SB 217 — PECAN BUYERS LICENSURE ACT

SENATEAN BILLACT 217RELATING 53RDTO LEGISLATUREAGRICULTURE; - STATEOFNEWMEXICO- SECOND SESSION , 2018 INTRODUCED BY Cliff R.

Pirtle and George K.

Munoz 6 8 10 AN ACT RELATING TO AGRICULTURE;

PROVIDING POWERS AND DUTIES TO THE NEW MEXICO DEPARTMENT OF AGRICULTURE, 14 PEACE OFFICERS AND IN-SHELL PECAN BUYERS;

ENACTING CRIMINAL PENALTIES FOR VIOLATIONS OF THE PECAN BUYERS LICENSURE ACTACT. AND FOR LARCENY OF PECANS.

e9 t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

= = 19 SECTION 1.

[NEW MATERIAL ] SHORT TITLE.--SectionsTITLE.--This 1 a l i a e r 20 through 8 of this act may be cited as the "Pecan Buyers a t m m 21 Licensure Act".

d r e 22 SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the c e s k 23 Pecan Buyers Licensure Act:

e a n b 24 A.

"buyer" means a person engaged in the business u [ of purchasing in-shell pecans,pecans includingfrom a pecan producer and includes an accumulator, buying .210050.1 station, cleaning plant, sheller, dealer or broker;

SB 217 D.

"director" means the director of the New Mexico Page 1 department of agriculture;

"peace officer" means a full-time salaried and e e 17 commissioned or certified law enforcement officer of a police e e n d 18 or sheriff's department that is part of or administered by the = = l ] 19 state or a political subdivision of the state;

and a l r i 20 H.

"pecan producer" means a person who grows pecans;

and I.

t e a t (1) a driver's license;

m m 21 e d r e 22 (2) a military identification card;

or c e r c 23 (3) a passport issued by the United States or e a n b 24 by another country and recognized by the United States.

u [ SECTION 3.

[NEW MATERIAL ] NEW MEXICO DEPARTMENT OF .210050.1 - 2 - AGRICULTURE--PEACE OFFICER--POWERS AND DUTIES--RULEMAKING.-- A.

and (3) collect a reasonable annual licensure SB 217 Page 2 fee, established in rule, but not to exceed five hundred dollars ($500).

The department or a peace officer may:may inspect buying locations and documents related to the buying and selling of in-shell pecans to determine compliance with the Pecan Buyers Licensure Act or adopted rules.

(1)SECTION inspect4. buying locations and documents related to the buying and selling of in-shell pecans to determine compliance with the Pecan Buyers Licensure Act or adopted rules;

andBUYER'S (2)LICENSE seizeREQUIREMENT--APPLICATION.-- in-shellA. pecans determined to have been bought or sold in violation of the Pecan Buyers Licensure e e 17 Act or adopted rules.

e e n d 18 C.

The department or a peace officer shall not = = l ] 19 require a buyer to disclose financial information related to a l r i 20 the buying or selling of in-shell pecans pursuant to Pecan t e a t Buyers Licensure Act.

m m 21 e d r e 22 SECTION 4.

[NEW MATERIAL ] BUYER'S LICENSE REQUIREMENT-- c e r c 23 APPLICATION.-- e a n b 24 A.

u [ (1) the purchase of in-shell pecans by a .210050.1 - 3 - buyer;

[NEW MATERIAL ] DUTIES OF BUYER--RECORD OF PURCHASE.-- A.

e e 17 (3) comply with state and federal requirementsSB e217 ePage n3 drequirements 18 related to the movement of in-shell pecans;

= = l ] 19 (4) ensure that all of the buyer's employees a l r i 20 involved in the purchasing, receiving or shipping of in-shell t e a t pecans are trained on the provisions of the Pecan Buyers m m 21 e d r e 22 Licensure Act and adopted rules;

c e r c 23 (5) maintain accurate and legible written e a n b 24 records, in a form approved by the department, of the purchase u [ of in-shell pecans that are made in the course of the buyer's .210050.1 - 4 - business;

(6) ensure that records of the purchase of in-in-shell shell pecans are available for inspection by the department or a peace officer within forty-eight hours of the transaction;

and eSB e217 17Page 4 (6) total weight of the in-shell pecans e e n d 18 purchased.

= = l ] 19 C.

If a licensed buyer purchases in-shell pecans a l r i 20 from another licensed buyer, the purchase record shall include t e a t the seller's name, address and telephone number, the date of m m 21 e d r e 22 origin of the in-shell pecans and the total weight of the in-in-shell c e r c 23 shell pecans purchased.