TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 32 BRANDS, OWNERSHIP, AND TRANSPORTATION OF
ANIMALS
PART 4 IMPORT
REQUIREMENTS (TRANSPORTATION OF LIVESTOCK INTO NEW MEXICO)
21.32.4.1 ISSUING AGENCY: New Mexico Livestock Board.
[21.32.4.1 NMAC - Rp,
21.32.4.1, 7/16/2024]
21.32.4.2 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 21.30, 21.33, and 21.35
NMAC.
[21.32.4.2 NMAC - Rp,
21.32.4.2, 7/16/2024]
21.32.4.3 STATUTORY AUTHORITY: Section 77-2-7, 77-3-1, 77-9-28 NMSA 1978
[21.32.4.3 NMAC - Rp,
21.32.4.3, 7/16/2024]
21.32.4.4 DURATION: Permanent.
[21.32.4.4 NMAC - Rp,
21.32.4.4, 7/16/2024]
21.32.4.5 EFFECTIVE DATE: July 16, 2024 unless
a later date is cited at the end of the section.
[21.32.4.5 NMAC - Rp,
21.32.4.5, 7/16/2024]
21.32.4.6 OBJECTIVE: To establish ownership and health rules
governing transportation of livestock within and into New Mexico.
[21.32.4.6 NMAC - Rp,
21.32.4.6, 7/16/2024]
21.32.4.7 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 or animal" means cattle,
sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids
and farmed cervidae.
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
be opened.
K. "Telephone permit" means the
authorization to transport livestock to an approved New Mexico auction without
prior inspection, by use of a confidential number issued to the owner or
owner's agent, which identifies the specific animals and shipment to a specific
auction.
L. "Transient livestock" means livestock
transported through the state of New Mexico from another state or country whose
destination is not within the state of New Mexico.
M. "Transient livestock with New Mexico
destination" means livestock imported in the state of New Mexico from
another state or country or being transported within the state and not having
reached the final destination for feed or pasture
purpose.
N. "Universal swine earnotch
(1-3-9) system" means the system of cutting notches in the ears of
swine, at specific locations on the ear, which correspond to number values. The notches' values added together provide
identification numbers for the pig. The
right ear's value shall be the litter number. The left ear shall be the individual pig
number in that litter.
[21.32.4.7 NMAC - Rp,
21.32.4.7, 7/16/2024]
21.32.4.8 IMPORT REQUIREMENTS FOR CATTLE,
INCLUDING BISON:
A. A health certificate or other approved New Mexico
livestock board document from the state of origin and a New Mexico entry permit
are required on all shipments of cattle entering New Mexico.
B. Upon arrival at destination, the owner or agent must
notify the New Mexico livestock board inspector in order to
make the arrangements for inspection of the shipments prior to commingling with
other cattle or release to pasture.
C. The inspection will be for the purpose of determining
that the shipment has met all applicable import requirements including but not
necessarily limited to: scabies dipping, brucellosis testing, tuberculosis
testing, brand regulations and inspection to confirm the shipment does conform
to the description of the animals as stated on the required permit and health
certificate.
D. The test charts and dipping certificates, when
applicable, shall remain with the shipment upon arrival; otherwise
the shipment will be quarantined until evidence has been presented.
E. There will be an import inspection charge to be paid at
completion of the inspection, except when there is a waiver of import
inspection and/or fees for import cattle moving in accordance with a commuter
agreement as described in Subsection F of 21.32.3.8 NMAC, below.
