New Mexico Administrative Code
Title 21 - AGRICULTURE AND RANCHING
Chapter 34 - DAIRY AND EGG PRODUCERS
Part 4 - ANIMAL DRUG RESIDUE ENFORCEMENT PROCEDURES
Section 21.34.4.9 - PENALTIES
Current through Register Vol. 35, No. 6, March 26, 2024
A. When the dairy producer responsible for a violative drug residue in a sample from a bulk milk pickup tanker is determined, the department shall immediately suspend the grade A permit of the dairy producer for a minimum of two days and assess a penalty to be determined as set forth in Subsection A of 21.34.4.9 NMAC, provided the department shall accept the penalty assessment imposed by any marketing cooperative unless the penalty assessed does not meet the minimum requirements of Appendix N of the PMO, 21.34.3 NMAC. The department may grant a temporary grade A permit following a negative milk sample. The temporary grade A permit shall remain in effect until the equivalent penalty is assessed and the "milk and fairy beef tesidue prevention protocol" has been implemented under the supervision of a licensed veterinarian. After the assessment and payment of the equivalent penalty and the completion of the "milk and dairy beef residue prevention protocol", the grade A permit shall be reinstated, provided the violation was not the third violation in a twelve month period.
B. All moneys collected under 21.34.4 NMAC shall be deposited in an account the expenditures of which shall be determined by a board appointed by the director. All expenditures shall be for education or research having a direct affiliation with the dairy industry. The board shall consist of the director or his designee, three dairy producers and one public member.