New Mexico § 76-4-9 - Department to administer and enforce act; board to adopt regulations; scope of regulations

§ 76-4-9. Department to administer and enforce act; board to adopt regulations; scope of regulations

The department shall administer and enforce the provisions of the Pesticide Control

Act and regulations promulgated by the board. A. The board may after notice and public hearing adopt regulations for carrying out

the purpose and provisions of the Pesticide Control Act, including regulations providing

for: (1) declaring as a pest any form of plant or animal life or virus, other than man

and other than bacteria, viruses and other microorganisms on or in living man or other

living animals, which is injurious to health or the environment; (2) designating certain pesticides to be highly toxic to any animal including man; (3) determining standards for identifying pesticides by color, taste, odor or form; (4) the collection and examination of devices or samples of pesticides for analysis; (5) requiring pesticide applicators to notify land owners of property adjoining the

property to be treated, or in the immediate vicinity thereof, of a proposed application

of a pesticide, if such a notice is necessary to carry out the purpose of the Pesticide

Control Act; and for a hearing before the director of the department of any objecting

owner of property adjoining the property to be treated before the application of the

pesticide; (6) the safe handling, transportation, storage, display, distribution, use and disposal

of pesticides and their containers; (7) establishing standards with respect to the package, container or wrapping in which

a pesticide is distributed; (8) restricting or prohibiting the use of certain types of containers or packages

for specific pesticides. These restrictions may apply to type of construction, strength and size or any combination

thereof to alleviate danger of spillage, breakage, misuse or any other hazard to the

public; (9) procedures for making pesticide recommendation; (10) adopting a list of restricted use pesticides for the state or for designated

areas within the state; (11) regulating the time and conditions of distribution, sale or use of the restricted

use pesticides; (12) requiring all persons issued licenses to offer technical advice, to sell or to

use restricted use pesticides to maintain records as prescribed by the department; (13) certification of private applicators; (14) label requirements of all pesticides required to be registered under provisions

of the Pesticide Control Act; (15) regulating the labeling of devices; (16) procedures and techniques to be used in sampling land, including agricultural

products that are to be consumed by man or animals for pesticide residues; (17) classifying pesticides for general use, restricted use or both; (18) prescribing methods to be used in the application of pesticides where the department

finds that such regulations are necessary to carry out the purpose and intent of the

Pesticide Control Act. Such regulations may relate to the time, manner, methods, materials and amounts

and concentrations in connection with the application of the pesticides and may restrict

or prohibit use of pesticides in designated areas during specified periods of time

and shall encompass all reasonable factors which the department deems necessary to

prevent damage or injury by drift or misapplication to plants, including forage plants,

or adjacent or nearby lands; wildlife in the adjoining or nearby areas; fish and

other aquatic life in waters in reasonable proximity to the area to be treated; and

humans, animals or beneficial insects. In issuing such regulations, the board shall give consideration to pertinent research

findings and recommendations of other agencies of the state, the federal government

or other reliable sources; (19) requiring any pesticide use dilution to be colored or discolored if it determines

that such requirement is feasible and is necessary for the protection of health and

the environment; (20) establishing good pesticide use and handling practices for commercial pesticide

applicators; (21) establishing requirements for supervision of servicemen of structural pest control

applicators; and (22) regulating false or misleading advertisement in the sales or use of pesticides

and devices. B. The board shall adopt regulations that are consistent with regulations of the New

Mexico environmental improvement board, the New Mexico water quality control commission

and the laws administered by the regulations of the United States environmental protection

agency. C. The department is authorized to specify the quantities and concentrations of restricted

use pesticides that may be applied.