New Mexico Statutes
Article 9 - Brands, Ownership, Transportation and Sale of Animals
Section 77-9-28 - Importation of livestock; permit required; penalty.

A. A person who brings livestock into this state by any manner or causing them to be brought in shall, before doing so, obtain a permit from the board or its authorized representative. The permit shall contain a list of all the requirements of the board to be complied with before the livestock can be brought into the state and shall also stipulate any requirements of further tests of the livestock for disease after the livestock are within the state if required by the board. The permit shall accompany the livestock at the time they enter the state, and the requirements set forth in the permit as to tests for diseases or otherwise shall be complied with in every particular before the livestock are permitted to enter. The owner or his agent shall make application to the proper inspector to inspect the imported livestock. The imported livestock shall not be commingled or released to pasture without inspection, except as authorized by the inspector.
B. No prior permits are required for livestock transported directly to international import receiving facilities that are inspected for health of livestock contained in the facilities by the United States department of agriculture or other agency of the United States. Livestock entering at these facilities from a foreign country shall be inspected by an inspector.
C. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head in offense.
History: 1941 Comp., § 49-955, enacted by Laws 1943, ch. 11, § 1; 1951, ch. 43, § 1; 1953 Comp., § 47-9-25; Laws 1963, ch. 252, § 2; 1993, ch. 248, § 59; 1999, ch. 282, § 54.
The 1999 amendment, effective July 1, 1999, in Subsection A, deleted "in writing or by wire" preceding "from the board" in the first sentence, deleted "as set forth in this section" preceding "after the livestock" in the second sentence, deleted "contagious" preceding "diseases" in the third sentence, and added the last two sentences; in Subsection B, inserted "prior" following "No" and substituted "international import receiving facilities that" for "sales rings or yards which" in the first sentence, and added the last sentence; in Subsection C, substituted the language beginning "upon conviction shall be punished" for "shall be punished by a fine of not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100)" at the end of the section; and made stylistic changes throughout the section.
The 1993 amendment, effective June 18, 1993, inserted "buffalo" and substituted "swine" for "hogs" and "board" for "cattle sanitary board of New Mexico" in the first sentence of Subsection A; substituted "the livestock for disease as set forth in this section" for "breeding cattle only for tuberculosis or Bang's disease or both" in the second sentence of Subsection A; deleted "cattle sanitary" preceding "board" at the end of the second sentence in Subsection A; and made a minor stylistic change.
Permit does not preclude inspection of imported animals. — A permit to import animals under this section does not preclude the cattle sanitary board (New Mexico livestock board) or sheep sanitary board (New Mexico livestock board) from performing such inspection duties required of them under 77-9-41 NMSA 1978 as they deem necessary in the public interest. 1953 Op. Att'y Gen. No. 53-5716.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 52.
3A C.J.S. Animals §§ 53, 74.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 77 - Animals and Livestock

Article 9 - Brands, Ownership, Transportation and Sale of Animals

Section 77-9-1 - Repealed.

Section 77-9-1.1 - Repealed.

Section 77-9-2 - [Earmarks; cutting; penalty.]

Section 77-9-3 - Necessity of brand; rebranding required; exceptions.

Section 77-9-4 - Penalty for failure to brand or rebrand; certain sales prohibited.

Section 77-9-5 - Brands of livestock; recording; evidence of ownership.

Section 77-9-6 to 77-9-20 - Repealed and Recompiled.

Section 77-9-21 - Bills of sale; necessity and presumptions; definition of livestock.

Section 77-9-22 - Bills of sale; requirements; evidence of larceny.

Section 77-9-23 - Bill of sale of livestock; duty to exhibit; violation; penalty.

Section 77-9-24 - [Failure to exhibit; knowledge, intent, purpose and motive to be presumed.]

Section 77-9-25 - Repealed.

Section 77-9-26 - Sale by person not brand owner; bill of sale.

Section 77-9-27 - Violation; penalty.

Section 77-9-28 - Importation of livestock; permit required; penalty.

Section 77-9-29 - Inspection rules.

Section 77-9-30 - Exported livestock; inspection of brands and ear marks; record.

Section 77-9-31 - Export livestock to be inspected; penalties.

Section 77-9-32 - Inspection of livestock for export; application; place; payment for delay.

Section 77-9-33 - Inspection of exported livestock; report; inspection of slaughterhouses; penalty.

Section 77-9-34 - Repealed.

Section 77-9-35 - Offense by inspectors; penalty.

Section 77-9-37 - Repealed.

Section 77-9-38 - Inspection fees; lien; record.

Section 77-9-39 - Repealed.

Section 77-9-40 - Exporting of livestock without brand of shipper or bill of sale; inspection; definition of estrays.

Section 77-9-41 - Transportation of horses, mules, asses, cattle, sheep or goats or carcasses thereof; inspection certificate.

Section 77-9-42 - Transportation permits for horses, mules and asses; brand and health certificate good for length of time of ownership.

Section 77-9-43 - Notice of transport; inspection date and place.

Section 77-9-44 - Hides and pelts; exhibiting, tagging and marking.

Section 77-9-45 - Ownership; possession; transportation; seizure; disposition of livestock; refusal of certificate.

Section 77-9-46 - [Officers may stop vehicles; failure to have certificate; arrest and seizure.]

Section 77-9-48 - Repealed.

Section 77-9-49 - Penalty.

Section 77-9-50 - Repealed.

Section 77-9-51 - [Suspected transportation of stolen livestock; search of vehicles; requiring proof of ownership; arrest; seizure.]

Section 77-9-53 - Repealed.

Section 77-9-54 - Transportation of hides.

Section 77-9-55 - [Inspection of hides; butchers; offenses; penalty.]

Section 77-9-56 - Hide purchases; bill of sale; contents; penalty.

Section 77-9-57 - Magistrate jurisdiction.

Section 77-9-58 to 77-9-63 - Recompiled and Repealed.