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
21.18.4.1 et. seq. NMAC, SEED STANDARDS AND CLASSIFICATIONS.
PURPOSE
AND SUMMARY OF THE PROPOSED RULES:
Primary
proposed amendments to the current Seed Standards and Classifications rule
language updates the fee schedule for testing seeds that support the state seed
laboratory for analyzing samples submitted by constituents. The amendments update seed name and
scientific names in the prohibited and restricted noxious weed seeds. Lastly, the rule amendments update the
germination standards for vegetable seed and methods of sampling, inspecting,
analyzing, testing and examination of seed by referencing the Federal Seed act
7 CFR part 201.
The
departments obligation to the citizens of New Mexico is to assure that seeds
sold in the state are labeled properly and meet the standards placed upon the
label. The current fee schedule set in rule for seed testing by the department
to recoup costs of testing and examine samples requested by outside persons or
entities from the department.
Proposed
rule changes will follow the repeal and replacement process rather than the
amendment process for seed standards and classifications. These adjustments are
necessary to help offset the increased cost seed testing and analysis for
inflation and mandatory adjustments to staff salaries. The proposed changes also clean up the
prohibited and noxious weed names and species as well as adopt the Federal Seed
Act 7 CFR part 201 for methods of sampling and testing as well as germination
standards which clean up the rule.
STATUTORY
AUTHORITY:
Granted to the Board of Regents of New Mexico State University under the New
Mexico Seed Law, Chapter 76, Article 10, Sections 11 through 22, New Mexico
Statutes Annotated, 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 10am 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, 10am 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, 10am hearing:
+1
669 900 6833 or +1 719 359 4580
Meeting
ID: 777 178 7960
Passcode: 328151
Thursday,
July 31 2025 at 10am 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, please 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.