New Mexico Register / Volume XXXV,
Issue 13 / July 16, 2024
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 30 ANIMALS AND ANIMAL INDUSTRY GENERAL
PROVISIONS
PART 4 EXOTIC PESTS AND FOREIGN ANIMAL
DISEASES
21.30.4.1 ISSUING AGENCY:
New Mexico Livestock Board.
[21.30.4.1 NMAC - Rp, 21.30.4.1 NMAC, 7/16/2024]
21.30.4.2 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.
[21.30.4.2 NMAC - Rp, 21.30.4.2 NMAC, 7/16/2024]
21.30.4.3 STATUTORY AUTHORITY:
Section 77-2-7, 77-3-1, 77-3-13 and 77-3 NMSA 1978.
[21.30.4.3 NMAC - Rp, 21.30.4.3 NMAC, 7/16/2024]
21.30.4.4 DURATION:
Permanent.
[21.30.4.4 NMAC - Rp, 21.30.4.4 NMAC, 7/16/2024]
21.30.4.5 EFFECTIVE DATE: July 16, 2024, unless a later date is
cited at the end of a section or paragraph.
[21.30.4.5 NMAC - Rp, 21.30.4.5 NMAC, 7/16/2024]
21.30.4.6 OBJECTIVE:
To declare certain diseases and parasites to be exotic and of
significant economic impact to the livestock industry, pursuant to Section
77-3-1, NMSA 1978 and provide rules for their control and extirpation.
[21.30.4.6 NMAC - Rp, 21.30.4.6 NMAC, 7/16/2024]
21.30.4.7 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" means
cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites,
camelids, and farmed cervidae.
E. "Hold order" means a
directive by the New Mexico livestock board by or through the state
veterinarian to stop movement of certain livestock because of the possibility
those livestock are diseased or exposed to a contagious disease, but the
disease has not been confirmed in those livestock.
F. "Premises" means a
place where livestock is held for personal or commercial purposes.
G. “Restricted
zone” a defined geographic portion of the state.
[21.30.4.7 NMAC - Rp, 21.30.4.7 NMAC, 7/16/2024]
21.30.4.8 EXOTIC
PESTS OF SIGNIFICANT ECONOMIC IMPACT:
Any disease of significant economic impact to the livestock industry or
public health.
[21.30.4.8 NMAC - Rp, 21.30.4.8 NMAC, 7/16/2024]
21.30.4.9 NEW
MEXICO REPORTABLE DISEASE LIST: In addition to the diseases listed in
21.30.4.8 NMAC above, the following diseases and conditions are
considered to be of significant economic impact and when discovered or
diagnosed are to be immediately reported to the New Mexico livestock board’s
state veterinarian:
A. Reportable
conditions:
(1) any
disease of unusual morbidity or mortality that does not fit a normally expected
clinical picture;
(2) any
condition suspected of being a foreign or emerging animal disease, or possible
bioterrorism;
(3) any
disease condition in livestock exhibiting vesicular lesions;
(4) undiagnosed
neurologic, mucosal, and hemorrhagic conditions;
(5) contamination
by toxic substances, including unexplained increase in aflatoxin, botulism, or
T2 toxin;
(6) abortion
storms of unknown etiology;
(7) highly
infectious conditions of any etiology;
(8) any
disease or condition of public health significance.
B. Reportable
diseases: Any disease listed as notifiable
by the USDA or OIE, including but not limited to: diseases of significance to
public health and zoonoses such as:
(1) anthrax*;
(2) avian
influenza;
(3) botulism;
(4) brucellosis*;
(5) dermatophilosis
(club lamb disease) and other fungal diseases of livestock with zoonotic
potential;
(6) plague (yersinia pestis)*;
(7) q
fever (coxiella burnetii)*;
(8) rabies*;
(9) swine
influenza;
(10) tuberculosis;
(11) tularemia*;
(12) west
Nile virus and other arboviral diseases*.
C. Diseases of concern
to livestock such as (but not limited to):
(1) anthrax;
(2) bluetongue
and epizootic hemorrhagic disease in deer, elk or cattle;
(3) botulism;
(4) brucellosis*;
(5) classical
swine fever (hog cholera);
(6) contagious
bovine or caprine pleuropneumonia;
(7) foot
and mouth disease;
(8) fungal
diseases of livestock with zoonotic potential such as dermatophilosis;
(9) heartwater;
(10) malignant
catarrhal fever;
(11) plague*;
(12) pseudorabies;
(13) q
fever (coxiella burnetii)*;
(14) rabies*;
(15) scabies
in livestock;
(16) screwworm;
(17) swine
influenza;
(18) Texas
cattle fever (boophilus
ticks); and
(19) trichomoniasis;
(20) all
transmissible spongiform encephalopathies (TSEs), including but not limited to:
(a) bovinespongiform encephalopathy (BSE); chronic wasting
disease (CWD); scrapie;
(b) tuberculosis*;
(c) vesicular
stomatitis or any other vesicular disease of livestock.
