Summary:

 Senate Bill 214 (SB 214) relates to the New Mexico Department of Agriculture to update acts; provides for a standardized administrative penalty system; conforming regulation to current standard practices. SB 214 defines additional terms, increases fee and fine caps, and prescribes penalties. SB 214 amends, repeals, enacts and recompiles sections of the NMSA 1978.
 

Legislation Overview:

 Senate Bill 214 (SB 214) makes changes many of the Agriculture codes to correct and update language, add new material and to increase fees and penalties. SB 214  increases fees and standardizes penalties. SB 214 repeals, enacts and recompiles numerous sections. The New Mexico Department of Agriculture  (NMDA) is housed at New Mexico State University (NMSU).
These changes are organized into categories in this analysis, and the sections are arranged in numerical order in each category.
NEW MATERIAL, 
AMENDED WITH IMPACTFUL CHANGES, AND 
AMENDED FOR GRAMMAR, GENDER BALANCE, AND UPDATED

NEW MATERIAL
SECTION 15. Section 76-5-20 NMSA 1978 (being Laws 1973, Chapter 97, Section 9, as amended) is repealed and a new Section 76-5-20 NMSA 1978 is enacted to read: "76-5-20. [NEW MATERIAL] PEST-FREE NURSERY AND FLORIST STOCK.--Only pest-free nursery stock shall be offered for sale or sold. The offering for sale or sale of nursery stock infested or infected with a plant pest is a violation of the Plant Protection Act.
SECTION 20. Section 76-5-28 NMSA 1978 (being Laws 1959, Chapter 195, Section 17, as amended) is repealed and a new Section 76-5-28 NMSA 1978 is enacted to read: "76-5-28. [NEW MATERIAL] PENALTIES.--The department may assess an administrative penalty not to $5,000 for each violation of the Plant Protection Act and may suspend, revoke or refuse to renew a license. Penalties shall be assessed as provided in Section 76-1-6 NMSA 1978. 
SECTION 26. A new section of the Bee Act, Section 76-9-7.1 NMSA 1978, is enacted to read: "76-9-7.1. [NEW MATERIAL] HIVE OWNERSHIP IDENTIFICATION--ABANDONMENT.--To aid the department and landowners in contacting owners of hives, each apiary located on property not owned by a beekeeper shall have posted on it the beekeeper's contact information, including name, phone number and other information required by rule. Contact information shall be posted in a manner that is visible to the landowner and inspector. The department shall consider hives located in an apiary not in compliance with this section to be abandoned only after the department attempts to identify ownership of the hives as provided by rule." 
SECTION 51. Section 76-19A-15 NMSA 1978 (being Laws 2013, Chapter 23, Section 15) is repealed and a new Section 76-19A-15 NMSA 1978 is enacted to read: "76-19A-15. [NEW MATERIAL] PENALTIES.--The department may assess an administrative penalty not to exceed $5,000 for each violation of the Commercial Feed Act or rules promulgated in accordance with that act. 
SECTION 55. Section 25-6-16 NMSA 1978 (being Laws 1963, Chapter 138, Section 16) is repealed and a new Section 25-6-16 NMSA 1978 is enacted to read: "25-6-16. [NEW MATERIAL] PENALTIES.
A. The department may assess an administrative penalty not to exceed $5,000 for each violation of the Egg Grading Act and may suspend, revoke or refuse to renew a license. Penalties shall be assessed as provided in Section 76-1-6 NMSA 1978. 
B. In addition to all other fees prescribed by the Egg Grading Act, a penalty fee of ten percent shall be added for delinquent filing of any report or the delinquent paying of any inspection fee, and, if the report and payment are not made within ten days of notification of delinquency, the penalty shall be 25 percent of the inspection fee. Persons filing a false report shall be penalized 50 percent of the amount due for inspection fees.
SECTION 57. A new section of the Weights and Measures Act, Section 57-17-1.1 NMSA 1978, is enacted to read: "57-17-1.1. [NEW MATERIAL] SHORT TITLE.--Chapter 57, Article 17 NMSA 1978 may be cited as the "Weights and Measures Act"." 
SECTION 61. Section 57-17-5 (being Laws 1959, Chapter 202, Section 6, as amended) is repealed and a new Section 57-17-5 NMSA 1978 is enacted to read: "57-17-5. [NEW MATERIAL] REGISTRATION—FEES
A. Prior to installing, servicing, repairing or reconditioning a commercial weighing or measuring device in New Mexico, a service establishment and each service technician employed by or who is part of the service establishment shall be registered with the department. 
B. Without registration, a service establishment or service technician is not allowed to place a commercial weighing or measuring device into commercial service or to remove official stickers or tags. Only commercial weighing or measuring devices placed in service by a registered service technician or by the department are legal for commercial use in New Mexico. 
C. The board shall promulgate rules for service establishments that include registration forms, service technician qualifications, authority and responsibilities of the registrant and sufficient certified test standards. 
D. Each registration shall be issued for a period of one year. The effective date of registration shall be determined by rule. The registrant shall file a renewal application with the department prior to the expiration date. Renewal applications shall be in the form prescribed by rule. A late fee shall be charged for failure to submit a complete application for renewal of registration prior to the expiration of the current registration.
