A. The board may:

(1) enforce and administer the New Mexico Chile Advertising Act through the New Mexico department of agriculture; and

(2) promulgate rules, in consultation with the New Mexico chile industry, necessary for the administration of the New Mexico Chile Advertising Act.

B. Sales of twenty thousand pounds or less of chile peppers per calendar year by the person that grew the chile peppers are exempt from any recordkeeping requirement that the board may establish by rule. For the purposes of this subsection, "farmers' market" means a physical retail market open to the public at which farmers sell produce.

C. The New Mexico department of agriculture through its authorized inspectors or agents is authorized to:

(1) audit the purchase and sales records of a person dealing with the sale of chile peppers or products containing chile peppers that are advertised, described, labeled or offered for sale as New Mexico chile;

(2) enter, on a business day during the usual hours of business, a store, market or other business or place for the limited purpose of inspecting the establishment's records related to chile peppers or products containing chile peppers being advertised, described, labeled or offered for sale as New Mexico chile or as containing New Mexico chile; and

(3) issue stop-sale, use or removal orders with respect to any violation of the New Mexico Chile Advertising Act.

History: Laws 2011, ch. 57, § 4; 2013, ch. 85, § 3; 2013, ch. 211, § 3.

2013 Multiple Amendments. — Laws 2013, ch. 85, § 3 and Laws 2013, ch. 211, § 3 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2013, ch. 211, § 3, which was last signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2013, ch. 85, § 3 and Laws 2013, ch. 211, § 3 are described below. To view the session laws in their entirety, see the 2013 session laws on NMOneSource.com.

The nature of the difference between the amendments is that Laws 2013, ch. 211, § 3 defined "farmers' market" in Subsection B and Laws 2013, ch. 85, § 5 did not.

Laws 2013, ch. 211, § 3, effective July 1, 2013, eliminated the authority of the board to issue cease and desist orders; authorized the department of agriculture to issue stop-sale, use or removal orders; provided exemptions from record keeping requirements; deleted former Paragraph (3) of Subsection A, which authorized the board to issue cease and desist orders; added Subsection B; and added Paragraph (3) of Subsection C.

Laws 2013, ch. 85, § 3, effective July 1, 2013, eliminated the authority of the board to issue cease and desist orders; authorized the department of agriculture to issue stop-sale, use or removal orders; provided exemptions from record keeping requirements; deleted former Paragraph (3) of Subsection A, which authorized the board to issue cease and desist orders; added Subsection B; and added Paragraph (3) of Subsection C.