A. The Organic Production Act shall be administered and enforced by the New Mexico department of agriculture, under the direction of the board of regents of New Mexico state university. The New Mexico department of agriculture is authorized to regulate the production, handling and certification of organic agricultural products pursuant to rules adopted by the board of regents of New Mexico state university. In promulgating the rules, the board shall consider the requirements of the federal Organic Foods Production Act of 1990 and the national organic program rules.
B. The department may:
(1) charge fees and assessments to fund its organic certification program; and
(2) implement education and marketing programs to assist organic producers and handlers and those considering certification as organic producers or handlers.