TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 32 BRANDS, OWNERSHIP, AND TRANSPORTATION OF
ANIMALS
PART 10 LIVESTOCK BOARD FEES
21.32.10.1 ISSUING AGENCY: New Mexico Livestock Board.
[21.32.10.1 NMAC - Rp,
21.32.10.1, 7/16/2024]
21.32.10.2 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
that receive inspection and other services of the New Mexico livestock board.
[21.32.10.2 NMAC - Rp,
21.32.10.2, 7/16/2024]
21.32.10.3 STATUTORY AUTHORITY: Section 77-2-7, 77-2-29, 77-8-3, 77-8-7, 77-9-10, 77-9-16, 77-9-29, 77-9-38,
77-9-42, 77-10-4, NMSA 1978.
[21.32.10.3 NMAC - Rp,
21.32.10.3, 7/16/2024]
21.32.10.4 DURATION: Permanent.
[21.32.10.4 NMAC - Rp,
21.32.10.4, 7/16/2024]
21.32.10.5 EFFECTIVE DATE: July 16, 2024 unless
a later date is cited at the end of the section.
[21.32.10.5 NMAC - Rp,
21.32.10.5, 7/16/2024]
21.32.10.6 OBJECTIVE: To establish fees for the services provided
by the New Mexico livestock board.
[21.32.10.6 NMAC - Rp,
21.32.10.6, 7/16/2024]
21.32.10.7 DEFINITIONS:
A. "Board" means the New Mexico
livestock board.
B. "Estray" means livestock of
unknown ownership pursuant to Section 77-13-1 through 77-13-10, NMSA 1978.
C. "Holding brand" means a brand
issued pursuant to Section 77-9-16, NMSA 1978, usually for transient livestock
in the state of New Mexico.
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.
[21.32.10.7 NMAC - Rp,
21.32.10.7, 7/16/2024]
21.32.10.8 LIVESTOCK INSPECTION FEES: Effective September 15, 2010, the following
are the inspection charges for services of the New Mexico livestock board,
pursuant to Sections 77-2-29 and 77-2-7, NMSA 1978:
A. Cattle and bison
inspection fee $ 0.50 per head.
B. Horse inspection
fee $ 0.50 per
head.
C. Hide inspection
fee $ 0.50 per
hide.
D. Sheep and goat
inspection fee $ 0.16 per head.
E. Pelt inspection
fee $ 0.12
per pelt.
F. Swine inspection
fee $ 1.00 per
head.
G. Service charge
for field inspection $ 10.00 per
inspection.
H. Youth exhibition
animals congregated at a pre-arraigned site $5.00
per inspection.
I. Service charge
at livestock market $ 0.
J. The payment, in
lieu of fees, on the receipt of livestock at an auction market, pursuant to
Sections 77-10-4 and 77-2-29, NMSA 1978, shall be the same as the amounts
listed in this section.
K. Impoundment fee $10.00 per head per day, pursuant
to Section 7-14-36 and Sub-section J of Section 77-2-29 NMSA 1978.
L. Transportation
fee not to exceed $1.75 per loaded mile for the hauling of impounded trespass
livestock to a livestock auction market facility or receiving station pursuant
to Section 77-14-36 NMSA 1978. In the
event a semi-tractor-trailer must be hired to haul livestock, a reasonable fee
charged by the company shall be paid.
Payment for the transportation fee shall have prior approval of the
inspector from the originating district of the impounded livestock.
[21.32.10.8 NMAC - Rp,
21.32.10.8, 7/16/2024]
21.32.10.9 TRANSPORTATION PERMITS FOR HORSES: The charge for issuance of a transportation
permit (form 1-H), pursuant to Section 77-9-42, NMSA 1978, is twenty-five
dollars ($25.00). The charge for
issuance of an annual transportation permit (form 1-HA) will be fifteen dollars
($15.00), provided however, that no fee is charged for issuance of a transfer
number to a subsequent owner, which is valid for the unexpired portion of the
year for which an annual fee has been paid when a transfer of ownership occurs
during the year for which an annual fee has already been paid. There will be a service charge in the amount
set by Subsection A of 21.32.10.8 NMAC, for a field inspection, for each form
1-H or form 1-HA issued, regardless of where the inspection occurs. The fee for 1-H reproduction is ten dollars
($10.00). The 1-HA cannot be reproduced.
[21.32.10.9 NMAC - Rp,
21.32.10.9, 7/16/2024]
21.32.10.10 ESTRAY CHARGES:
A. There will be an
administrative charge of ten dollars ($10.00) for office handling of each
estray report.
B. Charges for
advertising estrays pursuant to Section 77-13-4, NMSA 1978 will be computed by
dividing the total cost of the advertisement by the individual reports within
that advertisement and that resulting amount shall be charged to the proceeds
being held for a particular estray.
[21.32.10.10 NMAC - Rp,
21.32.10.10, 7/16/2024]
21.32.10.11 BRAND RECORDING FEES:
A. The fee for
recording, a New Mexico livestock brand, pursuant to Sections 77-2-7.4 and
77-2-29, NMSA 1978, is one hundred dollars ($100.00).
