NMDA’s Feed, Seed, & Fertilizer Section strives to provide consumers and the New Mexican agricultural and urban communities with the highest level of service possible by promoting an honest, equitable marketplace. They are responsible for regulating the labeling and distribution of commercial fertilizers and soil conditioners within the state. Inspectors check product labels and advertisements for false or misleading statements and collect samples of fertilizer and soil conditioners to ensure that manufacturers meet their guarantees and that the products are safe.
For the purpose of determining the commercial values to be applied under the provisions of Section 76-11-8 NMSA 1978, the department shall determine and publish annually the values per pound of nitrogen, available phosphoric acid and soluble potash in commercial fertilizers in this state. If guarantees are provided, the values shall be per pound of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.
Fertilizers that are found to be in violation of the New Mexico Fertilizer Act  are subject to warning notices, fertilizer stop sales, and penalty assessments.
Section 76-11-8 of the New Mexico Fertilizer Act states that if the analysis shows that any commercial fertilizer falls short of the guaranteed analysis in any one ingredient, a penalty shall be assessed. All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within three months after the date of notice from the department to the registrant, receipts taken therefor and found, and promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the common school fund.