D. Diseases of concern
to equines such as (but not limited to):
(1) african horse sickness;
(2) anthrax;
(3) contagious
equine metritis (CEM);
(4) equine
encephalopathies such as: eastern equine encephalitis (EEE);
(5) western
equine encephalitis (WEE);
(6) venezuelan equine encephalitis (VEE);
(7) west
Nile virus (WNV);
(8) equine
herpesvirus (neurologic form) (EHV-1, EHV-4);
(9) equine infectious anemia
(EIA);
(10) equine
piroplasmosis;
(11) glanders;
(12) rabies*;
(13) screwworm;
(14) strangles
(streptococcus equi);
(15) vesicular
stomatitis or any other vesicular disease in equines.
E. Diseases of concern
to poultry such as (but not limited to):
(1) avian
influenza;
(2) newcastle disease;
(3) psittacosis*. *Must be reported to New Mexico department of
health; if occurring in livestock also notify New Mexico livestock board.
[21.30.4.9 NMAC -
Rp, 21.30.4.9 NMAC, 7/16/2024]
21.30.4.10 NEW
MEXICO FOOT AND MOUTH PREVENTION & RESPONSE PROTOCOL:
A. Preventive procedures:
(1) Cloven-hoofed
animals from a known foot and mouth (FMD) country or region shall not be
allowed to enter New Mexico until the office of international des epizooties
(OIE) and the United States department of agriculture, animal and plant health
inspection service, veterinary services (USDA, APHIS, VS) have declared the
country or region FMD-free.
(2) Horses
from a known FMD country or region may be allowed to enter New Mexico if they
have not originated from or been on a known FMD premises and if they meet other
requirements for an entry permit issued by the board. A person who wants to bring a horse into New
Mexico pursuant to this paragraph shall apply for an entry permit in person at
the board's office at 300 San Mateo NE, Suite 1000, Albuquerque, New Mexico or
by calling 505-841-6161, 8:00 a.m. to 4:30 p.m., Mountain Time, Monday through
Friday. The applicant shall provide the
following information with his application for an entry permit:
(a) A
copy of the USDA health certification for importation of horses into the United
States from the European Union and countries affected with FMD, a copy of the
USDA certification of disinfection for tack trunks and containers, and any
other certifications required by the state veterinarian;
(b) Evidence
satisfactory to the state veterinarian that the horse has been held in
quarantine outside the state for a minimum of seven days; and
(c) The
state veterinarian may specify other restrictions consistent with the board's
duty to protect the health and integrity of the livestock industry in New
Mexico, including limiting any destinations of the horse.
(3) Animals
other than livestock from a known FMD country or region that originate from rural
areas or that have had contact with cloven-hoofed animals from a known FMD
country or region and that would be destined for a New Mexico rural location or
competition involving cloven-hoofed animals shall not be allowed into New
Mexico either by direct or indirect shipment.
Those animals other than livestock that originate from an urban area of
an FMD country and are destined to a New Mexico urban area may be granted an
exception at the discretion of the state veterinarian and allowed to enter the
state. An entry permit issued by the
board is required on such animals.
(4) Immediately
upon arrival at its destination in New Mexico, an animal that has been allowed
to enter the state under the exception provided in Paragraph (3) of this
subsection shall be treated with a sponge application or heavy misting with a
one-to-one vinegar and water solution to the entire body of the animal and then
thoroughly bathed. The animal shall be
quarantined at the destination premises for a minimum of ten days with no
contact with any cloven-hoofed animal during the quarantine period. A follow-up contact shall be made by the
board or USDA, APHIS, VS to ensure that the quarantine is maintained.
(5) Livestock
and other animals originating from a European Union (EU) country shall not be
allowed into New Mexico until the country's FMD status is determined to the
satisfaction of the board. EU countries
are: the Republic of Ireland, the United Kingdom (Northern Ireland, England,
Scotland, Wales and the Isle of Mann), Sweden, Finland, Austria, Denmark,
Germany, The Netherlands, Belgium, France, Spain, Portugal, Italy, Luxembourg,
and Greece.
(6) Livestock
or other animals originating from another state of the United States that has
an FMD outbreak shall not be allowed into New Mexico until the state has been
declared FMD-free by USDA, APHIS, VS.
The board may ban or restrict the entry into New Mexico of livestock or
other animals originating from a state other than an FMD state until that
state's FMD status has been determined to the satisfaction of the board. The state Veterinarian may issue an entry
permit to allow animals other than livestock to enter New Mexico from a state
whose FMD status has not been determined under the following conditions:
(a) The
animal has been quarantined for a minimum of seven days immediately preceding
application for an entry permit;
(b) The
decontamination procedures provided in Paragraph (7) of this sub-section have
been followed.
