A. Any lot of fertilizer or soil conditioner not in compliance with the provisions of the New Mexico Fertilizer Act is subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the fertilizer or soil conditioner is located.
B. In the event the court finds the fertilizer or soil conditioner to be in violation of the New Mexico Fertilizer Act and orders the condemnation of the fertilizer or soil conditioner, it shall be disposed of in any manner consistent with the quality of the fertilizer or soil conditioner and the laws of the state.
C. In no instance shall the disposition of the fertilizer or soil conditioner be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer or soil conditioner or for permission to process or relabel the fertilizer or soil conditioner to bring it into compliance with the New Mexico Fertilizer Act.
History: 1953 Comp., § 45-13-27, enacted by Laws 1963, ch. 184, § 17; 1975, ch. 181, § 17; 2013, ch. 112, § 16.
The 2013 amendment, effective June 14, 2013, made all fertilizers subject to seizure and condemnation; in Subsections A, B, and C, deleted "commercial" before "fertilizer".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 70, 71.
3 C.J.S. Agriculture § 80.
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