44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO PROCUREMENT; ENACTING A NEW SECTION OF THE PROCUREMENT CODE TO REQUIRE EVERY CONTRACT FOR THE PROCUREMENT OF AGRICULTURAL PRODUCTS TO REQUIRE THE CONTRACTOR TO GIVE PREFERENCE TO AGRICULTURAL PRODUCTS FROM NEW MEXICO.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Procurement Code, Section 13-1-170.1 NMSA 1978, is enacted to read:

"13-1-170.1. [NEW MATERIAL] UNIFORM CONTRACT CLAUSE--PREFERENCE FOR NEW MEXICO AGRICULTURAL PRODUCTS--ASSISTANCE FROM THE NEW MEXICO DEPARTMENT OF AGRICULTURE.--

A. Every contract or price agreement that may include any procurement or other supplying of agricultural products shall include the following provision: "In obtaining any agricultural product to be delivered under this contract, contractor agrees to give preference to those agricultural products produced, processed or grown in New Mexico if the cost to the contractor is equal, and the quality similar, to alternative agricultural products produced, processed or grown elsewhere.".

B. Upon the request of a central purchasing office or contractor, the New Mexico department of agriculture shall assist with the implementation and enforcement of the provisions of Subsection A of this section, including information concerning the availability of agricultural products.

C. As used in this section:

(1) "agricultural products" includes livestock, animal products, crops and other similar products; and

(2) "processed" means canning, freezing, drying, juicing, preserving or any other act that changes the form of a good from its natural state to another form."