New Mexico pesticide law consists of the Pesticide Control Act (Chapter 76, Article 4) and a series of Rules that are authorized by the Act. Amendments to the Act must be made by the state legislature. Rules can be amended by NMDA using the strict process summarized below.
Proposed rule changes are discussed with the affected industry prior to coming into effect. Substantial changes may be discussed with representatives of affected industries – association boards of directors, for example – in the developmental stage. When a solid draft is ready, NMDA will notify affected parties well in advance of implementation. Copies of the draft amendment will be posted on the web site and notice will be mailed to affected persons.
NMDA must hold public hearings to allow persons to make formal comment on the proposed changes. Written comment can also be received until the specified date. Notices of hearings will be published in newspapers, highlighted on the web page, and also mailed to affected persons.
After the hearings, NMDA will evaluate and consider all comments received and determine if changes should be made to the draft. If significant changes are needed, NMDA may hold another public hearing.
The final version will be issued after all comments received during the public comment period have been considered and addressed, and changes made where appropriate. The New Mexico State University Board of Regents will then authorize the rule. Finally it will be posted in the New Mexico Register, and then will take effect on the date specified.
NMDA is proposing to amend the main pesticides rule (21.17.50 NMAC, “Pesticides”) to effect several significant changes. The rule would ultimately be replaced with separate rules that would cover (1) pesticide certification and licensing, (2) pesticide use and enforcement, and (3) pesticide product registration. The first change will be the Certification and Licensing rule, featured here.
Remember that this is a draft. Neither this draft nor any of the related documents is a final action. The language in this document is subject to change.
Click here to read the proposed rule.
Click here to read an introduction to the proposed rule, featuring the major changes between it and our current rule, comparisons to other states, and more.
Click here to read some examples of what CEUs you would need to earn if the rule change goes into effect.
Click here to read about how the proposed rule would affect private applicators.
If you’d like to comment on the draft, please email email@example.com. Watch the web site for dates of public hearings and other news.
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