~ addressing and hopefully answering questions that have arisen regarding Mountainair Farm & Garden Market licensing for plant sales (as opposed to produce, which does not require licensing) by registered vendors vs individual vendor licensing. Obviously, this is not an issue for already licensed commercial growers but would be for the the community garden and individual home gardeners.
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 17 PEST, DISEASE, AND WEED CONTROL
PART 2 PLANT NURSERY LICENSING AND INSPECTION
Source: New Mexico Commission of Public Records,
B. The annual fee for an inspection certificate for farmers markets or other grower cooperatives shall be seventy-five dollars ($75) per location.
126.96.36.199 LICENSES FOR FARMERS MARKETS AND GROWER COOPERATIVES:
A. Farmers markets and grower cooperatives may obtain an inspection certificate whereby registered members of the farmers market or grower cooperative may sell plants they have grown on land owned or leased by them without obtaining an individual inspection certificate.
B. A person selling under a farmers market or grower cooperative inspection certificate may only sell plants grown by themselves on land owned or leased by them.
C. Persons selling plants which have been purchased from a wholesaler or other person for resale shall be required to obtain a nursery dealers license in order to sell their plants.
D. The farmers market or grower cooperative shall supply the department with a list of registered persons authorized to sell plants grown by them at the farmers market or grower cooperative.
E. Persons selling plants under a farmers market or grower cooperative permit can only sell plants at the registered location for the farmers market or growers cooperative. Sales at any other location shall require an individual inspection certificate or nursery dealers license issued to that individual person or company.
[7/1/97; 188.8.131.52 NMAC - Rn, 21 NMAC 17.2.11, 01/01/09]