reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Authorized field testing agent"
means any person who has received appropriate training and has been certified as an official state pullorum-typhoid testing agent by the official agency of the national poultry improvement plan (NPIP).
B.
"National poultry improvement plan (NPIP)"
means the cooperative state-federal program through which new technology can be effectively applied to the improvement of poultry breeding stock and hatchery products through the control of certain hatchery disseminated diseases.
C.
"Official state agency"
means the New Mexico livestock board. In New Mexico, the New Mexico livestock board is the "official state agency" of the NPIP and, by memorandum of understanding with the board, the New Mexico cooperative extension service.
D.
"Poultry"
means domesticated fowl, including chickens, turkeys, waterfowl, game birds, guinea fowl and other species which are bred for the purpose of producing eggs or meat, except doves, pigeons and ratites.
E.
"Pullorum"
means a disease of poultry caused by
salmonella pullorum
.
F.
"Typhoid"
means a disease of poultry caused by
salmonella gallinarum.
G.
"VS form 9-2"
means the flock selecting and testing report provided by the NPIP. Forms are available from the official state agency.
H.
"VS form 9-3"
means the report of sales of hatching eggs, chicks and pullets provided by the NPIP. Forms are available from the official state agency.
I.
"VS form 17-6"
means the certificate for poultry or hatching eggs for export. The forms are available from USDA-APHIS-VS or the official state agency.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.8 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons authorized to perform pullorum-typhoid tests in New Mexico include authorized field testing agents approved by the official state agency and veterinarians licensed to practice veterinary medicine in the state.
B. All persons performing poultry disease diagnostic services or field tests within the state are required to report to either the official state agency of NPIP or the state veterinarian within 48 hours the source of all poultry specimens from which
S. gallinarum
is isolated or from which positive field tests are obtained.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.9 - INTERSTATE MOVEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Poultry shipped into the state of New Mexico shall be accompanied by either an official health certificate issued by an accredited veterinarian within ten (10) days of shipment, or a VS form 9-2, indicating the flock of origin is actively enrolled in the state NPIP program and is negative or clean for pullorum-typhoid.
B. The required health certificate shall state the poultry have been inspected and are free of evidence of infectious or contagious disease and have tested negative for pullorum-typhoid within 90 days prior to shipment, or they originated from flocks or hatcheries which have met the pullorum-typhoid requirements of the NPIP.
C. Poultry under four months of age and hatching eggs will be exempt from this section if from a NPIP, or equivalent, hatchery and accompanied by a VS form 9-3 or USDA-APHIS-VS form 17-6.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 34 - DAIRY AND EGG PRODUCERS › Part 20 - NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM › Section 21.34.20.10 - EXHIBITION POULTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Poultry entered in shows that are determined to be intrastate are exempt from Subsection B through F of 21.34.16.10 NMAC below if the number of poultry in the show is less than 50 total birds. Shows with 50, or more, total birds will be required to follow Subsecrion B through F of 21.34.16.10 NMAC below in the succeeding year. All poultry imported from out of state for exhibiting purposes must comply with rules Subsections B through F of 21.34.20.10 NMAC below regardless of the size of the show entered.
B. All poultry being exhibited in New Mexico shall be free of visible evidence of disease.
C. All exhibition poultry shall have tested negative for pullorum-typhoid within 90 days prior to exhibition and have the results recorded on VS form 9-2, or official form from the state of origin certifying that the testing was done by an authorized agent of that state.
D. The testing required in Subsection C of 21.34.20.10 NMAC above is not necessary if, the poultry have originated from flocks which have met the pullorum-typhoid requirements of the NPIP and have originated from flocks not known to be infected with or have any evidence of infectious or contagious diseases.
E. Poultry qualifying under Subsections C or D of 21.34.20.10 NMAC above may be imported for exhibition purposes without an official health certificate if accompanied by an approved state form or NPIP form 9-2.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 2 - SHEEP AND GOAT ASSESSMENT › Section 21.35.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Sheep and Goat Council.
