TITLE 21 AGRICULTURE AND RANCHING

CHAPTER 17 PEST, DISEASE, AND WEED CONTROL

PART 49 LUNA COUNTY PEST MANAGEMENT ASSOCIATION

21.17.49.1 ISSUING AGENCY: Luna County Pest Management Association.

[21.17.49.1 NMAC - Rp, 21 NMAC 17.49.1, 4/29/2005]

21.17.49.2 SCOPE: This rule establishes the control committee assessment to be paid by cotton producers in the Luna county control district governed by the Luna county pest management association.

[21.17.49.2 NMAC - Rp, 21 NMAC 17.49.2, 4/29/2005]

21.17.49.3 STATUTORY AUTHORITY: Granted to the Luna county, New Mexico cotton boll weevil control district control committee under the Cotton Boll Weevil Control Act, Chapter 76, Article 6A, Sections 1 through 16, NMSA 1978 Compilation.

[21.17.49.3 NMAC - Rp, 21 NMAC 17.49.3, 4/29/2005]

21.17.49.4 DURATION: April 29, 2005, through February 5, 2010, unless the committee is sooner terminated under the Cotton Boll Weevil Control Act.

[21.17.49.4 NMAC - Rp, 21 NMAC 17.49.4, 4/29/2005]

21.17.49.5 EFFECTIVE DATE: April 29, 2005, unless a later date is cited at the end of a section.

[21.17.49.5 NMAC - Rp, 21 NMAC 17.49.5, 4/29/2005]

21.17.49.6 OBJECTIVE: The objective of Part 49, Chapter 17 is to establish the control district’s assessment upon cotton producers for the support of the cotton boll weevil control district.

[21.17.49.6 NMAC - Rp, 21 NMAC 17.49.6, 4/29/2005]

21.17.49.7 DEFINITIONS:

A. "Committee" means Luna county pest management association.

B. "Control district" means Luna county excluding the Las Uvas valley.

C. "Producer" means any person producing five or more acres of cotton plants.

[21.17.49.7 NMAC - Rp, 21 NMAC 17.49.7, 4/29/2005]

21.17.49.8 ASSESSMENT:

A. The committee assessment rate is set forth at 2 dollars and fifty cents ($2.50) per bale of cotton for all cotton producers in the control district. The assessment will be collected at the cotton gin.

B. Payment of the assessment levied by a local control committee against a cotton producer will be due and payable when the cotton producer receives an assessment statement from the control committee.

C. Failure to comply with payment of assessment to the committee may result in the recording of a lien on the cotton crop and/or property in the county clerk’s office where the property is located. The lien will remain in effect until foreclosure or balance subject to the lien is paid in full. Interest may be assessed at a rate of 8 1/2 percent per annum on balance unpaid after 30 days.

[21.17.49.8 NMAC - Rp, 21 NMAC 17.49.8, 4/29/2005]

HISTORY OF 21.17.49 NMAC:

Pre-NMAC History: [RESERVED]

History of Repealed Material:

21 NMAC 17.49, Luna County Pest Management Association Assessment, filed 7/30/98 - duration expired 2/5/2003.