SB 231 — BENEFICIAL SUBSTANCES ACT

"soil amending ingredient" means a substance that l i h r i s will improve the physical, chemical, biochemical, biological or h , e h other characteristics of the soil;

t u g e b l R.

"soil amending ingredient form" means the e e , gh n d d i = = o h chemical compound, such as salt, chelate, oxide and acid, of an el t] 17b ,d i a º r ingredient or the physical form of an ingredient;

we lr n= dt 18e w d S.

"soil amendment" means a substance or a mixture =m = 19 a ln ofo substancesd that is intended to improve the physical, i a e r 20 chemical, biochemical, biological or other characteristic of the a t m m: 21 soil, except fertilizers, agricultural liming materials, d r e 22 unmanipulated animal manures, unmanipulated vegetable manures, c e s k 23 pesticides and other materials exempt by rule;

andb r e t º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 4 - e a n be 24d T.r e l u [ A d of substances that is intended to improve the physical, chemical, biochemical, biological or other characteristic of the soil, except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides and other materials exempt by rule;

"soiland inoculant"T. means a microbial product that u [ is applied to colonize the soil to benefit the soil chemistry, .229437.2SA - 4 - biology, or structure." SECTION 3.

"soil inoculant" means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure." SECTION 3.

[NEW MATERIAL]MATERIAL ] SCOPE--SOLE ENFORCEMENT.-- A.

Efficacy data may be h required to support beneficial substance ingredient claims if g o the ingredient is not currently defined by the association of t hr g e i k American plant food control officials' official publication for h r i s the particular claim.

Material that also makes pesticidal or h , t, plant regulator claims may be required to register with the e u g e b l e e h federal environmental protection agency or related state n d d i = = o h departments.

el t] 17b ,d i a º e B.

The Beneficial Substances Act shall be wr li n= dr 18t e w d administered solely by the board through the department.

=m =a 19n ao ld C.m :

Nob political subdivision shall regulate the i a e rd 20s registration,º packaging,o labeling, sale, storage, distribution, a t mn m= 21.229437.2SAAIC useFebruary and19, application2025 of(9:37pm) beneficial substances, and no political d r e 22 subdivision shall adopt or continue in effect local ordinances c e s k 23m relatinge to- the5 registration,- packaging, labeling, sale, e a n be 24d storage,r distribution,e usel or application of beneficial u [ substances.A d C.

LocalNo ordinancespolitical insubdivision effectshall onregulate the effectiveregistration, datepackaging, labeling, sale, storage, distribution, use and application of .229437.2SAbeneficial -substances, 5and -no political subdivision shall adopt or continue in effect local ordinances relating to the Beneficialregistration, Substancespackaging, Actlabeling, aresale, void."storage, SECTIONdistribution, 4.use or application of beneficial substances.

Local ordinances in effect on the effective date of the Beneficial Substances Act are void." SECTION 4.

Except for materials exempt by rule, the following information shall appear in a readable and conspicuous h form and shall be considered the label:

g o (1) the brand, which provides a product name;

t hr g e i k (2) the net weight or net volume, which h r i s provides both United States customary and metric measurements;

h , t, (3) the name and address of registrant or e u g e b l e e h distributor, but shall include an address for the responsible n d d i = = o h party if other than the registrant or distributor;

el t] 17b ,d i a º e (4) a purpose statement, which is the wr li n= dr 18t e w d statement identifying the purpose of the product;

=m = 19 a ln (5)o directionsd form use;:

ib a e rd 20s (6)º ao statementt ofn composition= that.229437.2SAAIC showsFebruary the19, a2025 t(9:37pm) ms k m 21e amount- of6 each- ingredient,e which is the agent in a productn e d r e 22l primarilyu responsible[ forA thed intended(5) effects;directions for use;

and(6) ca estatement sof kcomposition 23that (7)shows inthe caseamount of bulkeach shipments,ingredient, thewhich eis athe nagent b 24 information shall be in writtena orproduct printedprimarily formresponsible andfor accompany u [ delivery and be supplied to the purchaserintended ateffects; time of delivery.

.229437.2SAand -(7) 6in -case C.of bulk shipments, the information shall be in written or printed form and accompany delivery and be supplied to the purchaser at time of delivery.

C.

The h application for registration shall be submitted to the g o department on a registration form furnished by the department t hr g e i k and shall be accompanied by a fee not to exceed fifty dollars h r i s ($50.00) per product.

All registrations shall expire on h , t, December 31 each year.

e u g e b l e e h B.

A distributor shall not be required to register a n d d i = = o h beneficial substance that is already registered by another el t] 17b ,d i a º e person if the label does not differ in any respect.

wr li n= dr 18t e w d C.

=m = 19 a ln Differento brandsd maym refer: to the same specific formulation.

ib a e rd 20s Productsº foro whicht formulationsn change,= such.229437.2SAAIC asFebruary changes19, in2025 the(9:37pm) as tk m me 21- "contains7 beneficial- substances"e analysis,a statementn ofe d r e 22l compositionu or[ anythingA thatd impliesDifferent abrands differentmay product,refer shallto c e s k 23 obtain a new registration with a brand that distinguishes it e a n b 24 from the previoussame specific formulation.

uProducts [for D.which formulations change, such as changes in the "contains beneficial substances" analysis, statement of composition or anything that implies a different product, shall obtain a new registration with a brand that distinguishes it from the previous formulation.

EachD. registration form shall be accompanied by a .229437.2SA - 7 - label or facsimile of a label for the product that is named.

Each registration form shall be accompanied by a label or facsimile of a label for the product that is named.

[NEW MATERIAL]MATERIAL ] INSPECTION FEE.-- A.

An inspection fee set by the board at a rate not to exceed fifty cents ($0.50) per ton with a minimum inspection fee of five dollars ($5.00) per quarterly reporting period shall h be paid to the department.

Fees shall be used for the payment g o of the costs of inspection, sampling and analysis and other t hr g e i k expenses necessary for the administration of the Beneficial h r i s Substances Act.

h , t, B.

On individual packages of a beneficial substance e u g e b l e e h containing five pounds or less, an annual inspection fee not to n d d i = = o h exceed fifty dollars ($50.00) shall be paid to the department.

el t] 17b ,d i a º e Where a person sells beneficial substances in packages of five wr li n= dr 18t e w d pounds or less and in packages over five pounds, the annual =m = 19 a ln registrationo andd inspectionm fees: apply only to that portion sold i a e r 20 in packages of five pounds or less.

ab e d s º o t mn = .229437.2SAAIC February 19, 2025 (9:37pm) s k m 21e C.- 8 - e a n e d r e l u [ A d registration and inspection fees apply only to that portion sold in packages of five pounds or less.

