2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-9 - Violations. (Repealed effective July 1, 2030.)

A. Unless otherwise provided in the Animal Sheltering Act, it is a violation of that act for a person to:
(1) perform euthanasia for a euthanasia agency or an animal shelter in this state without possessing a valid license pursuant to the Animal Sheltering Act;
(2) solicit, advertise or offer to perform an act for which licensure or certification is required pursuant to the Animal Sheltering Act, unless the person holds a license or certification;
(3) refuse to comply with a cease and desist order issued by the board;
(4) refuse or fail to comply with the provisions of the Animal Sheltering Act;
(5) make a material misstatement in an application for licensure or certification;
(6) intentionally make a material misstatement to the board during an official investigation;
(7) impersonate an official or inspector;
(8) refuse or fail to comply with rules adopted by the board or with a lawful order issued by the board;
(9) aid or abet another in violating provisions of the Animal Sheltering Act, or a rule adopted by the board;
(10) alter or falsify a certificate of inspection, license or certification issued by the board;
(11) fail to carry out the duties of a euthanasia technician in a professional manner;
(12) abuse the use of a chemical substance or be guilty of habitual or excessive use of intoxicants or drugs;
(13) sell or give chemical substances used in euthanasia procedures to an unlicensed person; or
(14) assist an unlicensed or unauthorized person in euthanizing animals, except during a board-approved course in euthanasia.
B. It is a violation of the Animal Sheltering Act for a euthanasia agency or an animal shelter to:
(1) refuse to permit entry or inspection of its facilities by the board or its designees;
(2) sell, offer for sale, barter, exchange or otherwise transfer animals that are prohibited by the department of game and fish, the United States department of agriculture or any other regulatory agency to be kept unless the sale, offer for sale, bartering, exchanging or transferring of the animal is to a facility employing permitted rehabilitators or an individual that is a permitted rehabilitator pursuant to the rules adopted by the department of game and fish or another agency that has authority over people who are permitted to receive and provide care for such animals;
(3) allow a license or certificate issued pursuant to the Animal Sheltering Act to be used by an unlicensed or uncertified person; or
(4) make a misrepresentation or false promise through advertisements, employees, agents or other mechanisms in connection with the euthanasia of an animal.
C. It is a violation of the Animal Sheltering Act for an employee or official of the board or the animal sheltering committee to disclose or use for that person's own advantage information derived from reports or records submitted to the board pursuant to that act.
History:
Laws 2007, ch. 60, § 9; 2009, ch. 102, § 12; 2017, ch. 44, § 12.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
See
Section 61-14-20 NMSA 1978.
The 2017 amendment,
effective July 1, 2018, clarified that it is a violation of the Animal Sheltering Act to commit any of the listed offenses; in Subsection A, Paragraph A(6), after "misstatement to the", deleted "department" and added "board"; and in Subsection C, after "official of the board", deleted "or a person in the department" and added "or the animal sheltering committee", and after "submitted to the", deleted "department or the".
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Animal Sheltering Services Act" to "Animal Sheltering Act".