HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 272

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO FIREWOOD; PROHIBITING IMPORT AND SALES OF FIREWOOD FROM OTHER STATES; PROVIDING FOR RECORDKEEPING OF FIREWOOD FROM NEW MEXICO SOURCES; PROVIDING FOR RULEMAKING AND ENFORCEMENT BY THE NEW MEXICO DEPARTMENT OF AGRICULTURE.

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

     SECTION 1. [NEW MATERIAL] FIREWOOD--NEW MEXICO DEPARTMENT OF AGRICULTURE RULES.--

          A. As used in this section, "firewood" means whole or split pieces of wood that are:

                (1) less than forty-eight inches in length; and

                (2) in a form commonly used for burning in campfires, stoves or fireplaces.

          B. A person shall not transport into New Mexico firewood for personal use or sale unless the firewood has been sourced from New Mexico or has been treated in a manner prescribed by the New Mexico department of agriculture.

          C. Firewood sourced outside of New Mexico shall be labeled as required by the department, and the seller shall provide documentation that the firewood has been treated as prescribed by the department.

          D. A person that transports or supplies firewood in New Mexico for other than personal use that is harvested from a source outside of New Mexico shall provide records, certificates or other documents as required by the department. A person that sells firewood in New Mexico that is harvested from a source outside of New Mexico shall maintain records, certificates or other documents as required by the department.

          E. The records, certificates or other documents of a person described in this section that transports or supplies firewood in New Mexico shall include information regarding the source of the firewood, any treatment of the firewood and the disposition of the firewood. The records, certificates or other documents of a person that sells firewood shall include information regarding the source and supplier of the firewood.

          F. The department shall adopt rules to carry out the provisions of this section, including establishing the required retention time for the records, certificates or other documents. The department may inspect the records, certificates and other documents described in this section and the inventory and facilities of a person that transports firewood or of a firewood supplier or seller at any time during reasonable business hours and may take samples for purposes of detecting invasive species.

          G. In addition to any other requirements of this section, if firewood is harvested from a source that is subject to a state or federal quarantine for the control of a plant disease or pest, any harvesting, treating, transporting, supplying or selling of the firewood shall be performed in conformance with the quarantine.

- 3 -