reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-5 - Infected pastures and buildings; notices.

A. If a pasture, building, corral, yard or enclosure where livestock have been or may be pastured or confined is infected with or has become dangerous on account of a disease or poisonous weed or plant, the board may post danger or quarantine notices in not less than two conspicuous places in or upon such pasture, building, corral, yard or enclosure sufficient to warn all owners and others in charge of livestock of the danger or quarantine. When the danger has passed or the quarantine is lifted, the board shall require the posted notices to be removed.
B. Except as authorized by the director, a person who removes a posted notice of danger or quarantine is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA [1978].
History:
Laws 1917, ch. 30, § 1; C.S. 1929, § 4-915; 1941 Comp., § 49-305; 1953 Comp., § 47-3-5; Laws 1993, ch. 248, § 20; 1999, ch. 282, § 22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The 1999 amendment,
effective July 1, 1999, designated the formerly undesignated paragraph as Subsection A; in Subsection A, substituted "a disease" for "any infectious disease" and inserted "danger or quarantine" preceding "notices" in the first sentence, added the last sentence, and made several stylistic changes throughout the subsection; added Subsection B.
The 1993 amendment,
effective June 18, 1993, substituted "If a" for "That whenever it shall become known to the Sheep Sanitary Board or the Cattle Sanitary board of this state or any inspector thereof that any enclosed" at the beginning of the section; substituted "the board may" for "it shall be the duty of such Boards, by their inspectors and of such inspectors, to at once" near the middle; and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-3-6 and 77-3-7 NMSA 1978, as enacted by Laws 1917, ch. 30, §§ 2 and 3, relating to posting of notice of infection, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
77-3-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-9 - Acceptance of federal rules and regulations; cooperation.

The board may accept on behalf of the state the rules and regulations prepared by the secretary of the United States department of agriculture relating to the control of diseases of livestock and to cooperate with the authorities of the United States in the enforcement of the provisions of all acts and regulations relating to diseased livestock.
History:
Laws 1909, ch. 9, § 4; Code 1915, § 109; C.S. 1929, § 4-1012; Laws 1933, ch. 53, § 12; 1941 Comp., § 49-309; 1953 Comp., § 47-3-9; Laws 1993, ch. 248, § 22; 1999, ch. 282, § 24.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "relating to the control of diseases of livestock" for "under and in pursuance of Section 3 of an act of congress, approved May 29, 1884, which stated 'An act for the establishment of a bureau of animal industry for the extirpation of diseased cattle and to provide means for the suppression and extirpation of pleuro-pneumonia and other contagious diseases among domestic animals"', and made stylistic changes.
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "Cattle Sanitary" preceding "board"; inserted "the United States department of"; and substituted "which stated" for "entitled".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-10 - Federal officers; powers.

The representatives of the United States department of agriculture animal and plant health inspection service under the specific authorization of the board may inspect, quarantine and condemn livestock affected with a disease or suspected of being affected with a disease or that have been exposed to a disease and for these purposes may enter any grounds or premises in the state. The representatives may call upon peace officers to assist them in the discharge of their duties as specified by the board in carrying out federal laws and regulations as provided in Section 77-3-9 NMSA 1978. The peace officers shall assist the representatives when so requested and authorized by the board.
History:
Laws 1909, ch. 9, § 5; Code 1915, § 110; C.S. 1929, § 4-1013; 1941 Comp., § 49-310; 1953 Comp., § 47-3-10; Laws 1993, ch. 248, § 23; 1999, ch. 282, § 25.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "as specified by the board" following "discharge of their duties" and substituted "federal laws and regulations" for "the provisions of the act of congress" in the second sentence; substituted the last sentence for "and it is the duty of the officers to assist them when so requested. The inspectors of the board shall have the same powers and protection as peace officers while engaged in the discharge of their duties", and made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, substituted "The representatives of the United States department of agriculture animal and plant health inspection service under the specific authorization of the board" for "The inspector of the bureau of animal industry of the United States or duly authorized qualified veterinarian of the cattle sanitary board" at the beginning of the first sentence; deleted "constables and" preceding "peace officers" and inserted "as provided in Section 77-3-9 NMSA 1978" in the second sentence; deleted "cattle sanitary" preceding "board" in the third sentence; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-11 - Marking or branding of cattle and bison found infected with tuberculosis or Bang's disease.

