Chapter 77 — Chapter 77

transfer of property. A. In order to achieve the purposes set forth in Section 1 [77-2-1 NMSA 1978], there is hereby created a board to be known as the "New Mexico livestock board." The New Mexico livestock board shall have all powers which have heretofore been held by the cattle…

ANNOTATIONS Repeals. — Laws 1999, ch. 282, § 104 repealed 77-2-20 NMSA 1978, as amended by Laws 1903, ch. 1, § 2, relating to livestock epidemics and issuance of bonds, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

All fees and charges collected pursuant to the provisions of The Livestock Code shall be paid to the executive director of the board to be deposited in the New Mexico livestock board general fund, hereby created. All fees and charges deposited in the New Mexico livestock board ge…

Any person who violates a rule adopted under the power granted to the board unless the penalty has been fixed by law 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 1933, ch. 53, § 2; …

There is created the "interim receipts and disbursements fund". All money received by the board from tax levies authorized by this article shall be credited to this fund and deposited in a designated bank in the name of the board. Money shall be disbursed from this fund only upon…

overhead. No appropriation for the board shall include an item for general administrative overhead. No charge for general administrative overhead shall be assessed against or appropriated out of the interim receipts and disbursement fund or from any other fund or money administer…

ANNOTATIONS Repeals. — Laws 1993, ch. 248, § 80 repealed 77-2-27 NMSA 1978, as enacted by Laws 1959, ch. 291, § 5, relating to the earmarking of moneys collected by the cattle sanitary board for an interim receipts and disbursements fund, effective June 18, 1993. For provisions o…

ANNOTATIONS Repeals. — Laws 2005, ch. 208, § 27 repealed 77-2-28 NMSA 1978, as enacted by Laws 1981, ch. 5, § 1, relating to termination of the livestock board and repeal of Article 2 of Chapter 77, effective June 17, 2005. For provisions of former section, see the 2004 NMSA 1978…

The following fees shall be fixed by the board for services rendered pursuant to the provisions of The Livestock Code: A. an inspection or permit fee not to exceed one dollar ($1.00) per head to be charged for the importation or exportation of sheep and goats pursuant to Section …

qualifications; terms; meetings. A. The New Mexico livestock board is established to govern the livestock industry of the state in the manner required by law. B. The New Mexico livestock board shall be composed of nine members appointed by the governor and adequately representing…

powers and duties; fees. A. As used in this section, "facility" means an equine rescue or retirement facility, including a private reserve or private preserve, that advertises or solicits for equines and provides lifelong care or finds new owners for equines that are unwanted or …

reinspection. A. Prior to annual registration, each facility shall be inspected in accordance with board rules. B. The board or its agents may enter the premises of a facility to conduct unannounced inspections. C. If, following an inspection, the board determines that the facili…

A. The "equine shelter rescue fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and amounts designated pursuant to Section 7-2-30.7 NMSA 1978 [repealed]. The board shall administer the fund, and money in t…

The members of the New Mexico livestock board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: 1953 Comp., § 47-23-4, enacted by Laws 1967, ch. 21…

It shall be the duty of the board during the first week in December of each year to transmit to the governor a report of its activities for the previous calendar year. This report shall contain a detailed account of all of the receipts and expenditures of money by the board, toge…

agriculture. The board is attached for coordinative purposes to the New Mexico department of agriculture. The board shall execute a memorandum of understanding with the director of the New Mexico department of agriculture, identifying areas for cooperation and coordination of the…

In addition to the powers transferred from the cattle and sheep sanitary boards, the board may: A. exercise general regulatory supervision over the livestock industry of this state in order to protect the industry from theft and diseases and in order to protect the public from di…

Brands recorded in accordance with the provisions of Section 77-9-10 [77-2-7.4] NMSA 1978 are personal property of the person in whose name they are recorded. Ownership may be transferred in the same manner as other personal property. The fee for recording a transfer of ownership…

The board shall have the power to reject any brand offered for record under the provisions of Section 77-9-16 [77-2-7.9] NMSA 1978 when upon satisfactory evidence it is shown to the board that the same is offered for or is of such character that may be used for malicious or decep…

The time of record of any brand by the owner in the county wherein the brand was originally recorded before the creation of the board shall determine the priority of right and property in the brand and not the time of filing with the board, provided the brand has been continuousl…

A. The board shall cause all brands now on record to be re-recorded whenever the board deems necessary to clear records of unused brands. For this purpose, the board shall mail a notice, addressed to each owner of a brand now of record with the board at the current address shown …

Except as otherwise authorized by the board, the board is the sole authority for the registration of brands, marks or electronic identification on livestock in this state. History: Laws 1895, ch. 6, § 4; C.L. 1897, § 109; Code 1915, § 120; C.S. 1929, § 4- 1406; 1941 Comp., § 49-9…

The board shall keep a suitable record of all registered brands, marks and electronic identification used for the identification of livestock in this state. History: Laws 1895, ch. 6, § 5; C.L. 1897, § 110; Code 1915, § 121; C.S. 1929, § 4- 1407; 1941 Comp., § 49-907; 1953 Comp.,…

