The Beneficial Substances Act establishes a regulatory framework for beneficial substances used in agriculture, such as plant biostimulants and soil amendments, requiring registration with the New Mexico Department of Agriculture before distribution, with a maximum fee of $50 per product. The Act includes specific labeling requirements to ensure transparency, preempts local regulations on these substances, and introduces provisions for inspections, sampling, and analysis to ensure compliance. It also establishes penalties for violations, including the distribution of misbranded or adulterated products, and allows the department to issue stop sale orders for non-compliant items, aiming to protect consumers and the environment.
The bill amends several sections of the New Mexico Fertilizer Act, removing references to "soil conditioners" and introducing new definitions such as "distributor," "registrant," and "labeling." It establishes administrative penalties for violations, which can reach up to $5,000, and mandates the creation of rules for enforcement, including distribution and inspection processes. The department is also required to publish an annual report on the manufacture and distribution of beneficial substances, ensuring that individual operations remain confidential. Overall, these changes enhance regulatory oversight and accountability in the fertilizer industry while facilitating compliance and protecting consumer interests.
Statutes affected: introduced version: 76-11-3, 76-11-5, 76-11-6, 76-11-7, 76-11-10, 76-11-11, 76-11-12, 76-11-13, 76-11-14, 76-11-15, 76-11-16, 76-11-17, 76-11-18, 76-11-19