[MSC 5600, P.O. Box 30005, Las Cruces, NM 88005, Telephone
				  (575) 646-4929]
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 2 - SHEEP AND GOAT ASSESSMENT › Section 21.35.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the council assessment to be paid by
				  owners/producers of New Mexico sheep and haired goats.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 2 - SHEEP AND GOAT ASSESSMENT › Section 21.35.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the New Mexico sheep and goat council under the
				  New Mexico Sheep and Goat Council Act, Chapter 77, Article 8A, Section 1-11,
				  NMSA 1978 Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 2 - SHEEP AND GOAT ASSESSMENT › Section 21.35.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Board" means
				the New Mexico livestock board.
B.
				"Council" means the New Mexico sheep and goat council.
C. "Producer" means any person engaged in the
				business of raising, breeding, feeding orgrowing sheep or haired
				goats.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 2 - SHEEP AND GOAT ASSESSMENT › Section 21.35.2.8 - ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council
				assessment rate is set at fifty cents ($.50) per head for all sheep and haired
				goats in New Mexico.
B. The council
				assessment will be collected by the board at the time ownership of the animals
				is transferred.
C. Any producer who
				has paid a council assessment is entitled to a refund of the amount paid by
				making written application to the council. Refunds shall be made within thirty
				(30) days of the date of request.
D. The refund application will be provided by
				the board.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 3 - HUMANE HANDLING OF LIVESTOCK BY LIVESTOCK MARKETS AND FACILITIES › Section 21.35.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All owners and operators of livestock markets, stockyards, market agencies, dealers, rest stations and rendering plants.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 3 - HUMANE HANDLING OF LIVESTOCK BY LIVESTOCK MARKETS AND FACILITIES › Section 21.35.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 77-2-7, 77-2-22, 77-9-3, 77-9-4, 77-10-2, 77-10-3, 77-10-8, 77-10-10, NMSA 1978 and such other regulatory authority as provided in Chapter 77 NMSA 1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 3 - HUMANE HANDLING OF LIVESTOCK BY LIVESTOCK MARKETS AND FACILITIES › Section 21.35.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2024, unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 3 - HUMANE HANDLING OF LIVESTOCK BY LIVESTOCK MARKETS AND FACILITIES › Section 21.35.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Animal"
means livestock including cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids and farmed cervidae.
B.
"Board"
means the New Mexico livestock board.
C.
"Facilities"
means livestock markets, stockyards, market agencies, dealers, rest stations and rendering plants.
D.
"Humanely euthanized"
means to kill by mechanical method (gunshot or captive bolt) or chemical method that rapidly and effectively renders the animal insensitive to pain.
E.
"Livestock market"
means any facility in the state of New Mexico, which is used for the purpose of holding consignment sales of livestock.
F.
"Non-ambulatory animal"
means an animal that is unable to stand and walk without assistance.
G.
"Operator"
means a person in control of the management or operation of a livestock auction market, including a licensee under Article 10 of Chapter 77.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 3 - HUMANE HANDLING OF LIVESTOCK BY LIVESTOCK MARKETS AND FACILITIES › Section 21.35.3.8 - REQUIRED CONDUCT BY LIVESTOCK AUCTION MARKET

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator shall not buy, sell or receive a non-ambulatory animal.
B. An operator shall not process, butcher or sell meat or products of non-ambulatory animals.
C. An operator shall not hold a non-ambulatory animal without taking immediate action to humanely euthanize the animal or to provide immediate veterinary treatment.
D. An operator shall not, at any time, either while the animal is on the premises or in transit, drag or push with equipment a non-ambulatory animal. Such animal must be moved with a sling, a stoneboat or other sled-like or wheeled conveyance, a soft-lay rope, a padded cable or chain or a web type belt (no bare chains). Once a vehicle has entered the official premises of the establishment, it is considered to be within the operator's premises.
E. An operator shall not consign, ship or accept any non-ambulatory animal for transporting or delivering.
F. An operator is responsible for the wrongful acts or omissions of agents and employees.
G. An operator must adequately train and supervise agents and employees to assure that such agents and employees do not engage in wrongful conduct.
H. Any violation of this rule or any other rule of the board will subject the licensee to criminal penalties and license revocation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 3 - HUMANE HANDLING OF LIVESTOCK BY LIVESTOCK MARKETS AND FACILITIES › Section 21.35.3.9 - REQUIRED CONDUCT BY FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Livestock markets, stockyards, market agencies, dealers, rest stations and rendering plants are subject to the requirements of 21.35.3.8 NMAC and must adhere to those requirements; provided, however, that rendering plants may process, butcher and sell meat or products of non-ambulatory animals so long as they do not engage in those activities for purpose of human consumption.