(7) Decontamination
procedures required to obtain an entry permit pursuant to Paragraph (6) of this
subsection are:
(a) The
animal shall be groomed to remove dirt and debris and then wiped, sprayed, or
sponged down with vinegar or a solution of six and one-half ounces of
concentrated glacial acetic acid in one gallon of water and its hooves or feet
shall be cleaned and disinfected with a four percent sodium carbonate solution
in such a manner as to ensure that the hooves are free of dirt, manure, and
debris;
(b) Prior
to loading the animal for transport into New Mexico, the crate and
transportation vehicle shall be cleaned and disinfected with an approved
disinfectant. Any equipment, including
leashes, blankets, and sheets, that will accompany the animal into New Mexico
must be laundered or cleaned to remove dirt and debris and then disinfected
with acetic acid, sodium carbonate, or vikron; and
(c) Prior
to entry into New Mexico, personnel accompanying the animal must launder or dry
clean their clothing and outerwear; footwear must be cleaned of all dirt and
debris and then disinfected as required by the state veterinarian.
(8) If
FMD is found in a state of the United States or in Canada or Mexico, the
director shall convene the board's emergency response plan state primary core
decision group to consider actions to be taken to protect New Mexico's
livestock industry from FMD, including the need to request that the governor
declare a state of emergency.
B. Vesicular disease response
(1) Vesicular
diseases in cloven-hoofed animals shall be handled as FMD unless vesicular
stomatitis (VS) has been recently diagnosed in horses during the current season
for VS. The New Mexico VS protocol shall
be followed in these cases unless the board directs otherwise.
(2) A
cloven-hoofed animal suspected of a vesicular disease shall be given the
highest priority for examination. A
foreign animal disease diagnostician (FADD) shall collect appropriate
specimens. The FADD or other designated
courier shall personally escort the specimens to Plum Island, NY.
(3) If
the disease is not FMD, the case shall be handled as appropriate for the
diagnosis.
C. Foot and mouth disease response
(1) If
a vesicular disease is present and the VS protocol does not apply, the
premises, and all animals on the premises shall be quarantined. A five-mile "high risk zone" shall
be established around the suspect premises, and a fifteen-mile "buffer
zone" shall be established around the high risk zone. Animals in the high risk zone shall not be
moved until the suspect case has been diagnosed and movement is allowed by the
board. Animals in the buffer zone shall
be under a hold order and shall be moved by permit only. Livestock operators and other animal owners
within the high risk, and buffer zones shall be advised immediately about the
suspect case and the rules governing quarantine, and movement of animals.
(2) The
board shall provide biosecurity information to the operators and owners whose
premises and animals have been quarantined within the high risk, and buffer
zones.
(3) All
area slaughter facilities and livestock markets shall be closed until the board
releases the quarantine. If FMD is
confirmed, the slaughter facilities and livestock markets shall remain closed
to control the movement of livestock.
The board shall determine when it is safe to re-open slaughter
facilities, and livestock markets and any limitations that may apply.
(4) The
board shall notify veterinarians, cooperative extension agents, livestock
owners, and operators, and other interested persons about the quarantine, the
establishment of quarantine zones, and any hold orders on animals.
(5) An
FMD diagnosis shall result in the continued quarantine of the high risk
zone. The animals within the buffer zone
shall be on a hold order and vaccinated with appropriate FMD strain vaccine, if
it is available.
(6) Upon
notification of an FMD diagnosis, the board shall initiate an immediate
epidemiological investigation. The
epidemiological efforts shall be in concert with USDA, APHIS, VS.
(7) The
board may request that USDA, APHIS, VS, regional emergency animal disease
eradication organization (READEO) be in charge of all
FMD operations and procedures with state animal health officials assisting
READEO in its efforts.
(8) The
director of the board shall immediately advise the director of the New Mexico
department of agriculture of the FMD diagnosis.
The director of the board shall contact the governor for an emergency
declaration. National guard personnel,
New Mexico state police, and appropriate county sheriffs shall be requested to
aid in enforcement of the quarantine, and zone integrity to stop movement of
animals and to minimize human movement into or out of the FMD zone.
(9) FMD
vaccination is the preferred action over destruction of livestock. In the case of destruction, incineration
sites shall be selected by the board.
(10) Indemnity
for destroyed livestock shall be sought from the United States secretary of
agriculture. Records of destroyed
livestock shall include the owner’s name, address and phone number, and the
number of destroyed livestock, and their species, class, sex, age, and brands.