F. Import inspections and/or fees will be waived upon
request of the owner of bona fide and approved Colorado or Arizona and New
Mexico commuter cattle when that owner brings commuter cattle to New Mexico as
part of their normal commuter cattle operation and when the following
conditions are met:
(1) the owner notifies the appropriate
New Mexico livestock board inspector prior to movement and furnishes the
appropriate New Mexico livestock board inspector with a valid copy of the
Colorado or Arizona export inspection within 48 hours (two days) after arrival
in New Mexico; and
(2) the owner understands that the New
Mexico livestock board inspector may conduct a spot check inspection of
arriving cattle for which no fee will be charged; and
(3) Colorado and Arizona maintain at
least "A" status in the brucellosis eradication program; and
(4) the Colorado board of stock
inspection or the Arizona livestock board has conducted a visual and complete
inspection of the commuter herd owner's cattle departing Colorado or Arizona;
and
(5) all of the
cattle arriving from Colorado or Arizona are owned by the commuter herd
operator and are those cattle and their offspring, which were originally
shipped from New Mexico to Colorado or Arizona and are now returning to New
Mexico; none of the cattle arriving are cattle which were introduced into the
herd in Colorado or Arizona from sources other than the owner's bona fide and
approved commuter herd; and
(6) all health requirements for commuter
herd operations are met, to include necessary health certificates and permits.
[21.32.4.8 NMAC - Rp,
21.32.4.8, 7/16/2024]
21.32.4.9 BRUCELLOSIS TEST REQUIREMENTS FOR
CATTLE AND BISON:
A. For all states, regardless of brucellosis class, cattle
originating from any "brucellosis certified free" herd may enter New
Mexico without an entry test, provided the following information is recorded on
the official health certificate:
(1) individual identification of each
animal; and
(2) herd certificate number; and
(3) date of the last herd test.
B. There is no brucellosis test required for spayed heifers
and steers.
C. Brucellosis free states: All cattle must meet federal
interstate regulation requirements for "class free" states, in
addition to New Mexico requirements.
D. Class A states: All females and bulls over 18 months of
age must be tested and negative within 30 days prior to entry into New Mexico,
except heifers that are officially vaccinated for brucellosis and under 24
months of age if beef and under 20 months of age if dairy. All cattle must meet federal interstate
requirements for "class A" states, in addition to New Mexico
requirements.
E. Class B states: All females and breeding bulls over 8
months of age must be tested and negative within 30 days prior to entry into
New Mexico, except heifers that are officially vaccinated for brucellosis and
under 24 months of age if beef, and under 20 months of age if dairy. All cattle must meet federal interstate
requirements for "class B" states, in addition to New Mexico
requirements. Test eligible animals over
8 months of age will be quarantined at destination for a retest for brucellosis
at the owner's expense, unless waived by the board, between 60 and 90 days
after the entry test date. Untested test
eligible animals may go direct to slaughter or direct to a quarantined feedlot
provided they are "S" branded and move on an "S brand"
permit or they move direct to slaughter in a "sealed" vehicle. No heifer calves can move from infected herds,
unless they are "S" branded or spayed. "S" branded heifers
from infected herds can go only to slaughter or quarantined feedlot. Spayed heifers will be treated like steers. Special permits may be granted by the state
veterinarian to spay heifers on arrival.
F. Testing or vaccination requirements for class A and class
B states are not required when going directly from the farm or ranch of origin
to a federally approved slaughter plant for slaughter or to a New Mexico
quarantined feedlot or when going to an approved market where the qualification
for brucellosis will be handled at the market.
G. Class C states: No sexually intact cattle, regardless of
age, will be allowed to be moved into New Mexico, except "S" branded
animals going to slaughter or quarantined feedlots. The restrictions will not affect spayed
heifers or steers. The only cattle
exempt from these requirements are cattle from "certified brucellosis free
herds," which must have a negative test within 30 days prior to entry. Special permits may be granted by the state
veterinarian to spay heifers on arrival.
H. All tests shall be at the owners expense.
[21.32.4.9 NMAC - Rp,
21.32.4.9, 7/16/2024]
21.32.4.10 TUBERCULOSIS TEST REQUIREMENTS FOR
CATTLE AND BISON: All sexually intact import dairy
cattle four months of age or older must have a negative
tuberculin test within 30 days prior to entry regardless of the
status of the state of origin or TB free herd. Exception: May be consigned to a licensed New Mexico
auction, where they will be “N” branded, sold for slaughter only and sent
directly to slaughter or a licensed New Mexico feedlot.
