The proposed "Beneficial Substances Act" establishes a comprehensive regulatory framework for beneficial substances used in agriculture, such as plant biostimulants and soil amendments. Key provisions include mandatory registration of each beneficial substance prior to distribution, with a registration fee capped at $50, and specific labeling requirements that detail the product's brand, net weight, purpose, and usage instructions. The Act preempts local regulations, ensuring that only state-level rules govern the registration, packaging, labeling, and distribution of these substances. It also outlines inspection, sampling, and analysis protocols to ensure compliance, along with penalties for violations, including administrative fines up to $5,000 for distributing misbranded or adulterated products.

The bill amends several sections of the New Mexico Fertilizer Act, specifically removing references to "soil conditioners" and updating legal language related to enforcement and compliance. It grants the department authority to issue "stop sale, use or removal" orders for non-compliant fertilizers, which can only be lifted once compliance is achieved. The amendments also establish protocols for addressing violations, including notices, hearings, and potential injunctions against ongoing violations, while clarifying that the act does not restrict the sales or exchanges of fertilizers among manufacturers and importers. Overall, the bill aims to enhance regulatory oversight and accountability in the fertilizer industry in New Mexico.

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