A. When the board or any of its authorized representatives finds that a disease, the nature of which is known to be fatal or highly injurious to livestock, pigeons or fowl of any kind, has become epidemic or exists in a locality in a country, state or territory beyond the limits of this state, the board shall immediately adopt and promulgate emergency rules to prohibit the importation into this state of any animals, including livestock, subject to the disease that may be so reported.

B. The board shall specify such restrictions and safeguards as it deems proper and shall specify for the protection of livestock in this state and may also prohibit the importation into this state of any hoofs, hides, skins or meat of any animals or any hay, straw fodder, cottonseed or other products or material calculated to carry the infection of such disease.

C. Emergency rules may be adopted and promulgated without the notice and hearing required of other rules and shall take effect immediately. If the board contemplates that an emergency rule will be in effect for longer than ninety days, it shall give notice and hold a hearing to adopt the emergency rule as a rule.

D. Any person who violates any provision of this section or an emergency rule issued in accordance with this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head and is also liable in a civil action for any damages and loss sustained by reason of such importation of the livestock or of any of the products provided for in this section.

History: Laws 1889, ch. 106, § 8; C.L. 1897, § 188; Code 1915, § 86; Laws 1915, ch. 35, § 1; C.S. 1929, § 4-903; Laws 1933, ch. 53, § 8; 1941 Comp., § 49-311; 1953 Comp., § 47-3-13; Laws 1993, ch. 248, § 26; 1999, ch. 282, § 28.

Cross references. — For posting of notices on infected pastures and buildings, see 77-3-5 NMSA 1978.

For importation of cattle for dairy purposes, see 77-5-4 NMSA 1978.

The 1999 amendment, effective July 1, 1999, rewrote this section to the extent that a detailed comparison is impracticable.

The 1993 amendment, effective June 18, 1993, added the current catchline; substituted "the board or any of its authorized representatives" for "said Cattle Sanitary board or of its authorized representatives or to the knowledge of the Sheep Sanitary Board or of any veterinarian, inspector or officer of said Sheep Sanitary Board"; substituted "livestock" for "cattle, horses, burros, mules, sheep, goats, hogs"; and made related and other minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 52.

3A C.J.S. Animals § 74.