New Mexico Register / Volume XXXIII,
Issue 7 / April 5, 2022
NOTICE OF PROPOSED
RULEMAKING
NOTICE IS HEREBY GIVEN that the
New Mexico Department of Agriculture (NMDA), proposes to repeal and replace 21.17.28 NMAC, PECAN WEEVIL EXTERIOR QUARANTINE and amend
21.17.36 NMAC, PECAN WEEVIL INTERIOR QUARANTINE.
PURPOSE AND SUMMARY OF THE PROPOSED RULES:
The
proposed repeal and replace of 21.17.28 NMAC, PECAN WEEVIL EXTERIOR QUARANTINE creates
a definition section; updates the list of Texas pecan weevil quarantined
counties to correspond with those identified in Texas law; clarifies disposition
of non-compliant regulated articles; adds an additional cold storage treatment
that provides for treatment of regulated articles at 12.2 F for a period of
fourteen days as also provided in California Code of Regulations (CCR) 3273 “Walnut
and Pecan Pests”; adds a Liability Disclaimer that relinquishes the board and
the department from liability for costs incurred related to inspection,
expulsion or disposition of non-compliant regulated articles, or compliance
with other provisions of the exterior quarantine rule; and creates additional
sections which state that all regulated articles are further subject to the
provisions of any other laws, regulations, or regulatory order of the state of
New Mexico or the United States Department of Agriculture.
The
proposed amendments to 21.17.36 NMAC,
PECAN WEEVIL INTERIOR QUARANTINE includes: changing the duration of the
rule to permanent; moves the definition for non-compliant to the definitions
section; changes treatment certificate documentation requirements to include
treatment dates, destination contact information, and other information as
deemed relevant by the department; adds an additional cold storage treatment for regulated articles
at 12.2 F for a period of fourteen days to align with cold treatments allowed under
California Code of Regulations (CCR) 3273 “Walnut and Pecan Pests”; and updates
formatting to comply with state requirements. Amendments to the Disposition of
Violations section clarifies authorities related to the expulsion of
non-compliant regulated articles for the purpose of addressing specific
instances of non-compliance, and adds terms for reimbursement for costs
incurred by the department for disposition of non-compliant regulated articles
to ensure the state is not held responsible for those costs including non- or
delinquent payments.
STATUTORY AUTHORITY: Granted to the board of regents of New Mexico state university
under the Pest Control Act, Chapter 76, Article 6, Sections 1 through 9, NMSA
1978 Compilation and the Pecan Act, Chapter 76, Article 16, Sections 1 through
9, NMSA 1978 compilation.
Copies of the Notice of Proposed Rulemaking
and proposed rules (including any technical information) are available by
electronic download from the New Mexico Department of Agriculture website (https://www.nmda.nmsu.edu)
and at agency district and field offices.
Monday, May 23, 2022 at 5:30
pm NMDA will host a public hearing at the Artesia Public Schools Board Room, Admin
Building located at 1106 W. Quay in Artesia, New Mexico.
Tuesday, May
24, 2022 at 3:00 pm NMDA
will host a public video/telephonic and in person hearing at the New Mexico Department of Agriculture, at
3190 S. Espina, Las Cruces, NM, on the corner of Espina and Gregg.
Join via Video for Tuesday, May 24, 2022, 3:00
pm hearing:
Meeting URL: https://nmsu.zoom.us/j/94534518362
Meeting ID: 945
3451 8362
Passcode: 538839
or
Join via Phone for Tuesday, May 24, 2022, 3:00
pm hearing:
+1 669 900 6833 or +1 253 215 8782
Meeting ID: 945
3451 8362
Passcode: 538839
The
hearing for proposed amendment of
21.17.36 NMAC, PECAN WEEVIL INTERIOR QUARANTINE will immediately follow the
hearing for the proposed repeal
and replace of 21.17.28 NMAC, PECAN WEEVIL EXTERIOR QUARANTINE.
Oral comments will be accepted at the hearing
from members of the public and any interested parties. Written comments will be
accepted through 5:00 pm on May 24, 2022. Comments may be submitted via email to
comments@nmda.nmsu.edu or may be filed by sending original copies to:
New Mexico Department of Agriculture, Office
of Director
MSC 3189, PO Box 30005, 3190 S. Espina, Las
Cruces, NM 88003-8005
Only
signed statements, proposals or comments will be accepted. Scanned or electronic signatures conforming
to federal and state court requirements will be accepted with the understanding
that if there is any dispute regarding a signature, NMDA reserves the right to
require that original signatures be provided to verify the electronic or
facsimile signature.
SPECIAL NEEDS: If you are an individual with a disability
who needs a reader, amplifier, qualified sign language interpreter, or any
other form of auxiliary aid or service to attend or participate in the hearing
or meeting, please contact NMDA at (575) 646-3702 at least one week prior to
the meeting or as soon as possible.
The Director
will consider all oral comments, and will review all timely submitted written
comments and responses.