B. Any violation of this rule or any rules of the board or of the Chapter 77 NMSA 1978 will subject the offender to criminal penalties as provided in Chapter 77 NMSA 1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 4 - LIVESTOCK MARKETS AND FACILITIES › Section 21.35.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All owners and operators of livestock markets in New Mexico and all owners, transporters or handlers of livestock in the state of New Mexico and those that apply to bring livestock into the state for the purpose of selling or buying livestock at any New Mexico livestock market. Additional requirements for livestock owners governing livestock business activities can be found in 21.30, 21.32, 21. 33, and 21. 34 NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 4 - LIVESTOCK MARKETS AND FACILITIES › Section 21.35.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the New Mexico livestock board.
B.
"Director"
means the executive director of the New Mexico livestock board.
C.
"Inspector"
means any duly authorized or commissioned officer of the livestock board.
D.
"Livestock"
means cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids and farmed cervidae.
E.
"Livestock market owner"
means any person, persons, corporation or organization operating for business or charity a facility for the purpose of consignment sales of livestock.
F.
"Livestock market"
means any facility in the state of New Mexico, which is used for the purpose of holding consignment sales of livestock.
G.
"New Mexico livestock"
means any livestock raised or pastured or fed within the state of New Mexico.
H.
"Official Identification"
means an electronic or visual ear tag with a 15-digit number beginning with "840", a USDA silver metal identification tag, a USDA orange metal calfhood brucellosis vaccination tag, a breed registry tattoo with proof of registration, or other identification as approved by the New Mexico state veterinarian.
I.
"Person"
means an individual, partnership, association or operation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 4 - LIVESTOCK MARKETS AND FACILITIES › Section 21.35.4.8 - LIVESTOCK MARKET LICENSE AND LICENSEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person desiring to operate a livestock market in New Mexico shall file an application for a license with the director on such form or forms as the director shall prescribe, which application shall be signed by the applicant.
B. Every license issued by the director to a livestock market operator shall expire one year from the date of issuance. Renewal of such license shall be made on renewal forms as prescribed by the board.
C. The director may extend licenses for a portion of a calendar year, in order to synchronize the periods of all licenses, so that the one year period of issue coincides with the calendar year.
D. The license issued by the director to any livestock market owner for the operation of a livestock market, shall specify the day or days of the week on which the sale or sales will be conducted at that market.
E. The board will cooperate with the United States department of agriculture, packers and stockyards administration, to insure that the livestock market owner has met the requirements for bonding and approval under the federal codes, prior to issuing the license.
F. Special sales may be held on days or dates not specified in said license upon written application being submitted to the director, at least fifteen days prior to the scheduled date of the special sale.
G. The market owner shall display the license in a prominent place visible to the public.
H. Violation of any rule or statute on livestock market property by owner, agent, operator or employee may result in suspension or revocation of license.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 4 - LIVESTOCK MARKETS AND FACILITIES › Section 21.35.4.9 - INSPECTION AND TESTS AT LIVESTOCK MARKETS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All livestock received at a livestock market may be inspected for health by a veterinarian of the board, or its authorized agent.
B. In conducting such inspections of any livestock in the possession of the livestock market operator, such board veterinarian, or its agent, is authorized to make such tests and to require the administration of such preventative or curative treatment, as the veterinarian shall deem necessary to prevent the spread of livestock disease.
C. The tests and treatments which are required as part of this section shall be accomplished at the owner's expense.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 4 - LIVESTOCK MARKETS AND FACILITIES › Section 21.35.4.10 - TRANSPORTING LIVESTOCK EXPOSED OR AFFECTED BY CONTAGIOUS AND INFECTIOUS DISEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any livestock exposed or affected by a contagious and infectious disease and so certified by the veterinarian of the board, or its authorized agent, shall be immediately quarantined.
