ($75.00) plus two dollars
($2.00) per acre of nursery stock inspected;
(2) annual special inspection fee for person
growing only vegetable plants, twenty-five dollars ($25.00);
(3) annual nursery or florist dealer's,
landscaper's or agent's license fee, seventy-five dollars
($75.00);
(4) annual special dealer's license for
persons who handle only vegetable or cactus plants,
twenty-five dollars ($25.00); and
(5) annual fee for collected plants permit,
seventy-five dollars ($75.00).
B. If the application for renewal of any annual
license, permit or certificate provided for in the Plant
Protection Act is not filed prior to the expiration of the
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prior license, permit or certificate, the fee for such
license, permit or certificate shall be double the amount
specified in this section. However, this double fee shall
not apply if the applicant has not engaged in business
subsequent to the expiration of the prior license, permit or
certificate and furnishes an affidavit certifying to that
fact.
C. The board may index the amount of a fee for
inflation until July 1, 2031 using the consumer price index,
all urban consumers: all items published by the United States
department of labor. The board may adopt rules to exempt a
person from the payment of fees."
SECTION 5. Section 76-11-4 NMSA 1978 (being Laws 1963,
Chapter 184, Section 4, as amended) is amended to read:
"76-11-4. FERTILIZER REGISTRATION.--
A. Each brand and grade of fertilizer and each
soil conditioner product shall be registered before being
distributed in the state. The application for registration
shall be submitted to the department on a form furnished by
the department and shall be accompanied by a fee of fifty
dollars ($50.00) per brand or grade. The board may index the
amount of the fee for inflation until July 1, 2031 using the
consumer price index, all urban consumers: all items
published by the United States department of labor. Upon
approval by the department, a copy of the registration shall
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be furnished to the applicant. All registrations expire on
December 31 of each year.
B. A distributor shall not be required to register
a brand of fertilizer or soil conditioner that is already
registered under the New Mexico Fertilizer Act by another
person.
C. A distributor shall not be required to register
a fertilizer formulated according to specifications that are
furnished by a consumer prior to mixing but shall be required
to label the fertilizer as provided in Subsection C of
Section 76-11-5 NMSA 1978."
SECTION 6. Section 76-11-6 NMSA 1978 (being Laws 1963,
Chapter 184, Section 6, as amended) is amended to read:
"76-11-6. FERTILIZER INSPECTION FEES.--
A. There shall be paid to the department for all
fertilizer and soil conditioner distributed in the state in
packages exceeding five pounds an inspection fee set by the
board at a rate thirty-five cents ($.35) a ton; provided that
sales to manufacturers or exchanges between them are
exempted, but not less than five dollars ($5.00) per
reporting period. For each brand of fertilizer or soil
conditioner distributed in individual packages of five pounds
or less, a distributor shall pay an annual inspection fee of
ten dollars ($10.00) and shall not pay the tonnage fee on
such packages of the brand so registered. The board may
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index the amount of a fee for inflation until July 1, 2031
using the consumer price index, all urban consumers: all
items published by the United States department of labor.
Fees so collected shall be used for the payment of the costs
of inspection, sampling and analysis and other expenses
necessary for the administration of the New Mexico Fertilizer
Act.
B. A person who distributes a fertilizer or soil
conditioner in the state shall file with the department on
forms furnished by the department a quarterly statement for
the periods ending March 31, June 30, September 30 and
December 31 setting forth the number of net tons of each
fertilizer or soil conditioner distributed in the state
during the quarter. The report is due on or before the last
day of the month following the close of each quarter. The
inspection fee shall be paid at the time of filing of the
statement. If the tonnage report is not filed and the
payment of inspection fee is not made within thirty days
after the end of the quarter, a collection fee amounting to
ten percent, but not less than ten dollars ($10.00), of the
amount shall be assessed against the registrant, and the
amount of fees due constitutes a debt and becomes the basis
of a judgment against the registrant.
C. When more than one person is involved in the
distribution of fertilizer or soil conditioner, the first
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person who has the fertilizer or soil conditioner registered
and who distributes to a nonregistrant dealer or consumer is
responsible for reporting the tonnage and paying the
inspection fee unless the report and payment have been
previously made by a prior distributor."
SECTION 7. Section 76-19A-12 NMSA 1978 (being Laws
2013, Chapter 23, Section 12) is amended to read:
"76-19A-12. INSPECTION FEES--REPORTS--CANCELLATION OF
REGISTRATIONS.--
A. An inspection fee set by the board shall be
paid to the board for all commercial feeds distributed in
New Mexico. The fee shall be twenty-five cents ($.25) per
ton, but not less than five dollars ($5.00) per reporting
period, or, for each brand of commercial feed distributed in
individual packages of ten pounds or less, a distributor
shall pay an annual inspection fee of twenty-five dollars
($25.00) and shall not pay the tonnage fee on such packages
of the brand so registered.
B. The board may index the amount of a fee for
inflation until July 1, 2031 using the consumer price index,
all urban consumers: all items published by the United States
department of labor. Fees collected shall constitute a fund
for the payment of the costs of inspection, sampling and
analysis and other expenses necessary for the administration
of that act.
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C. Except as otherwise provided in this section, a
person who distributes commercial feed in New Mexico shall:
(1) file, not later than the last day of
January, April, July and October of each year, a quarterly
statement setting forth the number of net tons of commercial
feeds distributed in New Mexico during the preceding calendar
quarter and, upon filing the statement, shall pay the
inspection fee. When more than one person is involved in the
distribution of commercial feed, the person who distributes
to the consumer is responsible for reporting the tonnage and
paying the inspection fee unless the report and payment have
been made by a prior distributor of the feed; and
(2) keep such records as may be necessary or
required by the board to indicate accurately the tonnage of
commercial feeds distributed in New Mexico, and the board may
examine those records to verify statements of tonnage. If a
quarterly report is not filed or if the inspection fee is not
paid within the thirty-day period after the end of a quarter,
a penalty of twenty percent, or a sum of ten dollars
($10.00), whichever is greater, shall be due in addition to
the inspection fees, and the inspection fees and the penalty
shall constitute a debt for which suit may be brought by the
board.
D. Failure to make an accurate statement of
tonnage or to pay the inspection fee or comply with the
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provisions of the New Mexico Commercial Feed Act shall
constitute sufficient cause for the cancellation of all
registrations on file for the distributor."
SECTION 8. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.