AC. person who distributes a beneficial substance d r e 22 in the state shall file with the department on forms furnished c e s k 23 by the department a quarterly statement for the periods ending e a n b 24 March 31, June 30, September 30 and December 31 setting forth u [ the number of net tons of each beneficial substance distributed .229437.2SA - 8 - in the state during the quarter.

A person who distributes a beneficial substance 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 beneficial substance distributed in the state during the quarter.

If the tonnage report is not filed and the payment of the inspection fee is not made within thirty days after the end of the quarter, a collection fee of ten percent of the amount or ten dollars ($10.00), whichever is greater, shall be assessed against the registrant, and the amount of fees due constitutes a debt and becomes the basis of a judgment against h the registrant.

u » r D.

When more than one person is involved in the t h g e distribution of a beneficial substance, the first person who has l i h r i s the beneficial substance registered and who distributes to a h , e h nonregistrant dealer or consumer is responsible for reporting t u g e b l the tonnage and paying the inspection fee unless the report and e e , gh n d d i = = o h payment have been previously made by a prior distributor." el t] 17b ,d i a º r SECTION 7.

A new Section 76-11A-7 NMSA 1978 is enacted to we lr n= dt 18e w d read:

=m =a 19n ao ld "76-11A-7.m :

[NEWb MATERIAL]r EXEMPTIONS.--e it º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 9 - e a n e d r 20e A.l u [ A d "76-11A-7.

The[NEW followingMATERIAL] soilEXEMPTIONS.-- amendingA. materials are exempt a t m m 21 from the labeling requirements of the Beneficial Substances Act.

d r e 22 The following single ingredient soil amendments,amending whenmaterials clearly c e s k 23 and conspicuously identified as such on the label, are exempt e a n b 24 from the statementlabeling ofrequirements composition as required by Paragraph (6) u [ of Subsectionthe BBeneficial ofSubstances SectionAct. 4 of that act:

.229437.2SAThe -following 9single -ingredient (1)soil hay;amendments, when clearly and conspicuously identified as such on the label, are exempt from the statement of composition as required by Paragraph (6) of Subsection B of Section 4 of that act:

(1) hay;

h B.

In lieu of a statement of composition, the label g o of the following soil amendments, when clearly and conspicuously t hr g e i k identified as such on the label, shall include an ingredient h r i s statement, unless specific beneficial substance claims are made:

h , t, (1) compost;

e u g e b l (2) garden soil;

e e h n d d i = = o h (3) landscaping soil or topsoil;

el t] 17b ,d i a º e (4) mulch or wood products;

wr li n= dr 18t e w d (5) planting mix;

=m = 19 a ln (6)o pottingd mix;m :

andb ie ad es rº 20o (7)t soillessn growing= media.".229437.2SAAIC aFebruary t19, m2025 (9:37pm) s k m 21e SECTION- 8.10 - e a n e d r e l u [ A d (6) potting mix;

Aand new(7) Sectionsoilless 76-11A-8growing NMSAmedia." 1978SECTION is8. enacted to d r e 22 read:

cA enew sSection k76-11A-8 23NMSA "76-11A-8.1978 is enacted to read:

[NEW"76-11A-8. MATERIAL] CANCELLATION OF REGISTRATION.-- e a n b 24 A.

The[NEW departmentMATERIAL] mayCANCELLATION cancelOF theREGISTRATION.-- registrationA. of a u [ beneficial substance product or refuse to register a beneficial .229437.2SA - 10 - substance product due to:

The department may cancel the registration of a beneficial substance product or refuse to register a beneficial substance product due to:

If the department cancels or refuses to renew an existing registration due to the misbranding or adulteration of h a beneficial substance or due to a violation of the Beneficial g o Substances Act or a rule promulgated in accordance with that t hr g e i k act, the registrant or applicant may request a hearing as h r i s provided by rule." h , t, SECTION 9.

A new Section 76-11A-9 NMSA 1978 is enacted to e u g e b l e e h read:

n d d i = = o h "76-11A-9.

[NEW MATERIAL] INSPECTIONS, SAMPLING AND el t] 17b ,d i a º e ANALYSIS.-- wr li n= dr 18t e w d A.

The department shall sample, inspect, make =m = 19 a ln analyseso ofd and test beneficial substances distributed within i a e r 20 this state at any time and place to such an extent that is a t m m: 21 necessary to determine whether such beneficial substances are in d r e 22 compliance with the provisions of the Beneficial Substances Act.

cb e d s kº 23o Thet departmentn may= enter.229437.2SAAIC uponFebruary public19, or2025 private(9:37pm) premisess ork m e a- n11 b- 24e carriersa duringn regulare businessd hoursr ine orderl tou have[ accessA ud [analyses toof theand test beneficial substances anddistributed maywithin examinethis recordsstate relatingat toany .229437.2SAtime -and 11place -to thesuch distributionan ofextent beneficialthat substancesis subjectnecessary to thedetermine provisionswhether ofsuch thatbeneficial actsubstances andare thein rulescompliance promulgatedwith inthe accordanceprovisions withof thatthe act.Beneficial Substances Act.

The department may enter upon public or private premises or carriers during regular business hours in order to have access to the beneficial substances and may examine records relating to the distribution of beneficial substances subject to the provisions of that act and the rules promulgated in accordance with that act.

h C.

The methods of analysis and sampling shall be u » r those promulgated by the board from validated sources acceptable t h g e to the department.

l i h r i s D.

The results of all analyses of official samples h , e h shall be forwarded by the department to the person named on the t u g e b l label and to the purchaser.

When the inspection and analysis of e e , gh n d d i = = o h an official sample indicates a beneficial substance has been el t] 17b ,d i a º r adulterated or misbranded, the owner or operator may request a we lr n= dt 18e w d portion of the official sample and the department shall comply =m = 19 a ln witho thed requestm within: thirty days following receipt of the i a e r 20 analysis.

ab r e t mº o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m 21e E.- 12 - e a n e d r e l u [ A d with the request within thirty days following receipt of the analysis.

UponE. request, the department shall furnish to the d r e 22 registrant a portion of any sample that is found subject to c e s k 23 penalty or other legal action.

OfficialUpon samplesrequest, shallthe bedepartment eshall afurnish nto bthe 24registrant retained for a minimumportion of ninetyany dayssample fromthat issuanceis offound asubject uto [penalty deficiencyor report."other .229437.2SAlegal -action. 12 - SECTION 10.