E. The department may suspend or revoke a registration of a service establishment or service technician on satisfactory evidence that the registrant has not met the provisions of the Weights and Measures Act. A registration shall not be suspended or revoked or application denied until the registrant is given an opportunity to appear for a hearing before the director. 
SECTION 67. A new section of the Weights and Measures Act is enacted to read: "[NEW MATERIAL] FEES--ADMINISTRATIVE PENALTIES
A. The following fees shall be collected by the department and shall accompany the application for registration or renewal of registration: 
(1) an annual registration fee for each service establishment, not to exceed $300; 
(2) an annual registration fee for a service technician, not to exceed $100; and 
(3) a late renewal of registration fee of $100, which is in addition to the annual registration fee. 
B. Money collected from fees shall be deposited with NMSU to administer the provisions of the Weights and Measures Act. 
C. Instead of or in addition to criminal penalties provided for in the Weights and Measures Act, the department may assess administrative penalties for violations of that act or rules. A fine shall not exceed $5,00) per violation and shall be assessed as provided in Section 76-1-6 NMSA 1978.”
SECTION 68. Section 57-17-18 NMSA 1978 (being Laws 1959, Chapter 202, Section 26, as amended) is repealed and a new Section 57-17-18 NMSA 1978 is enacted to read: "57-17-18. [NEW MATERIAL] OFFENSES AND PENALTIES-- WILLFUL AND REPEAT OFFENSES.--A person who willfully and knowingly or repeatedly performs any of the acts specified in this section is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $10,000 or by imprisonment in the county jail for not more than one year, or both:
A. use or have in the person's possession for the purpose of using for any commercial purpose, sell, offer for sale or hire or have in the person's possession for the purpose of selling or hiring an incorrect weight or measure or any device or instrument calculated to falsify any weight or measure; 
B. use or have in the person's possession for current use in the buying or selling of any commodity or good or for hire or award; in the computation of a basic charge or payment for services rendered on the basis of weight or measurement; in the determination of weight or measurement when a charge is made for such determination; or a weight or measure that has not been sealed within the next preceding year by the director or an inspector unless written notice has been given to the director to the effect that the weight or measure is available for examination or is due for reexamination, as the case may be and unless specific written permission to use the weight or measure has been received from the office of the director; 
C. dispose of a rejected or condemned weight or measure in a manner contrary to law; 
D. contrary to law, remove from a weight or measure a tag, seal or mark placed by the director or an inspector;
E. sell or offer for sale less than the quantity the person represents of a commodity, good or service; 
F. take more than the quantity the person represents of a commodity, good or service when, as a buyer, the person furnishes the weight or measure by means of which the amount of the commodity, good or service is determined; 
G. keep for the purpose of sale, advertisement or offer for sale or sell any commodity, good or service in a condition or manner contrary to law; and 
H. use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position that may reasonably be assumed by a customer." 
SECTION 73. Section 57-18-7 NMSA 1978 (being Laws 1973, Chapter 236, Section 7) is repealed and a new Section 57-18-7 NMSA 1978 is enacted to read: "57-18-7. [NEW MATERIAL] LICENSE FEES.--The board may promulgate rules to provide for the collection of license fees; provided that license fees shall not exceed $300 for each weighmaster and one hundred dollars $100 for each deputy weighmaster. If a complete application for renewal of a license is not filed prior to the expiration of the current license, the department may charge a late fee not to exceed $100, which charge is in addition to the annual license fee. Money collected pursuant to the Weighmaster Act shall be deposited with NMSU. 
SECTION 75. A new section of the Weighmaster Act is enacted to read: "[NEW MATERIAL] ADMINISTRATIVE PENALTIES.--The department may assess an administrative penalty not to exceed $5,000 for each violation of the Weighmaster Act and may suspend, revoke or refuse to renew a license. Penalties shall be assessed as provided in Section 76-1-6 NMSA 1978. 
SECTION 78. Section 57-19-34 NMSA 1978 (being Laws 1993, Chapter 98, Section 10) is repealed and a new Section 57-19-34 NMSA 1978 is enacted to read: "57-19-34. [NEW MATERIAL] REGISTRATION--RENEWAL-- SUSPENSION OR REVOCATION--PROHIBITION OF UNREGISTERED ACTIVITIES. 
A. The board shall promulgate rules for the registration of petroleum service establishments and service technicians, including technician qualifications, registration requirements, authority and responsibilities of registrants and sufficient certified test standards. 
B. Without registration, a service establishment or service technician shall not place a device into commercial service or remove official stickers or tags. Only devices placed in service by a registered service technician or by the department are legal for commercial use in New Mexico. 
C. Prior to installing, servicing, repairing or reconditioning a commercial weighing or measuring device in this state, each service establishment and each service technician shall be registered with the department on a form furnished by the department. The application shall be accompanied by the applicable registration fee. 
D. Registration shall be issued for a period of one year and renewal applications shall be filed with the department prior to the expiration of the current registration. 
