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.
[21.35.5.1 NMAC - Rp, 21.35.5.1, 7/16/2024]
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, 21.35.5.2, 7/16/2024]
21.35.5.3 STATUTORY AUTHORITY: Section 77-2-7, 77-3 and 77-9A-1
through 77-9A-5 NMSA 1978.
[21.35.5.3 NMAC - Rp, 21.35.5.3, 7/16/2024]
21.35.5.4 DURATION: Permanent.
[21.35.5.4 NMAC - Rp, 21.35.5.4, 7/16/2024]
21.35.5.5 EFFECTIVE DATE: July 16, 2024
unless a later date is cited at the end of a section.
[21.35.5.5 NMAC - Rp, 21.35.5.5, 7/16/2024]
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, 21.35.5.6, 7/16/2024]
21.35.5.7 DEFINITIONS:
A. “Board” means the
New Mexico livestock board.
B. “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.
C. “Cattle or sheep rest
station owner” means any person, persons, corporation, or organization
operating a cattle rest station.
D. “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.
E. “Director” means
the executive director of the New Mexico livestock board.
F. “Inspector” means
any duly authorized or commissioned officer of the livestock board.
G. “Livestock” means
cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites,
camelids, and farmed cervidae.
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. “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.
[21.35.5.7 NMAC - Rp, 21.35.5.7, 7/16/2024]
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, 21.35.5.8, 7/16/2024]
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 5/30/1967;
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 35.5, Cattle Rest Stations, (filed
1/28/1999) repealed effective 11/30/2001.
21.35.5 NMAC - Cattle and Sheep Rest Stations (filed
11/14/2001) repealed effective 7/16/2024.
Other History: 21
NMAC 35.5 - Cattle and Sheep Rest Stations (filed 1/28/1999) Replaced
21.35.5 NMAC - Cattle and Sheep Rest Stations effective
11/30/2001.
21.35.5 NMAC - Cattle and Sheep Rest Stations (filed 11/14/2001) Replaced
by 21.35.5 NMAC - Cattle and Sheep Rest Stations, effective 7/16/2024.