Official samples shall be retained for a minimum of ninety days from issuance of a deficiency report." SECTION 10.

h C.

distribute a beneficial substance if the label g o does not reflect its composition;

t hr g e i k D.

distribute a product as a beneficial substance if h r i s the sole mode of action functions as a pesticide;

h , t, E.

fail to supply the department with analyses of a e u g e b l e e h beneficial substance when requested by the department;

n d d i = = o h F.

fail to disclose on the label sources of el t] 17b ,d i a º e potentially deleterious components;

wr li n= dr 18t e w d G.

fail to cease distribution of a beneficial =m = 19 a ln substanceo ford whichm the: department has issued a stop sale order;

ib e d s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 13 - e a n e d r 20e orl au t[ mA md 21substance H.for which the department has issued a stop sale order;

obstructor theH. department in the performance of the d r e 22 department's duties under the Beneficial Substances Act." c e s k 23 SECTION 11.

Aobstruct newthe Sectiondepartment 76-11A-11in NMSAthe 1978performance isof enactedthe edepartment's aduties nunder bthe 24Beneficial toSubstances read:Act." SECTION 11.

uA [new "76-11A-11.Section 76-11A-11 NMSA 1978 is enacted to read:

[NEW"76-11A-11. MATERIAL] MISBRANDING.--A person shall .229437.2SA - 13 - not distribute a misbranded beneficial substance.

[NEW MATERIAL] MISBRANDING.--A person shall not distribute a misbranded beneficial substance.

andSCONCº and»SCONC h D.

it purports to be or is represented as a g o beneficial substance or represented as containing a beneficial t hr g e i k substance unless such beneficial substance conforms to the h r i s definitions of identity, if any, prescribed by rules of the h , t, board.

In promulgating such rules, the board shall give due e u g e b l e e h regard to commonly accepted official terms and definitions, such n d d i = = o h as those issued by the association of American plant food el t] 17b control,d officials."i wa lº ne dcontrol 18officials SECTIONSCONCº 12.."»SCONC SCONCº;

Aand newr Sectioni 76-11A-12 NMSA 1978 is enacted = =r 19t ae lw tod read:E.

iit contains any hazardous waste defined in m a en ro 20d "76-11A-12.m :

[NEWb MATERIAL]e ADULTERATION.--Ad persons shallº ao t mn = .229437.2SAAIC February 19, 2025 (9:37pm) s k m 21e - 14 - e a n e d r e l u [ A d Subsection K of Section 74-4-3 NMSA 1978 that is not distributeitself anequivalent adulteratedin composition to a beneficial substance.substance."»SCONC SECTION 12.

A dnew rSection e76-11A-12 22NMSA beneficial1978 substance is deemedenacted to beread: adulterated if:

c"76-11A-12. e s k 23 A.

it[NEW containsMATERIAL] anyADULTERATION.--A deleteriousperson orshall harmfulnot substancedistribute ean aadulterated n b 24 in sufficient amount to render it injurious to beneficial plantsubstance. u [ life, animals, humans, aquatic life, soil or water when applied .229437.2SA - 14 - in accordance with directions for use on the label;

A beneficial substance is deemed to be adulterated if:

A.

it contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil or water when applied in accordance with directions for use on the label;

its composition falls below or differs from that which it is purported to possess by its label or any labeling h that describes the composition of the beneficial substance;

or g o C.

it contains unwanted crop or weed seed or primary t hr g e i k noxious or secondary noxious weed seed." h r i s SECTION 13.

A new Section 76-11A-13 NMSA 1978 is enacted h , t, to read:

e u g e b l e e h "76-11A-13.

[NEW MATERIAL] STOP SALE.--The department may n d d i = = o h issue and enforce a "stop sale, use or removal" order to the ownerl or] custodianb of,d anyi lot of products containing beneficial substances and to hold the beneficial substance product at a designatedº place when the department finds the beneficial e towner 17 substance product is being offered or exposedcustodian for sale in w l n d 18 violation of any oflot the provisions of theproducts Beneficialcontaining Substancesbeneficial =r = 19 a l Act or rules promulgated in accordance with that act until the i a= e r 20t lawe hasw beend compliedsubstances with and to hold the beneficial substance product at a t m ma 21n iso released in writing by the department or the violations have d rm e: 22 been otherwise legally disposed of by written authority.

Theb c e d s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k 23m departmente shall- release15 - e a n e d r e l u [ A d designated place when the department finds the beneficial substance product whenis ebeing aoffered nor bexposed 24for thesale requirementsin violation of any of the provisions of the Beneficial Substances Act or rules promulgated in accordance with that act haveuntil beenthe ulaw [has been complied with and allthe costsbeneficial andsubstance expenseproduct incurredis released in connectionwriting .229437.2SAby -the 15department -or with the orderviolations have been paid."otherwise SECTIONlegally 14.disposed of by written authority.

The department shall release the beneficial substance product when the requirements of the provisions of that act have been complied with and all costs and expense incurred in connection with the order have been paid." SECTION 14.

[NEW MATERIAL]MATERIAL ] PENALTIES FOR VIOLATIONS OF ACT.-- A.

If it appears from the examination of a h beneficial substance that provisions of the Beneficial u » r Substances Act or rules promulgated in accordance with that act t h g e have been violated, the department shall cause notice of the l i h r i s violation to be given to the registrant, distributor or h , e h possessor.

The person notified shall be given an opportunity to t u g e b l be heard as provided by rule.

If it appears after the hearing, e e , gh n d d i = = o h either in the presence or the absence of the person notified, l ] b ,d i a º r that any of the provisions of that act or rules promulgated in e r = t e w d accordance with that act have been violated, the department may assessm ana administrativen penaltyo ord certifym the: facts to the e t 17 proper district attorney.

wb lr e t º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 16 - e a n e d 18r B.e l u [ A d assess an administrative penalty or certify the facts to the proper district attorney.

NotwithstandingB. other remedies at law, the = = 19 a l department may apply for and the court may grant a temporary or i a e r 20 permanent injunction restraining a person from violating or a t m m 21 continuing to violate any of the provisions of the Beneficial d r e 22 Substances Act or rules promulgated pursuant to that act.

TheNotwithstanding cother eremedies sat klaw, 23the department may apply for and the court may grant a temporary or permanent injunction shallrestraining bea issuedperson withoutfrom bond.violating or continuing to violate any of the provisions of the Beneficial Substances Act or rules promulgated pursuant to that act.

eThe ainjunction nshall bbe 24issued C.without bond.

TheC. maximum amount of an administrative penalty u [ shall not exceed five thousand dollars ($5,000) for any one .229437.2SA - 16 - violation of that act." SECTION 15.

