21.18.3.31

Spay and Neuter Program Fee:

1. A. Additional Fees

   1. (1) Beginning January 1, 2021 and ending December 31, 2021, fifty dollars ($50.00)
   2. (2) Beginning January 1, 2022 and ending December 31, 2022, seventy-five dollars ($75.00)
   3. (3) Beginning January 1, 2023, one hundred dollars ($100.00)

   In addition to the commercial feed registration fee, an additional annual fee shall be collected on each pet food registered with the department. This fee shall be implemented as follows:

2. B. Exemptions

   1. (1) A pet food manufacturer shall be exempt of the spay and neuter program fees upon submission of a notarized affidavit attesting that tax-year annual gross revenue from the distribution of pet food is no more than three million dollars. The spay and neuter program fee exemption affidavit shall be submitted to the department on a form furnished by the department.
   2. (2) A pet food manufacturer shall be exempt of the spay and neuter program fees for a specific product upon submission of a notarized affidavit attesting that the specific product meets the definition of prescription diet. The spay and neuter program fee exemption affidavit shall be submitted to the department on a form furnished by the department.

3. C. Distribution, ninety-six percent of this additional fee collected shall be deposited with the state treasurer to credit the statewide spay and neuter subaccount of the animal care and facility fund. Four percent of this additional fee collected shall be distributed to the department to administer New Mexico Commercial Feed Act.

   HISTORY OF 21.18.3 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:

   NMDA Rule 73-2, Regulatory Order No. 4, Feed Regulations, filed 5/15/1973.

   NMDA Rule 73-3, Regulatory Order No. 5, Commercial Feed Regulations, filed 5/15/1973.

   NMDA Rule 73-3, Amendment No. 1, Regulatory Order No. 8, Commercial Feed Exemptions, filed 7/1/1976.

   NMDA Rule 73-10, Regulatory Order No. 6, filed 11/27/1973.

   NMDA Rule 76-5, Regulatory Order No. 7, Feed Inspection Fees, filed 9/28/1976.

   NMDA Rule 84-2, Additional Requirements for Liquid Feed Labeling, filed 10/23/1984.

   History of Repealed Material:

   21.18.3 NMAC, Commercial Feeds, filed 05/12/2009 - Duration expired effective 9/30/2013

[21.18.3.31 NMAC - N, 1/1/2021]