54th legislature - STATE OF NEW MEXICO - second session, 2020


Daymon Ely










     SECTION 1. Section 76-4-1 NMSA 1978 (being Laws 1973, Chapter 366, Section 1) is amended to read:

     "76-4-1. SHORT TITLE.--[This act] Chapter 76, Article 4 NMSA 1978 may be cited as the "Pesticide Control Act"."

     SECTION 2. Section 76-4-5 NMSA 1978 (being Laws 1973, Chapter 366, Section 5) is amended to read:

     "76-4-5. PROHIBITED ACTS.--

          A. It is unlawful for any person to distribute within the state, or to deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, or use any of the following:

                (1) any pesticide [which] that has not been registered in accordance with the Pesticide Control Act or [regulations] rules adopted pursuant to that act;

                (2) any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration or if the composition as represented in connection with its registration differs. However, at the discretion of the department, a change in the labeling of a pesticide, except changes in the ingredient statement, may be made within a registration period without requiring reregistration of the product if the change will not have unreasonable adverse effects on the environment;

                (3) any pesticide, unless it is in the unbroken immediate container of the registrant or manufacturer and there is affixed to the container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in the Pesticide Control Act and the [regulations] rules adopted pursuant to that act;

                (4) any pesticide [which] that has not been colored or discolored as required by the Pesticide Control Act;

                (5) any pesticide [which] that does not meet the professed standard of quantity or quality, as expressed on the labeling under which it is sold, or in which any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent has been wholly or in part abstracted or if any contaminant is misbranded or is present in an amount determined by the department to be a hazard;

                (6) any device [which] that is misbranded; [or]

                (7) any pesticide in containers violating [regulations] rules adopted pursuant to the Pesticide Control Act or pesticides found in damaged containers [which] that constitute a hazard to the environment; or

                (8) any pesticide containing chlorpyrifos as an active ingredient. As used in this paragraph, "chlorpyrifos" means an organophosphate insecticide, acaricide and miticide used primarily to control foliage- and soil-borne insect pests on a variety of animals, buildings, food and feed crops and in other settings.

          B. It is unlawful:

                (1) to distribute a restricted use pesticide to any person who is required by law or [regulations] rules promulgated pursuant to the Pesticide Control Act to have a permit to use or purchase restricted use pesticides, unless the person or [his] the person's agent to whom sale or delivery is made has a valid permit to use or purchase the kind and quantity of the restricted use pesticide. However, subject to conditions established by the department, [such] the permit may be obtained from any person designated by the department immediately prior to distribution;

                (2) for any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in the Pesticide Control Act or [regulations] rules adopted pursuant to that act or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of the Pesticide Control Act or the [regulations] rules adopted [thereunder] pursuant to that act;

                (3) for any person to use or cause to be used any restricted use pesticide contrary to directions on the label or to [regulations] rules of the board if those [regulations] rules differ from or further restrict the labeling;

                (4) for any person to use for [his own] personal advantage or to reveal, other than to the department, [or] to the courts of the state in response to a subpoena, [or] to physicians or, in emergencies, to pharmacists and other qualified [person] persons for use in the preparation of a practical treatment, including first aid, in case of poisoning, any information relative to formulas of products acquired by authority of the Pesticide Control Act;

                (5) for any person to handle, transport, store, display, distribute or use pesticides in such a manner as to endanger [man and his] humans or the environment or to endanger food, feed or any other products that may be transported, stored, displayed or distributed with [such] the pesticides; or

                (6) for any person to dispose of, discard or store any pesticides or pesticide containers in a manner that may cause injury to humans, vegetation, crops, livestock, wildlife or pollinating insects or to pollute any water supply or waterway."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2021.

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