E. The director may suspend or revoke the registration of a service establishment or service technician on satisfactory evidence that the registrant has violated a provision of the Petroleum Products Standards Act or rules. The department may assess an administrative penalty not to exceed $5,000 for each violation of the Petroleum Products Standards Act. Penalties shall be assessed as provided in Section 76-1-6 NMSA 1978. 
SECTION 80. Section 57-19-36 NMSA 1978 (being Laws 1993, Chapter 98, Section 12, as amended) is repealed and a new Section 57-19-36 NMSA 1978 is enacted to read: "57-19-36. [NEW MATERIAL] ADMINISTRATIVE AND CRIMINAL PENALTIES.
A. No person, alone, by the person's employee or agent or as the employee or agent of another person, shall: 
(1) violate the provisions of the Petroleum Products Standards Act; 
(2) violate a rule adopted pursuant to the Petroleum Products Standards Act; or 
(3) misrepresent a petroleum product as meeting the standards of the Petroleum Products Standards Act. 
B. The department may assess an administrative penalty not to exceed $5,000 for each violation of the Petroleum Products Standards Act or rules promulgated in accordance with that act. Penalties shall be assessed as provided in Section 76-1-6 NMSA 1978.

AMENDED WITH IMPACTFUL CHANGES
SECTION 1. A new Section 76-1-6 NMSA 1978 is enacted to read: "76-1-6. [NEW MATERIAL] ADMINISTRATIVE FINES--SYSTEM OF PROGRESSIVE PENALTIES--INJUNCTION--CRIMINAL PENALTY.
A. The board of regents of NMSU by rule may design a system of administrative penalties for the NMDA to use to determine the administrative penalty for particular violations of state laws for which the department is charged with enforcing and as provided by law. Administrative penalties may be assessed in lieu of or in addition to other penalties provided by law. The assessment of penalties shall take into consideration the nature of the violation; the frequency of violation; the seriousness of the violation and its effect on the environment, consumers, industry and economy; the failure of the licensee or other person to correct the violation after notice from the department; and the deterrent effect on future violations. 
B. Failure to pay an administrative penalty or take action to correct a violation may result in suspension or revocation of licensure or the assessment of three times the maximum penalty provided by law, or both. The notice of violation, the time allowed for correction, the possible suspension or revocation of a license or denial of license application or renewal, the assessment of a penalty and the person's right to a hearing shall follow the procedures of the Administrative Procedures Act. A final agency decision on the assessment of a penalty is a final agency action and may be appealed as provided by Section 39-3-1.1 NMSA 1978. 
C. Willfully and knowingly or repeatedly refusing to correct a violation or pay administrative penalties is a fourth degree felony and may be punished by a definite term of up to eighteen months in prison or fine of up to fifteen thousand dollars $15,000, or both. 
D. In addition to other remedies at law, the New Mexico department of agriculture may apply for and the court may grant a temporary or permanent injunction restraining a person from violating or continuing to violate any of the provisions of acts and rules promulgated in accordance with those acts for which the department has administrative and enforcement powers and duties. The injunction shall be issued without bond. 
E. All administrative penalties shall be deposited in the state treasury to the credit of the current school fund as provided in Article 12, Section 4 of the constitution of New Mexico.
SECTION 4. Section 76-4-20 NMSA 1978 (being Laws 1973, Chapter 366, Section 20, as amended) is amended to read: "76-4-20. PRIVATE APPLICATORS.—  Corrections for grammar and gender neutrality
B. In determining these certification requirements, the board shall take into consideration standards of the United States environmental protection agency. Certification requirements for a private applicator to be certified to use restricted use pesticides may include but [shall] not be limited to the following:
(3) the applicant shall be required to pass a written examination demonstrating competency with respect to the use and handling of the pesticide or pesticides covered by certification prior to purchase and use of the product. Examination material shall address all elements stated in category-specific standards of competence in Sections 171.105, 171.303(a)(1), 171.303(a)(3) and 171.303(b)(3)(ii)-(iv) of the Code of Federal Regulations;
SECTION 5. Section 76-4-22 NMSA 1978 (being Laws 1973, Chapter 366, Section 22, as amended) is amended to read: "76-4-22. FEES 
The fees in this category were increased from $150 to $300. 
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: initial application or annual renewal fee for each pesticide or device  not more than $300;
SECTION 9. Section 76-4-39 NMSA 1978 (being Laws 1973, Chapter 366, Section 39) is amended to read: "76-4-39. DISPOSITION OF FUNDS.--Money from fees or other sources except for administrative penalties received by the department under the provisions of the Pesticide Control Act shall be expended for the purpose of carrying out the provisions of the Pesticide Control Act.
SECTION 10. Section 76-5-12 NMSA 1978 (being Laws 1959, Chapter 195, Section 2, as amended) is amended to read: "76-5-12. DEFINITIONS.--As used in the Plant Protection Act:
Inserts the definitions Q through U as follows:
Q. "cactus plant" means a succulent plant native to arid regions of North or South America; 
R. "farmer's market" means a location that allows plants grown on land owned or leased by registered members for sale on a temporary basis not to exceed fourteen consecutive days; 
S. "florist" means a person who buys and resells florist stock and whose primary sales comprise more than 75 percent cut flowers; 
T. "producer" means a person growing nursery stock from seed, seedling or cutting; and 
U. "vegetable plant" means a plant grown that at maturity is capable of producing a vegetable that may be used for human consumption.