B. It shall be unlawful for anyone to move or transport any livestock from the livestock market or quarantined area.
C. The veterinarian of the board, or its authorized agent, shall notify the operator of the market in writing that no movement or transporting of the quarantined livestock is permitted.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 4 - LIVESTOCK MARKETS AND FACILITIES › Section 21.35.4.11 - BRUCELLOSIS TESTS OF CATTLE AT LIVESTOCK MARKETS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Test eligible cattle originating from any zone, area, county or state determined by the USDA or the New Mexico state veterinarian to be high-risk for bovine brucellosis and entering New Mexico through specifically approved livestock markets may be required to be tested for brucellosis.
B. Reactors to the presumptive brucellosis test shall be quarantined at the market pending completion of confirmatory testing and final determination of brucellosis status.
C. Reactors as determined by confirmatory testing, shall either be B branded, or sealed by metal seal in the truck transporting them to slaughter and documented correctly on a USDA veterinary services form 127.
D. After the reactors are removed, the remaining cattle in the shipment may be returned to premises of origin under quarantine, or be S branded and sent directly to an approved feedlot or slaughter.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 4 - LIVESTOCK MARKETS AND FACILITIES › Section 21.35.4.12 - INSPECTION OF CATTLE AND TAGGING AT LIVESTOCK MARKETS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All livestock entering a livestock market shall be inspected by a livestock inspector or authorized agent of the board, for brands and ownership and that inspection shall be documented upon the certificate prescribed by the board.
B. The livestock board shall provide tags of identification to be applied as directed by the New Mexico livestock board. The tag shall be placed on the upper section of the shoulder area of all cattle tagged at such markets. The tag number and the brand identification data for animals shall be properly entered on the certificate prescribed by the board. All sexually intact dairy cattle four months of age or older, sexually intact beef cattle 18 months of age or older and all Mexican-origin (M-branded) cattle shall be individually identified by official identification, with such identification recorded on the certificate.
C. For the inspections conducted at markets, the board shall charge the fees prescribed by law and board rules for inspection of livestock.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 5 - CATTLE AND SHEEP REST STATIONS › Section 21.35.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All owners and operators of livestock rest stations and facilities used as rest stations and all owners, transporters, or handlers of livestock in the state of New Mexico and those that bring livestock into the state for any reason and utilize the services provided by rest stations. Additional requirements for livestock owners governing livestock business activities can be found in Title 21, Chapters 30, 32, 33, & 34 of the NMAC.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 5 - CATTLE AND SHEEP REST STATIONS › Section 21.35.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 77-2-7, 77-3 and 77-9A-1 through 77-9A-5 NMSA 1978.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 5 - CATTLE AND SHEEP REST STATIONS › Section 21.35.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the New Mexico livestock board.
B.
"Bond"
means cash or an insurance agreement from a New Mexico licensed surety or insurance corporation pledging surety for financial loss caused to another, including certificate of deposit, irrevocable letter of credit or other surety as may be approved by the United States department of agriculture, packers and stockyards administration or the board.
C.
"Cattle or sheep rest station owner"
means any person, persons, corporation, or organization operating a cattle rest station.
D.
"Cattle rest station"
means any facility in the state of New Mexico, which is used for the purpose of receiving and holding for rest, feeding, watering cattle, which are in transit within or through New Mexico.
E.
"Director"
means the executive director of the New Mexico livestock board.
F.
"Inspector"
means any duly authorized or commissioned officer of the livestock board.
G.
"Livestock"
means cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids, and farmed cervidae.
H.
"New Mexico livestock"
means any livestock raised or pastured or fed within the state of New Mexico.
I.
"Person"
means an individual, partnership, association, or operation.
J.
"Sheep rest station"
means any facility in the state of New Mexico, which is used for the purpose of receiving and holding for rest, feeding, or watering sheep or goats, which are in transit within or through New Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 5 - CATTLE AND SHEEP REST STATIONS › Section 21.35.5.8 - LICENSING OF REST STATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Cattle and sheep rest stations shall be licensed and bonded in accordance with Section 77-9A-2, NMSA 1978. The licensed shall renewed annually. The bond shall be in an amount of $10,000.00.
B. The NM livestock board or it's inspector shall be notified upon arrival of all shipments entering a cattle or sheep rest station. An inspection of the cattle, sheep or goats may be conducted by a livestock inspector, or his authorized agent.