The maximum amount of an administrative penalty shall not exceed five thousand dollars ($5,000) for any one violation of that act." SECTION 15.

h A.

g o B.

inspection and sampling, analytical methods, t hr g e i k product registration and fees, beneficial substances, ingredient h r i s material, investigational allowances, documentation and records, h , t, labels and labeling, misbranding and adulteration;

and e u g e b l e e h C.

civil and administrative penalties." n d d i = = o h SECTION 16.

A new Section 76-11A-16 NMSA 1978 is enacted l ] b ,d i a º e to read:

r i = r t e w d "76-11A-16.

[NEW MATERIAL] ANNUAL REPORT.--The department shallm publisha an annual report on the manufacture and e t 17 distribution of beneficial substances in New Mexico, together w l n o d 18 with such data on their production and use as the department = = 19 a l determines necessary and a report of the results of the analyses i a e r 20 of official samples of beneficial substances sold in New Mexico a t m m: 21 as compared with the analyses guaranteed in the registration and d r e 22 on the label;

providedb thate thed informations concerningº co et n = .229437.2SAAIC February 19, 2025 (9:37pm) s k 23m e - 17 - e a n e d r e l u [ A d shall publish an annual report on the manufacture and distribution of beneficial substances in New Mexico, together with such data on their production and use ofas the beneficialdepartment substancedetermines shallnecessary notand e a nreport bof 24the discloseresults of the operationsanalyses of anyofficial person."samples uof [beneficial SECTIONsubstances 17.sold in New Mexico as compared with the analyses guaranteed in the registration and on the label;

Sectionprovided 76-11-3that NMSAthe 1978information (beingconcerning Lawsproduction 1963,and .229437.2SAuse -of 17the -beneficial Chaptersubstance 184,shall Sectionnot 3,disclose asthe amended)operations isof amendedany toperson." read:SECTION 17.

Section 76-11-3 NMSA 1978 (being Laws 1963, Chapter 184, Section 3, as amended) is amended to read:

"department" means the New Mexico department of h agriculture;

u » r C.

"fertilizer" means [any][any ] a substance that t h g e contains one or more recognized plant nutrients and that is used l i h r i s for its plant nutrient content and is designed for use or h , e h claimed to have value in promoting plant growth, except t u g e b l unmanipulated animal and vegetable manures, marl limes, e e , gh n d d i = = o h limestone, wood ashes, gypsum and other products exempt by rule l ] b ,d i a º r of the board;

e r = t e w d D.

"fertilizer material" means a fertilizer that either:m a n o d m :

eb r e 17t (1)º containso importantt quantitiesn of= no.229437.2SAAIC moreFebruary 19, 2025 (9:37pm) s k m e - 18 - e a n e d 18r thane onel ofu the[ primaryA plantd nutrients:either:

nitrogen(1) (N),contains =important =quantities lof ]no 19more phosphatethan (Pone 25)of andthe potashprimary (K2O);plant nutrients:

anitrogen l(N), rphosphate i(P 20O (2)) hasand eighty-fivepotash percent(K ofO); its plant t e a t m m 21 nutrient content present in the form of a single chemical e d r e 22 compound;

or5 c2 e(2) rhas ceighty-five 23percent (3)of isits derived from a plant ornutrient animalcontent residuepresent e a n b 24 or byproduct or a natural material deposit that has been u [ processed in suchthe aform way that its content of planta nutrientssingle haschemical .229437.2SAcompound; - 18 - not been materially changed except by purification and concentration;

or (3) is derived from a plant or animal residue or byproduct or a natural material deposit that has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration;

"specialty fertilizer" means a fertilizer distributed primarily for nonfarm use such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries and may include h fertilizers used for research or experimental purposes;

u » r F.

"bulk fertilizers" means fertilizers distributed t h g e in a nonpackaged form;

l i h r i s G.

"brand" means a term, design or trademark under h , e h which one or more fertilizers [or soil conditioners]conditioners ] are t u g e b l distributed in New Mexico;

e e , gh n d d i = = o h H.

"guaranteed analysis" means the minimum l ] b ,d i a º r percentage of plant nutrients claimed in the order and form as e r = t e w d prescribed by the board;

I.m a n o d m :

"grade"b meansr the percentages of total nitrogen, e t 17º availableo phosphorust orn phosphate= and.229437.2SAAIC solubleFebruary potassium19, or2025 w(9:37pm) ls nk dm 18e soluble- potash19 stated- ine wholea numbersn ine thed samer terms,e order = = 19 a l andu percentages[ asA ind theI. guaranteed analysis;

provided,"grade" imeans athe epercentages rof 20total however,nitrogen, thatavailable fertilizerphosphorus materials,or bonephosphate meal,and manuressoluble andpotassium aor tsoluble mpotash mstated 21in similarwhole rawnumbers materialsin maythe besame guaranteedterms, order and percentages as in fractionalthe units;guaranteed analysis;

dprovided, rhowever, ethat 22fertilizer J.materials, bone meal, manures and similar raw materials may be guaranteed in fractional units;

"officialJ. sample" means [any] a sample of c e s k 23 fertilizer [or soil conditioner] taken by the department unless e a n b 24 designated otherwise;

u"official [sample" K.means [any ] a sample of fertilizer [or soil conditioner ] taken by the department unless designated otherwise;

"ton"K. means a net weight of two thousand pounds .229437.2SA - 19 - avoirdupois;

"ton" means a net weight of two thousand pounds avoirdupois;

"distributor" means a person that imports, h consigns, manufactures, produces, compounds, mixes or blends g o fertilizer [or soil conditioner]conditioner ] or that offers for sale, sells, t hr g e i k barters or otherwise supplies fertilizer [or soil conditioner]conditioner ] h r i s in the state;

h , t, [O.] N.

"registrant" means the person that registers e u g e b l a fertilizer [or soil conditioner]conditioner ] under the provisions of the e e h n d d i = = o h New Mexico Fertilizer Act;

l ] b ,d i a º e [P.] O.

"label" means the display of all written, r i = r t e w d printed or graphic matter upon the immediate container or statementm accompanying a fertilizer;n o d m :

b e d s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 20 - e a n e d r e l u [ A d statement accompanying a fertilizer;

e t 17 Q.] P.

"labeling" means all written, printed or w l n d 18 graphic matter [upon][upon ] on or accompanying a fertilizer;

[or soil = = 19 a l conditioner;

i a e r 20 R.

"soil conditioner" means a substance or mixture a t m m 21 of substances intended for sale, offered for sale or sold for d r e 22 manurial, soil enriching or soil corrective purposes or intended c e s k 23 to be used for promoting or stimulating the growth of plants, e a n b 24 increasing the productivity of plants, improving the quality of u [ crops or producing a chemical or physical change in the soil, .229437.2SA - 20 - except fertilizer as defined in this section, unmanipulated animal and vegetable manures and other products exempted by rules of the board;

h [T.] R.