SECTION 18. Section 76-5-26 NMSA 1978 (being Laws 1973, Chapter 97, Section 15, as amended) is amended to read: "76-5-26. FEES.
Edited for grammar. Subsection A(1) through (5) are deleted. A new list of fees at higher rates are  inserted:
A. Fees paid for licenses required by the Plant Protection Act shall be set by rule of the board but shall not exceed the following amounts:
(1) annual nursery stock producer license, $325, plus $10.00 per acre of nursery stock production area; 
(2) annual vegetable plant producer license for a person growing only vegetable plants, $100; 
(3) annual nursery dealer, landscaper or agent license, $325; 
(4) annual florist license, $200; 
(5) annual collected plant license, $325;
(6) annual vegetable plant dealer license for persons who only sell or distribute vegetable plants, $100; 
(7) annual cactus dealer license for persons who only sell or distribute cacti and other succulents, one hundred dollars $100; and 
(8) annual farmer's market license, $325. 
SECTION 22. Section 76-9-2 NMSA 1978 (being Laws 1975, Chapter 122, Section 2) is amended to read: "76-9-2. DEFINITIONS.--As used in the Bee Act:
Subsection G defining commercial apiary is deleted and the section relettered.
C. "bee" means all species of the superfamily Apoidea that are managed for beneficial purposes, including pollination services or production of wax and honey;
F. "colony" means a collection of bees attending to one nest or an assemblage of nests containing bees at any stage of development; 
G. "contagious disease" means a disease, parasite, insect or mite or anything adversely affecting adult bees or their brood that may be spread from one bee to another bee or from one colony to another colony;
I. "equipment" means tools used in managing bees, including brood chambers, surplus honey chambers, bottom boards, tops, frames, drawn comb
K. "inspector" means a qualified person designated by the department to enforce the provisions of the Bee Act andrules promulgated in accordance with that act.
SECTION 24. Section 76-9-5 NMSA 1978 (being Laws 1975, Chapter 122, Section 5) is amended to read: "76-9-5. INSPECTION—ACCESS--INTERFERENCE.
Is amended as follows:
The department may inspect any colony or hive that the department suspects might be or is infected or infested with a contagious disease that may pose a health risk to other colonies. Subsequent inspections may be made by an inspector, as needed, to locate and control contagious disease and verify compliance with department-issued restrictions directed toward the prevention, mitigation or eradication of contagious diseases. Inspectors shall have access to all colonies and hives and shall consider environmental factors and their impact on colony health prior to an inspection. A person who in any way hinders, resists or impedes an inspector in the discharge of the inspector's duties is in violation of the Bee Act.
SECTION 30. Section 76-9-13 NMSA 1978 (being Laws 1975, Chapter 122, Section 13) is amended to read: "76-9-13. PENALTIES— A person who violates a provision of the Bee Act or a rule promulgated by the board in accordance with that act may be assessed an administrative penalty not to exceed $5,000 for each violation as provided in Section 76-1-6 NMSA 1978.
SECTION 31. Section 76-11-3 NMSA 1978 (being Laws 1963, Chapter 184, Section 3, as amended) is amended to read: "76-11-3. DEFINITIONS.--As used in the New Mexico Fertilizer Act:
NOTE: “Soil conditioners” is removed from several definitions. Subsection M is deleted. Subsection R, the definition of soil conditioner, is deleted. Subsections G & W are inserted
G. "brand" means a term, design or trademark under which one or more fertilizers are distributed in New Mexico;
W. "derivation" means the source from which the guaranteed nutrients are derived.
SECTION 32. Section 76-11-4 NMSA 1978 (being Laws 1963, Chapter 184, Section 4, as amended) is amended to read: "76-11-4. REGISTRATION.
NOTE: REMOVES ALL REFERENCES TO SOIL CONDITIONERS. Also, fee increases for manufacturers (from current $5 to $20)
A. Each brand and grade of fertilizer and each 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 label or other printed matter describing the fertilizer and a fee not to $20 per brand or grade. Upon approval by the department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. 
SECTION 33. Section 76-11-5 NMSA 1978 (being Laws 1963, Chapter 184, Section 5, as amended) is amended to read: "76-11-5. LABELING.— Subsection D regarding labels is deleted.
A. A fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(6) a derivation statement, which shall not include brand names, trademarks and trade names in the statement.
SECTION 34. Section 76-11-6 NMSA 1978 (being Laws 1963, Chapter 184, Section 6, as amended) is amended to read: "76-11-6. INSPECTION FEES.—
NOTE: REMOVES REFERENCES TO SOIL CONDITIONERS — Note fee increases 
A. There shall be paid to the department for all fertilizer distributed in the state an inspection fee set by the board at a rate not to exceed $.50 (from $.35) a ton with a minimum inspection fee of $5.00 per quarterly reporting period; provided that sales to manufacturers or exchanges between them are exempted. 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. On individual packages of fertilizer containing five pounds or less, there shall be paid an annual inspection fee not to exceed $50.00. If a person sells fertilizer in packages of five pounds or less and in packages over five pounds, the annual registration and inspection fee applies only to that portion sold in packages of five pounds or less.