C. All cattle, sheep or goats entering a cattle or sheep rest station on direct shipment from outside the continental United States, must be accompanied by an official form issued by a federal official of the U.S.D.A. showing the current health status of the shipment, indicating the type of inspection and treatment administered prior to entry, and indicating the destination of the shipment. If the cattle, sheep or goats crossed at Santa Teresa or Columbas, they must also be accompanied by the New Mexico livestock board inspection certificate issued at the port of entry.
D. All cattle, sheep or goats entering a cattle or sheep rest station from a state within the continental United States shall be accompanied by an official certificate issued by an accredited veterinarian, state, or federal official of the that state of origin, which certificate shall indicate the current health status, the place of origin, and the destination of the shipment.
E. The owner or operator of the cattle or sheep rest station shall provide a book to be used expressly by him of his agent for the purpose of recording the following information for each consignment of cattle or sheep entering the rest station:
(1) date and time of arrival;
(2) origin of the shipment;
(3) name and address of the importer, consignor, or shipper;
(4) name of the carrier upon arrival and departure;
(5) number and class of livestock;
(6) livestock identification (brands, eartags, etc);
(7) name and address of consignee;
(8) place of destination (city and state); and date and time of departure from the cattle or sheep rest station.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 6 - ANIMAL ENTERPRISE PROTECTION › Section 21.35.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  77-2-1,
				  77-2-7,
				  77-2-22
				  and such other regulatory authority as provided in Chapter 77 NMSA 1978.
				  Additional authority is the federal Animal Enterprise Terrorism Act,
				  18 U.S.C.
				  Section 43 and decisional authority under
				  that penal statute and its predecessor Animal Enterprise Protection Act. See
				  United States v. Fullmer, 584 F.3d 132 (3d Cir.), cert denied, Kjonaas v.
				  United States, 2011 U.S. LEXIS 1930 (2011); United States v. Buddenberg, 2009
				  U.S. Dist. LEXIS 100477 (N.D. Cal. 2009).
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 6 - ANIMAL ENTERPRISE PROTECTION › Section 21.35.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To afford livestock animal enterprises in New Mexico
				  protection against animal enterprise terrorism. These regulations do not, nor
				  could they, undermine or detract in any manner from the force and effect of
				  federal law, which provides protection to animal enterprises under
				  18 U.S.C.
				  Section 43, together with any other
				  applicable federal penal laws, such as stalking, conspiracy, and the use of
				  telecommunications devices to abuse, threaten and harass. These regulations do
				  not, nor could they, undermine or detract in any manner from the force and
				  effect of applicable state law.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 6 - ANIMAL ENTERPRISE PROTECTION › Section 21.35.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Animal" means
				livestock including cattle, sheep, swine, bison, goats, horses, mules, asses,
				poultry, ratites, camelids and farmed cervidae.
B. "Board" means the New Mexico livestock
				board.
C. "Immediate family member"
				means the spouse, parent, brother or sister, child or person to whom he stands
				in loco parentis, or any other person living in his household and related to
				him by blood or marriage.
D.
				"Livestock animal enterprise" means a commercial or academic enterprise that
				uses or sells livestock animals or livestock animal products for profit, food
				or fiber production, agriculture, education, research, testing, breeding; rodeo
				or other lawful competitive animal event; or a fair or similar event intended
				to advance agricultural arts and sciences. The term "livestock animal
				enterprise" also includes persons, firms and entities licensed by the New
				Mexico livestock board, including licensed horse rescues, licensed meat
				dealers, licensed slaughterers, and licensed livestock auction
				markets.
E. "Serious bodily injury"
				means injury posing a substantial risk of death; extreme physical pain;
				protracted and obvious disfigurement or protracted loss or impairment of the
				function of a bodily member, organ or mental faculty.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 6 - ANIMAL ENTERPRISE PROTECTION › Section 21.35.6.8 - PROHIBITION AGAINST FORCE, VIOLENCE AND THREATS INVOLVING LIVESTOCK ANIMAL ENTERPRISES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Whoever, for the purpose of damaging or interfering with the operations of a
				livestock animal enterprise, and in connection with such purpose:
(1) intentionally damages any real or
				personal property, intentionally causes to suffer or contributes to the
				suffering or prolonged suffering of any livestock animal or intentionally
				causes the loss of any real or personal property (including livestock animals
				or records) used by a livestock animal enterprise, or any real or personal
				property of a person or entity having a connection to, relationship with, or
				transactions with a livestock animal enterprise;
(2) intentionally places a person in
				reasonable fear of the death of, or serious bodily injury to, thatperson, a
				member of the immediate family of that person, or a spouse or intimate partner
				of that person by conduct involving threats, acts of vandalism, property
				damage, criminal trespass, harassment, or intimidation; or
(3) violates the criminal laws of this state,
				including, without limitation, the criminal trespass statute at NMSA 1978,
				Section
				30-28-1;
				the harassment and stalking statutes at NMSA 1978, Sections
				30-3A-2, -3
				and -3.1; and the computer abuse statute at NMSA 1978, Section
				30-45-4; shall be
				punished as provided in NMSA 1978, Section
				77-2-22
				(providing a misdemeanor penalty, unless otherwise provided by law, for persons
				who violate board rules).
