New Mexico Register / Volume XXXV,
Issue 13 / July 16, 2024
TITLE 21 AGRICULTURE AND
RANCHING
CHAPTER 32 BRANDS, OWNERSHIP, AND TRANSPORTATION OF ANIMALS
PART 2 BRANDING OF LIVESTOCK
21.32.2.1 ISSUING AGENCY: New Mexico
Livestock Board.
[21.32.2.1 NMAC - Rp, 21.32.2.1 NMAC, 7/16/2024]
21.32.2.2 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 21.30, 21.33, and 21.35
NMAC.
[21.32.2.2 NMAC - Rp, 21.32.2.2 NMAC, 7/16/2024]
21.32.2.3 STATUTORY AUTHORITY: Section
77-2-7 NMSA 1978.
[21.32.2.3 NMAC - Rp, 21.32.2.3 NMAC, 7/16/2024]
21.32.2.4 DURATION: Permanent.
[21.32.2.4 NMAC - Rp, 21.32.2.4 NMAC, 7/16/2024]
21.32.2.5 EFFECTIVE DATE: July 16, 2024 unless a later date is cited at the end of a section.
[21.32.2.5 NMAC - Rp, 21.32.2.5 NMAC, 7/16/2024]
21.32.2.6 OBJECTIVE: To establish
rules governing branding of livestock in New Mexico.
[21.32.2.6 NMAC - Rp, 21.32.2.6 NMAC, 7/16/2024]
21.32.2.7 DEFINITIONS:
A. "Board" means the New Mexico
livestock board.
B. “Confined feeding” shall include a
dairy calf or dairy heifer growing facility, in which the owner must have a
general permit for concentrated animal feeding operations under the national
pollution discharge and elimination system (NPDES) of the United States
environmental protection agency.
C. "Dairy" means a cattle
facility in New Mexico where the primary business is milking cows and the owner
has been issued a milk permit number by the New Mexico department of
agriculture (NMDA) and includes any confined feeding facilities, which are part
of the dairy or the dairy owner’s operation under the NMDA permit number.
D. "Dairy Cattle" means cattle
of one of the dairy breeds developed chiefly for milk production.
E. "Director" means the
executive director of the New Mexico livestock board.
F. “EID” means official electronic
identification, to include radio frequency identification tag.
G. "Feedlot" means a confined feeding
facility in New Mexico where the primary business is that of feeding cattle for
slaughter. For the purposes of
21.32.2.10 NMAC below, the owner must have, for the feedlot, a general permit
for concentrated animal feeding operations under the national pollution
discharge and elimination system (NPDES) of the United States environmental
protection agency.
H. "Inspector" means any duly
authorized or commissioned officer of the livestock board.
I. "Livestock or animal" means
horses, asses, mules, cattle, bison, sheep, or goats.
J. "New Mexico Livestock" means
any livestock raised or pastured or fed within the state of New Mexico.
K. "Person" means an individual,
partnership, association, or operation.
[21.32.2.7 NMAC - Rp, 21.32.2.7 NMAC, 7/16/2024]
21.32.2.8 BRANDING OF LIVESTOCK:
A. Branding
of cattle: All cattle in the state of
New Mexico shall be required to be branded with a recorded New Mexico brand,
excepting calves with branded mother, registered animals, which are identified
by a proper registration mark and whose owner has been issued a certificate of
brand exemption for the registered herd, and dairy cattle, which are identified
in accordance with the provisions of 21.32.2.9 NMAC, and cattle in a feedlot,
which are identified in accordance with the provisions of 21.32.2.10 NMAC.
B. Identification
of equines: All equines shall be
required to be branded with a New Mexico recorded brand, or identified by a
horse identification card (Form 1-H or 1HA) showing individual markings, scars,
etc.
C. Branding
of sheep and goats: All owners of sheep
and goats in the state of New Mexico shall be required to have a wool/hair
brand registered in the office of the New Mexico livestock board and such brand
is to be the sole property of the recorded owner. The brand may be applied by means of paint,
chalk, hot iron, tattoo, or eartags. Additionally, earmarks may be used as a means
of identification and, if used as a means of identification, the earmark must
be recorded in conjunction with the recorded brand. The board, at its discretion, may immediately
halt the use of earmarks as a means of identification and require branding,
tattooing, or eartagging of all sheep and goats.
D. All
sheep and goats being moved, transported, driven, or otherwise transferred from
one premises to another or all of those presented for or requiring inspection,
shall be required to bear a recorded means of identification. All such sexually intact sheep and goats,
regardless of age and wethers of either species 18
months of age and older must also be identified with a permanent official
identification device or a permanent method approved by USDA for use in the
scrapie program unless the animals are under 18 months of age and are moving
directly or through a slaughter only sale to slaughter or to a terminal feedlot
or are animals of any age moving for management purposes to another premises
also rented or owned by the flock owner without a change of ownership.