SECTION 37. Section 76-11-11 NMSA 1978 (being Laws 1963, Chapter 184, Section 11, as amended) is amended to read: "76-11-11. TONNAGE REPORTS. …Note change of reporting dates.
This information shall be reported by one of the following methods:
A. submitting a quarterly summary report on forms furnished by the department for the periods ending March 31, June 30, September 30 and December 31, on or before the last day of the month following the close of each quarter; 
SECTION 44. Section 76-11-18 NMSA 1978 (being Laws 1963, Chapter 184, Section 18, as amended) is amended to read: "76-11-18. VIOLATIONS.
REWRITTEN TO REMOVE LETTERING AND DELETE COMPLETELY SUBSECTIONS B, C AND D. REMOVES REFERENCES TO SOIL CONDITIONERS.--If it appears from the examination of a fertilizer that any of the provisions of the New Mexico Fertilizer Act or the rules promulgated in accordance with that act have been violated, the department may assess an administrative penalty not to exceed $5,000 for each violation and the department may suspend, revoke or refuse to renew the person's registration as provided in Section 76-1-6 NMSA 1978.
SECTION 47. Section 60-16-2 NMSA 1978 (being Laws 2018, Chapter 47, Section 2) is recompiled as Section 76-16A-2 NMSA 1978 and is amended to read: "76-16A-2. DEFINITIONS.--As used in the Pecan Buyers Licensure Act: 
A. ”accumulator" means a person engaged in the purchasing and possessing of in-shell pecans with the intent of selling them to another buyer; 
B. "broker" means a person who buys in-shell pecans on behalf of others;
C. "buyer" means a person engaged in the business of purchasing in-shell pecans [and includes an accumulator, sheller, dealer, broker, cooperative or other person defined by rule that purchases or acquires in-shell pecans on behalf of themselves or others; 
D. "buying location" means a physical location where a buyer receives in-shell pecans or a physical location where records relating to the purchase or acquisition of in-shell pecans are maintained; 
E. "cooperative" means a membership organization engaged in buying, accumulating or shelling in-shell pecans for the benefit of its members; 
F. "dealer" means a person engaged in the business of buying in-shell pecans and selling them directly to the consumer; 
SECTION 48. Section 60-16-7 NMSA 1978 (being Laws 2018, Chapter 47, Section 7) is recompiled as Section 76-16A-7 NMSA 1978 and is amended to read: "76-16A-7. VIOLATIONS--REVOCATION OF LICENSE—PENALTY.-- 
Subsection B is deleted and a new Subsection B is inserted.
A. The department may suspend or revoke a license for violations of the Pecan Buyers Licensure Act. The department may deny a subsequent license to a person found to be in violation of the Pecan Buyers Licensure Act. 
B. The department may assess an administrative penalty not to exceed $5,000 for each violation of the Pecan Buyers Licensure Act or rules promulgated in accordance with that act. 
C. Penalties shall be assessed as provided in Section 76-1-6 NMSA 1978. 
SECTION 49. Section 60-16-8 NMSA 1978 (being Laws 2018, Chapter 47, Section 8) is recompiled as Section 76-16A-8 NMSA 1978 and is amended to read: "76-16A-8. DISPOSITION OF FEES.--All license fees collected pursuant to the Pecan Buyers Licensure Act shall be paid [into the treasury of] to NMSU and credited to the department for administration and enforcement of the Pecan Buyers Licensure Act."
SECTION 50. 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.—
Amended for increased fees.
There shall be paid to the department for all commercial feed distributed in New Mexico an inspection fee set by the board at a rate not to exceed $.50 (formerly $.15) per ton, with a minimum inspection fee of $5.00 per quarterly report 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 not to exceed $50.00 (formerly $25) and shall not pay the tonnage fee on such packages of the brand so registered.
SECTION 54. Section 25-6-12 NMSA 1978 (being Laws 1963, Chapter 138, Section 12, as amended) is amended to read: "25-6-12. CERTIFICATION OF DEALERS.— Grammar corrections —Doubles fees as follows:
D. The annual fees for each type of dealer shall not exceed: 
(1) small dealer $20.00; 
(2) medium dealer $50.00; and 
(3) large dealer $100.
SECTION 53. 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. Note fee increases.
The department's administrative and enforcement duties pursuant to 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 board may establish the fee at the board’s discretion, but in no case shall the fee exceed $.10 (formerly one half cent) per dozen. 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 NMSU to administer the provisions of that act and [promoting] promote the poultry industry and its products and shall be expended upon the order of the board in the same manner as other funds of NMSU. 
