NMDA’s Feed, Seed, & Fertilizer?Section strives to provide consumers and communities with the highest level of service possible. This is done by promoting an honest, equitable marketplace. They are responsible for regulating the labeling and distribution of commercial fertilizers and soil conditioners within the state. Inspectors check product labels and advertisements for false or misleading statements. They also collect samples of fertilizer and soil conditioners. This is to ensure that manufacturers meet their guarantees and that the products are safe.
Fertilizer & Soil Conditioner Forms
The department shall determine and publish annually the values per pound of components. This includes nitrogen, available phosphoric acid and soluble potash in commercial fertilizers in this state. This is for determining the commercial value to apply under Section 76-11-8 NMSA 1978.
If guarantees are provided, the values shall be per pound of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.
Fertilizers that are found to be in violation of the New Mexico Fertilizer Act are subject to warning notices. They are also subject to fertilizer stop sales, and penalty assessments.
Section 76-11-8 of the New Mexico Fertilizer Act states that if products fail guaranteed analysis checks then penalties incur. Any commercial fertilizer falling short of the guaranteed analysis in any one ingredient, will be penalized. All penalties shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed. This must be within three months of notice from the department to the registrant, receipts taken therefor and found. These must then be promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the common school fund.