N.M. Stat. § 76-4-5
Prohibited acts.
A. It is unlawful for any person to distribute within the state, to deliver for
transportation or transport in intrastate commerce, or between points within this state
through any point outside this state, or use any of the following:
(1)
any pesticide which has not been registered in accordance with the
Pesticide Control Act or regulations adopted pursuant to that act;
(2)
any pesticide if any of the claims made for it or any of the directions for its
use or other labeling differs from the representations made in connection with its
registration, or if the composition as represented in connection with its registration,
differs. However, at the discretion of the department, a change in the labeling of a
pesticide except changes in the ingredient statement may be made within a registration
period without requiring reregistration of the product if the change will not have
unreasonable adverse effects on the environment;
(3)
any pesticide, unless it is in the unbroken immediate container of the
registrant or manufacturer and there is affixed to the container, and to the outside
container or wrapper of the retail package, if there is one through which the required
information on the immediate container cannot be clearly read, a label bearing
information required in the Pesticide Control Act and the regulations adopted pursuant
to that act;
(4)
any pesticide which has not been colored or discolored as required by the
Pesticide Control Act;
(5)
any pesticide which does not meet the professed standard of quantity or
quality, as expressed on the labeling under which it is sold, or in which any substance
has been substituted wholly or in part for the pesticide, or if any valuable constituent has
been wholly or in part abstracted or if any contaminated is misbranded or is present in
an amount determined by the department to be a hazard;
(6)
any device which is misbranded; or
(7)
any pesticide in containers violating regulations adopted pursuant to the
Pesticide Control Act, or pesticides found in damaged containers which constituted a
hazard to the environment.
B. It is unlawful:
(1)
to distribute a restricted use pesticide to any person who is required by
law or regulations promulgated pursuant to the Pesticide Control Act to have a permit to
use or purchase restricted use pesticides, unless the person or his agent, to whom sale
or delivery is made, has a valid permit to use or purchase the kind and quantity of the
restricted use pesticide. However, subject to conditions established by the department,
such permit may be obtained from any person designated by the department
immediately prior to distribution;
(2)
for any person to detach, alter, deface or destroy, wholly or in part, any
label or labeling provided for in the Pesticide Control Act or regulations adopted
pursuant to that act, or to add any substance to, or take any substance from, a pesticide
in a manner that may defeat the purpose of the Pesticide Control Act or the regulations
adopted thereunder;
(3)
for any person to use or cause to be used any restricted use pesticide
contrary to directions on the label or to regulations of the board if those regulation differ
from or further restrict the labeling;
(4)
for any person to use for his own advantage or to reveal, other than to the
department, or to the courts of the state in response to a subpoena, or to physicians, or
in emergencies to pharmacists and other qualified persons for use in the preparation of
a practical treatment including first aid, in case of poisoning, any information relative to
formulas of products acquired by authority of the Pesticide Control Act;
(5)
for any person to handle, transport, store, display, distribute or use
pesticides in such a manner as to endanger man and his environment or to endanger
food, feed or any other products that may be transported, stored, displayed or
distributed with such pesticides; or
(6)
for any person to dispose of, discard or store any pesticides or pesticide
containers in a manner that may cause injury to humans, vegetation, crops, livestock,
wildlife, pollinating insects or to pollute any water supply or waterway.