New Mexico Register / Volume XXXV, Issue 13 / July 16, 2024
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 30 ANIMALS AND ANIMAL INDUSTRY GENERAL PROVISIONS
PART 3 BOVINE BRUCELLOSIS
21.30.3.1 ISSUING AGENCY:
New Mexico Livestock Board.
[21.30.3.1 NMAC - Rp, 21 NMAC 30.3.1,
7/16/2024]
21.30.3.2 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 21.33 and 21.35 NMAC. Additional requirements for brucellosis
testing and transporting livestock can be found in 21.32.4 NMAC.
[21.30.3.2 NMAC - Rp, 21 NMAC 30.3.2,
7/16/2024]
21.30.3.3 STATUTORY AUTHORITY:
Section 77-2-7, 77-3, 77-4, 77-5, 77-8 and 77-9, NMSA 1978.
[21.30.3.3 NMAC - Rp, 21 NMAC 30.3.3,
7/16/2024]
21.30.3.4 DURATION: Permanent.
[21.30.3.4 NMAC - Rp, 21 NMAC 30.3.4,
7/16/2024]
21.30.3.5 EFFECTIVE DATE:
July 16, 2024, unless a later date is cited at the end of the section or
paragraph.
[21.30.3.5 NMAC - Rp, 21 NMAC 30.3.5,
7/16/2024]
21.30.3.6 OBJECTIVE: To establish
rules governing transportation and handling of livestock in New Mexico that
have been infected with or exposed to bovine brucellosis.
[21.30.3.6 NMAC - Rp, 21 NMAC 30.3.6,
7/16/2024]
21.30.3.7 DEFINITIONS:
A. "Board" means the
New Mexico livestock board.
B. "Director" means the
executive director of the New Mexico livestock board.
C. "Holstein cross"
means bovines that have some percentage of holstein or other dairy breed in
their genetic lineage.
D. "Inspector" means
any duly authorized or commissioned officer of the livestock board.
E. "Livestock" means
cattle, sheep, swine, goats, horses, mules and asses. This includes privately owned buffalo
(bison).
F. "New Mexico livestock"
means any livestock raised or pastured or fed within the state of New Mexico.
G. "Person" means an individual,
partnership, association or operation.
H. "Quarantine" or
"quarantined area" means any area within the state of New Mexico
whose physical boundaries have been established by order of the board or a duly
authorized agent of the board for the purpose of controlling the movement of
livestock to prevent the spread of disease.
I. "Quarantined livestock"
means any livestock found by the board or its duly authorized agent to be
exposed or affected by a contagious or infectious disease and the order of
restricted movement is imposed.
J. "Sealed vehicle"
means a vehicle for transporting livestock that has its gates or doors closed
and which gates or doors have an attached strip of metal, which is numbered for
identification. The metal strip is
attached to the gates or doors in a manner that would break the
"seal" if the vehicle were to opened.
[21.30.3.7 NMAC - Rp, 21 NMAC 30.3.7,
7/16/2024]
21.30.3.8 BRUCELLOSIS INFECTED AND EXPOSED CATTLE:
A. All cattle known to be infected with
brucellosis, or cattle that have been exposed to infected cattle, shall be
tested for brucellosis within 45 days of a notice in writing directed to the
owner of the cattle by the board.
B. The board of its duly authorized
representative shall, upon issuance of a written notice as provided in in
Subsection A of 21.30.8 NMAC above, strictly quarantine the cattle in a
designated area.
C. No cattle shall be allowed to be
moved or transported from said quarantine area without prior approval of the
board or its authorized representative.
D. In the event the owner of the cattle
does not proceed to have cattle under his ownership, possession, or contract
tested for brucellosis within the given 45 day period, the quarantine shall
continue in full force and effect.
E. Should any cattle prove to be
positive or suspect to the brucellosis test, subsequent tests shall be given
until such time as the board certifies that none of the cattle in the
quarantine area are carriers of the disease or a menace the other herds.
F. All cattle that are positive to the
brucellosis test shall immediately be branded with a "B" on the left
jaw or tailhead and disposed of in a manner prescribed by the board.
