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«New Mexico Seed Law Chapter 76, Article 10, Sections 11 through 22, New Mexico Statutes 1978, Annotated. Section 76-10-11 Short title. 76-10-12 ...»

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New Mexico Seed Law

Chapter 76, Article 10, Sections 11 through 22, New Mexico Statutes 1978,

Annotated.

Section

76-10-11 Short title.

76-10-12 Definitions.

76-10-13 Label requirements.

76-10-14 Prohibitions.

76-10-15 Records.

76-10-16 Exemptions.

76-10-17 Seed certification.

76-10-18 Duties and authority of board or its agents.

76-10-19 Seizure.

76-10-20 Injunction.

76-10-21 Violations and prosecutions.

76-10-22 Appropriation.

76-10-11. Short title.

This act [76-10-11 to 76-10-22] may be cited as the "New Mexico Seed Law."

76-10-12. Definitions.

As used in the New Mexico Seed Law [76-10-11 to 76-10-22]:

A. "person" includes any individual, partnership, corporation, company, society or association;

B. "agricultural seeds" includes the seeds of grass, forage, cereal and fiber crops.

It shall include any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include noxious weed seeds when the board of regents of New Mexico state university determines that such seed is being used as agricultural seed;

C. "vegetable seeds" includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state;

D. "weed seeds" includes the seeds, bulblets and sporocarps of all plants generally recognized as weeds within this state;

E. "noxious weed seeds" includes prohibited noxious weed seeds and restricted noxious weed seeds;

F. "prohibited noxious weed seeds" are seeds of weeds which, when established, are highly destructive and are not controlled in this state by the cultural practices commonly used. Such weeds are to be specified by rules and regulations as provided for in this act;

G. "restricted noxious weed seeds" are the seeds of weeds which are very objectionable in fields, lawns and gardens in this state and are very difficult to control by cultural practices commonly used. Such seeds are to be specified by rules and regulations as provided in this act;

H. "labeling" includes all labels, and other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices;

I. "advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this act;

J. "record" includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed;

K. "stop sale" means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed;

L. "seizure" means a legal process carried out by court order against a definite amount of seed;

M. "kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy;

N. "variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind;

O. "lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling;

P. "hybrid" means the first generation seed of a cross produced by controlling the pollination and by combining (1) two [2] or more inbred lines;

(2) one [1] inbred or a single cross with an open pollinated variety; or (3) two [2] varieties or species, except open pollinated varieties of corn (Zea mays). The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names;

Q. "pure seed," "germination," and other seed labeling and testing terms in common usage shall be defined as in the rules for seed testing published by the Association of Official Seed Analysts, effective July 1, 1955, and as subsequently amended;

R. "type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions;

S. "treated" means that the seed has received an application of a substance, or that the seed has been subjected to a process for which a claim is made;

T. A "private hearing" may consist of a discussion of facts between the person charged and the enforcement officer; and U. "board" means the board of regents of New Mexico state university.

76-10-13. Label requirements.

Each container of agricultural or vegetable seed which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container.

A. For all seeds named and treated as defined in this act [76-10-11 to 76-10-22],

for which a separate label may be used:





(1) a word or statement indicating that the seed has been treated.

(2) the commonly accepted coined, chemical or abbreviated chemical name of the applied substance or description of the process used.

(3) if the substance in the amount present with the seed is harmful to human or other vertebrate animals a caution statement such as "Do not use for food or feed or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement or symbol.

(4) if the seed is treated with a inoculant, the date beyond which the inoculant is not to be considered effective, the date of expiration.

B. For agricultural seeds, except for grass seed mixtures as provided in subsection

C:

(1) commonly accepted name of the kind and the variety, or kind and the phrase "variety not stated" for each agricultural seed component in excess of 5 per cent [5%] of the whole and the percentage by weight of each in order of its predominance. When more than one [1] component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label;

(2) lot number or other lot identification;

(3) origin, state or foreign country, if know, of alfalfa, red clover, range grass seed, and field corn, except hybrid corn. If the origin is unknown, the fact shall be stated;

(4) percentage by weight of all weed seeds;

(5) the name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

(6) percentage by weight of agricultural seeds, which may be designated as "crop seeds," other than those required to be named on the label;

(7) percentage by weight of inert matter; and (8) for each named agricultural seed:

(a) percentage of germination, exclusive of hard seed;

(b) percentage of hard seeds, if present; and (c) the calendar month and year the test was completed to determine such percentages.

