New Mexico Department of Agriculture (NMDA) is proposing several repeal and replacements, and one amendment, to New Mexico Administrative Codes (NMAC) through the repeal and replace process. In each section, you will find the current NMAC, as well as proposed and unofficial, integrated changes. Each section also has a notice of proposed rulemaking, which contains open meeting information for the public, including an explanation of how to submit comments for review and consideration by the Director/Secretary of Agriculture. Official rules will be published after final approval by New Mexico State University's (NMSU) Board of Regents.
Commercial Feeds — NMAC 21.18.3
The current version of 21.18.3 NMAC was developed under earlier industry standards and no longer fully reflects the structure, terminology, labeling practices, and product categories presently used within the commercial feed and companion animal food industries. Since adoption of the current rule, the pet food marketplace has evolved, with increased availability of specialty nutritional products, veterinary diets, raw and refrigerated pet foods, supplements, food mixers, and products marketed using detailed nutritional and ingredient claims.
Primary proposed amendments to 21.18.3 NMAC, Commercial Feeds, modernize the state's commercial feed regulations and align them more closely with current industry practices, contemporary nutritional science, and updated model regulations developed by the Association of American Feed Control Officials (AAFCO). The proposed amendments update definitions, labeling requirements, nutritional standards, ingredient declarations, and feeding directions for commercial feed, pet food, and specialty pet food products. The amendments also establish updated pet food labeling requirements, including nutrition information disclosures, and add labeling, handling, and warning requirements for certain products. The proposed changes are intended to improve regulatory clarity, consumer transparency, and consistency with current national standards.
Current NMAC 21.18.3
Proposed changes for NMAC 21.18.3
Integrated changes for NMAC 21.18.3
Background and techincal information for NMAC 21.18.3
Notice of Proposed Rulemaking
Adviso de Propuesta de Normativa
Japanese Beetle Exterior Quarantine — NMAC 21.17.27
Extensive amendments necessitated repeal and replacement of existing 21.17.27 NMAC. Principal proposed changes from existing rule include: additional terms added to the definition section to clarify regulatory requirements; scope of Japanese beetle (JB) quarantined areas expanded from 36 states to all U.S. states and specific Canadian provinces; scope of regulated articles expanded to include additional nursery stock items; compliance agreements (issued by NMDA) required for shipment of regulated articles into New Mexico; departments of agriculture in originating states provided options to petition NMDA for areawide or single-nursery compliance agreements; treatment requirements clarified for shipment of regulated articles into New Mexico; exceptions from compliance agreement requirements provided for small (under 10-inch container diameter) non-gramineous nursery stock; and requirement for small (under 10-inch container diameter) non-gramineous nursery stock to be treated and accompanied by a phytosanitary certificate for shipment into New Mexico. Effective date of September 1, 2027.
Current NMAC 21.17.27
Proposed and integrated changes for NMAC 21.17.27
Chart comparison of proposed changes to NMAC 21.17.27
Background and technical information for NMAC 21.17.27
Notice of Proposed Rulemaking
Adviso de Propuesta de Normativa
Pesticides Amendment — NMAC 21.17.50
Amendments are primarily directed at updating pesticide applicator requirements to comply with federal Environmental Protection Agency laws including: pesticide applicator examination requirements; enhanced dealer record requirements; minimum age requirements for pesticide applicator licensees (18 years old); and addition of new pesticide applicator categories. General cleanup of rule language included definition updates and increase in minimum insurance coverage requirements.
Current NMAC 21.17.50
Proposed amendments to NMAC 21.12.50
Integrated amendments to NMAC 21.12.50
Chart comparison of proposed amendments to NMAC 21.12.50
Notice of Proposed Rulemaking
Adviso de Propuesta de Normativa
Control of Wood Destroying Pests — NMAC 21.17.51
Format update requirements necessitated repeal and replacement of existing rule. Principal proposed changes from existing rule include: updates to definitions; clarification of Continuing Education Unit approval process; addition of Environmental Protection Agency mandated recertification requirements, including the number of Continuing Education Units required for all applicator categories.
Current NMAC 21.17.51
Proposed changes to NMAC 21.17.51
Integrated changes to NMAC 21.17.51
Notice of Proposed Rulemaking
Adviso de Propuesta de Normativa
Continuing Education Units for Pesticide Applicators — NMAC 21.17.53
Format updating requirements necessitated rule repeal and replacement. Principal proposed changes from existing rule include: definition updates; clarification of license approval and recertification requirements for pesticide applicators; and inclusion of Environmental Protection Agency mandated requirements addressing new recertification requirements based on category specific training, and additional applicator categories.
Current NMAC 21.17.53
Proposed changes to NMAC 21.17.53
Integrated changes to NMAC 21.17.53
Chart comparison of proposed amendments to NMAC 21.12.53
Notice of Proposed Rulemaking
Adviso de Propuesta de Normativa
Restricted-Use Pesticides — NMAC 21.17.56
Format update requirements necessitated repeal and replacement of existing rule. Principal proposed changes from existing rule include: updates to language and revision of additional pesticide dealer record requirements to comply with Environmental Protection Agency.
Current NMAC 21.17.56
Proposed changes to NMAC 21.17.56
Integrated changes to NMAC 21.17.56
Notice of Proposed Rulemaking
Adviso de Propuesta de Normativa
M-44 Capsules and the Livestock Protection Collar — NMAC 21.17.57
Format update requirements necessitated repeal and replacement of existing rule. Principal proposed changes from existing rule include: clarification of prospective licensee qualifications; and records and usage requirements updated to address product label inconsistencies.
Current NMAC 21.17.57
Proposed changes to NMAC 21.17.57
Integrated changes to NMAC 21.17.57
Notice of Proposed Rulemaking
Adviso de Propuesta de Normativa