New Mexico Seed Law 

Chapter 76, Article 10, Sections 11 through 22, New Mexico Statutes 1978, Annotated

Text of the New Mexico Seed Law

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Summary:

This law does not define what "sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes" means. It could be that "transported within this state for sowing purposes" includes seeds in seed libraries because they are often transported to the library and are intended for sowing purposes. However, it’s unclear if seed libraries fall under the scope of this legislation.

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76-10-12. Definitions. 

B. "agricultural seeds" includes the seeds of grass, forage, cereal and fiber crops. It shall include any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include noxious weed seeds when the board of regents of New Mexico state university determines that such seed is being used as agricultural seed;

C. "vegetable seeds" includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state;\

76-10-13. Label requirements. 

Each container of agricultural or vegetable seed which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container. 

D. For vegetable seeds in containers of one [1] pound or less: 

E. For vegetable seeds in containers of more than one [1] pound: 

Following subparagraphs (a) and (b) the "total germination and hard seed" may be stated as such, if desired; 

Note: If seeds from seed libraries fall under the statute, this may require additional administrative requirements such as testing for germination rates and labeling according to the requirements set forth in this section.

76-10-14. Prohibitions. 

A. It is unlawful for any person to sell, offer for sale, expose for sale or to transport for sale any agricultural or vegetable seed within this state: 

Note: This section underscores the importance of following the labeling requirements, though it is unclear if the requirements apply to seed offered for free through seed libraries.

76-10-15. Records.

Each person whose name appears on the label as handling agricultural or vegetable seed subject to this act [76-10-11 to 76-10-22] shall keep for a period of two (2) years complete records of each lot of agricultural or vegetable seed handled and keep for one (1) year a file sample of each lot of seed after final disposition of said lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the board or its agents during customary business hours. 

Notes: The applicability of this section likely turns on whether seed libraries are required to label their seed. 

76-10-16. Exemptions. 

A. The provisions of sections 3 and 4 [76-10-13, 76-10-14] do not apply: 

Note: It does not appear any of these exceptions apply to seed libraries.