TITLE 21 AGRICULTURE
AND RANCHING
CHAPTER
19 PECAN BUYERS LICENSURE
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]