TITLE
21 AGRICULTURE AND RANCHING
CHAPTER 35 LIVESTOCK MARKETING
PART 5 CATTLE AND SHEEP REST STATIONS
21.35.5.1 ISSUING AGENCY: New Mexico Livestock Board, 300 San Mateo, NE,
Suite 1000, Albuquerque, New Mexico
87108, Telephone: (505) 841-6161
[21.35.5.1
NMAC – Rp, 21, NMAC 35.5.1, 11-30-2001]
21.35.5.2 SCOPE: All owners and operators
of livestock rest stations and facilities used as rest stations and all owners,
transporters, or handlers of livestock in the State of New Mexico and those
that bring livestock into the state for any reason and utilize the services
provided by rest stations. Additional
requirements for livestock owners governing livestock business activities can
be found in Title 21, Chapters 30, 32, 33, & 34 of the NMAC.
[21.35.5.2
NMAC – Rp, 21 NMAC 35.5.2, 11-30-2001]
21.35.5.3 STATUTORY AUTHORITY: Section 77-2-7, and Article 3 of Chapter 77 and
77-9A-1 through 77-9A-5 NMSA 1978.
[21.35.5.3
NMAC – Rp, 21 NMAC 35.5.3, 11-30-2001]
21.35.5.4 DURATION: Permanent.
[21.35.5.4
NMAC – Rp, 21 NMAC 35.5.4, 11-30-2001]
21.35.5.5 EFFECTIVE DATE: November 30, 2001, unless a later date is
cited at the end of a section.
[21.35.5.5
NMAC – Rp, 21 NMAC 35.5.5, 11-30-2001]
21.35.5.6 OBJECTIVE: To establish rules governing the operation,
inspection services, and licensing of cattle and sheep rest stations in New
Mexico.
[21.35.5.6
NMAC – Rp 21 NMAC 35.5.6, 11-30-2001]
21.35.5.7 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. “Cattle or
Sheep Rest Station Owner” means any person, persons, corporation, or
organization operating a cattle rest station.
F. “Cattle Rest
Station” means any facility in the state of New Mexico, which is used for the
purpose of receiving and holding for rest, feeding, watering cattle, which are
in transit within or through New Mexico.
G. “Sheep Rest Station” means any facility in the state of New
Mexico, which is used for the purpose of receiving and holding for rest,
feeding, or watering sheep or goats, which are in transit within or through New
Mexico.
H. “New Mexico Livestock” means any livestock raised or pastured or fed within the State of New Mexico.
I. “Person”
means an individual, partnership, association, or operation.
J. “Bond” means
cash or an insurance agreement from a New Mexico Licensed surety or insurance
corporation pledging surety for financial loss caused to another, including
certificate of deposit, irrevocable letter of credit or other surety as may be
approved by the United States department of agriculture, packers and stockyards
administration or the board
[21.35.5.7
NMAC – Rp 21 NMAC 35.5.7, 11-30-2001]
21.35.5.8 LICENSING OF REST STATIONS:
A. Cattle and
sheep rest stations shall be licensed and bonded in accordance with Section
77-9A-2, NMSA 1978. The licensed shall
renewed annually. The bond shall be in
an amount of $10,000.00.
B. The NM
Livestock Board or it’s inspector shall be notified upon arrival of all
shipments entering a cattle or sheep rest station. An inspection of the cattle, sheep or goats may be conducted by a
livestock inspector, or his authorized agent.
C. All cattle,
sheep or goats entering a cattle or sheep rest station on direct shipment from
outside the continental United States, must be accompanied by an official form
issued by a federal official of the U.S.D.A. showing the current health status
of the shipment, indicating the type of inspection and treatment administered
prior to entry, and indicating the destination of the shipment. If the cattle, sheep or goats crossed at
Santa Teresa or Columbas, they must also be accompanied by the New Mexico
Livestock Board Inspection Certificate issued at the port of entry.
D. All cattle,
sheep or goats entering a cattle or sheep rest station from a state within the
continental United States shall be accompanied by an official certificate
issued by an accredited veterinarian, state, or federal official of the that
state of origin, which certificate shall indicate the current health status,
the place of origin, and the destination of the shipment.
E. The owner or
operator of the cattle or sheep rest station shall provide a book to be used
expressly by him of his agent for the purpose of recording the following
information for each consignment of cattle or sheep entering the rest station:
(1) Date and time
of arrival;
(2) Origin of the
shipment;
(3) Name and
address of the importer, consignor, or shipper;
(4) Name of the carrier upon arrival and
departure;
(5) Number and
class of livestock;
(6) Livestock
identification (brands, eartags, etc);
(7) Name and
address of consignee;
(8) Place of destination (city and
state); and date and time of departure from the cattle or sheep rest station.
F. The record
book shall be available at any time, day or night, to a representative of the
New Mexico Livestock Board.
G. Cattle, sheep
or goat shipments entering a New Mexico cattle or sheep rest station, with a
predetermined destination within, or out of the state of New Mexico, may depart
without inspection, provided the shipment is not altered, sorted, reconfigured,
or diverted from the destination indicated on the accompanying certificate.
H. Cattle, sheep
or goat shipments entering without a predetermined destination, or shipments
diverted from the predetermined destination, shall be subject to inspection at
the prescribed fee, by a representative of the New Mexico Livestock Board.
I. Cattle, sheep
or goats remaining in a cattle or sheep rest station for a period of more than
twelve hours, are subject to inspection at the prescribed fee, at the
discretion of the New Mexico Livestock Board.
J. No cattle,
sheep or goats may be allowed to enter a cattle or sheep rest station without
the required official certificate prescribed in 8.3 or 8.4 above until prior
permission is obtained from the livestock inspector, or other official of the
New Mexico Livestock Board.
K. The penalty for
violating any of the regulations of this section shall be as provided by
Section 77-9A-4, NMSA 1978, and, at the discretion of the appointed board, may
result in revocation of the rest station license and forfeiture of the
bond.
[21.35.5.8
NMAC – Rp, 21 NMAC 35.5.8, 11-30-2001]
History of 21.35.5 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
05-03-67;
NMLB
70-1, Rules and Regulations of the New Mexico Livestock Board, filed 03-11-70;
NMLB
76-1, New Mexico Livestock Board Rules and Regulations,
filed 05-06-76;
NMLB
69-2, Notice-All NM Sheepmen re: branding, filed 12-10-69;
NMLB
72-2, Resolution re: Cattle Scabies
Outbreak, filed 01-31-72;
NMLB
72-3, Resolution re: Cattle Scabies Outbreak, filed 01-31-72;
NMLB
72-4, Resolution re: Cattle Scabies Outbreak,
filed 01-31-72;
NMLB
-1, New Mexico Livestock Board Rules and Regulations, filed 10-17-79;
NMLB
-2, New Mexico Livestock Board Rules and Regulations, filed 11-04-81;
NMLB
Rule No. 3, New Mexico Livestock Board Rules and Regulations, filed 01-30-85.
History repealed
material:
21
NMAC 35.5, Cattle Rest Stations, filed 1-28-99 repealed effective 11-30-2001.