B. The fee for
re-recording a New Mexico livestock brand, pursuant to Sections 77-2-7.12 and
77-2-29, NMSA 1978, is one hundred dollars ($100.00).
C. The fee for
transferring ownership of a recorded brand, pursuant to Sections 77-2-7.1 and
77-2-29, NMSA 1978, is one hundred dollars ($100.00).
D. The fee for
recording, or re-recording, a holding brand, pursuant to Sections 77-2-7.9 and
77-9-29, NMSA 1978, is one hundred dollars ($100.00).
E. For the purpose
of affording convenience and ease to brand owners and to lessen the
administrative burden and expense to the board, and recognizing that the board
causes brand re-recordings to occur every three years as permitted by Section
77-2-7.12, NMSA 1978, an option is offered to brand owners to re-record in
optional periods of three years, six years, nine years or 12 years, according
to the following fee schedule:
(1) The
fee to re-record for a three-year period is one hundred dollars ($100.00),
payable at the commencement of that re-recording period.
(2) If
re-record is desired for a six-year period, the fee is two hundred dollars
($200.00), payable at the commencement of that re-recording period.
(3) If
re-record is desired for a nine-year period, the fee is three hundred dollars
($300.00), payable at the commencement of that re-recording period.
(4)
If re-record is desired for a 12-year period, the fee is four hundred dollars
($400.00), payable at the commencement of that re-recording period.
F. Brand owners are
responsible for updating their current address with the board in order to receive timely communication regarding their
re-recording opportunities and obligations.
G. In accordance
with Sections 77-2-7.9 and 77-2-29 NMSA 1978, owners of holding brands who
desire to extend the duration of a holding brand beyond one year must re-apply
annually and must pay the annual renewal fee of one hundred dollars ($100.00).
H. When owners of
dairy cattle and owners of feedlots re-record their brand or register the
alternative to branding as permitted by 21.32.2.9 and 21.32.2.10 NMAC they must
utilize the same re-recording period chosen for brand re-recording. As provided by those rules, the fee for
registering the alternative is the same as, and is in addition to, the fee for
brand re-recording.
[21.32.10.11 NMAC - Rp,
21.32.10.11, 7/16/2024]
21.32.10.12 COPY SERVICES
A. The fee for
making copies of any documents using the agency’s copiers, shall be fifty ($0.50)
cents per page, either 8 ˝ by 11 or 8 ˝ by 14 plus postage.
B. No documents of
the livestock board will be surrendered to anyone, other than employees of the
board, for the purpose of removing the documents from the office of the board in order to have copies made.
C. The fee for
making certified copies shall be three dollars ($3.00) for certification and
fifty cents ($0.50) per page plus postage.
D. The fee for
re-producing 3x5 inch or 4x6 inch photographs shall be ten dollars ($10.00) for
each copy, and larger sizes will be the cost of re-producing plus a ten dollar
($10.00) office fee per request plus postage.
E. The fee for
providing an electronic copy on compact disk of brand owners names and address
shall be one hundred dollars ($100.00) per copy plus postage.
[21.32.10.12 NMAC - Rp,
21.32.10.12, 7/16/2024]
21.32.10.13 ABATTOIRS,
MEAT DEALERS AND STORAGE PLANTS:
A. Annual license
fee for meat dealers, abattoirs and storage plants - one hundred dollars
($100.00).
B. Annual licenses
are valid from January 1st through December 31st.
C. License fees
renewals are due thirty days before the expiration date of the current license.
D. Operating
without a current license is prohibited.
[21.32.10.13 NMAC - Rp,
21.32.10.13, 7/16/2024]
21.32.10.14 DEPOSITS:
A. New Mexico livestock
board inspectors shall deposit all fees to designated banks no later than 10
days from the date of collection.
B. Designated banks
may be proposed by the executive director and confirmed by majority vote of the
board.
C. In the event of
force majeure, the executive director may direct the use of alternative
financial institutions until the next meeting of the board.
[21.32.10.14 NMAC - Rp,
21.32.10.14, 7/16/2024]
History of 21.32.10 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 11/04/1981;
NMLB Rule No. 3, New
Mexico Livestock Board Rules and Regulations, filed 1/30/1985;
NMLB Rule No. 4,
Livestock Inspection Fees, filed 8/5/1993.
History of Repealed Material: 21 NMAC 32.10 - Livestock Board Fees filed
(03/01/1999) repealed effective 7/31/2000..
21.32.10 NMAC -
Livestock Board Fees filed (1/28/1999) 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) and NMLB Rule No. 4, Livestock
Inspection Fees (filed 8/5/1993) renumbered, reformatted, and amended to 21
NMAC 32.10, Livestock Board Fees, effective 3/1/19999.
21 NMAC 32.10,
Livestock Board Fees (filed 1/28/1999) renumbered, reformatted, and amended to
21.32.10 NMAC, Livestock Board Fees, effective 7/31/2000.
21.32.10 NMAC -
Livestock Board Fees filed (1/28/1999) Replaced by 21.32.10 NMAC - Livestock
Board Fees effective 7/16/2024.