E. Sheep
and goats destined for show or exhibition shall be exempt from paint, chalk, or
fire brand regulations, provided such sheep and goats are identified with a
permanent official identification device or permanent method approved by USDA
for use in the scrapie program.
Exhibition livestock, to include sheep, goats, cattle, and swine may be
identified with an official EID tag and will be an accepted means of
identification. Cattle will still be
required to have a New Mexico registered brand.
Exhibition cattle with an official EID tag may be inspected for
ownership and transportation on a Form 1 inspection that may be used for the
entire shown season for that calendar year. A ny
transfer of ownership of livestock on those forms will require the issuance of
a new Form 1.
F. Nothing
herein shall exempt any owner of livestock from possessing necessary bills of
sale or proof of ownership for their livestock and presenting proof of
ownership upon request.
[21.32.2.8 NMAC - Rp, 21.32.2.8 NMAC, 7/16/2024]
21.32.2.9 ALTERNATIVE TO BRANDING CATTLE IN A NEW MEXICO DAIRY
A. In
accordance with Subsection F of 77-9-3, NMSA 1978, of the Livestock Code of New
Mexico, the alternate means of identification for dairy cattle shall be the use
of plastic eartags that meet the following
specifications and contained information:
(1) The
tag must not be smaller than a medium sized tag that measures two and one-half
inches by three inches (2 1/2" x 3"); and
(2) Has
lettering not smaller than one-fourth of an inch (1/4"); and
(3) Is
solid color with contrasting color for lettering; and
(4) Is
factory engraved with the brand owner’s name, a correct facsimile of the
owner’s New Mexico registered brand, or the New Mexico department of
agriculture milk permit number.
B. Owners
of dairy cattle may elect to use the alternative method of identifying cattle
in their dairy, or other confined feeding operation in which ownership has not
changed, after having received permission from the board to do so. The owner must first request permission to
use the alternative and the board may grant that permission after confirming
the owner understands the minimum requirements for the alternate form and its
proper use.
C. The
board shall record the owner’s permission and keep record of those owner’s that
have requested and been granted permission to use the alternative form of
identification allowed by law and this section.
For registering the alternative, the board shall charge a fee equal, and
in addition, to the fee for recording the New Mexico registered brand of the
owner of the cattle. The registered
brand and the alternative shall be re-recorded separately at the time of the
re-recording.
D. The
owner of the dairy must ensure that the eartags used
throughout their dairy are consistent as to lettering, information, and
layout. Within a dairy, variations in
color, size, and individual animal number placed upon the tag are acceptable,
provided that the tags meet the minimum requirements of 21.32.2.9.A NMAC.
E. The
appointed board has the right to revoke an owner’s permission to use the
alternate method of identification after a hearing and upon presentation of
evidence finds just cause to do so.
F. Cattle
that are removed from the dairy for pasturing in New Mexico shall be branded in
accordance with Section 77-9-3, NMSA 1978, prior to removal.
G. Nothing
herein shall exempt any owner of livestock from possessing necessary bills of
sale or proof of ownership for their livestock and presenting proof of
ownership to an inspector, or agent of the board, upon request.
[21.32.2.9 NMAC - Rp, 21.32.2.9 NMAC, 7/16/2024]
21.32.2.10 ALTERNATIVE TO BRANDING CATTLE IN A NEW MEXICO FEEDLOT:
A. In
accordance with Subsection F of 77-9-3, NMSA 1978, of the Livestock Code of New
Mexico, the alternate means of identification for cattle in a feedlot shall be
the use of plastic eartags that meet the following
specifications and contained information:
(1) The
tag must not be smaller than a medium sized tag that measures two and one-half
inches by three inches (2 1/2" x 3"); and
(2) Has
lettering not smaller than one-forth
of an inch (1/4"); and
(3) Is
solid color with contrasting color for lettering; and
(4) Is
factory engraved with the brand owner’s name or a correct facsimile of the
owner’s New Mexico registered brand.
B. In order to qualify for use of the alternative to branding,
the feedlot where the alternative is to be used must have a general permit for
concentrated animal feeding operations under the national pollution discharge
and elimination system of the U.S. environmental protection agency.
C. Owners
of cattle in a feedlot may elect to use the alternative method of identifying
their cattle after having received permission from the board to do so. The owner must first request permission to
use the alternative and the board may grant that permission after confirming
the owner understands the minimum requirements for the alternate form and its
proper use.
