N.M. Code R. § 21.17.2.10 – Exemptions

A. A non-profit educational, charitable or service organization may be exempt from payment of fees for a plant protection license or permit provided the applicant provides to the department in writing that:
(1) nursery and/or floral stock offered for sale by the organization is grown by its members and/or is purchased from a New Mexico certified or licensed nursery or florist dealer;
(2) the funds received from the sale of such plants shall be used for the benefit of the organization or for improvement or beautification projects within the local community;
(3) a properly completed and signed application for the appropriate license or permit is filed by the applicant in addition to written statements described in Paragraphs (1) and (2) of Subsection A of 21.17.2.10 NMAC;
(4) an organization meeting the criteria described in Paragraphs (1) through (3) of Subsection A of 21.17.2.10 NMAC may be exempt from fees for one license or permit for one activity category only. Additional licenses or permits and all tags shall be available at the fee schedule described in Subsections A through I of 21.17.2.9 NMAC.
B. A school organization affiliated with a state accredited education institution, whose primary function as part of the offered academic curriculum is to teach members or students to landscape or to propagate and market nursery and floral stock, may provide landscape services or may sell nursery or florist stock raised by organization members without payment of fees. A properly completed application for the appropriate license, permit and activity shall be filed with the department annually by the organization's sponsor along with a written description of the organization, its activities and its affiliation with a particular state accredited institution.
C. An individual who grows plants by his own efforts for pleasure, whose return from sales do not exceed the outlay for propagative plant materials, who does not advertise or display for purpose of sale and who does not sell any nursery/floral stock interstate or internationally is exempt from payment of fees. No license or permit is required.
D. Fees may be waived by the director when, in his discretion, special circumstances warrant such a waiver.
[7/1/97; 21.17.2.10 NMAC - Rn, 21 NMAC 17.2.10, 01/01/09]