SECTION 56. Section 57-17-1 NMSA 1978 (being Laws 1959, Chapter 202, Section 1, as amended) is amended to read: "57-17-1. DEFINITIONS.--As used in the Weights and Measures Act: Subsections A,B, D-G and I-K are deleted. New definitions are inserted as follows:
A. ”apparatus” means a manual or mechanical unit, method or device used to determine weight, measure or quantity;
B. "board" means the board of regents of NMSU; 
C. "commercial weighing or measuring device" means a device used or employed commercially to establish the quantity, weight, count or size of products involving a monetary transaction or in computing a basic change or payment for services rendered on the basis of weight or measure; 
D. "correct" means the condition of an apparatus that by reason of its construction and adjustment will give accurate readings or indications of weight and quantity; 
E. "department" means the NMDA; 
F. "director" means the director of the department; 
G. "incorrect" means the condition of an apparatus or an apparatus's construction that precludes the apparatus from being reasonably permanent in its adjustment or that does not allow the apparatus to repeat its indications of weight or quantity with accuracy; 
H. "in package form" means a good or commodity packaged or contained in advance of sale so as to constitute a unit quantity of the good or commodity; provided that a good or commodity not contained but upon which is marked a selling price based upon weight or measure shall be construed to be in packaged form; and provided further that "in package form" does not include a shipping container containing goods or commodities in packaged form; 
I. "primary standards" means the physical standards of the state that serve as the legal reference from which all other standards for weights and measures are derived; 
J. "sale from bulk" means the sale of commodities when the quantity is determined at the time of sale; 
K. "secondary standards" means the physical standards that are traceable to the primary standards through comparisons or by using acceptable laboratory procedures and that are used in the enforcement of laws and rules relating to weights and measures; 
M. "service establishment" means a person that installs, services, repairs or reconditions commercial weighing or measuring devices solely under that person's ownership; 
N. "service technician" means a person employed by a service establishment who installs, services, repairs or reconditions commercial weighing or measuring devices; 
O. "unsealed" means a commercial weighing or measuring device that lacks a department-issued approval level, tag, stamped or etched impression or similar indication of official approval for the device to operate in commercial service;
Q. "weights and measures" means all instruments and devices used for weighing and measuring and their necessary and associated accessories and appliances.”
SECTION 72. Section 57-18-2 NMSA 1978 (being Laws 1973, Chapter 236, Section 2, as amended) is amended to read: "57-18-2. DEFINITIONS.--As used in the Weighmaster Act:
Subsections A-C are deleted and the section is relettered
A. "board" means the board of regents of NMSU; 
B. "department" means the NMDA; 
C. "director" means the director of the department;
F. "vehicle" means any device by which any property, produce, commodity or article is transported; 
G. "weighmaster" means a natural person licensed under the provisions of the Weighmaster Act;
SECTION 77. Section 57-19-27 NMSA 1978 (being Laws 1993, Chapter 98, Section 3, as amended) is amended to read: "57-19-27. DEFINITIONS.--As used in the Petroleum Products Standards Act: Subsections M and N defining “service establishment and “service technician” are inserted.
SECTION 79. Section 57-19-35 NMSA 1978 (being Laws 1993, Chapter 98, Section 11) is amended to read: "57-19-35. FEES--MONEY COLLECTED.—
The following fees shall be collected by the department: 
(1) annual service establishment registration, not to exceed $300; 
(2) annual service technician registration, not to exceed $100; and 
(3) renewal late fee, not to exceed $100. 

AMENDED FOR GRAMMAR, GENDER NEUTRALITY AND UPDATED
SECTION 2. Section 76-4-1 NMSA 1978 (being Laws 1973, Chapter 366, Section 1) is amended to read: "76-4-1. SHORT TITLE.--[This act] Chapter 76, Article 4 NMSA 1978 may be cited as the "Pesticide Control Act”.
SECTION 3. Section 76-4-6 NMSA 1978 (being Laws 1973, Chapter 366, Section 6) is amended to read: "76-4-6. REGISTRATION.— corrections for grammar —
F. The applicant desiring to register a pesticide or device shall pay [an annual] a prescribed [registration] fee for each pesticide or device [registered] submitted for initial registration or renewal.
SECTION 6. Section 76-4-23 NMSA 1978 (being Laws 1973, Chapter 366, Section 23, as amended) is amended to read: "76-4-23. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSE, PERMIT OR CERTIFICATION--ACTS CONSTITUTING A VIOLATION OF THE PESTICIDE CONTROL ACT.— grammar and gender neutrality
SECTION 8. Section 76-4-38 NMSA 1978 (being Laws 1973, Chapter 366, Section 38) is amended to read: "76-4-38. COOPERATION.
SECTION 12. Section 76-5-15 NMSA 1978 (being Laws 1959, Chapter 195, Section 6, as amended) is amended to read: "76-5-15. INSPECTION OF NURSERIES.
SECTION 13. Section 76-5-16 NMSA 1978 (being Laws 1959, Chapter 195, Section 7, as amended) is amended to read: "76-5-16. [DEALERS', OR AGENTS'] NURSERY, DEALER, PRODUCER OR AGENT LICENSES. In addition to grammar, this section removes a date of October 1 for compliance -
SECTION 14. Section 76-5-19 NMSA 1978 (being Laws 1959, Chapter 195, Section 10, as amended) is amended to read: "76-5-19. LABELS.
