Frequently Asked Questions About the Nursery Inspection Program

Why do I need a license?

The New Mexico Plant Protection Act (NMPPA) requires that all persons growing, producing, selling, importing, or storing, nursery or floral stock obtain a license from New Mexico Department of Agriculture (NMDA)

 I don’t keep any plant material on hand, do I still need a license?

Yes, the NMPPA requires that any dealer or agent must obtain a license before soliciting, landscaping, taking orders, selling, storing or delivering stock. This also allows NMDA to compile a list of the businesses which have the potential to be affected by plant pests.

What license category do I need?

Depending on the activities of your business you may require more than one type of license.

If you buy and resell nursery and/or florist stock you need a Nursery Dealer (ND) license for each sales location.

If you grow and sell nursery stock you need the Inspection Certificate (IC), also referred to as a grower’s license.

If you collect plants and sell them you need the Collected Plant Permit (CP).

The special licenses, Special Dealer and Special Vegetable Plant Inspection Certificate, are only for limited sales of certain plants.

Why do I get inspected?

There are two primary reasons for inspection.  One is consumer protection, that is, making sure that consumers are buying a healthy, pest-free product.  The second is to intercept harmful or exotic pests before they are widely distributed by enforcing sanitary requirements and quarantines.

What is the inspector looking for?

An inspector will want to review the shipping documents for the proper certification depending on the origin of the plants. A visual inspection of a percentage of all plant material is also done to look for the presence of insects, diseases, weeds or other pests.

What is the proper certification?

This depends on the plant material being received and the origin of the shipment.  All plant material shipped from state to state requires an Inspection Certificate with every shipment. Also,   there are several quarantines that require additional declarations or types of certification.  These include Imported Fire Ant, Japanese Beetle, Pecan Weevil, and  Phytopthora ramorum.

What happens if the proper certification is not sent or is not available?

If a shipment arrives without the necessary documents and they cannot be obtained from the supplier, the shipment can be rejected and may be ordered to be returned to the supplier.  If the paperwork which accompanied plants already in stock is no longer available, these plants may also be removed from sale.  That is why it is very important to keep a copy of all of these documents until the plant material that they came with is no longer in inventory.

What equipment does an inspector normally use to do an inspection?

At a minimum, an inspector will use a handlens or loupe to examine plants in order to determine the viability of any insects, eggs or diseases observed.  Action is only taken if the pest or pests are alive. Cast skins, or treated and killed insects, eggs or diseases are not actionable unless the overall health of the plant is compromised.  An inspector may also carry an aspirator, vials of alcohol, a paintbrush, tweezers and any other supplies which facilitate taking samples of plant pests. These samples will then be submitted to our state entomologist or pathologist for identification.

What happens if the inspector finds problems?

The affected plant material will be taken off sale until the problem has been resolved.  This may include pesticide treatment, pruning, or destruction of plant material. If the pest is of quarantine significance it may need to be sampled and the plant material held off sale.  The licensee has the option to wait until identification is complete, return the product to the supplier, or destroy the product.

Can I fail an inspection?

No. The inspection report does not indicate passing or failure of an inspection, it only lists the problems found and the actions needed to resolve them.

What is the threshold for insects on plants being sold?

There is no threshold.  Plant material must be free from pests in order to be offered for sale. Economic thresholds are sometimes established for crop plants, these indicate the number of insect pests that can be present before yield is significantly reduced. There are no such thresholds established for ornamental plant material being offered for sale.

How often will I get inspected?

This varies depending on the activities and volume of your business.  Although every attempt is made to inspect each license yearly, sometimes unforeseen circumstances prevent this. In these circumstances inspections are prioritized on the basis of the risk of introduction of exotic pests and the volume of plant material turnover at any given license.

Does my license fee pay for the inspection?

No. The license fee goes into the bureau operating budget but in most cases does not cover the costs of doing the inspection.  The license is a requirement of the NMPPA and the inspection is to ensure compliance with this law.

Does the inspector have to get my permission to do an inspection?

No. The NMPPA and the Pest Control Act (PCA) both give authorization to inspect any nursery or other place or vehicle which may contain pests or host material.  However, protocol requires that inspectors are to notify managers before beginning an inspection, and we make every effort to accommodate the business and to avoid disruption of any kind.

Do other states have a program similar to this?

Yes.  Every state that ships plant material to other states must have an inspection program to ensure that the stock being shipped is healthy and pest-free. Not all states require licensing of  those who sell plant material within their state.

Does the inspector have the authority to do inspections in areas other than on the sales floor?

Yes.  As stated previously, the NMPPA and the PCA give authority to the inspector to inspect all areas of the business which may contain pests or the hosts of pests.

Why can’t I put some plants on clearance sales instead of discarding them?

The NMPPA requires that only sound and healthy stock can be offered for sale.  If a plant does not meet these standards it cannot be offered for sale at any price.  However, this does not mean, for example, that a healthy flowering houseplant which is no longer flowering cannot be marked down.

Why is the fee for a high volume business the same as for a small business?

The NMPPA sets the fee schedule for licenses. Any change to this structure would require a change of the law itself. Support from the regulated industry is needed for any changes to the law.

How do you decide who qualifies for an exempt license?

Regulations under the NMPPA state the requirements that must be met in order to qualify for an exempt license.  Generally, a non-profit educational, charitable or service organization may apply to the department for exempt status.

How does the farmers market license work?

A farmer’s market or growers cooperative can obtain a Farmers Market license (FM) which will allow anyone selling plant material at that market only, to sell plants or cut flowers that they have grown themselves.  Each market obtains the license and makes its own arrangements with the members regarding the payment of fees for that license.

Why do I have to pay a double fee if am late in renewing my license?

The double fee is dictated by the NMPPA and is the only “fine” for a license violation that the bureau has.  It encourages the timely renewal of licenses which in turn reduces the time and money required to follow up on late renewals by secretarial staff and the inspectors in the field.