Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Brantley
LAST UPDATED
ORIGINAL DATE 2/4/2025
SHORT TITLE Dept. of Ag. Administration & Enforcement
BILL
NUMBER Senate Bill 214
ANALYST Jorgensen
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
NMDA
No fiscal
impact
Indeterminate
but minimal
Indeterminate
but minimal
Indeterminate
but minimal
Recurring
Other state
funds
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to Senate Bill 231
Sources of Information
LFC Files
Agency Analysis Received From
New Mexico Department of Agriculture (NMDA)
SUMMARY
Synopsis of Senate Bill 214
Senate Bill 214 (SB214) makes several changes relating to the New Mexico Department of
Agriculture (NMDA). The bill:
1. Establishes administrative penalty authority at the agency level specific statutes, citing
that authority where relevant; provides New Mexico State University (NMSU) Board of
Regents authority to establish in rule monetary penalty guidelines for the New Mexico
Department of Agriculture (NMDA). Statutes clarify that administrative penalties shall
be deposited in the state treasury to the credit of the current school fund.
2. Updates fee limits directed at fulfilling regulatory obligations under the Pesticide Control
Act, Plant Protection Act, Fertilizer Act, Bee Act, Commercial Feed Act, Egg Grading
Act, Weights and Measures Act, Weighmaster Act, Petroleum Products Standards Act.
3. Provides definitions of additional terms; clarifying language; general language clean- up
where needed; amendments made to comply with recent federal requirements; and
regulations repealed or updated to align with evolving business practices.
4. Proposes to repeal bonding sections of the Weights and Measures Act and Weighmaster
Act. Establishes registration sections in the Weights and Measures Act and Petroleum
Products Standards Act for service establishments and service technicians to service
weights and measures devices used in commerce. Senate Bill 214 – Page 2
5. Proposes the repeal of the 1899 Act 76-5-1 (NMSA) “County Commissioners to Prohibit
Importation of “Codlin [sic] Moth” or Other Worms or Insects Destructive to Fruit.”
The effective date of this bill is October 1, 2025.
FISCAL IMPLICATIONS
SB214 increases the potential fees imposed by NMDA for regulation and oversight related to
nine separate acts enforced by the agency. However, the fee increases set a ceiling rather than a
floor and additional revenue is generally restricted to covering costs of enforcing the individual
acts. Increasing the fees would be done by rule and would have to be approved by the NMSU
Board of Regents. Because there is no mandate to increase fees, the estimated additional
operating budget impact is unknown, but it is likely that SB214 will result in an increase in the
other state funds in the NMDA operating budget.
SIGNIFICANT ISSUES
NMDA is housed at NMSU and received a $17.4 million general fund appropriation for FY25.
The department also receives funding through fees and a distribution from the Land of
Enchantment Legacy Fund. Additional revenue raised through changes resulting from enactment
of SB214 would remain with NMDA and be used to pay for costs of administering the respective
acts affected. To the extent that state general fund appropriations are used to cover costs of
administering the various acts NMDA must enforce, SB214 could free up state funds for other
purposes.
NMDA provided a summary of changes and additional context for the changes made in SB214:
Increases in the cost of inspection and sampling, the complexity of investigations, cost
and complexity of laboratory analysis and general public concern around food and
environmental issues have stretched current resources, challenging the ability of NMDA
to adequately provide consumers, the regulated industries and producers the services and
activities obligated in accordance with the regulations. Fee limits within specific statutes
addressed in the bill have not been updated in decades.
The fee limit proposed in the Pesticide Control Act and expected fee increase related to
the review, registration, and inspection of pesticide products will impact approximately
1,545 out-of-state and 13 New Mexico businesses. The proposed increase in the fee limit
from $150 to $300 per product will result in a limit that will be comparable with states on
the lower end of the national scale ($100-$2,300/product annually). The fee limit has not
been addressed in the past 20 years.
The proposed fee limits under the Commercial Feed Act will help provide the necessary
resources for inspecting and sampling commercial feed products. This change would
impact approximately 1,092 out-of-state businesses and 64 businesses in New Mexico.
The current inspection fee limit at fifteen cents ($0.15) per ton, twenty-five dollars
($25.00) for small packages of ten pounds or less was established in 1973. The fee limit
was reached in 1977.
Senate Bill 214 – Page 3
The proposed fee limits under the Fertilizer Act will provide essential resources for
product registration review, as well as the inspection and sampling of fertilizer products.
This change would affect approximately 620 out-of-state businesses and 38 businesses in
New Mexico. The current registration fee at five dollars ($5.00) and inspection fee limit
at thirty-five cents ($0.35) per ton, and ten dollars ($10.00) for small packages of five
pounds or less was established in 1976. The fee limit was reached in 1977.
