UPDATE CERTAIN AGRICULTURAL FEES, the official text

SENATE BILL 143

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Pat Woods and Pat Boone and Rex Wilson and George K. Muñoz

AN ACT

RELATING TO AGRICULTURE; UPDATING FEES FOR CERTAIN NEW MEXICO
DEPARTMENT OF AGRICULTURE REGULATORY DUTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 25-6-9 NMSA 1978 (being Laws 1963,
Chapter 138, Section 9, as amended) is amended to read:

"25-6-9. EGG INSPECTION FEE.--The Egg Grading Act shall
be financed in part by the collection of a fee on all eggs sold
to the retailer or consumer. The board [shall have] has
authority to establish the fee at [their] its discretion, but
[in no case shall] the fee shall not exceed [one-half cent per
dozen] twenty cents ($.20) per case. 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 [the]
New Mexico state university for the purposes of administering
the provisions of that act and promoting the poultry industry
and its products and shall be expended upon the order of the
board in the same manner as other funds of [the] New Mexico
state university."

SECTION 2. Section 25-6-12 NMSA 1978 (being Laws 1963,
Chapter 138, Section 12, as amended) is amended to read:

"25-6-12. CERTIFICATION OF DEALERS.--

A. A small dealer's license is required of any
person [firm or corporation who] that buys, sells or traffics
in more than five cases and less than two hundred cases of eggs
in any one week.

B. A [medium-sized] medium dealer's license is
required of any person [firm or corporation who] that buys,
sells or traffics in [over] more than two hundred cases and
[less] fewer than four hundred cases of eggs in any one week.

C. A large dealer's license is required of any
person [firm or corporation who] that buys, sells or traffics
in [over] more than four hundred cases of eggs in any one week.

D. The annual license fees for each type of dealer
are:

(1) small dealer..............[$10.00] $20.00

(2) medium dealer.............[$25.00] $50.00

(3) large dealer..............[$50.00] $100.

E. For the purpose of this section, a "case" [shall
consist] consists of thirty dozen eggs.

F. All licenses shall be conspicuously posted in
the place of business to which they apply. The license is
subject to revocation by the inspectors for cause. [All
licenses issued prior to the effective date of the Egg Grading
Act shall expire when the act becomes effective and thereafter]
All licenses are renewable annually on July 1 [of each year]
and shall expire on June 30 of the succeeding year."

SECTION 3. Section 76-4-22 NMSA 1978 (being Laws 1973,
Chapter 366, Section 22, as amended) is amended to read:

"76-4-22. FEES.--

A. Fees for the registration of pesticides, the
various licenses, inspection of apparatuses and examination of
applicants required by the Pesticide Control Act shall be set
by the board not to exceed the amount authorized below:

(1) annual registration fee for each pesticide
or device registered, not more than. . . . . . . . [$150] $200;

(2) annual pesticide dealer license for each
location or outlet within the state or, if there is no outlet
in the state, for the principal out-of-state location or
outlet, not more than. . . . . . . . . . . . . . . [$100] $150;

(3) annual pest management consultant license,
not more than. . . . . . . . . . . . . . . . . . . [$100] $150;

(4) annual commercial pesticide applicator
license, not more than. . . . . . . . . . . . . . .[$100] $150;

(5) annual operator license, not more

than . . . . . . . . . . . . . . . . . . . . . . [$75.00] $100;

(6) annual noncommercial applicator license,
not more than. . . . . . . . . . . . . . . . . . . [$100] $150;

(7) private applicator certification or
renewal, not more than. . . . . . . . . . . . .[$25.00] $35.00;

(8) additional inspection required to certify
each unit of aircraft, ground or manual equipment that fails to
pass inspection, not more than.. . . . . . . . [$25.00] $35.00;

and

(9) examination fee for each examination
needed to qualify the applicant as a pest management
consultant, commercial pesticide applicator, noncommercial
applicator or operator or any combination thereof, not more
than. . . . . . . . . . . . . . . . . . . . . .[$20.00] $25.00.

B. If the application for the renewal of a
pesticide registration or any annual license provided for in
the Pesticide Control Act is not filed prior to the expiration
date of the prior registration or license, the fee for renewal
of registration or license shall be double the amount
[specified in this section] charged for the prior registration
or license and shall be paid by the applicant before the
renewal registration or license is issued. Any person holding
a current valid license may renew the license for the next year
without taking an examination unless the department determines
that additional knowledge relating to the classification for
which the applicant has applied makes a new examination
necessary. However, if the license is not renewed within
thirty days after expiration, the licensee shall be required to
take new certification examinations."

SECTION 4. Section 76-5-26 NMSA 1978 (being Laws 1973,
Chapter 97, Section 15, as amended) is amended to read:

"76-5-26. FEES.--

A. Fees paid for the licenses, certificates and
permits required under the Plant Protection Act shall be set by
[regulation] rule of the board but shall not exceed the
following amounts, except as provided in this subsection:

(1) annual inspection fee of nursery and
nursery stock, [seventy-five dollars ($75.00) plus two dollars
($2.00)] one hundred dollars ($100) plus three dollars ($3.00)
per acre of nursery stock inspected;

(2) annual special inspection fee for person
growing only vegetable plants, [twenty-five dollars ($25.00)]
thirty-five dollars ($35.00);

(3) annual nursery or florist dealer's,
landscaper's or agent's license fee, [seventy-five dollars
($75.00)] one hundred dollars ($100);

(4) annual special dealer's license for
persons who handle only vegetable or cactus plants, [twenty-five dollars ($25.00)] thirty-five dollars ($35.00); and

(5) annual fee for collected plants permit,
[seventy-five dollars ($75.00)] one hundred dollars ($100).

