New
Mexico Register / Volume XXIX, Issue 18 / September 25, 2018
TITLE 21 AGRICULTURE
AND RANCHING
CHAPTER
19 PEST, DISEASE, AND WEED CONTROL
PART 2 PECAN
BUYERS LICENSURE
21.19.2.1 ISSUING
AGENCY: New Mexico State University, New
Mexico Department of Agriculture, MSC 3189, Box 30005, Las Cruces New Mexico
88003-8005, Telephone No. (575) 646-3007.
[21.19.2.1 NMAC - N, 11/01/2018]
21.19.2.2 SCOPE: The rule shall apply to all persons buying
in-shell pecans in New Mexico, except where stated in statute.
[21.19.2.2 NMAC - N, 11/01/2018]
21.19.2.3 STATUTORY AUTHORITY: Granted to the board of regents of New Mexico
state university under Chapter 47, SB 217, 2018 legislature.
[21.19.2.3 NMAC - N, 11/01/2018]
21.19.2.4 DURATION: Permanent
[21.19.2.4 NMAC - N, 11/01/2018]
21.19.2.5 EFFECTIVE DATE: November 1, 2018, unless a later date is cited at the end of a section.
[21.19.2.5 NMAC - N, 11/01/2018]
21.19.2.6 OBJECTIVE: The rule establishes licensing fees,
licensing requirements, and licensing period for persons buying in-shell
pecans.
[21.19.2.6 NMAC - N, 11/01/2018]
21.19.2.7 DEFINITIONS:
A. “Fixed Buying Location” means locations in which the purchase of in-shell pecans is conducted from a building or other structure.
B. “Mobile Buying Location” means location
in which the purchase of in-shell pecans is conducted from a vehicle or a
location not defined as a fixed buying location.
[21.19.2.7 NMAC - N,
11/01/2018]
21.19.2.8 LICENSE YEAR: The license year shall be a twelve month
period from October 1 to September 30. Licenses, certificates or permits issued
at any time during the license year, for a current licensing period, shall
expire on September 30 following issuance. Licenses, certificates or permits
shall be issued by New Mexico Department of Agriculture.
[21.19.2.8 NMAC - N, 11/01/2018]
21.19.2.9 LICENSE APPLICATION:
A. For fixed buying locations, a pecan buyer’s license shall
be required for each buying location. An application form for a fixed buying
location shall include the following:
(1) name
of the business submitting for a license;
(2) name
of the owner of the businesses submitting for a license;
(3) valid
mailing address, telephone number, and email of person authorized to request a
license for each buying location;
(4) physical
address or directions for each buying location to include sufficient
information to be located for on-site inspections;
(5) physical
address or directions where buying records are maintained to include sufficient
information to be located for on-site inspections; and
(6) days
and hours of operation to include seasonal deviations.
B. For
mobile buying locations, a license will be required for each mobile unit
engaged in the purchase of in-shell pecans at each permitted location. Additionally, a pecan buyer’s location permit
will be required for each location that a mobile unit will be parked and
engaged in the purchase of in-shell nuts. An application form for mobile buying
locations shall include the following:
(1) name
of the business submitting for a license;
(2) name
of the owner of the businesses submitting for a license;
(3) valid
mailing address, telephone number, and email of person authorized to request a
license for each buying location;
(4) mobile
unit description including make, model, year, license plate, and color that
will be parked and used for the purchase of in-shell pecans;
(5) physical
address or directions where buying records are maintained to include sufficient
information to be located for on-site inspections;
(6) physical
address(es) or directions where each mobile unit will be parked for the purpose
of purchasing in-shell pecans;
(7) a
mobile license holder shall be required to register and obtain additional
location permits, prior to engaging in the business of purchasing in-shell
pecans, for locations not identified in a current and valid license
application; and
(8) days
and hours of operation to include seasonal deviations.
C. Incomplete
or improperly completed applications will be identified by the department and
shall be returned to the applicant for completion or correction.
[21.19.2.9 NMAC - N,
11/01/2018]
21.19.2.10 BUYERS’ RECORD REQUIREMENTS: Shall include the following:
A. information obtained by each buyer of in-shell pecans
from the seller shall include:
(1) location
and date of the purchase;
(2) name,
telephone number, and address of the seller;
(3) street
address or physical location of the tree or the farm from where the in-shell
pecans originated;
(4) personal
identification number obtained from either a drivers’ license, military
identification card, or passport issued by the United States;
(5) license
plate number, make and model of the seller’s motor vehicle; and
(6) total
weight of the in-shell purchased.
B. Ensure
record of the purchase of in-shell pecans are available for inspection by the
department or a peace officer within 48 hours of a transaction.
C. Retain
records of purchase of in-shell pecans for a minimum of two years.
[21.19.2.10 NMAC - N, 11/01/2018]
21.19.2.11 FEES: Acceptable forms of payment shall be
identified by the department. Licenses
and location permits shall be displayed at each licensed or permitted location
for public viewing.
A. For
fixed locations, the annual pecan buyer’s license fee shall be three hundred
dollars ($300) per physical location.
B. For
mobile buying locations, the annual pecan buyer’s license fee shall be two
hundred and seventy five dollars ($275) per mobile unit engaged in the purchase
of in-shell pecans. For each buying
location that a vehicle operates from, the annual fee for a location permit
shall be twenty five dollars ($25).
C. Fees
are not refundable after a pecan buyer’s license or location permit has been
issued by the department.
[21.19.2.11 NMAC - N, 11/01/2018]
21.19.2.12 LICENSE TRANSFERS: Fees and
licenses are not transferable between locations or businesses.
[21.19.2.12 NMAC - N, 11/01/2018]
History of 21.19.2
NMAC: [RESERVED]