HOUSE BILL 50
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Andy Nunez
AN ACT
RELATING TO AGRICULTURE; AMENDING THE PESTICIDE CONTROL ACT TO DEFINE "BUSINESS LICENSE" AND RAISE FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 76-4-3 NMSA 1978 (being Laws 1973, Chapter 366, Section 3, as amended) is amended to read:
"76-4-3. DEFINITIONS.--As used in the Pesticide Control Act:
A. "equipment" means any type of ground, water or aerial equipment, device or contrivance using motorized, mechanical or pressurized power to apply any pesticide on land and anything that may be growing, habitating or stored on or in such land, but does not include any pressurized hand-sized household device used by a homeowner to apply a pesticide or any equipment, device or contrivance of which the person who is applying the pesticide on his own land is the source of power or energy in making the pesticide application;
B. "board" means the board of regents of New Mexico state university;
C. "department" means the New Mexico department of agriculture;
D. "device" means any instrument or contrivance other than a firearm [which] that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than man and other than bacteria, viruses or other microorganisms on or in any living thing other than plants, but does not include equipment used for the application of pesticides when sold separately therefrom, [or] traps used to control predators or rodents or sterilization using dry heat or steam;
E. "distribute" means to offer for sale, hold for sale, sell, barter or supply in this state;
F. "environment" includes water, air, land, all [plant] plants and every living thing [therein or thereon] and the existing interrelationships;
G. "insect" means any of the numerous small invertebrate animals belonging principally to the class insecta, including [but not limited to] beetles, bugs, bees and flies, and to other allied classes of arthropods, including [but not limited to] spiders, mites, ticks, millipedes, centipedes and sowbugs;
H. "ingredient statement" means a statement [which] that contains the name and percentage of each ingredient of any pesticide [which is] intended for one of the purposes under Paragraphs (1) through (4) of Subsection N of this section, and the total percentage of all ingredients in the pesticide not for one of those purposes. If the pesticide contains arsenic in any form, the ingredient statement shall contain a statement of the percentages of total and water-soluble arsenic, calculated as elemental arsenic;
I. "label" means the written, printed or graphic matter on or attached to the pesticide or device or any of its containers or wrappers;
J. "labeling" means all labels and all other written, printed or graphic matter accompanying the pesticide or device at any time; or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the department, the United States environmental protection agency, United States departments of agriculture, [and] the interior [the department of health, education and welfare] and health and human services, state agricultural universities and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides;
K. "land" means all land and water areas, including air space, and all living things, [all] structures, buildings, contrivances and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation;
L. "person" has the extended meaning ascribed to it in Subsection E of Section [12-2-2] 12-2A-3 NMSA 1978;
M. "pest" means any living organism injurious to other living organisms, except man, viruses, bacteria or other microorganisms in or on other living organisms other than plants, [which] that the board by regulation declares to be a pest;
N. "pesticide" means any substance or mixture of substances intended for:
(1) preventing, destroying, repelling or mitigating any pest;
(2) causing the leaves or foliage to drop from a plant, with or without causing abscission;
(3) artificially accelerating the drying of plant tissue; or
(4) accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, through physiological action, but does not [including] include substances that are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments;
O. "pesticide dealer" means any person who distributes highly toxic pesticides, restricted use pesticides or both, which pesticides are restricted by regulation to distribution only by licensed pesticide dealers;
P. "pest management consultant" means any individual who offers or supplies technical advice or makes recommendations to the user of highly toxic pesticides, restricted use pesticides or both, which pesticides are restricted by regulation to distribution only by licensed pesticide dealers;
Q. "registrant" means a person who has registered any pesticide pursuant to the provisions of the Pesticide Control Act;
R. "restricted use pesticide" means any pesticide or device designated by the board as requiring specific restrictions to prevent unreasonable adverse effects on the environment, including man, beneficial insect predators and parasites, pollinating insects, animals, crops, wildlife and lands but excluding the pests the pesticide or device is intended to prevent, destroy, control or mitigate;
S. "unreasonable adverse effects on the environment" means an unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide;
T. "noncommercial applicator" means a person who uses or demonstrates restricted use pesticides and does not qualify as a private applicator and is not required to have a commercial applicator's license;
U. "private applicator" means a certified applicator who uses or supervises the use of any pesticide [which] that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities;
V. "public applicator" means a certified applicator who, as an employee of a federal, state, county, [city] or municipal agency or municipal corporation uses or supervises the use of any pesticide [which] that is classified for restricted use only by certified applicators or persons under their direct supervision; [and]
W. "commercial applicator" means a certified applicator, whether or not he is a private applicator with respect to some uses, who for compensation uses or supervises the use of any pesticide for any purpose on any property other than as provided by [Section] Sections 76-4-19 [NMSA 1978 and Section 8 of this act] and 76-4-20.1 NMSA 1978; and
X. "business license" means a license classification that is required for a business, corporation, association or person that qualifies as or employs one or more commercial applicators who use or supervise the use of pesticides applied to the property of another for compensation."
Section 2. Section 76-4-22 NMSA 1978 (being Laws 1973, Chapter 366, Section 22, as amended) is amended to read:
"76-4-22. FEES.--
A. Fees for the registration of pesticides and the various licenses, inspection of apparatuses and examination of applicants required by the Pesticide Control Act shall be set by the board not to exceed the [amount] amounts authorized below:
(1) annual registration fee for each pesticide or device registered, not more than. . . . . . . [$35.00] $150;
(2) annual pesticide dealer license for each location or outlet within the state or, if there is no outlet in the state, for the principal out-of-state location or outlet, not more than. . . . . . . . . . . . . . [$50.00] $100;
(3) annual pest management consultant license, not more than. . . . . . . . . . . . . . . . . . [$50.00] $100;
(4) annual commercial [pesticide] applicator license, not more than. . . . . . . . . . . . . .[$75.00] $100;
(5) annual operator license, not more than
. . . . . . . . . . . . . . . . . . . . . . . .[$50.00] $75.00;
(6) annual noncommercial applicator license, not more than. . . . . . . . . . . . . . . . . . [$50.00] $100;
(7) private applicator certification or renewal, not more than. . . . . . . . . . . . .[$ 5.00] $25.00;
(8) additional inspection required to certify each unit of aircraft, ground or manual equipment that fails to pass inspection, not more than. . . . . . . . . . $25.00; [and]
(9) examination fee for each examination needed to qualify the applicant as a pest management consultant, commercial [pesticide] applicator, noncommercial applicator or operator or any combination thereof, not more than. . . . . . . . . . . . . . . . . . . .[$ 5.00] $20.00; and
(10) annual business license. . . . . $100.00.
B. If the application for the renewal of a pesticide registration or any annual license provided for in the Pesticide Control Act is not filed prior to the expiration date of the prior registration or license, the fee for [such] renewal of registration or license shall be double the amount specified in this section and shall be paid by the applicant before the renewal registration or license [shall be] is issued. Any person holding a current valid license may renew his license for the next year without taking an examination unless the department determines that additional knowledge relating to the classification for which the applicant has applied makes a new examination necessary. However, if the license is not renewed within thirty days after expiration, the licensee shall be required to take new certification examinations."
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