Whenever cattle or bison within this state are tested for tuberculosis or Bang's disease by the board or its agents or employees or by an authorized agent or employee of the United States department of agriculture animal and plant health inspection service, if an animal so tested is found to have a positive reaction to such tests, it shall be permanently marked or branded according to the requirements of the board by the owner or his agent. The type of mark or brand to be used shall be designated by the board, and an animal shall be marked or branded immediately upon instructions from the board.
History:
1941 Comp., § 49-318, enacted by Laws 1949, ch. 48, § 1; 1953 Comp., § 47-3-11; Laws 1993, ch. 248, § 24; 1999, ch. 282, § 26.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, in the first sentence, inserted "or bison" following "cattle" near the beginning, inserted "United States" preceding "department of agriculture" near the middle, and inserted "or his agent" following "owner" at the end, and inserted "mark or" preceding "brand" in the second sentence.
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "board" for "cattle sanitary board of New Mexico" in three places; substituted "the department of agriculture animal and plant health inspection service" for "the bureau of animal industry of the United States" in the first sentence; deleted "said cattle sanitary" preceding "board" at the end of the section; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-12 - Penalty.

A person who fails to identify his animals as required by Section 77-3-11 NMSA 1978 is guilty of a misdemeanor for each head in violation and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
1941 Comp., § 49-319, enacted by Laws 1949, ch. 48, § 2; 1953 Comp., § 47-3-12; Laws 1993, ch. 248, § 25; 1999, ch. 282, § 27.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote the section, which formerly read: "Any person, firm, company or corporation violating the provisions of Section 77-3-11 NMSA 1978 is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than fifty dollars ($50) nor more than two hundred dollars ($200) for each animal in violation."
The 1993 amendment,
effective June 18, 1993, substituted "of Section 77-3-11 NMSA 1978 is" for "of this Section shall be deemed"; and added "for each animal in violation" at the end of the section.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-13 - Dangerous epidemics; emergency rules; imports prohibited; penalty.

A. When the board or any of its authorized representatives finds that a disease, the nature of which is known to be fatal or highly injurious to livestock, pigeons or fowl of any kind, has become epidemic or exists in a locality in a country, state or territory beyond the limits of this state, the board shall immediately adopt and promulgate emergency rules to prohibit the importation into this state of any animals, including livestock, subject to the disease that may be so reported.
B. The board shall specify such restrictions and safeguards as it deems proper and shall specify for the protection of livestock in this state and may also prohibit the importation into this state of any hoofs, hides, skins or meat of any animals or any hay, straw fodder, cottonseed or other products or material calculated to carry the infection of such disease.
C. Emergency rules may be adopted and promulgated without the notice and hearing required of other rules and shall take effect immediately. If the board contemplates that an emergency rule will be in effect for longer than ninety days, it shall give notice and hold a hearing to adopt the emergency rule as a rule.
D. Any person who violates any provision of this section or an emergency rule issued in accordance with this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head and is also liable in a civil action for any damages and loss sustained by reason of such importation of the livestock or of any of the products provided for in this section.
History:
Laws 1889, ch. 106, § 8; C.L. 1897, § 188; Code 1915, § 86; Laws 1915, ch. 35, § 1; C.S. 1929, § 4-903; Laws 1933, ch. 53, § 8; 1941 Comp., § 49-311; 1953 Comp., § 47-3-13; Laws 1993, ch. 248, § 26; 1999, ch. 282, § 28.
ANNOTATIONS
Cross references.
— For posting of notices on infected pastures and buildings,
see
77-3-5 NMSA 1978.
For importation of cattle for dairy purposes,
see
77-5-4 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, rewrote this section to the extent that a detailed comparison is impracticable.
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "the board or any of its authorized representatives" for "said Cattle Sanitary board or of its authorized representatives or to the knowledge of the Sheep Sanitary Board or of any veterinarian, inspector or officer of said Sheep Sanitary Board"; substituted "livestock" for "cattle, horses, burros, mules, sheep, goats, hogs"; and made related and other minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 52.
3A C.J.S. Animals § 74.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-14.1 - AGID tests required.

The board shall adopt rules prohibiting the driving or transporting into this state of any horses or other equidae that have not tested negative to the AGID, or Coggins, test or a United States department of agriculture-approved equivalent test for equine infectious anemia within twelve months prior to the date of entry, the evidence of which test result shall be shown on a health certificate; excepting from regulation only those foals accompanied in shipment by a negative-tested dam, those horses or other equidae consigned directly to slaughter.
History:
1978 Comp., § 77-3-14.1, enacted by Laws 1993, ch. 248, § 28; 1999, ch. 282, § 30.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "adopt rules" for "adopt regulations" near the beginning of the section, and deleted "or cattle or sheep" at the end.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-16 - Rules and regulations.

