New Mexico Register / Volume XXXV,
Issue 13 / July 16, 2024
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 35 LIVESTOCK MARKETING
PART 4 LIVESTOCK
MARKETS AND FACILITIES
21.35.4.1 ISSUING AGENCY: New Mexico Livestock Board.
[21.35.4.1 NMAC - Rp, 21.35.4.1, 7/16/2024]
21.35.4.2 SCOPE: All owners and operators of livestock markets
in New Mexico and all owners, transporters or handlers of livestock in the
state of New Mexico and those that apply to bring livestock into the state for
the purpose of selling or buying livestock at any New Mexico livestock
market. Additional requirements for
livestock owners governing livestock business activities can be found in 21.30,
21.32, 21. 33, and 21. 34 NMAC.
[21.35.4.2 NMAC -
Rp, 21.35.4.2, 7/16/2024]
21.35.4.3 STATUTORY AUTHORITY: Section 77-2-7, 77-13 NMSA 1978.
[21.35.4.3 NMAC -
Rp, 21.35.4.3, 7/16/2024]
21.35.4.4 DURATION: Permanent.
[21.35.4.4 NMAC -
Rp, 21.35.4.4, 7/16/2024]
21.35.4.5 EFFECTIVE DATE: July 16, 2024, unless a later date is cited
at the end of a section.
[21.35.4.5 NMAC -
Rp, 21.35.4.5, 7/16/2024]
21.35.4.6 OBJECTIVE: To establish rules governing licensing,
inspection services, testing and handling of livestock at livestock auction
markets in New Mexico.
[21.35.4.6 NMAC -
Rp, 21.35.4.6, 7/16/2024]
21.35.4.7 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. "Livestock market owner" means any
person, persons, corporation or organization operating for business or charity
a facility for the purpose of consignment sales of livestock.
F. "Livestock market" means any facility in
the state of New Mexico, which is used for the purpose of holding consignment
sales of livestock.
G. "New Mexico livestock" means any
livestock raised or pastured or fed within the state of New Mexico.
H. "Official Identification" means an
electronic or visual ear tag with a 15-digit number beginning with “840”, a
USDA silver metal identification tag, a USDA orange metal calfhood brucellosis
vaccination tag, a breed registry tattoo with proof of registration, or other
identification as approved by the New Mexico state veterinarian.
I. "Person" means an individual,
partnership, association or operation.
[21.35.4.7 NMAC -
Rp, 21.35.4.7, 7/16/2024]
21.35.4.8 LIVESTOCK MARKET LICENSE AND
LICENSEE:
A. Any person
desiring to operate a livestock market in New Mexico shall file an application
for a license with the director on such form or forms as the director shall
prescribe, which application shall be signed by the applicant.
B. Every license issued by the director to a livestock market
operator shall expire one year from the date of issuance. Renewal of such license shall be made on
renewal forms as prescribed by the board.
C. The director may extend licenses for a portion of a
calendar year, in order to synchronize the periods of
all licenses, so that the one year period of issue coincides with the calendar
year.
D. The license issued by the director to any livestock market
owner for the operation of a livestock market, shall
specify the day or days of the week on which the sale or sales will be
conducted at that market.
E. The board will cooperate with the United States department
of agriculture, packers and stockyards administration, to insure
that the livestock market owner has met the requirements for bonding and
approval under the federal codes, prior to issuing the license.
F. Special sales may be held on days or dates not specified
in said license upon written application being submitted to the director, at
least fifteen days prior to the scheduled date of the special sale.
G. The market owner shall display the license in a prominent
place visible to the public.
H. Violation of any rule or statute on livestock market
property by owner, agent, operator or employee may result in suspension or
revocation of license.
[21.35.4.8 NMAC -
Rp, 21.35.4.8, 7/16/2024]
21.35.4.9 INSPECTION AND TESTS AT LIVESTOCK
MARKETS:
A. All livestock received at a livestock market may be
inspected for health by a veterinarian of the board, or its authorized agent.
