New Mexico
Register / Volume XXXVI, Issue 12 / June 24, 2025
NOTICE OF PROPOSED
RULEMAKING
NOTICE
IS HEREBY GIVEN that
the New Mexico Department of Agriculture (NMDA), proposes to repeal and replace
21.17.50 NMAC, PEST, DISEASE AND WEED CONTROL.
PURPOSE
AND SUMMARY OF THE PROPOSED RULES:
Primary
proposed amendments to the current Pesticide rule language removes
unwarranted definitions; amends licensing and registration expiration dates to
ease the re-registration efforts during the winter holiday season; and updates
outdated fee schedules that support pesticide related services and statute
mandated licensing and pesticide registration activities.
The
current Pesticide rule does not comply with current style and formatting
requirements and is therefore required to follow the repeal and replacement
process rather than the amendment process. Subsection C of 1.24.11.9 NMAC
states “When an agency amends a part that was not filed in the current style
and format, it shall reformat the entire part (or use the reformatting done by
the records center) and officially adopt the current style and formatting
requirements in conjunction with the amendment.” Style and formatting changes to the Pesticide
rule in its entirety are included in the proposed amendments.
Principal
proposed rule amendments remove three unwarranted definitions (Subsections C, E
and Y of 21.17.50.7 NMAC); revises expiration dates for pesticide registration
and pesticide applicator licenses from December 31 to January 31 (Subsections A
et. seq. of 21.17.50.9 NMAC); updates 15-year old annual licensing fees for
pesticide dealers, pest management consultants, commercial applicators,
non-commercial applicators, pesticide operators and private applicators
(Subsection B through G of 21.17.50.25 NMAC); and updates the 2010 pesticide
registration, and examination fees (Subsection A and I of 21.17.50.25
NMAC).
STATUTORY
AUTHORITY:
Granted to the Board of Regents of New Mexico State University under the New
Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39,
NMSA 1978 Compilation.
Copies
of the Notice of Proposed Rulemaking and proposed rules (including any
technical information) are available by electronic download from the New Mexico
Department of Agriculture website (https://www.nmdeptag.nmsu.edu) and at agency
district and field offices.
Tuesday,
July 29 2025 at 11am NMDA will host a public
video/telephonic and in-person hearing at Gerald Thomas Hall Auditorium (Rm
194), New Mexico State University, located at 940 College Drive in Las Cruces,
NM, 88003.
Join
via Video for Tuesday, July 29, 2025, 11am hearing:
Meeting
URL: https://nmsu.zoom.us/j/83992662632
Meeting
ID: 777 178 7960
Passcode: 328151
Or
Join
via Phone for Tuesday, July 29, 2025, 11am hearing:
+1
669 900 6833 or +1 719 359 4580
Meeting
ID: 777 178 7960
Passcode: 328151
Thursday,
July 31 2025 at 11am NMDA will host a public in-person
hearing at the CNM workforce Training Center located at 5600 Eagle Rock Ave, NE
in Albuquerque, NM, 87113.
Oral comments will be accepted at the
hearing from members of the public and any interested parties. Written comments will be accepted until
5:00pm on July 31, 2025. Comments may be
submitted via email to comments@nmda.nmsu.edu or may be filed by sending
original copies to:
New Mexico Department of Agriculture,
Office of Director
MSC 3189, PO Box 30005, 1050 Stewart
Street, Las Cruces, NM 88003-8005
Only signed statements, proposals or
comments will be accepted. Scanned or
electronic signatures conforming to federal and state court requirements will
be accepted with the understanding that if there is any dispute regarding a
signature, NMDA reserves the right to require that original signatures be
provided to verify the electronic or facsimile signature.
SPECIAL NEEDS: If you are an
individual with a disability who needs a reader, amplifier, qualified sign
language interpreter, or any other form of auxiliary aid or service to attend
or participate in the hearing or meeting, pleases contact NMDA at (575)
646-3702 at least one week prior to the meeting or as soon as possible.
The Director will consider all oral
comments and will review all timely submitted written comments and responses.