It is the duty of the board to make all useful rules and regulations respecting examinations and investigations for the granting or refusing of certificates of health and permits provided for in the next succeeding section and give ample publicity thereto so that all persons, companies and corporations who may desire to drive or transport any livestock into the state may be conveniently advised of what will be required to obtain any such certificate or permit during the existence of any prohibition to the importation of livestock into the state and of when, where and to whom application therefor may be made.
History:
Laws 1889, ch. 106, § 12; C.L. 1897, § 192; Code 1915, § 89; C.S. 1929, § 4-906; 1941 Comp., § 49-314; 1953 Comp., § 47-3-16; Laws 1993, ch. 248, § 30.
ANNOTATIONS
Compiler's notes.
— The words "provided for in the next succeeding section" refer to Laws 1889, ch. 106, § 13, which was repealed by Laws 1933, ch. 53, § 21.
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "livestock" for "cattle" in two places; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-17 - Quarantine; seizure of cattle.

Whenever any livestock are driven or transported into the state without obtaining a certificate of health or permit by the person in charge thereof, in any case where a certificate or permit is required and if such livestock have been inspected and an investigation had in relation thereto and the certificate or permit refused, then the livestock may be seized and securely held in quarantine under such reasonable rules and regulations as shall be prescribed therefor by the board and as they may deem necessary to guard against other livestock becoming affected with any such livestock diseases. They shall be held in quarantine for such length of time as the board shall in their opinion deem necessary for the sanitary protection of livestock in this state. If such livestock shall not have been so inspected and an investigation had, then the same shall take place wherever the livestock may be found, and they may be seized and held for that purpose and a certificate of health or permit granted or refused, as the case may require. If refused, the livestock may in like manner be held in quarantine. All the necessary expenses of quarantine and inspection under the provisions of this section shall be paid by the owners of the livestock.
History:
Laws 1889, ch. 106, § 14; C.L. 1897, § 194; Code 1915, § 91; C.S. 1929, § 4-908; 1941 Comp., § 49-315; 1953 Comp., § 47-3-17; Laws 1993, ch. 248, § 31.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "livestock" for "cattle" throughout the section; and made minor stylistic changes.
Cattle shipped by rail deemed subject to inspection.
— Cattle offered for shipment by rail in New Mexico, although driven into the state from old Mexico, are subject to inspection. 1913 Op. Att'y Gen. No. 13-1087.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 52.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-18 - Liens for expenses and for damages for communicating disease.

All expenses incurred in and by the inspection and quarantine of livestock under Section 77-3-17 NMSA 1978 shall be a lien on such livestock to secure the payment thereof in favor of the board, as an indemnity for the expenses so incurred. All loss and damages incurred and suffered by any person, company or corporation of any of the provisions of this chapter shall be lien on the livestock so unlawfully imported in favor of the person, company or corporation so incurring or suffering such loss or damage. All liens covered by this section shall take precedence and priority over any other lien or encumbrance on any such livestock existing at the time of their unlawful importation as aforesaid or at any time subsequent thereto. All such liens shall subsist and become effective as security for ultimate payment without any other act or proceeding whatever and after judgment any such lien may be foreclosed by sale of the livestock on execution.
History:
Laws 1889, ch. 106, § 15; C.L. 1897, § 195; Code 1915, § 92; C.S. 1929, § 4-909; 1941 Comp., § 49-316; 1953 Comp., § 47-3-18; Laws 1993, ch. 248, § 32.
ANNOTATIONS
Compiler's notes.
— The words "this chapter" refer to Laws 1889, ch. 106, the present provisions of which are compiled as 77-2-18, 77-2-19, 77-3-13 to 77-3-18 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "livestock" for "cattle" throughout the section; substituted "Section 77-3-17 NMSA 1978" for "the preceding Section"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 3 - Control of Contagious Diseases › Section 77-3-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-3-19 NMSA 1978, as enacted by Laws 1889, ch. 106, § 16, relating to seizure of livestock, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 4 - Eradication of Scabies › Section 77-4-1 - Disease eradication; rules.