The current egg dealer fee limits stated in the Egg Grading Act have not been addressed
since 1973. The proposed fee limit increase will provide for inflation adjustments over
the past 51 years.
The Weights and Measures Act currently requires bonding of the director of NMDA and
the inspector engaged in the servicing of measuring/weighing devices. This responsibility
has been assumed by registered service establishments and their technicians. These
responsibilities, registration and fees of service establishments and service technicians are
absent from the law. In addition, the Petroleum Products Standards Act lacks the
authority for NMDA to authorize service establishments and service technicians to
service petroleum devices used in commerce and obtain registration.
The Weighmaster Act currently requires a bond for weighmasters and their deputies, this
requirement is unnecessary and requires NMDA to obtain unutilized documents.
Weighmaster and deputy weighmaster fees are absent from the law. Establishing
licensing fee limits provides transparency.
SB214 proposes repealing the fee requirement for commercial beekeepers to register
apiary locations and repeal the 1.5-mile distance requirement between a registered apiary
and another beekeeper's hive (not located on that beekeeper's property). The amendments
are primarily a result of commercial beekeepers’ input regarding the distance
requirement, thus hindering the ability of new and established beekeepers to utilize
forage areas. Additionally, the intent of the 1975 distance requirement was to prevent the
spread of newly introduced bee diseases from one apiary to another. Practice and research
have largely demonstrated the 1.5-mile distance requirement is insufficient in mitigating
the spread of bee diseases and pests. Texas, Arizona, and Colorado, along with other
states, have repealed registration requirements over the years. Currently nine registered
beekeepers are registered with the state.
Proposed fee limit increases for the Plant Protection Act were last amended in 1979. The
proposed fee limit increase will provide for inflation adjustments over the past 51 years.
Administrative fine authority for NMDA is proposed to address outdated and primarily
ineffective penalty sections of specific statutes, including the use of the court system to
assess fines. Additionally, proposed amendments clarify NMDA’s authority to file
injunctions to prevent continuous violations.
Quarantine authorities addressed in the 1899 Act 76-5-1 (NMSA) “County
Commissioners to Prohibit importation of “Codlin [sic] Moth” have been supplanted by
similar authorities addressed in 76-6-1 (NMSA) “Pest Control Act”. The repeal of 76-5-1
will have no impact on NMDA’s ability to address new plant pests of significant
importance. Senate Bill 214 – Page 4
ADMINISTRATIVE IMPLICATIONS
NMDA would have to pursue a rule making procedure to change any of the fees currently
established by rule. The NMSU Board of Regents must approve any rule change altering fees.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
SB214 is related to Senate Bill 231 which also removes all references to “soil conditioners” from
the Fertilizer Act.
OTHER SUBSTANT IVE ISSUES
Below is a detailed summary of the changes made in SB214:
1. Creation of the Department of Agriculture
a. Provides board of regents of NMSU authority to design a system of
administrative penalties for NMDA to use to determine penalties for violations
of state laws which the department enforces.
b. Provides authority to revoke or suspend licensure for failure to pay an
administrative penalty or take action to correct a violation.
c. Provides that willful and repeated refusal to correct a violation or pay penalties
is a fourth degree felony and may be punished by a term of up to 18 months or
up to $15,000 fine, or both.
d. Directs that all administrative penalties shall be deposited in the state treasury to
the credit of the current school fund.
2. Pesticide Control Act:
a. Clarifies that pesticide applicators must pass a certification exam tied to federal
competency standards.
b. Increases application and renewal fee-limit of pesticide products from $150 to
$300.
c. Gives NMDA power to revoke license for violations.
d. Creates administrative penalty up to $5,000 for each violation of act or rules and
other penalties as proposed in 76-1-6.
e. Specifies fee and other non-administrative penalty revenue remain with NMDA.
3. Plant Protection Act:
a. Adds definitions for cactus plant, farmer’s market, florist, producer, and
vegetable plant.
b. Gives NMDA power to inspect all nursery stock imported to or transported
through the state.
c. Clarifies only pest-free nursery stock shall be offered for sale or sold.
d. Creates administrative penalty up to $5,000 for each violation of act or rules and
other penalties as proposed in 76-1-6.
e. Creates a new fee limit schedule for the Plant Protection Act.
