Every inspector shall be an inspector of brands and ear marks and also an inspector of hides and slaughterhouses, and it is the duty of the inspectors to inspect the brands and ear marks of all livestock transported or driven from a district or out of this state and to make a sworn report to the director of the result of such inspection at least once every thirty days and more often if, in the opinion of the board, it is necessary. Every slaughterhouse in this state shall be carefully inspected by the inspectors, and all hides found in slaughterhouses shall be carefully compared with the records of the slaughterhouses and a report in writing setting forth the number of livestock killed at the slaughterhouse since the last inspection, the names of the persons for whom each of the livestock were slaughtered, the brands and marks upon each hide and any information that may be obtained touching the violation by the owner of any slaughterhouse, or any other person, of any of the provisions of Sections 77-17-9 and 77-17-10 NMSA 1978. For the purpose of making an inspection, an inspector has the right to enter in the day or night any slaughterhouse or other place where livestock are killed in this state and to carefully examine the premises and all books and records required by law to be kept on the premises and to compare the hides found with the records. A person who hinders or obstructs or attempts to hinder or obstruct an inspector in the performance of any of the duties required of him by law is guilty of a misdemeanor and on conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense.
History: Laws 1891, ch. 34, § 7; C.L. 1897, § 213; Laws 1909, ch. 75, § 4; Code 1915, § 147; C.S. 1929, § 4-1433; 1941 Comp., § 49-930; 1953 Comp., § 47-9-30; Laws 1993, ch. 248, § 63; 1999, ch. 282, § 59; 2001, ch. 8, § 4; 2001, ch. 341, § 4.
Cross references. — For inspection of hides before shipment, see 77-9-54 NMSA 1978.
For inspection of records, hides and ears kept by slaughterhouses, see 77-17-10 NMSA 1978.
For inspection of hides and ears of slaughtered cattle and sheep, see 77-17-12 NMSA 1978.
The 2001 amendment, effective June 15, 2001, substituted "and 77-17-10 NMSA 1978" for "through 77-17-11 NMSA 1978"; and deleted former Subsection B, concerning arrest by livestock inspectors and authority to carry arms.
Laws 2001, ch. 8, § 4 and Laws 2001, ch. 341, § 4, both effective June 15, 2001, enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 341, § 4. See 12-1-8 NMSA 1978.
The 1999 amendment, effective July 1, 1999, inserted "penalty" in the section heading; deleted "employed by the board under the provisions of Section 77-2-7 NMSA 1978" following "Every inspector", and inserted "from a district or" in the first sentence; substituted "for whom each of the livestock were slaughtered" for "from whom each of the cattle was bought" in the second sentence; substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense" for "fined in any sum not exceeding one hundred dollars ($100), at the discretion of the court trying the case" in the last sentence; and made stylistic changes throughout the section.
The 1993 amendment, effective June 18, 1993, added the current catchline; inserted the subsection designations "A" and "B"; deleted "sanitary" preceding "board" throughout the section; substituted "Section 77-2-7 NMSA 1978" for "Section 77" in the first sentence of Subsection A; substituted "Sections 77-17-9 through 77-17-11 NMSA 1978" for "Sections 544 to 548" at the end of the second sentence of Subsection A; deleted "cattle sanitary" preceding "board" in the first sentence and substituted "livestock" for "cattle, horses, mules or asses" in the first sentence of Subsection B; deleted "provided, that person so arrested shall be turned over to the local officers as soon as possible and [such] inspectors shall not receive any fees or mileage therefor" at the end of Subsection B; and made minor stylistic changes.
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Article 9 - Brands, Ownership, Transportation and Sale of Animals
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 77-9-26 - 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 77-9-35 - Offense by inspectors; penalty.
Section 77-9-38 - Inspection fees; lien; record.
Section 77-9-43 - Notice of transport; inspection date and place.
Section 77-9-44 - Hides and pelts; exhibiting, tagging and marking.
Section 77-9-46 - [Officers may stop vehicles; failure to have certificate; arrest and seizure.]
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.