77-3-14 Health certificate; inspection; permit; penalty.
A. After the issuance of an emergency rule pursuant to the provisions of Section 77-3-13 NMSA 1978 and while the emergency rule continues in force, it is unlawful for a person to drive or transport or cause to be driven or transported into this state any livestock that by any direct or circuitous route might have come from any place or district covered by the emergency rule without first having obtained a certificate of health from a veterinarian or a permit in writing from the board under such rules as the board prescribes.
B. A person failing to comply with this provision is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 and is also personally liable for all loss and damages sustained by any persons by reason of the introduction of a disease from the livestock unlawfully imported into this state.
C. During the time covered by the emergency rule, all livestock desiring to enter the state shall submit to an inspection and shall not be permitted to enter the state until a written or printed permit is issued by the board. A livestock inspector or other agent of the board may require the person in charge of the livestock to produce the permit for his inspection, and any person refusing to produce the permit at any time within a year from the time the livestock were driven in is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
77-3-14.1 AGID tests required.
The board shall adopt reles prohibiting the driving or transporting into this state of any horses or other equidae that have not tested negative to the AGID, or Coggins, test or a United States department of agriculture- approved equivalent test for equine infectious anemia within twelve months prior to the date of entry, the evidence of which test result shall be shown on a health certificate; excepting from regulation only those foals accompanied in shipment by a negative-tested dam, those horses or other equidae consigned directly to slaughter.
77-3-15 Investigation of suspected illegal imports; oaths; health certificate
Whenever the board, during the continuance in force of any prohibition against the importation into this state of livestock has good reason to believe or suspect that any such livestock against the importation of which prohibition then exists have been or are about to be driven, conveyed or transported into this state in violation of any such prohibition then existing and then in force, it is the duty of the board, either by its own members or through a veterinarian or through one or more of such persons then in their employ as circumstances shall seem to require, to thoroughly investigate the same. They may examine, under oath or affirmation, any person in charge of the livestock or any person cognizant of any facts or circumstances material to the investigations and all facts connected with the driving or transportation of the livestock, including the place or places from which the livestock have been driven or transported; the places or districts through which they have been driven or transported; the length of time and where they have remained, fed or grazed at any designated place or district; what contagious or infectious disease of livestock, if any, they have been exposed to and when and where; and any other facts or circumstances material to the investigation and reduce such testimony to writing in all cases where the certificate of health or the permit in writing provided for in this section shall be refused. The members of the board, a veterinarian and all other persons as aforesaid so in the employ of the board through whom any such investigation shall be made hereby are authorized to administer all oaths and affirmations required in any such investigation. If any such investigation is made by such veterinarian and he is satisfied that the livestock are free from all contagious and infectious disease and will not communicate any disease to any livestock in this state, he shall deliver to the person in charge of the livestock a certificate of health to the effect that the livestock are healthy and entitled to pass into the state, otherwise he shall refuse the same. If such investigation is made by any other persons authorized as specified in this section to make the investigation and they are satisfied that the livestock will not transmit to the livestock in this state any livestock disease and that the facts and circumstances attending their transportation warrant the presumption that such livestock are not from any prohibited areas, a recommendation that the importation of the livestock shall then be permitted, shall be communicated to the board and the board shall upon concurrence give the person in charge of the livestock a written permit to pass the same into the state, otherwise such permit shall be refused.
77-3-16 Rules and regulations.
It is the duty of the board to make all useful rules and regulations respecting examinations and investigations for the granting or refusing of certificates of health and permits provided for in the next succeeding section and give ample publicity thereto so that all persons, companies and corporations who may desire to drive or transport any livestock into the state may be conveniently advised of what will be required to obtain any such certificate or permit during the existence of any prohibition to the importation of livestock into the state and of when, where and to whom application therefor may be made.
1 ISSUING AGENCY
New Mexico Livestock Board
300 San Mateo, NE
Albuquerque, New Mexico 87108
Telephone: (505) 841-6161 [3-1-99]
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 NMAC 30, 33, & 35. [3-1-99]
3 STATUTORY AUTHORITY: Section 77-2-7, A. 6, 7, 8, 9, & 12, Section 77-3-1, and Section 77-9-28, NMSA 1978 [3-1-99]
3A PRE-NMAC REGULATORY FILING 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. [3-1-99]
4 DURATION: Permanent [3-1-99]
5 EFFECTIVE DATE: March 1, 1999, unless a later date is cited at the end of the section or paragraph. [3-1-99]
6 OBJECTIVE: To establish ownership and health rules governing transportation of livestock within and into New Mexico. [3-1-99]
7.1 "Board" means the New Mexico Livestock Board. [3-1-99]
7.2 "Director" means the executive director of the New Mexico Livestock Board. [3-1-99]
7.3 "Holstein cross" means bovines that have some percentage of holstein or other dairy breed in their genetic lineage. [3-1-99]
7.4 "Inspector" means any duly authorized or commissioned officer of the
Livestock Board. [3-1-99]
7.5 "Livestock or animal" means cattle, sheep, swine, bison, goats, horses, mules, asses, poultry, ratites, camelids, and farmed cervidae. [3-1-99]
7.6 "New Mexico Livestock" means any livestock raised or pastured or fed within the State of New Mexico. [3-1-99]
7.7 "Person" means an individual, partnership, association, or operation. [3- 1-99]
7.8 "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. [3-1-99]
7.9 "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. [3-1-99]
7.10 "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 opened. [3-1-99]
7.11 "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. [3-1-99]
7.12 "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. [3-1-99]
7.13 "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. [3-1-99]
7.14 "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. [3-1- 99]
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13 IMPORT REQUIREMENTS FOR EQUIDAE
13.1 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. [3-1-99]
13.2 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. [3-1-99]
13.3 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. [3-1-99]
13.4 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. [3-1-99]
13.5 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. [3-1-99]
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16 INTERNATIONAL IMPORTS OF LIVESTOCK
16.1 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. [3-1-99]
Amended in 1999.
Reviewed by AAHS in October 2001.
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