The department may inspect any nursery or other place or vehicle that might become infested or infected with plant pests or that may contain from time to time plants so infested or infected. The department may inspect or reinspect any nursery or florist stock within the state and inspect associated documentation. Nursery or florist stock or other plant material not found to meet viability standards as provided in Section 76-5-20 NMSA 1978 may be destroyed or removed from sale or managed in a manner deemed necessary by the department until the conditions are corrected.
History: 1953 Comp., § 45-8-24, enacted by Laws 1959, ch. 195, § 3; 1967, ch. 53, § 2; 1973, ch. 97, § 2; 2013, ch. 15, § 3.
ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized the department of agriculture to inspect documentation associated with nursery and florist stock and to destroy or remove from sale nursery or florist stock that does not meet viability standards; in the second sentence, after "within the state", added "and inspect associated documentation"; and added the last sentence.
Purpose of this act is to insure that only disease-free nursery products are shipped into New Mexico. In order to accomplish this purpose there is a provision for the inspection of out-of-state nurseries to insure that such nursery is free from diseased plants and shrubs. The fee charged is merely for the purpose of providing means for the enforcement of the act and is not an unreasonable amount. 1956 Op. Att'y Gen. No. 56-6377 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 1, 4, 63 to 66, 69, 70, 72, 87, 88, 90, 94, 97, 99, 113, 120, 122 to 126.
3 C.J.S. Agriculture § 90.