D. The following
agencies and people shall be notified of the New Mexico FMD prevention and
response protocol, and shall be provided with updates on a periodic basis when
a foreign or national FMD outbreak presents a real or potential risk to New
Mexico livestock:
(1) USDA,
APHIS, vs emergency programs, and import/export staff in Riverdale, MD;
(2) New
Mexico veterinarians:
(3) New Mexico board of
veterinary medicine;
(4) New Mexico
veterinary medical association;
(5) New
Mexico livestock industry organizations;
(6) local
and national plant protection quarantine (PPQ) staff;
(7) airline
companies with flights originating from an FMD country or region;
(8) New
Mexico public livestock markets; and
(9) New
Mexico state university, department of agriculture and cooperative extension
service.
[21.30.4.10 NMAC -
Rp, 21.30.4.10 NMAC, 7/16/2024]
21.30.4.11 TUBERCULOSIS
ERADICATION:
A. The New Mexico livestock board will
adhere to the Code of Federal Regulations and the Uniform Methods and Rules for
Bovine Tuberculosis Eradication.
B. Restricted zone livestock movement
protocol.
(1) All
livestock movement must be approved by the New Mexico livestock board (NMLB)
state veterinarian or by a NMLB approved agent.
All livestock movement requires an official certificate of livestock
inspection.
(2) Livestock
check points are deliberate obstructions of traffic by physical means on a
roadway for the specific purpose of livestock movement control.
(3) Livestock
check points will be established by executive order based on location,
authorization and safety.
(4) Livestock
check points will be operated by a NMLB livestock inspector or by a NMLB
approved agent.
(5) All
livestock, in transition, upon approaching a livestock check point, will be
stopped for transportation validation.
(6) All
livestock, in transition near the geographical location of the restricted zone,
will be stopped for transportation validation, at the discretion of the
livestock inspector.
(7) All
road stops will be initiated by a livestock inspector that has been certified
as law enforcement peace officer or by any certified peace officer of the
state.
[21.30.4.11 NMAC -
Rp, 21.30.4 NMAC.11, 7/16/2024]
21.30.4.12 VESICULAR
STOMATITIS; RESTRICTIONS AND SAFEGUARDS DEEMED PROPER TO PROTECT LIVESTOCK IN
NEW MEXICO:
A. Livestock cannot
be removed from a VS-quarantined premise. Any livestock introduced onto
VS-quarantined premises will be subject to the quarantine restrictions and
remain on the premises until the quarantine has been lifted.
B. Transporters
hauling any New Mexico origin livestock in New Mexico must have in possession a
current brand inspection (form 1) or a permanent equine hauling card (form
1-H).
C. Participants in
public events in which all livestock attending originate from New Mexico must:
(1) present
and have verified by event officials a certificate of veterinary inspection
(CVI), commonly known as a health
certificate, for each animal brought by that participant and that has been
issued within five days prior to arrival at the event, or
(2) have
the livestock examined upon arrival at the event by designated officials as
specified and provided by the event organizers; the designated official should
be a veterinarian whose background and experience with livestock would allow
them to recognize abnormalities in tissues that could be consistent with
vesicular stomatitis.
(3) The
state veterinarian may specify other restrictions consistent with the board's duty
to protect the health and integrity of the livestock industry in New Mexico,
including limiting any destinations of the horse.
D. Participants with
livestock that originate in New Mexico attending public events in New Mexico
where livestock from states other than New Mexico will be present must:
(1) present
and have verified by event officials a certificate of veterinary inspection
(CVI), commonly known as a health
certificate, for each animal brought by that participant and that has been
issued within five days prior to arrival at the event, and
(2) have
the livestock examined upon arrival at the event by a NM accredited
veterinarian.
E. All livestock
entering New Mexico public auctions facilities must receive a health
examination prior to sale by a NM accredited veterinarian.
F. Out of state
livestock entering New Mexico from any other state or territory must meet all
current New Mexico entry requirements.
Owners of livestock temporarily entering New Mexico are urged to contact
their state animal health officials for requirements and restrictions to return
to their home state from New Mexico.
[21.30.4.12 NMAC -
Rp, 21.30.4 NMAC.12, 7/16/2024]
History of 21.30.4
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 NMA 30.4 - Animals And Animal Industry
General Provisions - Exotic Pests (filed 1/28/1999) Repealed effective
5/15/2001.
21.30.4 NMAC -
Exotic Pests and Foreign Animal diseases filed (4/30/2001) 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 renumbered, reformatted, and
amended to 21.30.4 NMAC, Exotic Pests, filed 1/28/1999.
21.30.4 NMAC, Exotic
Pests, filed 1/28/1999 renumbered, reformatted, and amended to 21.30.4 NMAC,
Exotic Pests, effective 5/15/2001.
21.30.4 NMAC -
Exotic Pests and Foreign Animal diseases filed (4/30/2001) replaced by21.30.4
NMAC - Exotic Pests and Foreign Animal diseases effective 7/16/2024.