Section 76-19-6 - Inspection fees.
76-19-6. Inspection fees.
A. There shall be paid to the board for all commercial feeds distributed in New Mexico an inspection fee not to exceed fifteen cents ($.15) per ton or, for each brand of commercial feed distributed in individual packages of ten pounds or less a distributor shall pay an annual inspection fee not to exceed twenty-five dollars ($25.00) and shall not pay the tonnage fee on such packages of the brand so registered. The board shall have authority to adjust the fee. Fees collected shall not exceed the costs of inspection, sampling and analysis and other expenses necessary for the administration of the Commercial Feed Law [76-19-1 to 76-19-14 NMSA 1978]. The board shall, before changing the fees, first give notice of intent by publication once in a newspaper of general circulation in this state, setting forth the proposed change and the date on which the board will hold a hearing. Notification of any proposed fee change and date of hearing shall be mailed directly to all commercial feed dealers with products registered with the board. Persons affected by any proposed fee change shall have the right to present to the board their objections prior to its adoption. Fees collected shall constitute a fund for the payment of the costs of inspection, sampling and analysis and other expenses necessary for the administration of the Commercial Feed Law.
B. Every person, except as hereinafter provided, who distributes commercial feed in New Mexico shall:
(1) file, not later than the last day of January, April, July and October of each year, a quarterly statement setting forth the number of net tons of commercial feeds distributed in New Mexico during the preceding calendar quarter, and upon filing such statement shall pay the inspection fee at the rate stated in Subsection A of this section. When more than one person is involved in the distribution of commercial feed, the person who distributes to the consumer is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been made by a prior distributor of the feed; and
(2) keep such records as may be necessary or required by the board to indicate accurately the tonnage of commercial feed distributed in New Mexico, and the board shall have the right to examine such records to verify statements of tonnage. If any quarterly report is not filed or if the inspection fee is not paid within the thirty-day period after the end of a quarter, a penalty of twenty percent, or a sum of ten dollars ($10.00), whichever is greater, will be due in addition to the inspection fees, and the inspection fees and the penalty shall constitute a debt for which suit may be brought by the board.
C. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor.