1. A. Each brand and grade of fertilizer and each soil conditioner product shall be registered before being distributed in the state. The application for registration shall be submitted to the department on a form furnished by the department and shall be accompanied by a fee of fifty dollars ($50.00) per brand or grade. The board may index the amount of the fee for inflation until July 1, 2031 using the consumer price index, all urban consumers: all items published by the United States department of labor. Upon approval by the department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year.
2. B. A distributor shall not be required to register a brand of fertilizer or soil conditioner that is already registered under the New Mexico Fertilizer Act by another person.
3. C. A distributor shall not be required to register a fertilizer formulated according to specifications that are furnished by a consumer prior to mixing but shall be required to label the fertilizer as provided in Subsection C of Section 76-11-5 NMSA 1978.

History: 1953 Comp., § 45-13-14, enacted by Laws 1963, ch. 184, § 4; 1975, ch. 181, § 4; 2013, ch. 112, § 3; 2026, ch. 13, § 5.

ANNOTATIONS

The 2026 amendment, effective July 1, 2026, increased the fertilizer registration fee, and authorized the board of regents of New Mexico state university to impose increases to fees up to the rate of inflation measured in the consumer price index for all urban consumers through the end of fiscal year 2031; in the section heading, added "Fertilizer" preceding "registration", and in Subsection A, after "accompanied by a fee of" deleted "five dollars ($5.00)" and added "fifty dollars ($50.00)", and after "per brand or grade" deleted "except that those brands or grades sold in packages of five pounds or less shall be registered at a fee of fifteen dollars ($15.00) each" and added "The board may index the amount of the fee for inflation until July 1, 2031 using the consumer price index, all urban consumers: all items published by the United States department of labor.".

The 2013 amendment, effective June 14, 2013, expanded the scope of the registration requirement to apply to all fertilizers; and in Subsections A, B and C, deleted "commercial" before "fertilizer.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 57.

Constitutionality, construction, and application of statutes relating to testing or sampling of agricultural fertilizers, 147 A.L.R. 765.

3 C.J.S. Agriculture § 77.