B. In conducting such inspections of any livestock in the
possession of the livestock market operator, such board veterinarian, or its
agent, is authorized to make such tests and to require the administration of
such preventative or curative treatment, as the veterinarian shall deem
necessary to prevent the spread of livestock disease.
C. The tests and treatments which are required as part of
this section shall be accomplished at the owner’s expense.
[21.35.4.9 NMAC -
Rp, 21.35.4.9, 7/16/2024]
21.35.4.10 TRANSPORTING LIVESTOCK EXPOSED OR AFFECTED
BY CONTAGIOUS AND INFECTIOUS DISEASE:
A. Any livestock exposed or affected by a contagious and
infectious disease and so certified by the veterinarian of the board, or its
authorized agent, shall be immediately quarantined.
B. It shall be unlawful for anyone to move or transport any
livestock from the livestock market or quarantined area.
C. The veterinarian of the board, or its authorized agent,
shall notify the operator of the market in writing that no movement or
transporting of the quarantined livestock is permitted.
[21.35.4.10 NMAC -
Rp, 21.35.4.10, 7/16/2024]
21.35.4.11 BRUCELLOSIS TESTS OF CATTLE AT
LIVESTOCK MARKETS:
A. Test eligible cattle originating from any zone, area,
county or state determined by the USDA or the New Mexico state veterinarian to
be high-risk for bovine brucellosis and entering New Mexico through
specifically approved livestock markets may be required to be tested for
brucellosis.
B. Reactors to the presumptive brucellosis test shall be
quarantined at the market pending completion of confirmatory testing and final
determination of brucellosis status.
C. Reactors as determined by confirmatory testing, shall
either be B branded, or sealed by metal seal in the truck transporting them to
slaughter and documented correctly on a USDA veterinary services form 127.
D. After the reactors are removed, the remaining cattle in
the shipment may be returned to premises of origin under quarantine,
or be S branded and sent directly to an approved feedlot or slaughter.
[21.35.4.11 NMAC -
Rp, 21.35.4.11, 7/16/2024]
21.35.4.12 INSPECTION OF CATTLE AND TAGGING AT
LIVESTOCK MARKETS:
A. All livestock entering a livestock market shall be
inspected by a livestock inspector or authorized agent of the board, for brands
and ownership and that inspection shall be documented upon the certificate
prescribed by the board.
B. The livestock board shall provide tags of identification
to be applied as directed by the New Mexico livestock board. The tag shall be
placed on the upper section of the shoulder area of all cattle tagged at such
markets. The tag number and the brand identification data for animals shall be
properly entered on the certificate prescribed by the board. All sexually intact dairy cattle four months
of age or older, sexually intact beef cattle 18 months of age or older and all
Mexican-origin (M-branded) cattle shall be individually identified by official
identification, with such identification recorded on the certificate.
C. For the inspections conducted at markets, the board shall
charge the fees prescribed by law and board rules for inspection of livestock.
[21.35.4.12 NMAC -
Rp, 21.35.4.12, 7/16/2024]
HISTORY OF 21.35.4
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 NMAC 35.4 Livestock Markets
and Facilities filed (1/28/1999) Repealed effective 10/30/2008.
21.35.4 NMAC -
Livestock Markets and Facilities (filed 10/16/2008) Repealed, effective
7/16/2024.
Other History:
Only those
applicable portions 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 35.4, Livestock Markets, effective 3/1/1999.
21 NMAC 35.4,
Livestock Markets (filed 1/28/1999) was renumbered, reformatted, amended and
replaced by 21.35.4 NMAC, Livestock Markets and
Facilities, effective 10/30/2008.
21.35.4 NMAC,
Livestock Markets and Facilities (filed 10/16/2008) Replaced by 21.35.4 NMAC,
Livestock Markets and Facilities effective 7/16/2024.