"blending" means the physical mixing or g o combining of fertilizer materials and filler materials as t hr g e i k provided in Paragraphs (1) through (3) of this subsection, h r i s including mixing through the simultaneous or sequential h , t, application of any of the combinations provided in this e u g e b l subsection, to produce a uniform mixture:

e e h n d d i = = o h (1) one or more fertilizer materials and one l ] b ,d i a º e or more filler materials;

r i = r t e w d (2) two or more fertilizer materials;

or (3)m twoa orn moreo fertilizerd materialsm and: e t 17 filler materials;

wb le d s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 21 - e a n e d 18r [U.]e S.l u [ A d (3) two or more fertilizer materials and filler materials;

"custom[U.] blend"S. means a fertilizer blended = = 19 a l according to specifications provided to a blender in a soil test i a e r 20 nutrient recommendation or to meet the specific consumer's a t m m 21 request prior to blending;

d"custom rblend" emeans 22a [V.]fertilizer T.blended according to specifications provided to a blender in a soil test nutrient recommendation or to meet the specific consumer's request prior to blending;

"deficiency"[V.] meansT. the amount of nutrient c e s k 23 found by analysis to be less than the guaranteed amount, which e a n b 24 may result from a lack of nutrient ingredients or from lack of u [ uniformity;

.229437.2SA"deficiency" -means 21the -amount [W.]of U.nutrient found by analysis to be less than the guaranteed amount, which may result from a lack of nutrient ingredients or from lack of uniformity;

[W.] U.

Section 76-11-5 NMSA 1978 (being Laws 1963, h Chapter 184, Section 5, as amended) is amended to read:

g o "76-11-5.

LABELING.-- t hr g e i k A.

A fertilizer distributed in this state in h r i s containers shall have placed on or affixed to the container a h , t, label setting forth in clearly legible and conspicuous form the e u g e b l e e h following information:

n d d i = = o h (1) the net weight or other measure prescribed l ] b ,d i a º e as satisfactory to the board;

r i = r t e w d (2) brand and grade;

(3)m guaranteeda analysis;n o d m :

b e d s º o t 17n (4)= name.229437.2SAAIC andFebruary address19, of2025 the(9:37pm) registrant;s k m e - 22 - e a n e d r e l u [ A d (3) guaranteed analysis;

and(4) wname land naddress dof 18the (5)registrant; directions for use for fertilizer = = 19 a l distributed to a consumer.

iand a(5) edirections rfor 20use B.for fertilizer distributed to a consumer.

IfB. a fertilizer is distributed in bulk, a written a t m m 21 or printed statement of the information required by Subsection A d r e 22 of this section shall accompany delivery and be supplied to the c e s k 23 purchaser at time of delivery.

eIf a nfertilizer bis 24distributed C.in bulk, a written or printed statement of the information required by Subsection A of this section shall accompany delivery and be supplied to the purchaser at time of delivery.

AC. fertilizer formulated according to u [ specifications that are furnished by a consumer prior to mixing .229437.2SA - 22 - shall be labeled to show the net weight, guaranteed analysis and the name and address of the distributor.

A fertilizer formulated according to specifications that are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis and the name and address of the distributor.

(1) net weight or other measure prescribed as h satisfactory by the board;

g o (2) the brand name under which the soil t hr g e i k conditioner is distributed;

h r i s (3) an accurate statement of composition and h , t, purpose;

e u g e b l (4) the name and address of the registrant.]" e e h n d d i = = o h SECTION 19.

Section 76-11-6 NMSA 1978 (being Laws 1963, l ] b ,d i a º e Chapter 184, Section 6, as amended) is amended to read:

r i = r t e w d "76-11-6.

INSPECTION FEES.-- A.m a n o d m :

Thereb shalle bed paids toº theo department for all e t 17n fertilizer= [and.229437.2SAAIC soilFebruary conditioner]19, distributed2025 in(9:37pm) thes statek anm we l- n23 d- 18e inspection fee set by the board at a raten note tod exceedr thirty-e =l =u 19[ aA ld fiveA. cents ($.35);

[aThere ton]shall providedbe thatpaid sales to manufacturersthe idepartment afor eall rfertilizer 20[and orsoil exchangesconditioner between] themdistributed arein exempted.the state an inspection fee set by the board at a rate not to exceed thirty- five cents ($.35);

Fees[a soton collected] shallprovided athat tsales mto mmanufacturers 21or beexchanges usedbetween forthem theare paymentexempted. of the costs of inspection, sampling and d r e 22 analysis and other expenses necessary for the administration of c e s k 23 the New Mexico Fertilizer Act.

eFees aso ncollected bshall 24be B.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.

OnB. individual packages of fertilizer [or soil u [ conditioner] containing five pounds or less, there shall be paid .229437.2SA - 23 - in lieu of the annual registration fee of five dollars ($5.00) per brand and grade of fertilizer [and each soil conditioner] product and the required inspection fee an annual registration fee and inspection fee of fifteen dollars ($15.00).

WhereOn aindividual personpackages sellsof fertilizer [or soil conditioner] incontaining packages of five pounds or lessless, andthere inshall packagesbe overpaid fivein pounds,lieu of the annual registration and inspection fee of fifteenfive dollars ($15.00)($5.00) appliesper onlybrand toand thatgrade portionof soldfertilizer in[and packageseach ofsoil fiveconditioner pounds] orproduct less and thatthe portionrequired soldinspection infee packagesan overannual fiveregistration poundsfee isand subjectinspection tofee theof inspectionfifteen fee.dollars ($15.00).

Where a person sells fertilizer [or soil conditioner ] in packages of five pounds or less and in packages over five pounds, the annual h registration and inspection fee of fifteen dollars ($15.00) g o applies only to that portion sold in packages of five pounds or t hr g e i k less and that portion sold in packages over five pounds is h r i s subject to the inspection fee.

h , t, C.

A person who distributes a fertilizer [or soil e u g e b l conditioner] in the state shall file with the department on e e h n d d i = = o h forms furnished by the department a quarterly statement for the l ] b ,d i a º e periods ending March 31, June 30, September 30 and December 31 r i = r t e w d setting forth the number of net tons of each fertilizer [or soil m a n o d m :

b e d s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 24 - e a n e d r e l u [ A d 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.

D.

When more than one person is involved in the distribution of fertilizer [or soil conditioner ], the first 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 h prior distributor." g o SECTION 20.

Section 76-11-7 NMSA 1978 (being Laws 1963, t hr g e i k Chapter 184, Section 7, as amended) is amended to read:

h r i s "76-11-7.

INSPECTION--SAMPLING--ANALYSIS.-- h , t, A.