SECTION 16. Section 76-5-21 NMSA 1978 (being Laws 1959, Chapter 195, Section 11, as amended) is amended to read: "76-5-21. COLLECTED PLANTS.
SECTION 17. Section 76-5-25 NMSA 1978 (being Laws 1959, Chapter 195, Section 15, as amended) is amended to read: "76-5-25. POWERS OF BOARD AND DEPARTMENT.
SECTION 19. Section 76-5-27 NMSA 1978 (being Laws 1959, Chapter 195, Section 16, as amended) is amended to read: "76-5-27. FEES COLLECTED.
SECTION 21. Section 76-9-1 NMSA 1978 (being Laws 1975, Chapter 122, Section 1) is amended to read: "76-9-1. SHORT TITLE.--[This act] Chapter 76, Article 9 NMSA 1978 may be cited as the "Bee Act”.
SECTION 23. Section 76-9-3 NMSA 1978 (being Laws 1975, Chapter 122, Section 3) is amended to read: "76-9-3. POWERS AND DUTIES OF BOARD AND DEPARTMENT.-- 
SECTION 25. Section 76-9-7 NMSA 1978 (being Laws 1975, Chapter 122, Section 7) is amended to read: "76-9-7. DISEASED COLONIES.
SECTION 28. Section 76-9-11 NMSA 1978 (being Laws 1975, Chapter 122, Section 11) is amended to read: "76-9-11. IMPORTATION OF BEES.
SECTION 27. Section 76-9-8 NMSA 1978 (being Laws 1975, Chapter 122, Section 8) is amended to read: "76-9-8. ABANDONED [COLONIES] HIVES.
SECTION 28. Section 76-9-11 NMSA 1978 (being Laws 1975, Chapter 122, Section 11) is amended to read: "76-9-11. IMPORTATION OF BEES.
SECTION 29. Section 76-9-12 NMSA 1978 (being Laws 1975, Chapter 122, Section 12) is amended to read: "76-9-12. FEES--DISPOSITION OF FUNDS.
SECTION 35. Section 76-11-7 NMSA 1978 (being Laws 1963, Chapter 184, Section 7, as amended) is amended to read: "76-11-7. INSPECTION—SAMPLING—ANALYSIS. 
Amended to correct grammar, gender neutrality references and references to soil conditioners.
SECTION 36. Section 76-11-10 NMSA 1978 (being Laws 1975, Chapter 181, Section 10, as amended) is amended to read: "76-11-10. MISBRANDING.-
Amended to correct grammar, gender neutrality and references to soil conditioners.
SECTION 38. 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: REMOVES REFERENCES TO SOIL CONDITIONERS
SECTION 39. Section 76-11-13 NMSA 1978 (being Laws 1963, Chapter 184, Section 13, as amended) is amended to read: AMENDED TO CORRECT GRAMMER AND LANGUAGE 
SECTION 40. Section 76-11-14 NMSA 1978 (being Laws 1963, Chapter 184, Section 14, as amended) is amended to read: REMOVES REFERENCES TO SOIL CONDITIONERS
SECTION 41. Section 76-11-15 NMSA 1978 (being Laws 1963, Chapter 184, Section 15, as amended) is amended to read: REMOVES REFERENCES TO SOIL CONDITIONERS
SECTION 42. Section 76-11-16 NMSA 1978 (being Laws 1963, Chapter 184, Section 16, as amended) is amended to read: REMOVES REFERENCES TO SOIL CONDITIONERS
SECTION 43. Section 76-11-17 NMSA 1978 (being Laws 1963, Chapter 184, Section 17, as amended) is amended to read: "76-11-17. SEIZURE—CONDEMNATION--SALE.-- REMOVES REFERENCES TO SOIL CONDITIONERS
SECTION 45. Section 76-11-19 NMSA 1978 (being Laws 1963, Chapter 184, Section 19, as amended) is amended to read: REMOVES REFERENCES TO SOIL CONDITIONERS
SECTION 46. Section 60-16-1 NMSA 1978 (being Laws 2018, Chapter 47, Section 1) is recompiled as Section 76-16A-1 NMSA 1978 and is amended to read: "76-16A-1. SHORT TITLE.--Chapter 76, Article 16A NMSA 1978 may be cited as the "Pecan Buyers Licensure Act”.
SECTION 52. Section 25-6-1 NMSA 1978 (being Laws 1963, Chapter 138, Section 1) is amended to read: "25-6-1. SHORT TITLE.--Chapter 25, Article 6 NMSA 1978 may be cited as the "Egg Grading Act”.
SECTION 58. Section 57-17-2 NMSA 1978 (being Laws 1973, Chapter 386, Section 2) is amended to read: "57-17-2. SYSTEMS OF WEIGHTS AND MEASURES.
SECTION 59. Section 57-17-3 NMSA 1978 (being Laws 1973, Chapter 386, Section 3) is amended to read: "57-17-3. PHYSICAL STANDARDS. Amended to reference the national institute of standards and technology
SECTION 60. Section 57-17-4 NMSA 1978 (being Laws 1973, Chapter 386, Section 4) is amended to read: "57-17-4. ENFORCEMENT AND ADMINISTRATION.—
SECTION 62. Section 57-17-6 NMSA 1978 (being Laws 1959, Chapter 202, Section 6, as amended) is amended to read: "57-17-6. CUSTODY OF STATE STANDARDS.
