New
Mexico Register / Volume XXXIII, Issue 14 / July 26, 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 include: changing the duration of the
rule to permanent; moving the definition for non-compliant to the definitions
section; changing treatment certificate documentation requirements to include
treatment dates, destination contact information, and other information as
deemed relevant by the department; adding 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 updating formatting
to comply with state requirements. Amending the Disposition of Violations section
to clarify authorities related to the expulsion of non-compliant regulated
articles for the purpose of addressing specific instances of non-compliance,
and adding 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. Adding
Otero County to quarantined counties due to the detection of additional pecan
weevil infested areas in the county in an effort to
slow the spread of pecan weevil to uninfested pecan
growing areas of the state.
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.
Friday, August 26, 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 Friday, August 26, 2022, 3:00 pm hearing:
Meeting
URL: https://nmsu.zoom.us/j/95032243174
Meeting
ID: 950 3224 3174
Passcode:
538839
or
Join
via Phone for Friday, August 26, 2022, 3:00 pm hearing:
+1 669 900 6833 or +1 253 215 8782
Meeting
ID: 950 3224 3174
Passcode:
538839
Monday,
August 29, 2022, at 4:00 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.
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 August 30, 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.