New Mexico Register / Volume XXXV,
Issue 13 / July 16, 2024
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 30 ANIMALS AND ANIMAL INDUSTRY GENERAL
PROVISIONS
PART 2 NEW MEXICO LIVESTOCK BOARD
GENERAL PROVISIONS
21.30.2.1 ISSUING AGENCY: New Mexico Livestock Board.
[21.30.2.1 NMAC - Rp, 21.30.2.1 NMAC 7/16/2024]
21.30.2.2 SCOPE: All owners, transporters, or handlers of
livestock in the state of New Mexico and those that apply to bring livestock
into the state for any reason.
Additional requirements for livestock owners governing livestock
business activities can be found in 21.32, 21.33 and 21.35 NMAC.
[21.30.2.2 NMAC -
Rp, 21.30.2.2 NMAC 7/16/2024]
21.30.2.3 STATUTORY AUTHORITY: Section 77-2-7 NMSA 1978.
[21.30.2.3 NMAC -
Rp, 21.30.2.3 NMAC 7/16/2024]
21.30.2.4 DURATION: Permanent.
[21.30.2.4 NMAC -
Rp, 21.30.2.4 NMAC 7/16/2024]
21.30.2.5 EFFECTIVE DATE: July 16, 2024 unless
a later date is cited at the end of a section.
[21.30.2.5 NMAC -
Rp, 21.30.2.5 NMAC 7/16/2024]
21.30.2.6 OBJECTIVE: To establish rules governing the general
operation of the New Mexico livestock board.
[21.30.2.6 NMAC -
Rp, 21.30.2.6 NMAC 7/16/2024]
21.30.2.7 DEFINITIONS:
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 or animal" means cattle,
sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids
and farmed cervidae.
E. "New Mexico livestock" means any
livestock raised or pastured or fed within the state of New Mexico.
F. "Person" means an individual,
partnership, association or operation.
[21.30.2.7 NMAC -
Rp, 21.30.2.7 NMAC 7/16/2024]
21.30.2.8 REMOVING ANIMALS FROM THE CUSTODY
OF THE BOARD:
A. No one shall be allowed to remove any animal, animals or
carcasses thereof, from the custody of any livestock inspector, or any person
designated by the board, who has taken up, seized or impounded the said animal,
animals, or carcasses, for the purpose of determining ownership, preventing
theft, trespass or the spread of disease or for any reason covered by the
existing laws of the state of New Mexico or rules and regulations of the board.
B. The provisions of
Subsection A of 21.30.2.8 NMAC above shall also apply to any livestock being
held by the board, under federal regulations, to prevent the spread of
dangerous disease.
C. The penalty for removing an animal, animals or carcasses
from the custody of the board shall be that which is set by statute for
violating a rule of the board.
[21.30.2.8 NMAC -
Rp, 21.30.2.8 NMAC 7/16/2024]
21.30.2.9 OFFICE OF THE NEW MEXICO LIVESTOCK
BOARD:
A. The main office of
the board shall be open for business eight and one-half hours each day that
state offices are open, unless otherwise determined by the executive director,
the appointed board or the governor.
B. The office will be open from 8:00 am until 4:30 pm and
will remain open through the noon hour, unless the hours are otherwise
announced by the executive director for some special situation.
[21.30.2.9 NMAC -
Rp, 21.30.2.9 NMAC 7/16/2024]
21.30.2.10 MEETING
BY TELEPHONE: Pursuant to
Subsection C of Section 10-15-1 NMSA 1978, any number of board members may
participate in a meeting of the board by means of a conference telephone or
other communications equipment under the following conditions:
A. meeting by telephone will not be considered the normal
accepted form of board business, and is intended only as an alternative to the
normal board meeting when conditions warrant;
B. meetings by telephone can only be authorized at the
discretion of the chairman of the board;
C. this part shall only apply when it is otherwise
impossible, difficult or impractical for the member or members to attend the
meeting in person;
D. such meetings will be advertised and facilitated in the
same manner as a normal board meeting under the public notice requirements;
E. each member participating by conference telephone must be
identified when speaking;
F. all participants must be able to hear each other at the
same time; members of the public attending the meeting must be able to hear any
board member who speaks during the meeting.
[21.30.2.10 NMAC -
Rp, 21.30.2.10 NMAC 7/16/2024]
HISTORY OF 21.30.2
NMAC:
Pre-NMAC History: The material filed in this part was derived
from that previously filed with the state records center and archives under:
NMLB 67-1, Cattle
Sanitary Board of New Mexico Instructions to Inspectors, filed 5/3/1967;
NMLB 70-1, Rules and
Regulations of the New Mexico Livestock Board, filed 3/11/1970;
NMLB 76-1, New
Mexico Livestock Board Rules and Regulations, filed 5/6/71976;
NMLB 69-2, Notice-All
NM Sheepmen re: branding, filed 12/10/1969;
NMLB 72-2,
Resolution re: Cattle Scabies Outbreak, filed 1/31/1972;
NMLB 72-3,
Resolution re: Cattle Scabies Outbreak, filed 1/31/1972;
NMLB 72-4,
Resolution re: Cattle Scabies Outbreak, filed 1/31/1972;
NMLB -1, New Mexico
Livestock Board Rules and Regulations, filed 10/17/1979;
NMLB -2, New Mexico
Livestock Board Rules and Regulations, filed 11/4/1981;
NMLB Rule No. 3, New
Mexico Livestock Board Rules and Regulations, filed 1/30/1985.
History of Repealed
Material: 21 NMAC 30.3 - New Mexico
Livestock Board - General Provisions (filed 1/28/1999) repealed effective
2/15/2010.
21.30.2 NMAC - New
Mexico Livestock Board - General Provisions (filed 2/15/2010) repealed
effective 7/16/2024.
Other History:
Only that applicable
portion of NMLB Rule No. 3, New Mexico Livestock Board Rules and Regulations
(filed 1/30/1985) was renumbered, reformatted, amended and replaced by 21 NMAC
30.2, New Mexico Livestock Board - General Provisions, effective 3/1/1999.
21 NMAC 30.2, New
Mexico Livestock Board - General Provisions (filed 1/28/1999) was renumbered,
reformatted, amended and replaced by 21.30.2 NMAC, New Mexico Livestock Board -
General Provisions, effective 2/26/2010.
21.30.2 NMAC - New
Mexico Livestock Board - General Provisions (filed 2/15/2010) Replaced by
21.30.2 NMAC - New Mexico Livestock Board - General Provisions effective
7/16/2024.