[21.32.4.10 NMAC - Rp,
21.32.4.10, 7/16/2024]
21.32.4.11 TUBERCULOSIS REQUIREMENTS FOR
INTERNATIONAL IMPORTS:
A. All sexually
intact cattle, from any foreign country or part thereof, with no recognized
comparable tuberculosis status that are to be held for purposes other than
immediate slaughter or feeding for slaughter in a quarantined feedlot, shall be
under quarantine on the first premises of destination in New Mexico pending a
negative tuberculosis test no earlier than 120 days and no later than 180 days
after arrival and that test shall be performed at the owner's expense.
B. All sexually intact cattle, from any foreign country or
part thereof, with no recognized comparable tuberculosis status that are
destined for immediate slaughter or feeding for slaughter in a quarantined
feedlot, shall be tested at the port-of-entry into New Mexico under the
supervision of the port veterinarian and these cattle shall be moved to the
slaughter facility or quarantined feedlot only in sealed trucks with a permit
issued by the New Mexico livestock board or USDA personnel and, if destined to a
quarantined feedlot, shall be "S" branded upon arrival at the
feedlot.
C. Steers and spayed heifers from Mexico may enter from
Mexican states that have been determined by the New Mexico livestock board,
acting on the recommendation of the joint United States and Mexico
(bi-national) tuberculosis committee, to have fully implemented the
"control/preparatory" phase of the Mexican tuberculosis eradication
program by September 1, 1995, after having been tested negative for
tuberculosis in accordance with the Norma
Official Mexicana (NOM) within 60 days prior to entry into the United
States and may then move without further restriction within New Mexico.
D. Steers and spayed heifers may not be imported into New
Mexico from Mexican states that have not implemented the
"control/preparatory" phase of the Mexican tuberculosis eradication
program by September 1, 1995.
E. Steers and spayed heifers from Mexico may enter from
Mexican states that have been determined by the New Mexico livestock board,
acting on the recommendation of the joint United States and Mexico
(bi-national) tuberculosis committee, to have fully implemented the
"eradication" phase of the Mexican tuberculosis eradication program
by March 1, 1997, after having been tested negative for tuberculosis in
accordance with the Norma Official
Mexicana (NOM) within 60 days prior to entry into the United States or that
originate from herds within those states that are equal to United States
accredited TB-free herds and that are moved directly from the herd of origin
across the border as a single group and not co-mingled with other cattle prior
to arriving at the border and then may move within New Mexico without further
restriction.
F. Steers and spayed heifers from Mexico may enter from
Mexican states that have been determined by the New Mexico livestock board,
acting on the recommendation of the joint United States and Mexico
(bi-national) tuberculosis committee, to have achieved accredited TB-free
status and move directly into New Mexico without further testing or restriction
provided they are moved as single group and not co-mingled with other cattle
prior to arriving at the border.
G. Holstein and Holstein cross steers and Holstein and
Holstein cross spayed heifers from Mexico are prohibited from entering New
Mexico, regardless of test history.
H. Cattle entering from Mexico for the purpose of feeding
and return to Mexico or slaughter, under the federal (United States) in-bond
program, are exempt from the requirements above in Subsections A through G of
21.32.4.11 NMAC.
I. Rodeo stock from Mexico shall be tested for tuberculosis
by a United States accredited veterinarian or under the supervision of a
USDA-APHIS port veterinarian, within 12 months prior to their utilization as
rodeo or roping stock and retested for tuberculosis every 12 months thereafter.
J. The provisions of this section are intended solely for
cattle born and raised in Mexico or within the United States or Canada and
which were exported to Mexico, in accordance with appropriate rules and
regulations.
[21.32.4.11 NMAC - Rp,
21.32.4.11, 7/16/2024]
21.32.4.12 IMPORT REQUIREMENTS FOR SHEEPAND
GOATS:
A. All sheep and goats entering the state of New Mexico must
be accompanied by a permit previously procured by letter, telegraph, telephone
or verbally requested from the office of the New Mexico livestock board in
Albuquerque or from an officer of the board specifically authorized to issue
entrance permits.
