1. A. Cattle identified by the alternative to branding allowed by Subsection A of 21.32.2.8. NMAC, 21.32.2.9 NMAC, and 21.32.2.10 NMAC shall not be allowed to travel out of district to an auction market by use of a telephone permit under the provisions of Subsection C of 21.32.3.9 NMAC. Cattle branded with the alternative must be visually inspected by an authorized agent of the Livestock Board and a certificate of inspection issued prior to being transported across a livestock inspection district line.
2. B. After the sale of cattle branded with the alternative, the subsequent owner has thirty days within which to remove the tags of the previous owner and brand with their brand, or apply the new owner’s alternative to branding in accordance with Section 77-9-3 NMSA 1978 and this rule.
3. C. For cattle identified by the alternative at the time of sale, the authority to use the alternative to branding shall not be transferred in any way, including by written permission on the bill of sale, to the subsequent owner.
4. D. All cattle identified by the alternative to branding and sold must be inspected at the time of sale by an inspector, or an agent, of the livestock board. This inspection is required regardless of the intention to move the cattle across a district line or out of state. The inspector, or agent, shall document the inspection on the proper certificate and the charge the fees for such inspection.
5. E. A person shall not sell, buy or receive any cattle in New Mexico unless the cattle are branded or has other means of identification acceptable to the board, except cattle imported from another state.
6. F. The inspector shall hold any livestock presented for inspection that are not properly identified and the owner does not have proper documents establishing ownership, until the owner presents to the inspector documents or evidence of ownership. If the owner does not establish ownership to the satisfaction of the inspector, the inspector shall estray the livestock in question in accordance with the Livestock Code in Chapter 77, Article 13, NMSA 1978.
7. G. If the inspector conducting any inspection in accordance with 21.32.2.9, 21.32.2.10, 21.32.2.11 NMAC has cause for concern about the health status of cattle being inspected the inspector may quarantine the cattle, or require the owner of the dairy or feedlot to hold the cattle as if they were quarantined, until the state veterinarian, or his designee, makes a determination of the health status of the cattle in question.

8. H. If the appointed members of the livestock board have reason to believe that any area or region contains a health risk from dangerous and contagious diseases that could affect livestock the board may designate that area or region as one from which movement of livestock to New Mexico or within New Mexico is prohibited. For the purpose of immediate control and protection of the state’s livestock, that determination may be made by the director in consultation with the state veterinarian and then ratified at the next meeting of the appointed board.

   HISTORY OF 21.32.2 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 5/3/1967.

   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 32.2, Branding of Livestock (filed 1/28/1999) Repealed effective 7/31/2000.

   21.32.2 NMAC, Branding of Livestock filed (7/17/2000) Repealed, effective 7/16/2024.

   Other History:

   21 NMAC 32.2, Branding of Livestock (filed 1/28/1999) Replaced by 21.32.2 NMAC, Branding of Livestock effective 7/31/2000.

   21 32.2 NMAC - Branding of Livestock filed (7/17/2000) Replaced by 21 NMAC 30.3 - Branding of Livestock, effective 7/16/2024.

[21.32.2.11 NMAC - Rp, 21.32.2.11 NMAC, 7/16/2024]