New Mexico Administrative Code
Title 21 - AGRICULTURE AND RANCHING
Chapter 16 - AGRICULTURAL WEIGHTS AND MEASURES
Part 7 - NEW MEXICO CHILE VERIFICATION AND RECORD REQUIREMENTS
Section 21.16.7.10 - VERIFICATION AND RECORD REQUIREMENTS
Universal Citation: 21 NM Admin Code 21.16.7.10
Current through Register Vol. 35, No. 18, September 24, 2024
A. Submission of verification form requirement for processed chile:
(1) Each
chile vendor of products offered for sale containing New Mexico chile or
product that reasonably implies that the chile peppers are, or the product
contains, New Mexico chile, must fill out, sign, and
submit a verification form to the department. Verification forms must be
submitted within three months of institution of these rules for existing
vendors and within one month for new vendors starting a business. The
department will supply a verification form (available at the department and on
the website) which includes:
(a) a guarantee
by the submitter that record keeping requirements are being met for chile
advertised as New Mexico chile;
(b)
a guarantee by the submitter that chile sold as New Mexico chile was grown in
New Mexico;
(c) a guarantee that
the regulations are being followed by those selling chile as New Mexico
chile.
(2) The
department is empowered to audit the required purchasing and sales records of
any vendor coming under the provisions of the New Mexico Chile Advertising Act,
Chapter 25, Article 11, Sections 1 through 4, NMSA 1978. These records shall be
retained for a period of one year. A business receiving request for records
shall permit the inspection immediately or as soon as is practicable under the
circumstances not to exceed three business days. Failure to submit the records
on request of the department or its authorized agents is a violation of the New
Mexico Chile Advertising Act.
B. Submission of verification form requirement for fresh chile:
(1) Verification
forms must be submitted with each load and followed through to the point of
sale. The department will supply a verification form (available at the
department and on the website) and includes:
(a) a guarantee by the submitter that record
keeping requirements are being met for chile advertised as New Mexico
chile;
(b) a guarantee by the
submitter that chile sold as New Mexico chile was grown in New
Mexico.
(2) Copy of the
verification form must accompany each load of fresh New Mexico chile wherever
it is sold.
(3) The department is
empowered to audit the required purchasing and sales records of any vendor
coming under the provisions of the New Mexico Chile Advertising Act, Chapter
25, Article 11, Sections 1 through, NMSA,
1978 Compilation. These records shall be retained for a period of one year.
Failure to submit the records on request of the department or its authorized
agents is a violation of the New Mexico Chile Advertising Act.
(4) Sales of twenty thousand pounds or less
of chile peppers per calendar year by the person that grew the chile peppers
are exempt from any record keeping requirement.
C. The department will maintain a public website that lists all chile product vendors that have submitted verification form(s).
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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