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

Universal Citation: 21 NM Admin Code 21.34.4.9

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.

(1) Determine the difference between the blend price and the class III price of milk at the time of the violation.

(2) Determine if this is the first, second, or third time the dairy producer has offered for sale milk containing a violative drug residue in the past twelve months.

(3) Assess a penalty of the volume of two days production for the first violation, or four days production for a second violation, as stated in Appendix N, regulatory responsibilities, part B, enforcement, of the pasteurized milk ordinance. The penalty shall be calculated according to the formula: volume in hundredweight (cwt) times penalty days times difference in price between dairy producer blend price and class III price for milk in the month the residue occurred, less any penalty already assessed by a marketing cooperative for this particular violation.

(4) The responsible dairy producer and a licensed veterinarian shall complete and sign a quality assurance certificate, for display in the milkhouse, which state that the "milk and dairy beef residue prevention protocol", is in place and being implemented for the dairy herd(s) from which the adulterated milk containing the violative drugs residue was shipped. This must be completed within 30 days of the drug residue violation. If this program is not completed within 30 days of the drug residue violation, the dairy producers grade A permit shall be suspended by the department.

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.

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