In addition to all other powers and authority that the board of regents of New Mexico state university may have in other areas, the board of regents of New Mexico state university, relative to the New Mexico department of agriculture, has power and authority to:

A. administer and enforce all laws of this state over which the board of regents or its agents have been granted jurisdiction and authority;

B. adopt rules of procedure for the adoption of regulations;

C. 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;

D. administer or enforce, through the New Mexico department of agriculture, all regulations adopted by the board of regents;

E. cooperate and enter into contracts or agreements with local, state and federal government agencies or with any other person to assist the carrying out of the duties of the New Mexico department of agriculture;

F. employ and fix the salaries of employees of the New Mexico department of agriculture;

G. institute legal proceedings in any court of this state, of any other state or of the United States;

H. certify to the appropriate district attorney or to the attorney general of New Mexico any violation of the provisions of law or any rules and regulations administered and enforced by it, when necessary to carry out its duties;

I. accept and administer on behalf of the New Mexico department of agriculture such grants, subsidies, donations, allotments or bequests as may be offered to the state by the federal government or any department thereof or by any public or private foundation or individuals;

J. accept and administer funds or other assets for the New Mexico department of agriculture;

K. make and perform or direct the performance of such inspections and analyses as are necessary to carry out its duties;

L. issue or direct the issuance of such licenses, permits and other documents as are necessary to carry out its duties;

M. authorize the New Mexico department of agriculture to establish and publish a schedule of fees and collect those fees to recover the cost of services performed at the request of a person or firm. Fees imposed shall be just and equitable and shall not exceed the department's cost for performing the service;

N. authorize the New Mexico department of agriculture to enter onto public or private property after notice of inspection to collect physical or documentary samples and to review records and documents to verify compliance with the federal FDA Food Safety Modernization Act; and

O. do all other things necessary as permitted by statute to carry out its duties.

History: 1953 Comp., § 45-26-2, enacted by Laws 1974, ch. 35, § 2; 1991, ch. 182, § 1; 2017, ch. 105, § 1.

Cross references. — For administration of Fertilizer Act by board of regents through agriculture department, see 76-11-2 NMSA 1978.

For administration and enforcement of agricultural and horticultural laws by board, see 21-8-8 NMSA 1978.

The 2017 amendment, effective June 16, 2017, authorized inspections by the New Mexico department of agriculture for compliance with food safety laws; and added a new Subsection N and redesignated the succeeding subsection accordingly.

The 1991 amendment, effective June 14, 1991, made minor stylistic changes in the introductory paragraph and Subsection A, added Subsection M, made a related stylistic change, and redesignated former Subsection M as Subsection N.

Authority over wild horses. — This chapter does not grant the department or the county farm and livestock bureaus authority to regulate the treatment of wild horses. 1994 Op. Att'y Gen. No. 94-06.

Law reviews. — For article, "Farmland Preservation Policy and Programs," see 24 Nat. Resources J. 592 (1984).