Section 76-15-6 - Budgeting and collection of fees.
76-15-6. Budgeting and collection of fees.
A. For the purpose of providing funds to defray the necessary expenses incurred by the director in the formulation, issuance, administration and enforcement of any marketing order issued by the director hereunder, together with advertising and sales promotion costs, the director shall prepare a necessary budget covering the costs of the same. Such budget, together with the provisions for the collection of such necessary fees, the time and conditions of such payment, shall in no case exceed five (5%) percent of the gross dollar volume of all sales by growers and shall become a part of any marketing order upon adoption as provided in this act [76-15-1 to 76-15-9 NMSA 1978]. Each and every person engaged in the growing, packing or shipping of any fruit within the state and directly affected by any marketing order issued pursuant to this act for such commodity, shall pay to the director for such time and in such manner as prescribed by the order as adopted, as assessment covering the budgets provided by this act, such percentages of the gross dollar volume of such sales or distribution of any commodity affected by any marketing order, as are necessary to defray the expenses of the enforcement of this act, but in no case to exceed five (5%) percent of the gross dollar volume.
The director shall prescribe the rules and regulations with respect to the assessment and collection of such funds for such purposes.
B. Any moneys collected by the director shall be deposited in the New Mexico fruit marketing act fund in a federal depository and disbursed only by the board of directors of the district concerned, only for the actual costs, expenses and salaries incurred under the provisions of this act. All moneys remaining in such fund may be refunded at the close of any marketing season upon a pro rata basis to all persons, from whom such funds were collected, or may be held over for the next succeeding year's accruing costs of administration.