The department shall sample, inspect, make e u g e b l e e h analyses of and test fertilizers [and soil conditioners ] n d d i = = o h distributed within the state at a time and place and to the l ] b ,d i a º e extent necessary to determine whether the fertilizer [or soil r i = r t e w d conditioner] is in compliance with the New Mexico Fertilizer m a n o d m :

b e d s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 25 - e a n e d r e l u [ A d Act.

The department may enter upon public or private premises or carriers during the regular business hours in order to have access to the fertilizer [or soil conditioners] and may examine records relating to the distribution of fertilizer [and soil conditioners] subject to the provisions of [the New Mexico Fertilizer] that act and [the] rules adopted [pursuant to] in accordance with that act.

B.

The methods of analysis and sampling shall be those adopted by the department from sources such as the association of official agricultural chemists.

In cases not covered by such methods, or in cases where methods in which improved applicability has been demonstrated are available, the department may adopt such appropriate methods from other sources.

AThe persondepartment, whoin distributesdetermining for administrative purposes whether a fertilizer [oris soildeficient conditioner] in theplant statefood, shall fileh withbe theguided departmentsolely on forms furnished by the departmentofficial asample, quarterlyas statementdefined forby theSection periodsg endingo March76-11-3 31,NMSA June1978, 30,obtained September 30 and Decemberanalyzed 31as settingprovided forthfor thein numbert ofhr netg tonse ofi eachk fertilizerSubsection [orB soilof conditioner]this distributedsection. in the state during the quarter.

Theh er ti 17s reportD. is due on or before the last day of the month following w l n d 18 the close of each quarter.

TheUpon inspectionrequest, feethe department shall befurnish paidto atthe =h =, 19t, registrant a lportion theof timeany ofsample filingfound ofsubject theto statement.penalty or e u g e b l other legal action.

IfOfficial thesamples tonnageestablishing reporta ispenalty ifor ae e rh 20n notd filedd andi the= payment= ofo inspectionh feenutrient isdeficiency notshall madebe withinretained afor t m m 21 thirty days after the end of the quarter, a collectionminimum fee d r e 22 amounting to ten percent, but not less than ten dollars c e s k 23 ($10.00), of theninety amountl shall] beb assessed,d againsti the e a nº be 24days registrant,from andissuance the amount of fees due constitutes a debtdeficiency andreport." ur [i becomes= ther basist ofe aw judgmentd againstSECTION the21. registrant.

.229437.2SASection -76-11-10 24NMSA -1978 D.(being Laws 1975, m a n o d m :

Whenb moree thand ones personº iso involvedt inn the= distribution.229437.2SAAIC ofFebruary fertilizer19, [or2025 soil(9:37pm) conditioner],s thek firstm persone who- has26 the- fertilizere [or soil conditioner] registered and who distributes to a nonregistrantn dealere ord consumerr ise responsiblel foru reporting[ theA tonnaged andChapter paying181, theSection inspection10, feeas unlessamended) theis reportamended andto paymentread: have been previously made by a prior distributor." SECTION 20.

Section"76-11-10. 76-11-7 NMSA 1978 (being Laws 1963, Chapter 184, Section 7, as amended) is amended to read:

"76-11-7.MISBRANDING.--A person shall not distribute misbranded fertilizer [or soil conditioner ].

INSPECTION--SAMPLING--ANALYSIS.--A A.fertilizer [or soil conditioner] is misbranded if:

TheA. department shall sample, inspect, make analyses of and test fertilizers [and soil conditioners] distributed within the state at a time and place and to the extent necessary to determine whether the fertilizer [or soil conditioner] is in compliance with the New Mexico Fertilizer Act.

Theits departmentlabeling mayis enterfalse upon public or privatemisleading premises e t 17 or carriers during the regular business hours in orderany toparticular; have w l n d 18 access to the fertilizer [or soil conditioners] and may examine = = 19 a l records relating to the distribution of fertilizer [and soil i a e r 20 conditioners] subject to the provisions of [the New Mexico a t m m 21 Fertilizer] that act and [the] rules adopted [pursuant to] in d r e 22 accordance with that act.

c e s k 23 B.

Theit methodsis ofdistributed analysisunder and sampling shall be e a n b 24 those adopted by the departmentname fromof sourcesanother suchfertilizer as[or thesoil uconditioner [] associationproduct; of official agricultural chemists.

In cases not .229437.2SA - 25 - covered by such methods, or in cases where methods in which improved applicability has been demonstrated are available, the department may adopt such appropriate methods from other sources.

Theit department, in determining for administrative purposes whether a fertilizer is deficientnot inlabeled plant food, shall be guided solely by the official sample, as definedrequired byin Section 76-11-376-11-5 NMSA 1978,1978 obtained and analyzedin asaccordance providedwith forrules [prescribed under] promulgated in Subsectionaccordance Bwith ofthe thisNew section.Mexico Fertilizer Act;

D.

Upon request, the department shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.

Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of ninety days from issuance of a deficiency report." SECTION 21.

Section 76-11-10 NMSA 1978 (being Laws 1975, Chapter 181, Section 10, as amended) is amended to read:

e t 17 "76-11-10.

MISBRANDING.--A person shall not distribute w l n d 18 misbranded fertilizer [or soil conditioner].

A fertilizer [or = = 19 a l soil conditioner] is misbranded if:

i a e r 20 A.

its labeling is false or misleading in any a t m m 21 particular;

d r e 22 B.

it is distributed under the name of another c e s k 23 fertilizer [or soil conditioner] product;

e a n b 24 C.

it is not labeled as required in Section u [ 76-11-5 NMSA 1978 and in accordance with rules [prescribed .229437.2SA - 26 - under] promulgated in accordance with the New Mexico Fertilizer Act;

it purports to be or is represented as a fertilizer [or soil conditioner]conditioner ] or is represented as containing a plant nutrient or fertilizer [or soil conditioner] unless such plant nutrient or fertilizer [or soil conditioner] conforms to h the definition of identity, if any, prescribed by rule of the g o board;

in adopting such rules, the board shall give due regard t hr g e i k to commonly accepted definitions and official fertilizer terms h r i s such as those issued by the association of American plant food h , t, control officials." e u g e b l SECTION 22.

Section 76-11-11 NMSA 1978 (being Laws 1963, e e h n d d i = = o h Chapter 184, Section 11, as amended) is amended to read:

l ] b ,d i a º e "76-11-11.

TONNAGE REPORTS.--The person transacting, distributingr ori selling= fertilizerr [ort soil conditioner] to a nonregistrant shall mail the department a report showing the e t 17 county of the consignee, the amounts in tons of each grade of w l n d 18distributing fertilizeror andselling each [soil conditioner] product and the form in = = 19 a l which the fertilizer [or soil conditioner]conditioner was] distributedto sucha im a en ro 20d asm bags,: liquid, bulk or other forms.