The board shall determine the existence of and employ the most efficient and practical means to prevent, suppress, control and eradicate the disease known as mange or scabies or any other disease among livestock and to direct and regulate the handling or treating of any livestock when infected or that it may have good reason to believe has been exposed to any of the diseases; to make and adopt quarantine and sanitary rules that, so far as practicable, conform to the regulations of the United States department of agriculture as they may be from time to time promulgated; and to create and define districts within which such disease exists. In determining the districts within this state in which such disease from time to time exists, the board shall cooperate with the United States department of agriculture. The costs of treatment of livestock pursuant to this section are the responsibility of the owner of the livestock.
History:
Laws 1905, ch. 31, § 1; Code 1915, § 98; Laws 1927, ch. 36, § 1; C.S. 1929, § 4-1001; 1941 Comp., § 49-401; 1953 Comp., § 47-4-1; Laws 1993, ch. 248, § 34; 1999, ch. 282, § 31.
ANNOTATIONS
Cross references.
— For posting notices on infected pastures and buildings,
see
77-3-5 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted the section heading for "Infectious disease eradication; regulations"; in the first sentence, deleted "has the power and it is its duty to" following "The board" at the beginning, near the middle, substituted "other disease" for "contagious or infectious disease", deleted "dipping" preceding "or treating", and substituted "rules that" for "regulations, provided that all such regulations shall"; and substituted the last sentence for the former last sentence, which read "A majority of the board shall constitute a quorum and the board may exercise any of the powers conferred upon it by Sections 77-4-1 through 77-4-8 NMSA 1978 inclusive through committees of its own members specially empowered by resolution."
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "Cattle Sanitary" preceding "board" and substituted "livestock" for "horses, mules, asses and cattle" in the first paragraph; substituted "Sections 77-4-1 through 77-4-8 NMSA 1978" for "Sections 98 to 105" in the second paragraph; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 50.
3A C.J.S. Animals §§ 66 to 69.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 4 - Eradication of Scabies › Section 77-4-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-4-2 and 77-4-3 NMSA 1978, as enacted by Laws 1905, ch. 31, §§ 2 and 3, relating to infected districts and dipping of livestock therein, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 4 - Eradication of Scabies › Section 77-4-4 - [Inspectors; employment; compensation; duties; reports; powers.]

To aid in the enforcement of Sections 77-4-1 to 77-4-8 NMSA 1978, it shall be the duty of the board, and they are hereby authorized to employ for that service, and to be known as inspector, as many competent and discreet persons from time to time as emergencies may arise, as in their judgment they may deem necessary for the purpose, and shall fix their compensation, while in actual service, and their actual and necessary expenses, while in performance of their duties and as to where, when and how to perform them. Such persons [are] to make full reports to said board in writing of all their acts and doings under said instructions. And in the performance of their duties, whenever necessary, they may enter upon and examine any car, yard, stable, corral or any building or premises to examine any said livestock therein or thereon, and otherwise do whatever may be necessary and proper therein or thereon to the effectual discharge of their said powers and duties.
History:
Laws 1905, ch. 31, § 4; Code 1915, § 101; C.S. 1929, § 4-1004; Laws 1933, ch. 53, § 11; 1941 Comp., § 49-404; 1953 Comp., § 47-4-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 4 - Eradication of Scabies › Section 77-4-5 - [Inspectors of department of agriculture; appointment by board.]

Subject to the approval of the department of agriculture of the United States, the inspectors appointed by it, may also be appointed by the said board, for the services set forth in Section 77-4-4 NMSA 1978, and they shall hold said appointment at the pleasure of said board so long as they remain inspectors of said department and as such are stationed in this state and they shall act as such inspectors without bond or compensation from the state and shall possess all the powers and duties of state inspectors as needed for the purpose of said section.
History:
Laws 1905, ch. 31, § 5; Code 1915, § 102; C.S. 1929, § 4-1005; 1941 Comp., § 49-405; 1953 Comp., § 47-4-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 4 - Eradication of Scabies › Section 77-4-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-4-6 and 77-4-7 NMSA 1978, as enacted by Laws 1905, ch. 31, §§ 6 and 7, relating to dipping regulations, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 4 - Eradication of Scabies › Section 77-4-8 - Offenses; penalty.

A person who willfully violates any provisions of Sections 77-4-1 through 77-4-8 NMSA 1978 or rules promulgated in conformity with those sections or who in any manner hinders, obstructs or resists the execution of a rule or hinders, obstructs or resists an officer or employee of the board in the discharge of his duty or in the exercise of his lawful powers or who willfully or negligently breaks any quarantine or willfully or negligently suffers any quarantined livestock to escape from any quarantine is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1905, ch. 31, § 8; Code 1915, § 105; Laws 1927, ch. 25, § 1; C.S. 1929, § 4-1008; 1941 Comp., § 49-408; 1953 Comp., § 47-4-8; Laws 1999, ch. 282, § 32.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Sections 77-4-1 through 77-4-8 NMSA 1978" for "Sections 98 to 105"; deleted "or the state veterinarian or any inspector" preceding "in the discharge of his duty"; substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or imprisoned for not less than thirty (30) days nor more than six (6) months or both" at the end of the section; and made numerous stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals §§ 96, 97.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 5 - Eradication of Tuberculosis › Section 77-5-1 - Tuberculosis; examinations.