D. The
board shall record the feedlot owner’s permission and keep record of those
owner’s that have requested and been granted permission to use the alternative
form of identification allowed by law and this section. For registering the
alternative, the board shall charge a fee equal, and in addition, to the fee
for recording the New Mexico registered brand of the owner of the cattle. The registered brand and the alternative
shall be re-recorded separately at the time of the re-recording.
E. The
owner of the feedlot must ensure that the eartags
used throughout their feedlot are consistent as to size, lettering, information, and
layout. Variations in color and
individual animal number placed upon the tag are acceptable.
F. The
appointed board has the right to revoke an owner’s permission to use the
alternate method of identification after a hearing and upon presentation of
evidence finds just cause to do so.
G. Cattle
that are removed from the feedlot for pasturing in New Mexico shall be branded
in accordance with Section 77-9-3, NMSA 1978, prior to removal.
H. Nothing
herein shall exempt any owner of livestock, or feedlot operator who has cattle
branded with the alternative in their facility, from possessing necessary bills
of sale or proof of ownership for their livestock, or the livestock which they
have in their possession under authority of the owner, and presenting proof of
ownership to an inspector, or agent of the board, upon request.
I. An EID tag will also be accepted
as an alternate means of identification for cattle in New Mexico feedlot.
[21.32.2.10 NMAC - Rp, 21.32.2.10 NMAC, 7/16/2024]
21.32.2.11 ADDITIONAL PROVISIONS FOR ALTERNATIVE BRANDED CATTLE:
A. Cattle
identified by the alternative to branding allowed by Subsection A of 21.32.2.8.
NMAC, 21.32.2.9 NMAC, and 21.32.2.10 NMAC shall not be allowed to travel out of
district to an auction market by use of a telephone permit under the provisions
of Subsection C of 21.32.3.9 NMAC.
Cattle branded with the alternative must be visually inspected by an
authorized agent of the Livestock Board and a certificate of inspection issued
prior to being transported across a livestock inspection district line.
B. After
the sale of cattle branded with the alternative, the subsequent owner has
thirty days within which to remove the tags of the previous owner and brand
with their brand, or apply the new owner’s alternative
to branding in accordance with Section 77-9-3 NMSA 1978 and this rule.
C. For
cattle identified by the alternative at the time of sale, the authority to use
the alternative to branding shall not be transferred in any way, including by
written permission on the bill of sale, to the subsequent owner.
D. All
cattle identified by the alternative to branding and sold must be inspected at
the time of sale by an inspector, or an agent, of the livestock board. This inspection is required regardless of the
intention to move the cattle across a district line or out of state. The inspector, or agent, shall document the
inspection on the proper certificate and the charge the fees for such
inspection.
E. A
person shall not sell, buy or receive any cattle in New Mexico unless the
cattle are branded or has other means of identification acceptable to the
board, except cattle imported from another state.
F. The
inspector shall hold any livestock presented for inspection that are not
properly identified and the owner does not have proper documents establishing
ownership, until the owner presents to the inspector documents or evidence of
ownership. If the owner does not
establish ownership to the satisfaction of the inspector, the inspector shall
estray the livestock in question in accordance with the Livestock Code in
Chapter 77, Article 13, NMSA 1978.
G. If
the inspector conducting any inspection in accordance with 21.32.2.9,
21.32.2.10, 21.32.2.11 NMAC has cause for concern about the health status of
cattle being inspected the inspector may quarantine the cattle, or require the
owner of the dairy or feedlot to hold the cattle as if they were quarantined,
until the state veterinarian, or his designee, makes a determination of the
health status of the cattle in question.
H. If
the appointed members of the livestock board have reason to believe that any
area or region contains a health risk from dangerous and contagious diseases
that could affect livestock the board may designate that area or region as one
from which movement of livestock to New Mexico or within New Mexico is
prohibited. For the
purpose of immediate control and protection of the state’s livestock,
that determination may be made by the director in consultation with the state
veterinarian and then ratified at the next meeting of the appointed board.
[21.32.2.11 NMAC - Rp, 21.32.2.11 NMAC, 7/16/2024]
HISTORY OF
21.32.2 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 5/6/1976.
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 32.2, Branding of Livestock (filed 1/28/1999) Repealed
effective 7/31/2000.
21.32.2 NMAC,
Branding of Livestock filed (7/17/2000) Repealed, effective 7/16/2024.
Other History:
21 32.2 NMAC - Branding of
Livestock filed (7/17/2000) Replaced by 21 NMAC 30.3 - Branding of Livestock,
effective 7/16/2024.