SECTION 63. Section 57-17-7 NMSA 1978 (being Laws 1959, Chapter 202, Section 7, as amended) is amended to read: "57-17-7. DUTIES OF [DIRECTOR] DEPARTMENT. Amended throughout for “weights and measures” Amended to delete director and assign department. 
SECTION 64. Section 57-17-8 NMSA 1978 (being Laws 1959, Chapter 202, Section 8, as amended) is amended to read: "57-17-8. POWERS OF THE [DIRECTOR--POLICE POWERS] DEPARTMENT--RIGHT OF ENTRY AND STOPPAGE.
SECTION 65. Section 57-17-10 NMSA 1978 (being Laws 1959, Chapter 202, Section 10, as amended) is amended to read: "57-17-10. DUTY OF OWNER OF INCORRECT APPARATUS.
SECTION 66. Section 57-17-12 NMSA 1978 (being Laws 1959, Chapter 202, Section 12, as amended) is amended to read: "57-17-12. DECLARATIONS ON PACKAGES--DECLARATIONS OF UNIT PRICE ON RANDOM PACKAGES.
SECTION 69. Section 57-17-19 NMSA 1978 (being Laws 1973, Chapter 386, Section 18) is amended to read: "57-17-19. INSPECTION FEES.
SECTION 70. Section 57-17-20 NMSA 1978 (being Laws 2021, Chapter 98, Section 8) is amended to read: "57-17-20. HOMEMADE FOOD ITEMS—EXEMPTION.
SECTION 71. Section 57-18-1 NMSA 1978 (being Laws 1973, Chapter 236, Section 1) is amended to read: "57-18-1. SHORT TITLE.--Chapter 57, Article 18 NMSA 1978 may be cited as the "Weighmaster Act"." 
SECTION 74. Section 57-18-11 NMSA 1978 (being Laws 1973, Chapter 236, Section 11) is amended to read: "57-18-11. DEPUTY WEIGHMASTER.
SECTION 76. Section 57-19-25 NMSA 1978 (being Laws 1993, Chapter 98, Section 1) is amended to read: "57-19-25. SHORT TITLE.--Sections 57-19-25 through 57-19-37 NMSA 1978 may be cited as the "Petroleum Products Standards Act”."
END OF AMENDMENTS FOR GRAMMAR
SECTION 81. RECOMPILATION.--Sections 60-16-3 through 60-16-6 NMSA 1978 (being Laws 2018, Chapter 47, Sections 3 through 6) are recompiled as Sections 76-16A-3 through 76-16A-6 NMSA 1978. SECTION 82. REPEAL.-- A. Sections 57-17-16 and 57-17-17 NMSA 1978 (being Laws 1959, Chapter 202, Sections 23 and 25, as amended) are repealed. B. Section 57-18-8 NMSA 1978 (being Laws 1973, Chapter 236, Section 8, as amended) is repealed. C. Section 76-4-15 NMSA 1978 (being Laws 1973, Chapter 366, Section 15) is repealed. D. Sections 76-5-1 and 76-5-14 NMSA 1978 (being Laws 1899, Chapter 56, Section 1 and Laws 1959, Chapter 195, Section 5, as amended) are repealed. E. Sections 76-9-6, 76-9-9 and 76-9-10 NMSA 1978 (being Laws 1975, Chapter 122, Sections 6, 9 and 10) are repealed. 
SECTION 83. EFFECTIVE DATE.--The effective date of the provisions of this act is October 1, 2025. 

Amendments:

 Senate Bill 214 is amended by the Senate Conservation Committee (SCONC).
SCONC amends SECTION 22. Section 76-9-2 NMSA 1978 (being Laws 1975, Chapter 122, Section 2) to change a definition as used in the Bee Act:
Deletes Subsection G the definition of commercial apiary.
Inserts Subsection G with a new definition of commercial apiary:
G. "commercial apiary" means a location where a beekeeper is required to maintain the minimum number of colonies designated by the board;
The Subsection Letters are deleted and relettered.
SCONC amends SECTION 28 the Bee Act under Importation of Bees to insert  Subsection C. 
C. The department may by rule impose additional rules on the establishment of apiaries in New Mexico by out-of-state beekeepers. Rules may include registration of apiary locations and prior approval of their location by the department prior to entry of hives into the state.
SCONC amends SECTION 29. Section 76-9-12 NMSA 1978 (being Laws 1975, Chapter 122, Section 12) in Fees to insert “registration” with inspections, travel and document services that shall be established by the board. All money collected pursuant to the Bee Act shall be expended only to administer and enforce the Bee Act. 
SCONC amends SECTION 82 to Repeal as shown in Subsection E.
E. Sections 76-9-6 and 76-9-9 NMSA 1978 (being Laws 1975, Chapter 122, Sections 6 and 9 ), are repealed.