Thisb informatione shalld bes aº o t mn = .229437.2SAAIC February 19, 2025 (9:37pm) s k m 21e reported- by27 one- e a n e d r e l u [ A d nonregistrant shall mail the department a report showing the county of the followingconsignee, methods:the amounts in tons of each grade of fertilizer and each [soil conditioner ] product and the form in which the fertilizer [or soil conditioner ] was distributed such as bags, liquid, bulk or other forms.

dThis rinformation eshall 22be A.reported by one of the following methods:

submitting a quarterly summary report approved by c e s k 23 the department on or before the fifteenth day of each month e a n b 24 covering shipments made during the preceding month;

or u [ B.

submitting a copy of the invoice within five .229437.2SA - 27 - business days after shipment.

Information furnished to the department [under] pursuant to this section shall not be disclosed in such a way as to divulge the operation of any person." SECTION 23.

Section 76-11-12 NMSA 1978 (being Laws 1963, Chapter 184, Section 12, as amended) is amended to read:

"76-11-12.

PUBLICATIONS.--The board shall publish at least annually and in a form it deems proper:

informationsubmitting concerninga quarterly summary report approved by the distributiondepartment on or before the fifteenth day of fertilizerseach [andmonth soilcovering conditioners];shipments made during the preceding month;

andor B.

resultssubmitting ofa analysiscopy based on official samples of fertilizersthe [andinvoice soil conditioners] distributed within thefive statebusiness asdays comparedafter withshipment. the analysis guaranteed in the registration and the label." SECTION 24.

SectionInformation 76-11-13furnished NMSAto 1978the (beingdepartment Laws[under 1963,] Chapterpursuant 184,to Sectionthis 13,section asshall amended)not isbe amendeddisclosed in such a way as to read:divulge the operation of any person." SECTION 23.

eSection t76-11-12 17NMSA "76-11-13.1978 (being Laws 1963, Chapter 184, Section 12, as amended) is amended to read:

RULES.--Forh the"76-11-12. enforcement of the New Mexico w l n d 18 Fertilizer Act, the board may prescribe and, after public = = 19 a l hearing following due public notice, [adopt] promulgate the i a e r 20 rules relating to the distribution of fertilizers [and soil a t m m 21 conditioners that it may find] necessary to carry into effect d r e 22 the full intent and meaning of the New Mexico Fertilizer Act.

cPUBLICATIONS.--The e s k 23 Under this section, the board mayshall promulgatepublish rulesat forg theo eleast aannually n b 24 storing, hauling and handlingin ofa anhydrousform ammoniait anddeems otherproper: u [ gaseous or liquid fertilizers and they shall have the same .229437.2SA - 28 - effect as law." SECTION 25.

t hr g e i k A.

information concerning the distribution of h r i s fertilizers [and soil conditioners ];

and h , t, B.

results of analysis based on official samples of e u g e b l e e h fertilizers [and soil conditioners ] distributed within the state n d d i = = o h as compared with the analysis guaranteed in the registration and l ] b ,d i a º e the label." r i = r t e w d SECTION 24.

Section 76-11-13 NMSA 1978 (being Laws 1963, m a n o d m :

b e d s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 28 - e a n e d r e l u [ A d Chapter 184, Section 13, as amended) is amended to read:

"76-11-13.

RULES.--For the enforcement of the New Mexico Fertilizer Act, the board may prescribe and, after public hearing following due public notice, [adopt ] promulgate the rules relating to the distribution of fertilizers [and soil conditioners that it may find] necessary to carry into effect the full intent and meaning of the New Mexico Fertilizer Act.

Under this section, the board may promulgate rules for the storing, hauling and handling of anhydrous ammonia and other gaseous or liquid fertilizers and they shall have the same effect as law." SECTION 25.

SHORT WEIGHT.--If a fertilizer [or soil conditioner] in the possession of [the] a consumer is found by the department to be short in weight or other measure prescribed h by the board, the registrant of the fertilizer [or soil u » r conditioner] shall, within thirty days after official notice t h g e from the department, pay to the consumer a penalty equal to four l i h r i s times the value of the actual shortage." h , e h SECTION 26.

Section 76-11-15 NMSA 1978 (being Laws 1963, t u g e b l Chapter 184, Section 15, as amended) is amended to read:

e e , gh n d d i = = o h "76-11-15.

CANCELLATION OF REGISTRATIONS.--The department mayl cancel] theb registration,d ofi anya brandº ofr fertilizermay [orcancel soilthe conditioner]registration orof refuse to register any brand of fertilizer [or soil conditioner]e uponr satisfactory= evidencet that the registrant e t 17 has used fraudulent or deceptive practices in the evasions or w l n d 18conditioner] attemptedor evasionsrefuse ofto theregister provisions of the New Mexico = = 19 a l Fertilizer Act or any rulesbrand promulgatedof [under]fertilizer in[or accordancem i a en ro 20d withm that: act;

providedb thatr noe registrationt shallº beo revokedt orn a= t.229437.2SAAIC mFebruary m19, 212025 refused(9:37pm) untils thek registrantm ise given- an29 opportunity- toe appeara n e d r e 22l foru a[ hearingA byd soil conditioner] upon satisfactory evidence that the department."registrant chas eused sfraudulent kor 23deceptive SECTIONpractices 27.in the evasions or attempted evasions of the provisions of the New Mexico Fertilizer Act or any rules promulgated [under ] in accordance with that act;

Sectionprovided 76-11-16that NMSAno 1978registration (beingshall Lawsbe 1963,revoked eor arefused nuntil bthe 24registrant Chapteris 184,given Sectionan 16,opportunity asto amended)appear isfor amendeda tohearing read:by the department." SECTION 27.

uSection [76-11-16 "76-11-16.NMSA 1978 (being Laws 1963, Chapter 184, Section 16, as amended) is amended to read:

STOP"76-11-16. SALE ORDERS.--The department may issue .229437.2SA - 29 - and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of fertilizer [or soil conditioner] and to be held at a designated place when the department finds the fertilizer [or soil conditioner] is being offered or exposed for sale in violation of any of the provisions of the New Mexico Fertilizer Act until the law has been complied with and the fertilizer [or soil conditioner] is released in writing by the department or the violation has been otherwise legally disposed of by written authority.

