A. The board may:

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(1)     enforce and administer the New Mexico Chile Advertising Act through the New Mexico department of agriculture; and

(2)     promulgate rules, in consultation with the New Mexico chile industry, necessary for the administration of the New Mexico Chile Advertising Act.

B. Sales of twenty thousand pounds or less of chile peppers per calendar year by the person that grew the chile peppers are exempt from any recordkeeping requirement that the board may establish by rule. For the purposes of this subsection, “farmers’ market” means a physical retail market open to the public at which farmers sell produce.

C. The New Mexico department of agriculture through its authorized inspectors or agents is authorized to:

(1)     audit the purchase and sales records of a person dealing with the sale of chile peppers or products containing chile peppers that are advertised, described, labeled or offered for sale as New Mexico chile;

(2)     enter, on a business day during the usual hours of business, a store, market or other business or place for the limited purpose of inspecting the establishment’s records related to chile peppers or products containing chile peppers being advertised, described, labeled or offered for sale as New Mexico chile or as containing New Mexico chile; and

(3)     issue stop-sale, use or removal orders with respect to any violation of the New Mexico Chile Advertising Act.