Font ResizeSANTA FE - State Rep. Andy Nuñez says New Mexico's famous chile is under fire from unscrupulous businesses, which falsely claim to sell and serve it.
His bill to punish restaurants, groceries and roadside stands that lie about carrying New Mexico chile cleared a House committee Monday.
Nuñez, an independent from the chile capital of Hatch, said businesses that are careful to stock the homegrown product asked him to sponsor this bill.
For instance, Nuñez said, Bueno Foods of Albuquerque carries only New Mexico chile. Bueno Foods also promotes homegrown chile through its Keep New Mexico Green campaign.
Charlie Marquez, representing the New Mexico Chile Association, said false claims by businesses have escalated as farmland devoted to chile has diminished.
In 1992, chile growers in New Mexico accounted for almost 35,000 acres. Now they have 8,800 acres.
Peru, India, China and Mexico have become global chile producers during that stretch. Marquez said the problem is not in competition but in dishonest advertising.
"We see cans of chile that say 'Hatch,' and that product does not come from the United States," he said.
Like Florida oranges, New Mexico chile is a premium product that deserves protection, Marquez said.
Members of the House Agriculture and Water Resources Committee endorsed Nuñez's bill, though with a certain skepticism.
Rep. Don Tripp, R-Socorro, said he appreciated the intent behind the proposed New Mexico Chile Advertising Act. But, Tripp said,
Rep. Joseph Cervantes, D-Las Cruces, said Nuñez's bill had holes in it. Namely, it mentioned only one type of chile pepper - the "fruit from Capsicum annuum, New Mexican-type."
Cervantes wondered if it also should include other New Mexico-grown peppers, such as jalapenos.
He also was wary of subjecting roadside fruit-and-vegetable stands to punishments under the state's deceptive trade act, as Nuñez proposes. Cervantes said such action could crush those businesses.
Under the bill, the regents of New Mexico State University would administer and enforce the chile-advertising act through the state Department of Agriculture. NMSU's regents have not taken a position on the bill, a school spokesman said.
Diaz Farms in Deming produces about 4,000 tons of green chile annually, but owner Eddie Diaz said he had not heard of Nuñez's bill until Monday.
Diaz said he also was unaware of businesses falsely claiming that foreign chile was grown in New Mexico.
"We have customers who say, 'I want Hatch chile,' '' Diaz said. "That tells me they've done a good job of advertising Hatch, but we know Deming chile is good, too."
Marquez said nothing compares to iconic New Mexico chile, no matter the town of origin.
"Colorado has some very hot chile, but in my opinion there's no flavor to it," Marquez told the committee.
Nuñez's bill faces its next hearing before the House Judiciary Committee. His proposal is HB 485.
Santa Fe Bureau Chief Milan Simonich can be reached at msimonich@tnmnp.com or (505) 820-6898. His blog is at nmcapitolreport.com.