G. All tests shall be administered under
the supervision of the board at the owners expense, unless the board waives
such expense.
H. The owner shall make available all
cattle at a place designated by the board or its authorized agent and furnish
adequate physical facilities to conduct such tests.
I. In all areas, an additional blood
test of all non-neutered cattle over six months of age in the herd is required
either not less than six months or more than twelve months after release of an
affected herd from quarantine or not less than 10 months or more than 16 months
after removal of the last reactor.
J. Adjacent herds, or herds sharing
common pasture or having other contact with the affected herd, and herds
containing previous purchases from or exchanges with the affected herd shall
have an adjacent herd plan within 30 days of disclosure of the affected
herd. If a disagreement occurs,
consultation between the herd owner, state veterinarian, the epidemiologist and
the owners veterinarian, may be requested and held to resolve the situation,
with the final approval of the plan resting with the director.
[21.30.3.8 NMAC - Rp, 21 NMAC 30.3.8,
7/16/2024]
21.30.3.9 MOVEMENTS OF BRUCELLOSIS EXPOSED CATTLE:
A. Cattle classified as exposed may move
with approval of the board or its authorized agent, from a livestock market to:
(1) quarantined feedlot or approved
slaughtering establishment after having been identified with an approved metal
eartag, be hot-iron branded with the letter "S" on the left jaw or on
the tail head and accompanied by a completed VS form 127 or similar permit; or
(2) herd of origin premises without
"S" branding, provided that the exposed animals and the premises
shall be under quarantine pending further testing.
B. Cattle classified as
"exposed" may move with the approval of the board or its authorized
representative, from the herd of origin premises:
(1) to a quarantined feedlot or approved
slaughtering establishment after having been identified with an approved metal
eartag, be hot-iron branded with the letter "S" on the left jaw or
the tail head and accompanied by a completed VS form 127 or similar permit,
except that in extraordinary circumstances the director may waive the
"S" branding requirement for intrastate movements; or
(2) directly to one livestock auction
market and sell for movement directly to a quarantined feedlot or approved
slaughtering establishment.
[21.30.3.9 NMAC - Rp, 21 NMAC 30.3.9,
7/16/2024]
21.30.3.10 BRUCELLOSIS REACTOR HERDS:
A. All
classes of cattle in a brucellosis reactor herd shall be placed under
quarantine by the New Mexico livestock board or its authorized
representative. Such animals under
quarantine shall not be removed from the quarantine, unless granted permission
by the board, or its authorized representative.
B. Whenever it is officially determined
by the livestock board that a market cattle identification (MCI) reactor is
directly from a New Mexico origin herd, the New Mexico livestock board or its
authorized representative, shall quarantine the herd of origin.
C. Any subsequent movement of an animal,
or animals, from the quarantined herd, must be by special permit of the board,
or its authorized agent, until the herd is declared negative and the quarantine
lifted.
[21.30.3.10 NMAC - Rp, 21 NMAC
30.3.10, 7/16/2024]
21.30.3.11 DISPOSITION OF REACTORS AND INFECTED HERDS; INDEMNITY
PAYMENTS:
A. All cattle testing positive to the
brucellosis test shall go directly to slaughter and be slaughtered within three
business days.
B. The balance of the cattle may, with
the proper permit and an S brand, go to slaughter or to an approved feedlot, or
they may be returned to the ranch of origin under quarantine.
C. All New Mexico cattle positive to the
brucellosis test will be eligible for indemnity payments from the federal
government, as stated in Part 51, Title 9 of the Code of Federal Regulations,
as amended.
[21.30.3.11 NMAC - Rp, 21 NMAC
30.3.11, 7/16/2024]
HISTORY OF 21.20.3 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 5/6/1976;
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 - Bovine Brucellosis filed (1/28/1999) repealed effective
7/16/2024.
Other
History: 21 NMAC 30.3 - Bovine Brucellosis
filed (1/28/1999) replaced by 21.30.3 NMAC - Bovine Brucellosis effective
7/16/2024.