A. A brand shall not be used until recorded. A facsimile of the brand and a recording fee fixed by the board shall be forwarded to the director. One certified copy of the recorded brand shall be furnished to the owner of the brand by the director when the brand is recorded. B. Th…

The fees for recording or researching brands and for furnishing certified copies of the recording or research shall be placed to the credit of the New Mexico livestock board interim receipts and disbursements fund. History: Laws 1905, ch. 30, § 1; Code 1915, § 124; C.S. 1929, § 4…

The director shall publish a brand book in which shall be given a facsimile or copy of all brands recorded in the office of the board, together with the owner's name and address. The board may publish if it deems best to do so a limited number of brand books in addition to the nu…

A. It is unlawful for an owner of livestock in originally marking or branding livestock to make use of or keep up more than one mark or brand; provided that an owner may own and possess livestock in different marks or brands if they were acquired by him by purchase or other lawfu…

Minors owning livestock separate from that of the parent or guardian may have a mark or brand, which shall be recorded in accordance with the requirement of The Livestock Code, but the parent or guardian shall be responsible for the proper use of the mark or brand by any minor. H…

renewal and fee; branding increase; offenses; penalty. An owner of livestock desiring to use in branding a brand not already recorded in the office of the board shall file with the director a facsimile of the desired brand. The owner may record the desired brands as holding brand…

The board may enter into contracts for research into and promotion of meat and meat products. The contracts shall carry provisions for financing, and the board may accept and expend voluntary contributions from any source to finance the contracts. The provisions of this section s…

laws. A. The board shall keep reports of its veterinarians and inspectors in accordance with the Public Records Act [Chapter 14, Article 3 NMSA 1978]. B. The board shall assist in the prosecution of persons charged with the violation of the livestock laws, including criminal laws…

Chapter 77, Article 2A NMSA 1978 may be cited as the "New Mexico Beef Council Act". History: Laws 1979, ch. 197, § 1; 1997, ch. 18, § 1.

As used in the New Mexico Beef Council Act: A. "board" means the New Mexico livestock board; B. "council" means the New Mexico beef council; C. "director" means the director of the New Mexico department of agriculture; D. "department" means the New Mexico department of agricultur…

There is created the "New Mexico beef council", consisting of nine members appointed by the director with the approval of the governor for terms of three years or less so that the terms of three members expire on June 30 of each year. Vacancies shall be filled by the director for…

All members of the council shall be producers, citizens of the United States and bona fide residents of New Mexico. Each member shall at the time of his appointment and during his entire term receive a substantial portion of his income from the branch of the business he represent…

The council shall elect annually a chairman, vice chairman and such other officers as it deems necessary from among its members. The council shall meet at least once each six months, and at such other times as it may be called by the chairman. The council may provide rules for re…

A. The council shall: (1) conduct marketing programs, including promotion, education and research programs relating to cattle and beef products; (2) submit to the director a detailed annual budget for the council on a fiscal year basis; (3) bond officers and employees of the coun…

In order to accomplish the purposes of the New Mexico Beef Council Act, the council is empowered to: A. receive any funds which may be returned to the New Mexico cattle industry as its share of assessments collected by a national beef industry research council or any similar enti…

A. There is levied and imposed upon all cattle involved in a transfer of ownership in this state an assessment to be called the "council assessment". The council assessment is to be fixed by the council at a rate of not more than one dollar ($1.00) per head. The board shall colle…

ANNOTATIONS Repeals. — Laws 1997, ch. 18, § 5 repealed § 77-2A-7.2 NMSA 1978, as enacted by Laws 1983, ch. 228, § 4, relating to termination of council assessment, effective June 20, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com.

Any person who has paid a council assessment is entitled to a refund of the amount paid by making written application therefor to the council. The application form shall be returned within thirty days after the inspection was made giving rise to the council assessment and shall c…

A. All funds received by the council shall be received and disbursed directly by the council. Such funds shall be audited in accordance with the provisions of the Audit Act [12-6-1 to 12-6-14 NMSA 1978]. The council is not required to submit vouchers, purchase orders or contracts…

Act. The council is exempt from the operation of the Procurement Code [13-1-28 to 13-1- 199 NMSA 1978] and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The council members and employees shall be subject to the Tort Claims Act [41-4-1 to 41-4- 27 NMSA 1978] and shall be pr…

A. The board may use all proper means to prevent the spreading of dangerous and fatal diseases among livestock and for the extirpation of such diseases. If a disease breaks out in the state, it is the duty of all persons owning or having in their charge livestock infected to imme…

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 …

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…

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 …

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 territo…

A. After the issuance of an emergency rule pursuant to the provisions of Section 77- 3-13 NMSA 1978 and while the emergency rule continues in force, it is unlawful for a person to drive or transport or cause to be driven or transported into this state any livestock that by any di…

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…