B. Sheep and goats entering the state of New Mexico must be
accompanied by an official health certificate issued by a state inspector of
the state of origin, an inspector of the United States department of
agriculture or by a recognized and accredited veterinarian attesting the
animals in the shipment are apparently free from symptoms of infectious or
contagious disease. Additionally, all
health certificates for sheep shall contain a statement by the certifying
official that the sheep are free of scabies, contagious ovine ecthyma (sore
mouth) and foot rot. The health
certificate shall also certify that the sheep have not been exposed to blue
tongue within 30 days of movement and all breeding rams shall be certified as
individually examined and free of gross lesions of ram epididymitis.
C. Shippers and owners of sheep or goats imported into the
state of New Mexico must notify the livestock inspector at destination upon
arrival in order that the shipment can be inspected for health as required by
law.
[21.32.4.12 NMAC - Rp,
21.32.4.12, 7/16/2024]
21.32.4.13 IMPORT REQUIREMENTS FOR EQUIDAE:
A. All equidae, which includes horses, mules and asses, entering
New Mexico must be accompanied by an official health certificate attesting the equidae in the shipment are free from symptoms of
infectious or contagious disease.
B. All equidae entering the state
of New Mexico must be tested and negative, within 12 months prior to entry, for
equine infectious anemia (EIA) using the agar gel immunodiffusion (AGID) test,
also known as the "Coggins" test or the competitive enzyme-linked
immunosorbent assay (CELISA) test or other USDA licensed test approved by the
board. The date of the test, the
laboratory and the results must be shown on the required health certificate. Individual identification and/or description
of the animal(s) must also be provided on the health certificate.
C. Foals, nursing and accompanied in shipment by a negative
(EIA) tested dam and equidae consigned directly to
slaughter in New Mexico are not required to be tested for EIA. If the dam does not accompany the foal in
shipment, the foal must be tested negative prior to entry.
D. All testing for EIA must be performed at laboratories
approved by USDA for such testing. All
samples must be collected by an accredited veterinarian or full-time state or
federal regulatory personnel.
E. The state veterinarian may grant a special permit to
enter the state of New Mexico for equidae that have a
test pending. This permit must be
requested and granted prior to entry.
[21.32.4.13 NMAC - Rp,
21.32.4.13, 7/16/2024]
21.32.4.14 IMPORT REQUIREMENTS FOR SWINE:
A. All swine entering New Mexico must be accompanied by an
approved certificate of veterinary inspection showing individual identification
and must originate from a herd or area not under quarantine. All swine must have a prior entry permit from
the New Mexico livestock board. All
certificates must certify that the swine have not been fed raw garbage.
B. All swine, regardless of age, must prove negative to a
brucellosis test conducted within 30 days or originate from a brucellosis
"validated herd" and have the date of the last herd test and the herd
certificate number indicated on the approved certificate of veterinary
inspection.
C. All swine, regardless of age, must prove negative to an
official pseudorabies test conducted within 30 days or originate from a
"qualified pseudorabies free herd" and have the date of the last herd
test and the herd certificate number indicated on the approved certificate of
veterinary inspection.
D. All swine must be identified with an official ear notch
(1-3-9-27-81 system), metal or plastic tag. These are the only acceptable means of
identification. Swine consigned directly
to specifically approved feedyards (quarantined feeding facilities) or
recognized slaughtering establishments are not required to meet the individual
identification requirements.
[21.32.4.14 NMAC - Rp,
21.32.4.14, 7/16/2024]
21.32.4.15 SCABIES REGULATIONS FOR IMPORT
CATTLE:
A. All cattle, except
those defined in Subsection B of
21.32.4.15 NMAC below, imported into the state of New Mexico from areas defined
as high risk scabies infected areas shall be officially treated with a USDA
approved pesticide for scabies. This
treatment may be accomplished at origin, en route or
at destination.
B. Cattle not required to be treated if entering New Mexico
from high risk scabies areas include the following:
(1) cattle consigned for immediate
slaughter and will be slaughtered within seven days after entering New Mexico;
or
(2) dairy cattle used for milk production
(these cattle will be inspected only); or
(3) calves under three weeks of age
(these calves will be inspected only); or
(4) cattle consigned directly to a New
Mexico livestock auction market for sale and immediate delivery to slaughter;
or
(5) commuter cattle with a completed and
approved "Colorado-New Mexico commuter cattle agreement."