The board may make tests and examinations for the purpose of ascertaining whether any domestic livestock in the state are affected with tuberculosis. The tests or examinations shall be made by veterinarians of the board, inspectors of the United States department of agriculture animal and plant health inspection service or other veterinarians authorized by the board to perform the tests and examinations.
History:
Laws 1929, ch. 159, § 1; C.S. 1929, § 4-1101; 1941 Comp., § 49-501; 1953 Comp., § 47-5-1; Laws 1993, ch. 248, § 35; 1999, ch. 282, § 33.
ANNOTATIONS
Cross references.
— For marking or branding of cattle infected with tuberculosis or Bang's disease,
see
77-3-11 and 77-3-12 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "New Mexico Cattle Sanitary" preceding "board" in three places; substituted "department of agriculture animal and plant health inspection service" for "bureau of animal industry"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Constitutionality of regulations as to tuberculin tests, 18 A.L.R. 238, 42 A.L.R. 556, 58 A.L.R. 672, 80 A.L.R. 1225, 101 A.L.R. 64, 110 A.L.R. 644, 119 A.L.R. 243, 155 A.L.R. 1383.
3A C.J.S. Animals § 70.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 5 - Eradication of Tuberculosis › Section 77-5-2 - Infected livestock; destruction.

If, upon making any tests or examinations as provided for in Chapter 77, Article 5 NMSA 1978, it appears that any livestock are infected with tuberculosis and that the public interest would be best served through the destruction of the livestock, the board shall cause the destruction of the livestock in a manner deemed most expedient.
History:
Laws 1929, ch. 159, § 2; C.S. 1929, § 4-1102; 1941 Comp., § 49-502; 1953 Comp., § 47-5-2; Laws 1993, ch. 248, § 36; 1999, ch. 282, § 34.
ANNOTATIONS
Cross references.
— For marking or branding of cattle infected with tuberculosis or Bang's disease,
see
77-3-11 and 77-3-12 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "Chapter 77, Article 5 NMSA 1978" for "this article", and made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "article" for "Act"; deleted "New Mexico Cattle Sanitary" preceding "board"; and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 44.
Constitutionality of statute or ordinance providing for destruction of animals, 8 A.L.R. 67, 56 A.L.R.2d 1024.
Constitutionality of statute for control of diseases of livestock, 65 A.L.R. 525.
Right to compensation for animals destroyed to prevent spread of disease or infection, 67 A.L.R. 208.
Liability of public officers for killing or injuring animals, while acting, or professing to act, under a statute in relation to the inspection or destruction of livestock, 2 A.L.R.3d 822.
3A C.J.S. Animals § 76.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 5 - Eradication of Tuberculosis › Section 77-5-3 - Special areas; cooperation; regulations.

The board is hereby authorized to create and supervise tuberculosis-free areas, modified accredited areas and accredited areas and to cooperate with and arrange for such assistance from the United States department of agriculture in carrying out the provisions of this article as it may deem best and just. The board is authorized to adopt and promulgate such rules and regulations which it may deem necessary and proper for the enforcement of the provisions of this article; and such rules and regulations when so adopted and promulgated shall have the same force and effect as if they were an integral part of this article.
History:
Laws 1929, ch. 159, § 3; C.S. 1929, § 4-1103; 1941 Comp., § 49-503; 1953 Comp., § 47-5-3; Laws 1993, ch. 248, § 37.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "article" for "Act" in three places; deleted "New Mexico Cattle Sanitary" preceding "board" and substituted "department of agriculture" for "bureau of animal industry" in the first sentence; and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 5 - Eradication of Tuberculosis › Section 77-5-4 - Dairy cattle; importation; tests.