Senate Bill 214 – Page 5
Fee by License Type Existing
SB214
Nursery Dealer
$75 plus $2.00/acre of nursery
area inspected
$325 plus $10.00/acre of
nursery production area
Vegetable Plant Producer $25.00 $100.00
Nursery Dealer/Landscaper $75.00 (includes florists) $325.00
Florists (NEW in SB214) $0 $200.00
Special Dealer (vegetable/cactus)
$25.00
Collected Plant $75.00 $325.00
Vegetable Plant Dealer $100.00
Cactus Dealer $100.00
Farmer’s Market $325.00
4. Bee Act:
a. Makes clarifying changes to definitions.
b. Provides new authority for NMDA to inspect colonies or hives that might be or
are infected or infested with a contagious disease.
c. Includes new requirement for display of hive ownership for hives not located on
property owned by the beekeeper.
d. Clarifies authority of NMSU Board of Regents to establish fees for services
requested by the public under 76-1-2.
e. Removes potential criminal sanction for violation of the Bee Act and replaces
with an administrative penalty up to $5,000 per violation and other penalties as
proposed in 76-1-6 creation of New Mexico department of agriculture.
f. Removes requirement of commercial beekeepers to register apiary locations and
submit fees to the department for that purpose
g. Removes requirement of a hive not located on property owned by the beekeeper
to maintain a 1.5-mile radius from a commercial beekeeper’s apiary that has
been registered with the department.
5. Fertilizer Act:
a. Removes references to soil conditioners throughout the legislation.
b. Increases application fee limits for each brand and grade of fertilizer from $5.00
to a maximum of $20.00.
c. Removes a registration fee limit of $15.00 for brands or grades sold in packages
weighing less than five pounds.
d. Increases inspection fee limits from up to $0.35 per ton to up to $0.50 per ton
and imposes minimum inspection fee of $5.00.
e. Replaces an annual inspection fee limit of $15.00 for fertilizer sold in packages
of five pounds or less with a maximum annual inspection fee of $50.00.
f. Changes interval for tonnage reports furnished to the NMDA by sellers of
fertilizer from monthly to quarterly. Senate Bill 214 – Page 6
g. Removes potential criminal sanction for violation of the Fertilizer Act and
replaces with an administrative penalty up to $5,000 per violation and other
penalties as proposed in 76-1-6.
6. Pecan Buyers Licensure Act:
a. Adds definitions for accumulator, broker, cooperative, and dealer.
b. Removes potential criminal sanction for violation of the Pecan Buyers
Licensure Act and replaces with an administrative penalty up to $5,000 per
violation and other penalties as proposed in 76-1-6.
7. Commercial Feed Act:
a. Increases fee limit from up to $0.15 per ton to not more than $0.50 per ton with
a minimum inspection fee limit of $5.00 and increases the annual distributor
inspection fee limit from up to $25.00 to up to $50.00.
b. Removes potential criminal sanction for violation of the Commercial Feed Act
and replaces with an administrative penalty up to $5,000 per violation and other
penalties as proposed in 76-1-6.
8. Egg Grading Act:
a. Increases fee limit from no more than $0.005 per dozen eggs to $0.10 per dozen.
b. Increases license fee limits from $10.00 to $20.00 for small egg dealers, $25.00
to $50.00 for medium egg dealers, and $50.00 to $100.00 for large egg dealers.
c. Removes potential criminal sanction for violation of the Egg Grading Act and
replaces with an administrative penalty up to $5,000 per violation and other
penalties as proposed in 76-1-6 and clarifies current penalty fees up to 10
percent of the inspection fees for delinquent filings with a maximum of 25
percent of the inspection fees for payments made within 10 days of notice of
delinquency.
9. Weights and Measures Act:
a. Makes several changes to definitions.
b. Removes the power of the department to arrest a willful violator of the act and
adds the power to file a criminal complaint in magistrate court and clarifies
current power to seize weighing and measuring equipment without warrant for
use as evidence.
c. Creates a fee limit of $300 for service establishments for commercial weighing
and measuring equipment, and $100 for registration and renewal of service
technician.
d. Provides for an administrative penalty of up to $5,000 per violation of the Act
and other penalties as proposed in 76-1-6 as well as potential misdemeanor
charges for willfully, knowingly, and repeatedly violates specified provisions of
the Act.
e.
Exempts homemade food items from the requirements of the Act.
10. Weighmaster Act:
a. Makes several changes to definitions.
b. Establishes a license fee limit of $300 for each weighmaster and a fee limit of
$100 for each deputy weighmaster. The department shall charge $100 for late
renewal of licenses. Senate Bill 214 – Page 7
c. Provides for an administrative penalty not to exceed $5,000 for each violation of
the Act and other penalties as proposed in 76-1-6.
11. Petroleum Products Standards Act
a. Adds definitions for service establishment and service technician.
b. Requires promulgation of rules including technician qualification and
registration requirements.
c. Authorizes fee limits of $300 for a service establishment registration, $100 for a
service technician registration, and a $100 late registration fee
d. Removes potential criminal sanction for violation of the Act and provides for an
administrative penalty up to $5,000 for each violation of the act and other
penalties as proposed in 76-1-6.
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