Commercial Feeds are all feeds consumed by animals.
This includes pet food and specialty pet food.
Commercial feeds, which include pet foods and specialty pet foods, are registered by the individual product label. Registration fees are $2.00 per product in any size quantities. There is a $25.00 annual inspection fee per product if distributed in quantities of 10 pounds or less. For products distributed in quantities greater than 10 pounds, there is a quarterly inspection fee of $0.15 per ton. This is reported and paid quarterly. If products are distributed in both 10 pound (or less) packages and packages greater than 10 pounds, both the $25.00 inspection fees and quarterly inspection fees are required for those products. There is no exemption for sample size containers.
Effective calendar year 2021 an annual spay and neuter program fee shall be collected on each pet food registered with the department. This fee shall be implemented as follows:
- Beginning calendar year 2021, fifty dollars ($50.00) per pet food in distribution
- Beginning calendar year 2022, seventy-five dollars ($75.00) per pet food in distribution
- Beginning calendar year 2023, one hundred dollars ($100.00) per pet food in distribution
The Spay and Neuter Program Fee will be included on the Annual Renewal Application. A manufacturer or distributor may submit a Spay and Neuter Exemption Form if they meet one of the two exemptions from the Spay and Neuter Program fee:
- Pet food manufacturer tax-year annual gross revenue from the distribution of pet food is no more than three million dollars ($3,000,000.00).
- The pet food is a prescription diet prescribed by a veterinarian.
A manufacturer or distributor will only qualify for an exemption if the exemption form is submitted, otherwise they will be subject to the Spay and Neuter Program Fee. The exemption form must be submitted annually or when a new prescription diet pet food is submitted for registration. If the manufacturer or distributor no longer meet the exemption requirements, the manufacturer or distributor must immediately forward the Spay and Neuter Program Fee(s) to the New Mexico Department of Agriculture; Feed, Seed and Fertilizer Section.
The registration packet consists of a completed Commercial Feed Registration application. It also requires complete, legible labels for each product being registered, and fees. When filling out the commercial feed registration application, all products must be listed by their name. All sizes being distributed must be listed next to the product name.
Quarterly tonnage reports are mailed or emailed to registrants before the end of each calendar quarter. The quarterly tonnage report and remittance are due within 30 days after the close of each calendar quarter. A report is required whether or not sales have been made. All quarter reports must be filled out, and the inspection fee must be paid within the 30-day period. This period is the 30 days after the end of the quarter. Failure results in a penalty of twenty percent (20%) or a sum of $10, whichever is greater. This will be due in addition to the inspection fee.