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 7 - NM BEEF COUNCIL STATE ASSESSMENT COLLECTION PROCEDURES › Section 21.35.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Beef Council, 1209 Mountain Road Pl. NE, Suite C,
				  Albuquerque, NM 87110, (505) 841- 9407.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 7 - NM BEEF COUNCIL STATE ASSESSMENT COLLECTION PROCEDURES › Section 21.35.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes the council assessment to be paid by
				  owners/producers of New Mexico cattle upon the transfer of
				  ownership.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 7 - NM BEEF COUNCIL STATE ASSESSMENT COLLECTION PROCEDURES › Section 21.35.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Granted to the New Mexico Beef Council under the New Mexico
				  Beef Council Act, Chapter 77, Article 2A, Section 1-9 NMSA 1978
				  Compilation.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 7 - NM BEEF COUNCIL STATE ASSESSMENT COLLECTION PROCEDURES › Section 21.35.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2019, unless a later date is cited at the end of the
				  section.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 7 - NM BEEF COUNCIL STATE ASSESSMENT COLLECTION PROCEDURES › Section 21.35.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Council assessment"
means an assessment levied
				  and imposed upon all cattle involved in a transfer of ownership in New
				  Mexico.
New Mexico Administrative Code › Title 21 - AGRICULTURE AND RANCHING › Chapter 35 - LIVESTOCK MARKETING › Part 7 - NM BEEF COUNCIL STATE ASSESSMENT COLLECTION PROCEDURES › Section 21.35.7.8 - ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The council
				assessment rate is set at one dollar ($1.00) per head.
B. The council assessment will be collected
				in accordance with Subsection A of Section
				77-2A-7.1
				NMSA 1978.
C. Any producer who
				elects to not particpate in the council assessment shall do so by opting out in
				accordance with Subsection B of Section
				77-2A-7.1
				NMSA 1978.
D. Refunds of the
				council assessment shall be conducted in accordance with Section
				77-2A-7.3
				NMSA 1978
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 2 - PAROLE HEARINGS › Section 22.510.2.8 - PAROLE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				provisions of Paragraph I [now Subsection A of 22.510.2.8 NMAC] apply to
				persons serving determinate sentences for crimes committed on or after July 1,
				1979, except for persons serving indeterminate life sentences for crimes
				committed on or after July 1,1979.
(1) The
				purpose of a regular parole hearing with regard to inmates in this category is
				to set conditions of parole and to consider an appropriate parole plan for the
				inmate.
(2) Inmates should appear
				before the board at least 90 days before their anticipated release on parole,
				except that an inmate who is trying to secure an out-of-state parole plan
				should appear at least 120 days before the board prior to his anticipated
				release date. (Regularly scheduled appearance dates are determined by the
				institution where the inmate is incarcerated).
(3) Legal counsel for a prospective parolee
				is not permitted in a regular parole hearing. Visitors will not be permitted
				unless cleared by the chairman with consent of the other board
				members.
(4) Inmates will be
				informed of the parole board's decision within five (5) working days from the
				date of the hearing, unless the board informs the inmate that it will require
				more time to set parole conditions and to consider an appropriate parole
				plan.
(5) Minutes of regular parole
				hearings will be kept by one of the board members or a designated staff
				person.
(6) If it appears during a
				regular hearing that a translator and/or interpreter is needed in order that
				the inmate may communicate to the board and understand the proceedings, the
				board will provide one.