C. The "high risk scabies infected areas" are to
be determined by the director and the state veterinarian of the New Mexico
livestock board.
D. Scabies treatment of New Mexico cattle moving in commerce
will not be initiated by the board until, or unless the incidence of the
disease within the state of New Mexico warrants such action, as determined by
the appointed members of the New Mexico livestock board.
[21.32.4.15 NMAC - Rp,
21.32.4.15, 7/16/2024]
21.32.4.16 INTERNATIONAL IMPORTS OF LIVESTOCK: All livestock entering New Mexico from any
foreign country and not originating from that country must have met all of the
entry requirements that are in effect for each country through which the
livestock have passed en route to the United States
and have met the requirements for import as required by the United States
department of agriculture that would be imposed upon those livestock had they
been imported directly from the country of origin, unless specifically determined
otherwise by the appointed members of the livestock board.
[21.32.4.16 NMAC - Rp,
21.32.4.16, 7/16/2024]
21.32.4.17 SCRAPIE REGULATIONS FOR IMPORT
SHEEP:
A. The requirements of this section are in addition to the
requirements set forth in21.32.4.12 NMAC bove and are
intended to prevent the spreading of scrapie to New Mexico.
B. In addition to the information required by 21.32.4.12
NMAC, all breeding sheep (fine wool, medium wool or crossbreeds) entering New
Mexico must have the following statement entered on the health certificate:
(1) "The sheep on this certificate
originate from a flock in which scrapie has not been diagnosed in the last five
years and has not been identified as a trace or source flock and there is no
evidence of exposure to scrapie".
(2) The owner or owner's operator or
agent shall print and sign his name under this statement attesting to the
truthfulness of the statement.
C. Medium wool and crossbred sheep must be individually
identified with an ear tag or tattoo (paint and chalk brands are not
acceptable) and that ID shall be placed on the health certificate.
D. Commuter sheep imported into New Mexico from a contiguous
state, without change of ownership and as part of the normal commuting
operation, may enter without meeting the additional scrapie requirements of
Subsections A through C of 21.32.4.17 NMAC above, provided the owner has a
prior approved commuter herd permit from the state veterinarian of New Mexico.
E. Sheep entering New Mexico for grazing or feedlot must
have a health certificate that includes the following statement:
(1) "The sheep on this certificate
originate from a flock in which scrapie has not been diagnosed in the last five
years and has not been identified as a trace or source flock and there is no
evidence of exposure to scrapie".
(2) The owner or owner's operator or
agent shall print and sign his name under this statement attesting to the
truthfulness of the statement.
F. Slaughter sheep, consigned directly to slaughter, must
only meet the requirements of 21.32.4.12 NMAC and are not required to meet the
additional scrapie requirements of this section.
[21.32.4.17 NMAC - Rp,
21.32.4.17, 7/16/2024]
HISTORY OF 21.32.4
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 32.4
- Import Requirements (Transportation of Livestock into New Mexico) filed (03/01/1999)
repealed effective 12/31/2007.
21.32.4 NMAC - Import Requirements (Transportation of
Livestock into New Mexico) filed (12/14/2007) Repealed, effective 7/16/2024.
Other History:
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
32.4, Import Requirements
(Transportation of Livestock Into New Mexico), effective 03/01/1999.
21 NMAC 32.4, Import Requirements (Transportation of
Livestock Into New Mexico)
(filed 01/28/1999) renumbered, reformatted, amended, and replaced by 21.32.4
NMAC, Import Requirements (Transportation of Livestock Into New Mexico), effective 12/31/2007.
21.32.4 NMAC - Import Requirements (Transportation of
Livestock into New Mexico) filed (12/14/2007) Replaced by 21.32.4 NMAC -
Import Requirements (Transportation of
Livestock into New Mexico) effective 7/16/2024.