All cattle intended for dairy or milking purposes or for the breeding of dairy cattle brought into this state in any manner must be tagged for identification and must be accompanied by a permit from the board and a certificate signed by some duly qualified veterinarian of the United States department of agriculture or of some state or territory showing record of tuberculine test made immediately prior to shipment and showing that they are free from infection, except in cases where cattle are from accredited herds, modified accredited areas, accredited areas or free areas created and supervised by the United States department of agriculture and state cooperating agency, in which event such cattle must be accompanied by a certificate from a duly qualified veterinarian of the United States department of agriculture or a state recognized veterinarian. Copies of such certificates shall be mailed by the officer making same to the director of the board. Such cattle after coming into the state, if deemed necessary, shall be held for a period of sixty to ninety days or until retested and released in quarantine under such rules as may be provided by the board and shall not be allowed to mingle with nor occupy the same range, pasture, lots, corrals, pens, barns or sheds with other animals. Such cattle shall be tested again before the expiration of the ninety days but no sooner than sixty days by a qualified veterinarian duly authorized by the board and the report of the test filed with the board. Provided, that if any such cattle when retested for tuberculosis shall react and shall be destroyed in accordance with the provisions of this article, the owners of the cattle shall not be reimbursed for the loss of any such imported cattle.
History:
Laws 1929, ch. 159, § 4; C.S. 1929, § 4-1104; 1941 Comp., § 49-504; 1953 Comp., § 47-5-4; Laws 1993, ch. 248, § 38.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "board" for "Cattle Sanitary Board of the State of New Mexico" in two places; substituted "department of agriculture" for "bureau of animal industry" in three places; inserted "agency" following "state cooperating" near the end of the first sentence; substituted "sixty to ninety days" for "three months" in the third sentence; substituted "ninety days but no sooner than sixty days" for "said three months" in the fourth sentence; substituted "article" for "Act" in the final sentence; and made related and other minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 52.
Constitutionality of regulations as to milk, 155 A.L.R. 1383.
3A C.J.S. Animals § 74.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 5 - Eradication of Tuberculosis › Section 77-5-5 - Offenses; penalty.

A person, whether acting as a common carrier or otherwise, who brings into New Mexico any dairy cattle of the kind described in Section 77-5-4 NMSA 1978 in violation of the provisions of Chapter 77, Article 5 NMSA 1978 or of any of the rules promulgated by the board for the enforcement of that article is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1929, ch. 159, § 5; C.S. 1929, § 4-1105; 1941 Comp., § 49-505; 1953 Comp., § 47-5-5; Laws 1999, ch. 282, § 35.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "dairy" preceding "cattle", updated statutory references, deleted "New Mexico Cattle Sanitary" preceding "board for the enforcement", substituted "shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "be punished by a fine of not less than $25.00 nor more than $100.00 or by imprisonment in the county jail for not less than thirty days nor more than six months" at the end; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals § 93.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 6 - Dairy Industry Indemnity (Repealed.) › Section 77-6-1 to 77-6-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-6-1 to 77-6-10 NMSA 1978, as enacted by Laws 1941, ch. 150, §§ 1 to 4, 6 to 8, and 10, and as amended by Laws 1945, ch. 96, § 1 and Laws 1977, ch. 247, § 157, relating to dairy industry indemnity, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 7 - Feeding of Hogs › Section 77-7-1 to 77-7-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 229, § 9, repealed 77-7-1 to 77-7-15 NMSA 1978, as enacted by Laws 1917, ch. 32, §§ 1 through 14, and Laws 1957, ch. 150, § 1, respectively, relating to eradication of hog cholera.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 7 - Feeding of Hogs › Section 77-7-16 - Definitions.

As used in this act [77-7-16 to 77-7-19 NMSA 1978]:
A. "garbage" means waste consisting in whole or in part of animal waste resulting from handling, preparing, cooking and consuming of food, including the offal from animal carcasses or parts thereof, but excluding such waste obtained by an individual from his own household operations and fed to his own swine on the same premises;
B. "special processing" means handling swine and subjecting swine products to heat treatment in accordance with current requirements of the board;
C. "permit for special processing" means a permit by the board for the handling, slaughtering and special processing of swine, and which shall be limited to a point or points designated by the board; and
D. "board" means the New Mexico livestock board.
History:
1953 Comp., § 47-7-23, enacted by Laws 1970, ch. 79, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals § 66 et seq.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 7 - Feeding of Hogs › Section 77-7-17 - Feeding of garbage unlawful; registration required; movement of swine fed on garbage unlawful except by permit; penalty.