Following subparagraphs (a) and (b) the "total germination" and "hard seed" may be stated as such, if desired; and (9) name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within this state.

C. For seed mixtures for lawn and turf purposes in containers of fifty [50] pounds

or less:

(1) the word "Mixed" or "Mixture";

(2) the headings "Fine Textured Grasses" and "Coarse Kinds" and thereunder in

tabular form in type no larger than the heading:

(a) commonly accepted name, in order of its predominance, of the kind, or kind and variety of each agricultural seed present in excess of five percent [5%] of the whole and determined to be a "fine textured grass" or a "coarse kind" in accordance with the rules and regulations under this act;

(b) percentage by weight of pure seed of each agricultural seed named;

(c) for each agricultural seed named under subparagraph (a) above, (1) percentage of germination, exclusive of hard seed, (2) percentage of hard seed, if present, (3) calendar month and year the test was completed to determine such percentage;

(3) the heading "Other Ingredients" and thereunder in type no larger than the

heading:

(a) percentage by weight of all weed seeds;

(b) percentage by weight of all agricultural seeds other than those stated under paragraph (2) (a);

(c) percentage by weight of inert matter;

(4) lot number or other lot identification;

(5) name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

(6) name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within this state; and (7) net weight.

D. For vegetable seeds in containers of one [1] pound or less:

(1) name of kind and variety of seed;

(2) for seeds which germinate less than the standard last established by the board

under this act:

(a) percentage of germination, exclusive of hard seed;

(b) percentage of hard seed, if present;

(c) the calendar month and year the test was completed to determine such percentages; and (d) the words "Below Standard" in not less than 8 point type; and (3) name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this state.

E. For vegetable seeds in containers of more than one [1] pound:

(1) the name of each kind and variety present in excess of five per cent [5%] and the percentage by weight of each in order of its predominance.

(2) lot number or other lot identification;

(3) for each named vegetable seed:

(a) the percentage of germination, exclusive of hard seed;

(b) the percentage of hard seed, if present;

(c) the calendar month and year the test was completed to determine such percentages.

Following subparagraphs (a) and (b) the "total germination and hard seed" may be stated as such, if desired;

(4) name and address of the person who labeled said seed, or who sells, offers or exposes said seed for sale within this state; and (5) the labeling requirements for vegetable seeds in containers of more than one [1] pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

76-10-14. Prohibitions.

A. It is unlawful for any person to sell, offer for sale, expose for sale or to

transport for sale any agricultural or vegetable seed within this state:

(1) unless the test to determine the percentage of germination required by section 2 [76-10-12] shall have been completed within a nine month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation; provided, the board may set a different period if after hearing it is found advisable to do so;

(2) not labeled in accordance with the provisions of this act [76-10-11 to 76-10-22], or having a false or misleading labeling;

(3) pertaining to which there has been a false or misleading advertisement;

(4) consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;

(5) consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this act, or in excess of the number declared on the label attached to the container of the seed or associated with the seed;

(6) containing more than two and onehalf per cent [2 1/2%] by weight of all weed seeds; and (7) if any labeling, advertising, or other representations subject to this act

represents the seed to be certified or registered seed unless:

(a) it has been determined by a seed certifying agency that such seed was produced, processed and packaged, and conforms to standards of purity as to kind or variety, in compliance with rules and regulations of such agency pertaining to such seed; and (b) the seed bears an official label issued for such seed by a seed certifying agency stating that the seed is certified or registered.

B. It is unlawful for any person within this state:

(1) to detach, alter, deface, or destroy any label provided for in this act or the rules and regulations made and promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purpose of this act;

(2) to disseminate any false or misleading advertisements concerning agricultural or vegetable seeds in any manner or by any means;

(3) to hinder or obstruct in any way, any authorized person in the performance of his duties under this act;

(4) to fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order, except with express permission of the enforcing officer, and for the purpose specified thereby;

(5) to use the word " trace" as substitute for any statement which is required; and (6) to use the word " type" in any labeling in connection with the name of any agricultural seed variety.

76-10-15. Records.

Each person whose name appears on the label as handling agricultural or vegetable seed subject to this act [76-10-11 to 76-10-22] shall keep for a period of two (2) years complete records of each lot of agricultural or vegetable seed handled and keep for one (1) year a file sample of each lot of seed after final disposition of said lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the board or its agents during customary business hours.

76-10-16. Exemptions.

A. The provisions of sections 3 and 4 [76-10-13, 76-10-14] do not apply:

(1) to seed or grain not intended for sowing purposes;



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