(7) Regular
				parole hearings will be held at regularly scheduled times at the New Mexico
				penitentiary, satellite facilities or other places where New Mexico inmates are
				being confined.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Parole Board.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 3 apply to persons subject to the granting of parole, denial of parole, revocation or recission of parole and to the discharge of parole.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Paragraph 8 of Subsection B of Section  31-21-25 NMSA 1978.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 9, 2021, unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To qualify the application of Subsection A of 22.510.3.8 and its exclusion of persons serving indeterminate life sentences who were under the age of eighteen (18) at the time their crime was committed, which relates to the enactment of 22.510.17.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.7 - DEFINITION

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 3 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE › Section 22.510.3.8 - POLICY STATEMENT PERTAINING TO THE GRANTING OF PAROLE, DENIAL OF PAROLE, REVOCATION OR RESCISSION OF PAROLE AND TO THE DISCHARGE OF PAROLEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The provisions of Subsection A of 22.510.3.8 NMAC apply to persons serving determinate sentences for crimes committed on or after July 1, 1979, except for persons serving indeterminate life sentences for crimes committed on or after July 1,1979.
(1) Before release of an individual in this category, the board shall furnish to each inmate, as a prerequisite to his release under its supervision, a written statement of the conditions of parole which will be accepted and agreed to by the inmate as evidenced by his signature affixed to a duplicate copy to be retained in the files of the board. The board shall also require, as a prerequisite to release, the submission and approval of a parole plan which shall include, unless waived by the board, evidence of having secured gainful employment or satisfactory evidence of self support.
(2) In setting conditions of parole and in approving a parole plan for the inmate, the following factors will be considered by the board:
(a) the inmate's employment history and his occupational skills and training, both civilian and/or military, and any skills he may have attained while in the corrections system;
(b) the inmate's plans, including proposed residence, proposed employment and other intended pursuits when released;
(c) the inmate's past use of narcotics, other controlled substances or excessive use of alcohol;
(d) any pre-sentence or pre-release investigative reports prepared in with accordance with Section  31-21-9 NMSA 1978;
(e) the inmate's criminal record, including parole and probation history;
(f) reports of physical and mental examinations as have been made, conclusions and recommendations made therein;
(g) whether the inmate should be paroled for hospitalization/treatment;
(h) the inmate's institutional record;
(i) the availability of community resources to assist the inmate when paroled;
(j) whether or not parole costs are required to be included as a parole condition for a crime committed on or after June 19,1981, and the amount thereof;
(k) whether or not victim restitution has been ordered by the court with accordance with Section  31-17-1 NMSA 1978;
(l) any other factor which is deemed relevant by the board in a particular case.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 4 - REVIEW AFTER INITIAL DENIAL › Section 22.510.4.8 - EARLY REVIEW AFTER INITIAL DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Paragraph I [now 22.510.4.8 NMAC] apply to
				  persons serving indeterminate sentences for crimes committed prior to July 1,
				  1979, and to persons serving indeterminate life sentences for crimes committed
				  on or after July 1, 1979. An inmate who has received an initial hearing and has
				  been denied a parole may request an early review in the following
				  manner:
A. submit request through
				caseworker;
B. request and
				caseworker's recommendation will be submitted to the parole board;
C. in all instances the request for a review
				will state the compelling reason, if any, or the reasons for the requested
				review;
D. the parole board will
				advise applicant in writing of its decision.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 5 - SUPPORT SUPERVISORY RELEASE CRITERIA › Section 22.510.5.8 - SUPPORT SUPERVISORY RELEASE CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of the rule apply only to inmates serving
				  indeterminate sentences for crimes committed prior to July 1, 1979. There is
				  hereby adopted by the parole board the following practice to be applied in
				  those instances where a resident of the New Mexico penitentiary is approaching
				  a final release date, and to be followed only in those instances where the
				  final release date is a minimum of six (6) months. (This program involves
				  considering parole for those inmates who have previously been denied parole but
				  who will "final out" their sentences within six (6) months. Such releases are
				  made on the theory that it is more appropriate to release "poor parole" risks
				  under some form of supervision rather than to release them without any
				  supervision at the termination of their sentences.)
A. A petition, which may be by letter, shall
				be submitted to the parole board seeking consideration under this procedure. In
				all instances the petition shall be accompanied with the recommendations of the
				case manager.