A. It is unlawful for any person, firm, partnership or corporation not registered with the livestock board, as provided by this act [77-7-16 to 77-7-19 NMSA 1978], to feed garbage to any swine in this state.
B. It is unlawful to slaughter or transport within the state any swine which have been fed garbage except under the appropriate permit for either special processing or for the transportation of swine fed with garbage as issued by the livestock board.
C. Any person, firm, partnership or corporation violating the provisions of this section is guilty of a petty misdemeanor and each day the provisions of this section are violated shall be a separate offense.
History:
1953 Comp., § 47-7-24, enacted by Laws 1970, ch. 79, § 2; 1971, ch. 152, § 1.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 7 - Feeding of Hogs › Section 77-7-18 - Garbage feeders; slaughterers of garbage-fed swine; registration; garbage cooking; penalty.

A. All persons feeding garbage to or slaughtering swine which have been fed garbage shall first obtain a certificate of registration or a permit for special processing from the livestock board. Application for registration or a permit shall be made to the office of the livestock board on forms which may be obtained from the board. The board shall be notified when such operation is discontinued or upon sale of equipment, transfer of ownership or change of location. Such rights and privileges as are granted by the registration may be revoked for cause by the director of the livestock board, subject to review by the livestock board.
B. All garbage fed in New Mexico shall be cooked and brought to the boiling point or equivalent temperature for a period of not less than thirty minutes.
C. A recording thermometer shall be used and maintained with dated charts for examination by a representative of the board, and be kept on file for a period of not less than ninety days. Each such chart shall bear therein the name and address of the person for whom the garbage was cooked. There shall be no retracing of charts.
D. Cooking facilities shall be approved by the board before certificate of registration is issued.
E. Periodic inspections shall be made of cooking facilities and premises. Premises shall be open for inspection, including cooking operations, equipment and animals, at any reasonable time by designated representatives of the board.
F. The livestock board shall promulgate and adopt, in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978], regulations setting standards for the maintenance and operation of swine feeding and slaughtering facilities, and providing for the regulation of the movement of garbage-fed swine.
G. Any person, firm or corporation failing to meet the standards set by the regulations of the livestock board for the maintenance and operation of facilities for the feeding or slaughtering of swine or failing to obtain a permit or to meet the requirements of the board for moving garbage-fed swine, may be denied registration or if registered, may have such registration revoked, and shall be guilty of a petty misdemeanor.
H. The board may by regulation set an inspection fee for the permit to transport swine fed on garbage in an amount not to exceed twenty-five cents [($.25)] per animal.
History:
1953 Comp., § 47-7-25, enacted by Laws 1970, ch. 79, § 3; 1971, ch. 152, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 7 - Feeding of Hogs › Section 77-7-19 - Fees for registration; renewal.

For each certificate of registration issued under Section 77-7-18 NMSA 1978, the livestock board may charge and receive a fee not to exceed ten dollars ($10.00) at the time of issuance and, in addition, on the anniversary date of each such certificate of registration an annual renewal fee in an amount not to exceed ten dollars ($10.00).
History:
1953 Comp., § 47-7-26, enacted by Laws 1970, ch. 79, § 4.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 248, § 80 repealed 77-8-1 NMSA 1978, as enacted by Laws 1951, ch. 188, § 1, relating to definitions, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-2 - Quarantine; treatment.

Sheep or goats afflicted with or exposed to a disease shall be immediately placed under quarantine under the supervision of a veterinarian or inspector in conformity with the rules of the board. The sheep or goats shall not be moved from the quarantine area except under the supervision of a veterinarian or inspector until a veterinarian declares them to be free of disease or until the board otherwise grants permission for the moving of the sheep or goats. The sheep or goats shall be treated under the direction of a veterinarian or inspector at once and thereafter as often as necessary until they are declared free of the disease by a veterinarian or inspector.
History:
1941 Comp., § 49-872, enacted by Laws 1951, ch. 188, § 11; 1953 Comp., § 47-8-11; Laws 1999, ch. 282, § 36.
ANNOTATIONS
Cross references.
— For New Mexico Sheep and Goat Act,
see
Chapter 77, Article 8A NMSA 1978.
The 1999 amendment,
effective July 1, 1999, deleted "dipping" preceding "treatment" in the section heading; inserted "or goats" throughout the section; deleted "scabies or other infectious or contagious" preceding "disease" in the first sentence; deleted "to dipping vats" following "quarantine area except" and deleted "or inspector" following "veterinarian" in the second sentence; deleted "dipped or" preceding "treated" in the last sentence; and deleted the former last sentence, which read "Provided, however, that no sheep shall be required to be dipped during such inclement weather as would endanger their health or lives except at the request of the owner."
No presumption that board negligent.
— Court will not presume that sheep sanitary board (now New Mexico livestock board) was negligent in issuing permit and in ordering sheep dipped at time of cold and inclement weather, but evidence supported judgment for plaintiff in particular case.
Miera v. State
, 1942-NMSC-045, 46 N.M. 369, 129 P.2d 334 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 50 et seq.
3A C.J.S. Animals §§ 73, 75.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-4 - Sheep imported without inspection; inspection.

