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Federal court stays out of fight over spay-and-neuter fund

SANTA FE, N.M. (Legal Newsline) - A federal judge has decided she does not have jurisdiction over a challenge to a New Mexico law that requires pet food companies to fund spay-and-neuter programs.

New Mexico s governor says she shouldn t have been sued over new fees on pet food companies

Gov. Michelle Lujan Grisham | governor.state.nm.us/ SANTA FE, N.M. (Legal Newsline) – The challenge of new fees on pet food companies that will fund spays and neuters must be thrown out of court, New Mexico Gov. Michelle Lujan Grisham is arguing. Lujan Grisham on Feb. 19 filed a motion to dismiss, arguing plaintiffs like the Pet Food Institute and the New Mexico Chamber of Commerce failed to make any accusations that would subject her to liability. She says she is entitled to immunity because she merely signed the challenged legislation in her legislative capacity. “While the complaint appears to identify the New Mexico Department of Agriculture, the non-defendant agency charged with collecting the fee under the statute, as a wrongdoer, it is difficult to identify the wrongful conduct asserted,” the motion says.

N M Chamber of Commerce joins suit against new fee on pet food

Gov. Michelle Lujan Grisham | governor.state.nm.us/ SANTA FE, N.M. (Legal Newsline) – Business groups are suing the State of New Mexico over legislation that imposes new fees in pet food. On Dec. 30, the Pet Food Institute, the New Mexico Chamber of Commerce, the New Mexico Farm & Livestock Bureau, Pet Industry Joint Advisory Council and Rio Grande Kennel Club filed suit in state court over the Commercial Feed Act’s new section. That section – the Spay and Neuter Program Fee – imposes an annual fee on each pet food registered with the state Department of Agriculture. Most of those fees go toward spay and neuter services in the state.

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