B. To be considered
				for this program, the petitioner must meet the minimum parole eligibility
				requirements.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 6 - WAIVER OF PAROLE HEARINGS › Section 22.510.6.8 - WAIVER OF PAROLE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The provisions of Paragraph I [now Subsection A of 22.520.6.8 NMAC] apply to
				inmates serving indeterminate sentences for crimes committed prior to July 1,
				1979, and to persons serving indeterminate life sentences for crimes committed
				on or after July 1, 1979. Any inmate may waive, in writing, his initial or any
				subsequent parole hearing by signing the appropriate form.
B. The provisions of this paragraph [now
				Subsection B of 22.510.6.8 NMAC] apply to persons serving determinate sentences
				for crimes committed on or after July l, 1979. Any inmate in this category may
				waive, in writing, his right to a parole hearing and this has the effect of
				requiring him to serve his parole time in incarcerated status. He will
				discharge what would otherwise be his parole term in incarcerated status
				unless, prior to such time, he evidences his acceptances and agreement to the
				conditions of parole as required.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 7 - WAIVER OF PAROLE HEARING BY OUT-OF-STATE INMATE › Section 22.510.7.8 - WAIVER OF PAROLE HEARING BY OUT-OF-STATE INMATE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this rule [now 22.510.7 NMAC] apply to all
				  inmates. Any inmate serving a New Mexico sentence, whether or not concurrent
				  with a sentence served in a jurisdiction other than New Mexico in an
				  out-of-state or federal institution, may waive his initial or other appearance,
				  before the parole board by signing a waiver of personal or other appearance and
				  the board will review his case administratively and enter a decision. The board
				  will notify the inmate, in writing, of its decision.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 8 - VENUE FOR TRANSACTION OF PAROLE BOARD HEARING › Section 22.510.8.8 - VENUE FOR TRANSACTION OF PAROLE BOARD HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this rule [now 22.510.8 NMAC] apply to all
				  inmates. Parole board hearings will be held at the following places, as
				  applicable:
A. penitentiary of New
				Mexico;
B. satellite facilities
				established by the corrections department;
C. New Mexico state hospital, forensic
				hospital;
D. at the main office of
				the parole board;
E. at any place
				or jurisdiction where New Mexico inmates are confined.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 9 - VOTING ON GRANTING A PAROLE, SETTING PAROLE CONDITION AND VOTING ON PAROLE REVOCATION › Section 22.510.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Parole Board.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 9 - VOTING ON GRANTING A PAROLE, SETTING PAROLE CONDITION AND VOTING ON PAROLE REVOCATION › Section 22.510.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[Filed December 2, 1982]
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 9 - VOTING ON GRANTING A PAROLE, SETTING PAROLE CONDITION AND VOTING ON PAROLE REVOCATION › Section 22.510.9.8 - VOTING ON GRANTING A PAROLE, SETTING PAROLE CONDITIONS AND VOTING ON PAROLE REVOCATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this rule [now 22.510.9 NMAC] apply to all
				  inmates and all parolees. A majority of two board members is required to grant,
				  deny, revoke a parole, or set parole conditions or approve a parole plan. If
				  only two members of the board are present at any hearing and a tie vote
				  results, then the matter will be deferred and resubmitted to the full board for
				  decision.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 10 - REMOVING OR ADDING PAROLE CONDITIONS › Section 22.510.10.8 - REMOVING OR ADDING PAROLE CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this paragraph [now 22.510.10.8 NMAC] apply
				  to all parolees. Any parolee, by going through his parole officer, may request
				  that a condition of parole be removed, but the request must have the
				  recommendation of his parole officer. The parole officer who wishes to add or
				  remove any condition of parole, must have the parole board's permission to
				  change the parolee's certificate. In some cases, a personal interview may be
				  requested. In all instances, the request for addition or removal of parole
				  conditions must state the reasons for the change.
New Mexico Administrative Code › Title 22 - COURTS › Chapter 510 - PAROLE › Part 11 - APPOINTING AN ACTING CHAIRMAN › Section 22.510.11.8 - PAROLE BOARD ACTING CHAIRMAN

Current through Register Vol. 35, No. 13, July 16, 2024
When the chairman is unavailable, he shall designate one
				  member of the board to be acting chairman.