When any inspector learns that sheep have been brought into the state without first having been inspected as provided in Section 12 [77-8-3 NMSA 1978], he shall immediately inspect the sheep as provided in said section.
History:
1941 Comp., § 49-874, enacted by Laws 1951, ch. 188, § 13; 1953 Comp., § 47-8-13.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-5 - Infected sheep or goats; notice to board.

A person who owns or has under his control sheep or goats that have been exposed to or infected with a reportable disease shall forthwith report such fact to the director. A veterinarian shall be immediately dispatched to examine the sheep or goats and, if found to be so exposed or infected, the veterinarian or inspector shall follow the quarantine and treating provisions set forth in Section 77-8-2 NMSA 1978.
History:
1941 Comp., § 49-875, enacted by Laws 1951, ch. 188, § 14; 1953 Comp., § 47-8-14; Laws 1999, ch. 282, § 38.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "or goats" following "sheep" throughout the section, substituted "a reportable disease" for "scabies or any other contagious or infectious disease" and substituted "director" for "secretary" in the first sentence, and deleted "or inspector" following "A veterinarian" and "dipping" following "quarantine" in the last sentence.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 229, § 9, repealed 77-8-6 NMSA 1978, as enacted by Laws 1951, ch. 188, § 15, relating to yearly inspection of sheep.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-8-8 and 77-8-9 NMSA 1978, as enacted by Laws 1951, ch. 188, §§ 17 and 21, relating to unlawful transportation of, and special brands for, sheep, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-10 - Recording or rerecording by person with lien or interest.

Any person having a lien or interest in any sheep may cause the mark or brand appearing on said sheep to be recorded or rerecorded in the name of the owner provided he follows the recording or rerecording procedure set forth in this act [77-8-1 to 77-8-19 NMSA 1978]. The secretary [executive director] shall mail a certificate of mark to the owner and a duplicate copy of the certificate to the person having a lien or interest in the sheep.
History:
1941 Comp., § 49-883, enacted by Laws 1951, ch. 188, § 22; 1953 Comp., § 47-8-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For references to "secretary" being deemed as "executive director",
see
77-2-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-8-11 NMSA 1978, as enacted by Laws 1951, ch. 188, § 23, relating to cancellation and reinstatement of marks and brands, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-12 - Effect of cancellation or new award to one claiming interest; amending original instrument.

The cancellation of an existing mark or brand of a sheep owner shall in no way affect a lien on or interest in any sheep claimed by a third person, and as to such third person a cancellation shall not be deemed to have taken place. Where a new or different brand is awarded the owner, such interested third person or lien holder may have the instrument on which he bases his lien amended so as to show the date the new mark or brand was awarded, a description or facsimile of such new mark or brand and the sheep affected by such new mark or brand. Such amended instrument must be signed and acknowledged in the same manner as the original instrument to give it the force and effect of the original instrument, and recorded, where required by law, in order to give constructive notice.
History:
1941 Comp., § 49-885, enacted by Laws 1951, ch. 188, § 24; 1953 Comp., § 47-8-24.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-13 - Evidential value of mark or brand records.

A certified copy of the records of the board relating to any mark or brand shall be accepted in all courts of this state as prima facie evidence of the ownership of sheep bearing the same.
History:
1941 Comp., § 49-886, enacted by Laws 1951, ch. 188, § 25; 1953 Comp., § 47-8-25.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 9.
3A C.J.S. Animals § 18.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-14 - Altering marks or brands.

No person shall alter the mark or brand on his or any other sheep or goats, without first having secured written permission from the director and unless an inspector is present to supervise the alteration.
History:
1941 Comp., § 49-887, enacted by Laws 1951, ch. 188, § 26; 1953 Comp., § 47-8-26; Laws 1999, ch. 282, § 40.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted the section heading for "Altering marks; notice; supervision", and rewrote the section, which formerly read: "No person shall alter the mark on his or any other sheep, irrespective of whether such person desires to place his recorded mark on such sheep without first having secured permission from the secretary or an inspector and unless an inspector is present to supervise the alteration."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals § 25.