1. A. Except as provided in Subsection B of this section, in addition to the commercial feed registration fee required pursuant to Section 76-19A-10 NMSA 1978, the department shall collect an annual fee on each pet food registered with the department as follows:

   1. (1) beginning January 1, 2021, fifty dollars ($50.00);
   2. (2) beginning January 1, 2022, seventy-five dollars ($75.00); and
   3. (3) on and after January 1, 2023, one hundred dollars ($100).

2. B. The provisions of Subsection A of this section do not apply in cases of:

   1. (1) prescription diet pet food prescribed by a veterinarian; or
   2. (2) pet food manufactured by a person who demonstrates to the board, in a manner prescribed by the board, that the person's tax-year annual gross revenue from the distribution of pet food is no more than three million dollars ($3,000,000).

3. C. The fee collected pursuant to Subsection A of this section shall be distributed as follows:

   1. (1) ninety-six percent of the fee shall be deposited with the state treasurer and credited to the statewide spay and neuter subaccount of the animal care and facility fund; and
   2. (2) four percent of the fee shall be distributed to the department to administer the New Mexico Commercial Feed Act.

History: Laws 2020, ch. 69, § 5.

ANNOTATIONS

Repeals. — Laws 2026, ch. 32, § 1, effective May 20, 2026, repealed Laws 2020, ch. 69, § 6, which would have provided for the repeal of 76-19A-10.1 NMSA 1978, effective July 1, 2026.

Effective dates. — Laws 2020, ch. 69, § 7 made Laws 2020, ch. 69, § 5 effective July 1, 2020.