TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 35 LIVESTOCK MARKETING
PART 6 ANIMAL ENTERPRISE PROTECTION
21.35.6.1 ISSUING AGENCY: New Mexico Livestock Board.
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21.35.6.2 SCOPE: The protections accorded by these regulations extend to livestock enterprises in the State of New Mexico.
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21.35.6.3 STATUTORY AUTHORITY: Sections 77-2-1, 77-2-7, 77-2-22 and such other regulatory authority as provided in Chapter 77 NMSA 1978. Additional authority is the federal Animal Enterprise Terrorism Act, 18 U.S.C. Section 43 and decisional authority under that penal statute and its predecessor Animal Enterprise Protection Act. See United States v. Fullmer, 584 F.3d 132 (3d Cir.), cert denied, Kjonaas v. United States, 2011 U.S. LEXIS 1930 (2011); United States v. Buddenberg, 2009 U.S. Dist. LEXIS 100477 (N.D. Cal. 2009).
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21.35.6.4 DURATION: Permanent.
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21.35.6.5 EFFECTIVE DATE: December 31, 2012, unless a later date is cited at the end of a section.
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21.35.6.6 OBJECTIVE: To afford livestock animal enterprises in New Mexico protection against animal enterprise terrorism. These regulations do not, nor could they, undermine or detract in any manner from the force and effect of federal law, which provides protection to animal enterprises under 18 U.S.C. Section 43, together with any other applicable federal penal laws, such as stalking, conspiracy, and the use of telecommunications devices to abuse, threaten and harass. These regulations do not, nor could they, undermine or detract in any manner from the force and effect of applicable state law.
[21.35.6.6 NMAC - N, 12/31/2012]
21.35.6.7 DEFINITIONS:
A. “Animal” means livestock including cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids and farmed cervidae.
B. “Board” means the New Mexico livestock board.
C. “Immediate family member” means the spouse, parent, brother or sister, child or person to whom he stands in loco parentis, or any other person living in his household and related to him by blood or marriage.
D. “Livestock animal enterprise” means a commercial or academic enterprise that uses or sells livestock animals or livestock animal products for profit, food or fiber production, agriculture, education, research, testing, breeding; rodeo or other lawful competitive animal event; or a fair or similar event intended to advance agricultural arts and sciences. The term “livestock animal enterprise” also includes persons, firms and entities licensed by the New Mexico livestock board, including licensed horse rescues, licensed meat dealers, licensed slaughterers, and licensed livestock auction markets.
E. “Serious bodily injury” means injury posing a substantial risk of death; extreme physical pain; protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
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21.35.6.8 PROHIBITION AGAINST FORCE, VIOLENCE AND THREATS INVOLVING LIVESTOCK ANIMAL ENTERPRISES:
A. Whoever, for the purpose of damaging or interfering with the operations of a livestock animal enterprise, and in connection with such purpose:
(1) intentionally damages any real or personal property, intentionally causes to suffer or contributes to the suffering or prolonged suffering of any livestock animal or intentionally causes the loss of any real or personal property (including livestock animals or records) used by a livestock animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with a livestock animal enterprise;
(2) intentionally places a person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family of that person, or a spouse or intimate partner of that person by conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; or
(3) violates the criminal laws of this state, including, without limitation, the criminal trespass statute at NMSA 1978, Section 30-28-1; the harassment and stalking statutes at NMSA 1978, Sections 30-3A-2, -3 and -3.1; and the computer abuse statute at NMSA 1978, Section 30-45-4; shall be punished as provided in NMSA 1978, Section 77-2-22 (providing a misdemeanor penalty, unless otherwise provided by law, for persons who violate board rules).
B. Exemption for government: These regulations do not apply to governmental conduct, state or federal. Law enforcement and regulatory activities of the New Mexico livestock board and it inspectors, of the USDA, of other peace officers and prosecutorial; officers are not impaired or affected by these regulations.
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HISTORY OF 21.35.6 NMAC: [RESERVED]