B. If the application for renewal of any annual
license, permit or certificate provided for in the Plant
Protection Act is not filed prior to the expiration of the
prior license, permit or certificate, the fee for such license,
permit or certificate shall be double the amount specified in
this section. However, this double fee shall not apply if the
applicant has not engaged in business subsequent to the
expiration of [his] the prior license, permit or certificate
and furnishes an affidavit certifying to that fact.

C. The board may adopt [regulations] rules to
exempt a person from the payment of fees."

SECTION 5. Section 76-11-4 NMSA 1978 (being Laws 1963,
Chapter 184, Section 4, as amended) is amended to read:

"76-11-4. FERTILIZER REGISTRATION.--

A. Each brand and grade of fertilizer and each soil
conditioner product shall be registered before being
distributed in the state. The application for registration
shall be submitted to the department on a form furnished by the
department and shall be accompanied by a fee of [five dollars
($5.00)] fifty dollars ($50.00) per brand or grade. [except
that those brands or grades sold in packages of five pounds or
less shall be registered at a fee of fifteen dollars ($15.00)
each] 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.

B. A distributor shall not be required to register
a brand of fertilizer or soil conditioner that is already
registered under the New Mexico Fertilizer Act by another
person.

C. A distributor shall not be required to register
a fertilizer formulated according to specifications that are
furnished by a consumer prior to mixing but shall be required
to label the fertilizer as provided in Subsection C of Section
76-11-5 NMSA 1978."

SECTION 6. Section 76-11-6 NMSA 1978 (being Laws 1963,
Chapter 184, Section 6, as amended) is amended to read:

"76-11-6. FERTILIZER INSPECTION FEES.--

A. There shall be paid to the department for all
fertilizer and soil conditioner distributed in the state in
packages exceeding five pounds an inspection fee set by the
board at a rate not to exceed [thirty-five cents ($.35) a ton;
provided that sales to manufacturers or exchanges between them
are exempted] ninety cents ($.90) a ton, but not less than five
dollars ($5.00) per reporting period. For each brand of
fertilizer or soil conditioner distributed in individual
packages of five pounds or less, a distributor shall pay an
annual inspection fee not to exceed ten dollars ($10.00) and
shall not pay the tonnage fee on such packages of the brand so
registered. 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 or soil
conditioner containing five pounds or less, there shall be paid
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). Where a
person sells fertilizer or soil conditioner in packages of five
pounds or less and in packages over five pounds, the annual
registration and inspection fee of fifteen dollars ($15.00)
applies only to that portion sold in packages of five pounds or
less, and that portion sold in packages over five pounds is
subject to the inspection fee.

C.] B. A person who distributes a fertilizer or
soil conditioner in the state shall file with the department on
forms furnished by the department a quarterly statement for the
periods ending March 31, June 30, September 30 and December 31
setting forth the number of net tons of each fertilizer or soil
conditioner distributed in the state during the quarter. The
report is due on or before the last day of the month following
the close of each quarter. The inspection fee shall be paid at
the time of filing of the statement. If the tonnage report is
not filed and the payment of inspection fee is not made within
thirty days after the end of the quarter, a collection fee
amounting to ten percent, but not less than ten dollars
($10.00), of the amount shall be assessed against the
registrant, and the amount of fees due constitutes a debt and
becomes the basis of a judgment against the registrant.

[D.] C. 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 prior distributor."

SECTION 7. Section 76-19A-12 NMSA 1978 (being Laws 2013,
Chapter 23, Section 12) is amended to read:

"76-19A-12. INSPECTION FEES--REPORTS--CANCELLATION OF
REGISTRATIONS.--

A. An inspection fee set by the board shall be paid
to the board for all commercial feeds distributed in New
Mexico. The fee shall not exceed [fifteen cents ($.15)] forty-five cents ($.45) per ton, but not less than five dollars
($5.00) per reporting period, or, for each brand of commercial
feed distributed in individual packages of ten pounds or less,
a distributor shall pay an annual inspection fee not to exceed
twenty-five dollars ($25.00) and shall not pay the tonnage fee
on such packages of the brand so registered.

B. Fees collected shall not exceed the costs of
inspection, sampling and analysis and other expenses necessary
for the administration of the New Mexico Commercial Feed Act.
Fees collected shall constitute a fund for the payment of the
costs of inspection, sampling and analysis and other expenses
necessary for the administration of that act.

C. Except as otherwise provided in this section, a
person who distributes commercial feed in New Mexico shall:

(1) file, not later than the last day of
January, April, July and October of each year, a quarterly
statement setting forth the number of net tons of commercial
feeds distributed in New Mexico during the preceding calendar
quarter and, upon filing the statement, shall pay the
inspection fee. When more than one person is involved in the
distribution of commercial feed, the person who distributes to
the consumer is responsible for reporting the tonnage and
paying the inspection fee unless the report and payment have
been made by a prior distributor of the feed; and

(2) keep such records as may be necessary or
required by the board to indicate accurately the tonnage of
commercial feeds distributed in New Mexico, and the board may
examine those records to verify statements of tonnage. If a
quarterly report is not filed or if the inspection fee is not
paid within the thirty-day period after the end of a quarter, a
penalty of twenty percent, or a sum of ten dollars ($10.00),
whichever is greater, [will] shall be due in addition to the
inspection fees, and the inspection fees and the penalty shall
constitute a debt for which suit may be brought by the board.

D. Failure to make an accurate statement of tonnage
or to pay the inspection fee or comply with the provisions of
the New Mexico Commercial Feed Act shall constitute sufficient
cause for the cancellation of all registrations on file for the
distributor."

SECTION 8. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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