Notice of Rulemaking Hearings

NOTICE OF RULEMAKING HEARINGS

The New Mexico Department of Agriculture (NMDA) has scheduled rule hearings for Monday, June 18, 2018, at 11:00 A.M. at the Artesia Public Schools Administrative Office, at 301 Bulldog Boulevard, Artesia, NM, and Tuesday, June 19, 2018, at 9:00 A.M. at the New Mexico Department of Agriculture, at 3190 S. Espina, Las Cruces, NM, on the corner of Espina and Gregg.  The purpose of the proposed public hearings is to receive public input on the newly developed rule to accompany SB 217 Pecan Buyers Licensure Act.

New Rule

21.19.2 NMAC – Pecan Buyers Licensure

During the 2018 legislative session SB 217 the Pecan Buyers Licensure Act was passed and chaptered into law.  SB 217 creates a pecan buyers licensure program, establishes licensing fees, licensing requirements, and a licensing period for persons buying in-shell pecans.  The rule establishes licensing fees for permanent and mobile buying locations, sets a license period, and establishes record keeping requirements.

Statutory Authority: Chapter 47, SB 217 2018 Legislature.

The New Mexico Department of Agriculture (NMDA) has scheduled rule hearings for Tuesday, June 19, 2018, at 9:00 A.M. at the New Mexico Department of Agriculture, at 3190 S. Espina, Las Cruces, NM, on the corner of Espina and Gregg.

NMDA will consider the following items of rulemaking at the hearing:

Repeals

19.15.110 NMAC – Biodiesel fuel specification, dispensers, and dispenser labeling requirements

19.15.111 NMAC – E85 Fuel specification, dispensers, and dispenser labeling requirements

19.15.112 NMAC – Retail natural gas (CNG/LNG) regulations

The proposed repeal of 19.15.110 NMAC is to acknowledge that the rule was established prior to national standards. Since this time the Federal Trade Commission has established labeling requirements and American Society for Testing and Materials (ASTM) specifications are in place for this product. By law, NMDA adopts the latest ASTM standards.

Statutory Authority: This repeal is authorized by the Petroleum Products Standards Act, NMSA 1978, Chapter 57, Article 19, Sections 25 through 37, specifically 57-19-29A Quality standards which allows for adoption of the latest standards adopted and published by ASTM.

The proposed repeal of 19.15.111 NMAC is to acknowledge that the rule was established prior to national standards. Since this time the product name has changed from E85 to Ethanol Flex Fuel and the Federal Trade Commission has established labeling requirements and American Society for Testing and Materials (ASTM) specifications are in place for this product.  By law, NMDA adopts the latest ASTM standards.

Statutory Authority: This repeal is authorized by the Petroleum Products Standards Act, NMSA 1978, Chapter 57, Article 19, Sections 25 through 37, specifically 57-19-29A Quality standards which allows for adoption of the latest standards adopted and published by ASTM.

The proposed repeal of 19.15.112 NMAC is to acknowledge that the rule was established prior to national standards or model laws. In 2016 these standards and model laws were adopted by the National Conference on Weights and Measures and added to the National Institute of Standards and Technology (NIST) handbook 44. By law, NMDA adopts the latest NIST standards.

Statutory Authority: This amendment is authorized by the Weights and Measures Law, NMSA 1978, Chapter 57, Article 17, Sections 1 through 19, specifically 57-17-4 Enforcement and administration which allows for reasonable regulations to carry out the provisions of Articles 17 and 18 of this Chapter 57 NMSA 1978 including standards and label requirements.

Repeal and Replace

21.1.1 NMAC – NMDA Rule Making Procedures

During the 2017 legislative session HB 58 Rule Making Requirements was passed and chaptered into law. HB 58 amends sections of the State Rules Act placing into effect new agency requirements for rule makings.  The statute allows agencies the opportunity to utilize a default procedural rule developed by the Attorney General’s Office, or continue using their own procedural rule as long as it is consistent with the updates made to the State Rules Act (SRA). The proposed repeal and replace of 21.1.1 NMAC is to update the rule to meet SRA requirements.

Statutory Authority: These amendments are authorized by Section 76-1- 2 C NMSA 1978, which authorizes the board of regents of New Mexico state university, relative to the New Mexico department of agriculture to adopt, and file in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], regulations as may be necessary to carry out its duties.

Amend

19.15.108 NMAC – Bonding and Registration of Service Technicians and Service Establishments for Commercial Weighing or Measuring Devices

The proposed amendment of 19.15.108 NMAC is to align it with 21.16.5 NMAC, which is the bonding and registration of service technicians and service establishments for commercial weighing and measuring devices associated to the Weights and Measures Law.

Statutory Authority: This amendment is authorized by the Weights and Measures Law, NMSA 1978, Chapter 57, Article 17, Sections 1 through 19, specifically 57-17-4 Enforcement and administration which allows for reasonable regulations to carry out the provisions of Articles 17 and 18 of this Chapter 57 NMSA 1978 including standards and label requirements.

No technical information served as a basis for the proposed rule change.

Interested individuals may provide comments regarding the proposed rulemaking actions at the rule hearing and/or submit written comments via email at comments@nmda.nmsu.edu. Written comments must be received no later than 5:00 p.m. on June 19, 2018. The submission of written comments as soon as possible is encouraged.  Persons offering written comments at the meeting must have 2 copies for the hearing officer.

The full text of the proposed rules is available on the webpage at www.nmda.nmsu.edu and available at the New Mexico Department of Agriculture located at 3190 S. Espina, Las Cruces, NM 88003.

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Department at (575) 646-3702 at least one week prior to the meeting or as soon as possible.

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