N.M. Code R. § 21.17.2.10 - EXEMPTIONS
A. A non-profit
educational, charitable or service organization may be exempt from payment of
fees for a plant protection license or permit provided the applicant provides
to the department in writing that:
(1) nursery
and/or floral stock offered for sale by the organization is grown by its
members and/or is purchased from a New Mexico certified or licensed nursery or
florist dealer;
(2) the funds
received from the sale of such plants shall be used for the benefit of the
organization or for improvement or beautification projects within the local
community;
(3) a properly completed
and signed application for the appropriate license or permit is filed by the
applicant in addition to written statements described in Paragraphs (1) and (2)
of Subsection A of 21.17.2.10 NMAC;
(4) an organization meeting the criteria
described in Paragraphs (1) through (3) of Subsection A of 21.17.2.10 NMAC may
be exempt from fees for one license or permit for one activity category only.
Additional licenses or permits and all tags shall be available at the fee
schedule described in Subsections A through I of 21.17.2.9 NMAC.
B. A school organization
affiliated with a state accredited education institution, whose primary
function as part of the offered academic curriculum is to teach members or
students to landscape or to propagate and market nursery and floral stock, may
provide landscape services or may sell nursery or florist stock raised by
organization members without payment of fees. A properly completed application
for the appropriate license, permit and activity shall be filed with the
department annually by the organization's sponsor along with a written
description of the organization, its activities and its affiliation with a
particular state accredited institution.
C. An individual who grows plants by his own
efforts for pleasure, whose return from sales do not exceed the outlay for
propagative plant materials, who does not advertise or display for purpose of
sale and who does not sell any nursery/floral stock interstate or
internationally is exempt from payment of fees. No license or permit is
required.
D. Fees may be waived by
the director when, in his discretion, special circumstances warrant such a
waiver.
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