TheSTOP SALE ORDERS.--The department shallmay releaseissue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of fertilizer [or soil conditioner] soand withdrawnto be held at a designated place when the requirementsdepartment finds the fertilizer [or soil conditioner ] is being offered or exposed for sale in violation of any of the provisions of [thethe New Mexico Fertilizer]Fertilizer thatAct actuntil havethe law has h been complied with and allthe costsfertilizer and[or expensessoil incurredconditioner ] is g o released in connectionwriting withby the withdrawaldepartment haveor the violation has been paid."t SECTIONhr 28.g e i k otherwise legally disposed of by written authority.

SectionThe 76-11-17h NMSAr 1978i (beings Lawsdepartment 1963,shall Chapterrelease 184,the Sectionfertilizer 17,[or assoil amended)conditioner is] amendedso toh read:, t, withdrawn when the requirements of the provisions of [the New e u g e b l e e h Mexico Fertilizer] that act have been complied with and all n d d i = = o h costs and expenses incurred in connection with the withdrawal l ] b ,d i a º e have been paid." r i = r t e w d SECTION 28.

eSection t76-11-17 17NMSA "76-11-17.1978 (being Laws 1963, m a n o d m :

SEIZURE--CONDEMNATION--SALE.--b we ld s º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e - 30 - e a n e d 18r A.e l u [ A d Chapter 184, Section 17, as amended) is amended to read:

Any"76-11-17. lot of fertilizer [or soil conditioner] not = = 19 a l in compliance with the provisions of the New Mexico Fertilizer i a e r 20 Act is subject to seizure on complaint of the department to a a t m m 21 court of competent jurisdiction in the area in which the d r e 22 fertilizer [or soil conditioner] is located.

cSEIZURE--CONDEMNATION--SALE.-- eA. s k 23 B.

InAny thelot eventof the court finds the fertilizer [or esoil aconditioner n] bnot 24in soilcompliance conditioner]with tothe beprovisions in violation of the New Mexico u [ Fertilizer Act andis orderssubject theto condemnationseizure on complaint of the fertilizerdepartment [orto .229437.2SAa -court 30of -competent soiljurisdiction conditioner],in itthe shallarea be disposed of in anywhich manner consistent with the quality of the fertilizer [or soil conditioner]conditioner and] theis lawslocated. of the state.

B.

In the event the court finds the fertilizer [or soil conditioner] to be in violation of the New Mexico Fertilizer Act and orders the condemnation of the fertilizer [or soil conditioner], it shall be disposed of in any manner consistent with the quality of the fertilizer [or soil conditioner] and the laws of the state.

In no instance shall the disposition of the fertilizer [or soil conditioner]conditioner ] be ordered by the court without first giving the claimant an opportunity to apply to the court h for release of the fertilizer [or soil conditioner]conditioner ] or for g o permission to process or relabel the fertilizer [or soil t hr g e i k conditioner] to bring it into compliance with the New Mexico h r i s Fertilizer Act." h , t, SECTION 29.

Section 76-11-18 NMSA 1978 (being Laws 1963, e u g e b l e e h Chapter 184, Section 18, as amended) is amended to read:

n d d i = = o h "76-11-18.

VIOLATIONS.-- l ] b ,d i a º e A.

If it appears from the examination of a fertilizerr [ori soil= conditioner]r thatt any of the provisions of the New Mexico Fertilizer Act or the rules [issued pursuant to] e t 17 promulgated in accordance with that act have been violated, the w ld nfertilizer d[or 18soil departmentconditioner shall] causethat noticeany of the violationsprovisions toof bem given to = = 19 a ln theo registrant,d distributorm or: possessor from whom the sample i a e r 20 was taken;

ab persone notifiedd shalls beº giveno opportunityt ton be= a.229437.2SAAIC tFebruary m19, 2025 (9:37pm) s k m 21e heard- under31 - e a n e d r e l u [ A d the New Mexico Fertilizer Act or the rules prescribed[issued bypursuant to] promulgated in accordance with that act have been violated, the board.department shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken;

Ifa it appears d r e 22 after the hearing, either in the presence or the absence of the c e s k 23 person notified,notified thatshall anybe ofgiven theopportunity provisions of the New Mexico e a n b 24 Fertilizer Act or rules issued pursuant to thatbe actheard haveunder been u [ violated, the departmentrules mayprescribed certifyby the factsboard. to the proper .229437.2SA - 31 - district attorney.

If it appears after the hearing, either in the presence or the absence of the person notified, that any of the provisions of the New Mexico Fertilizer Act or rules issued pursuant to that act have been violated, the department may certify the facts to the proper district attorney.

Nothing in the New Mexico Fertilizer Act shall require the department or its representative to report for h prosecution or for the institution of seizure proceedings as a u » r result of minor violations of the New Mexico Fertilizer Act when t h g e it believes that the public interests will be best served by a l i h r i s suitable notice of warning in writing.

h , e h D.

The department may apply for and the court may t u g e b l grant a temporary or permanent injunction restraining a person e e , gh n d d i = = o h from violating or continuing to violate any of the provisions of l ] b ,d i a º r the New Mexico Fertilizer Act or any rule promulgated pursuant e r = t e w d to that act, notwithstanding the existence of other remedies at law.m a n o d m :

Theb injunctionr shalle bet issuedº withouto bond."t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e t- 1732 SECTION- 30.e a n e d r e l u [ A d law.

SectionThe 76-11-19injunction NMSAshall 1978be (beingissued Lawswithout 1963,bond." wSECTION l30. n d 18 Chapter 184, Section 19, as amended) is amended to read:

=Section =76-11-19 19NMSA a1978 l(being "76-11-19.Laws 1963, Chapter 184, Section 19, as amended) is amended to read:

EXCHANGES"76-11-19. BETWEEN MANUFACTURERS.--Nothing in i a e r 20 the New Mexico Fertilizer Act shall be construed to restrict or a t m m 21 avoid sales or exchanges of fertilizers [or soil conditioners] d r e 22 to each other by importers, manufacturers or manipulators that c e s k 23 mix those materials for sale or as preventing the free and e a n b 24 unrestricted shipments of fertilizer [or soil conditioners] to u [ manufacturers or manipulators that have registered their brands .229437.2SA - 32 - as required by the provisions of the New Mexico Fertilizer Act." - 33 - 4 6 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229437.2SA

EXCHANGES BETWEEN MANUFACTURERS.--Nothing in the New Mexico Fertilizer Act shall be construed to restrict or avoid sales or exchanges of fertilizers [or soil conditioners ] to each other by importers, manufacturers or manipulators that mix those materials for sale or as preventing the free and unrestricted shipments of fertilizer [or soil conditioners ] to manufacturers or manipulators that have registered their brands as required by the provisions of the New Mexico Fertilizer Act." - 33 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .229437.2SAAIC February 19, 2025 (9:37pm) s k m e e a n e d r e l u [ A d