2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7 - Additional powers of the board.

In addition to the powers transferred from the cattle and sheep sanitary boards, the board may:
A. exercise general regulatory supervision over the livestock industry of this state in order to protect the industry from theft and diseases and in order to protect the public from diseased or unwholesome meat or meat products;
B. appoint and fix the salary of an executive director who shall file an oath and be bonded in an amount fixed by the board. The director shall manage the affairs of the board under the direction of the board. He shall be chosen solely on qualifications and fitness for the office. He shall devote his entire time to the duties of the office;
C. employ clerical help, provide office space and purchase equipment, including vehicles;
D. employ livestock inspectors and brand inspectors and other personnel necessary to carry out the purposes of The Livestock Code. All livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of that code;
E. appoint a state veterinarian and subordinate veterinarians as are necessary to carry out the duties of the board;
F. adopt and promulgate rules to control the importation and exportation of animals;
G. establish livestock inspection districts;
H. establish quarantine, provide its boundaries and give notice of the quarantine and do all other things necessary to effect the object of the quarantine and to protect the livestock industry of this state from disease and prevent the spread of disease;
I. adopt and promulgate rules for meat inspection, including the slaughter and disposition of the carcasses of livestock affected with diseases when the action appears necessary to prevent the spread of any contagion or infection among livestock;
J. adopt and promulgate rules governing the importation, manufacture, sale, distribution or use within the state of serums, vaccine and other biologicals intended for diagnostic or therapeutic uses with livestock and regulate the importation, manufacture or use of virulent blood or living virus of any diseases affecting livestock;
K. set fees or charges, not to exceed one hundred dollars ($100) per call, for any services rendered by the board or its employees that are deemed necessary by the board and for which no fee has been set by statute;
L. consider the views of the livestock industry in the administration of The Livestock Code;
M. adopt and promulgate rules to otherwise carry out the purposes of The Livestock Code;
N. hold hearings and subpoena witnesses for the purpose of investigating or enforcing The Livestock Code or rules established pursuant to that code; and
O. enter into joint powers agreements with Indian nations, tribes or pueblos to promote cooperation in carrying out the provisions of The Livestock Code.
History:
1953 Comp., § 47-23-6, enacted by Laws 1967, ch. 213, § 6; 1973, ch. 234, § 5; 1983, ch. 229, § 2; 1993, ch. 248, § 4; 1995, ch. 111, § 2; 1999, ch. 282, § 3.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "contagious or infectious" preceding "disease" or "diseases" in Subsections A, H, and I; deleted "executive" preceding "director" in the first sentence of Subsection B; substituted "employ clerical help, provide office space and purchase equipment, including vehicle" for "employ clerical help and purchase equipment" in Subsection C; deleted "commissioned" preceding "livestock" twice, and deleted "noncommissioned" preceding "brand inspectors" in Subsection D; deleted "All veterinarians employed by the board shall be licensed by the board of veterinary examiners" at the end of Subsection E; substituted "importation and exportation of animals" for "importation of animals into this state" in Subsection F; added Subsection G; substituted "one hundred dollars ($100)" for "twenty dollars ($20.00)" in Subsection K; and added Subsection O.
The 1995 amendment,
effective April 5, 1995, deleted "New Mexico Livestock" preceding "Board" in the section heading, inserted "commissioned livestock inspectors and noncommissioned brand" in the first sentence and inserted "commissioned livestock" in the second sentence in Paragraph (4) of Subsection A, and substituted "shall" for "must" in the second sentence of Paragraph (5) in Subsection A.
The 1993 amendment,
effective June 18, 1993, substituted "The Livestock Code" for "The Livestock Board Act" throughout the section; deleted "New Mexico livestock" preceding "board" in the introductory paragraph of Subsection A; substituted "licensed by the board of veterinary examiners" for "graduates in good standing of approved veterinary colleges" in Paragraph (5) of Subsection A; substituted "twenty dollars ($20.00)" for "ten dollars ($10.00)" in Paragraph (10) of Subsection A; deleted former Subsection B, defining "'livestock' or 'animals' ", and added current Subsection B.
The 1983 amendment
inserted "New Mexico Livestock" in the catchline and made the following substitutions: "has" for "shall have" in the introductory paragraph of Subsection A, "ten dollars ($10.00) per call" for "two dollars and fifty cents ($2.50) per head" in Subsection A(10) and "are also" for "shall also be" in the second sentence in Subsection B.
[New Mexico] Livestock board authorized to cooperate with department of agriculture.
— Because common powers do exist between the two agencies, the [New Mexico] livestock board is authorized to enter into cooperative agreements with the United States department of agriculture respecting meat inspection. 1968 Op. Att'y Gen. No. 68-46.
Board may adopt federal regulations.
— Although the [New Mexico] livestock board is without power to enforce federal regulations respecting meat inspection, the board may adopt the federal regulations as a part of the rules and regulations of the board. 1968 Op. Att'y Gen. No. 68-46.
Board may not adopt some rules and regulations.
— The [New Mexico] livestock board may not adopt rules and regulations involving: (1) control of ingredients of meat and meat products, unless such ingredients affect the wholesomeness of the meat; (2) labeling or misbranding of meat and meat products; (3) adulteration of meat and meat products, unless the adulteration affects the meat wholesomeness; (4) weights and measures for meat and meat products; (5) fraudulent advertising of meat and meat products or (6) deceptive fill of containers for meat and meat products. The above matters are within the purview of the powers granted to the state health department (now department of health). 1968 Op. Att'y Gen. No. 68-46.
Livestock inspector's law enforcement authority.
— The law enforcement authority of a livestock inspector is limited to the power and authority expressly granted or necessarily implied in statute; certified livestock inspectors employed by the livestock board have the same powers as any other peace officer for enforcement of the Livestock Code and other criminal laws relating to livestock. Livestock inspectors, therefore, may not act as law enforcement officers or assist other law enforcement agencies to enforce criminal laws outside the inspector's specific statutory authority.
Authority of Livestock Inspectors
(11/13/18), Att'y Gen. Adv. Ltr. 2018-08.
Livestock inspectors are not statutorily required to carry a firearm while on duty.
— This section provides that all livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of that code, and 30-7-2(A)(3) NMSA 1978, permits certified law enforcement officers, including livestock inspectors to carry a firearm, but there is no statute that requires livestock inspectors to carry a firearm while on duty or otherwise. The livestock board, as the law enforcement agency for livestock inspectors, however, may set appropriate policies for the carrying of firearms, including policies dictating when livestock inspectors should or should not carry firearms while performing their responsibilities for enforcing the Livestock Code and criminal laws relating to livestock.
Authority of Livestock Inspectors
(11/13/18), Att'y Gen. Adv. Ltr. 2018-08.
Board may not require approval of slaughterhouse construction.
— The design and construction of slaughterhouses and meat establishments is not sufficiently related to protecting the public from unwholesome meat so as to allow the [New Mexico] livestock board to require approval of plans of construction of slaughterhouses and meat establishments without specific statutory power. 1967 Op. Att'y Gen. No. 67-115.
Although some regulations reasonably related to power of board.
— The health of slaughterhouse employees, the sanitation of slaughterhouses, meat establishments and transportation vehicles and the maintenance of slaughterhouses and meat establishments are all reasonably related to powers of the [New Mexico] livestock board. 1967 Op. Att'y Gen. No. 67-115.
Health department also to determine wholesomeness of meat.
— The fact that the [New Mexico] livestock board may be inspecting meats to determine if they are unwholesome in no way limits the powers of the health department to independently determine whether the meat is unwholesome. 1967 Op. Att'y Gen. No. 67-115.