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.

History: Laws 1889, ch. 106, § 9; C.L. 1897, § 189; Code 1915, § 87; C.S. 1929, § 4-904; Laws 1933, ch. 53, § 9; 1941 Comp., § 49-312; 1953 Comp., § 47-3-14; Laws 1993, ch. 248, § 27; 1999, ch. 282, § 29.

The 1999 amendment, effective July 1, 1999, added the subsection designations; in Subsection A, substituted "of an emergency rule pursuant to the provisions of Section 77-3-13 NMSA 1978" for "and publication of such proclamation by the governor", and thereafter throughout the section made related substitutions, deleted "or while the prohibition against the importation of livestock from any other state or country is in force" following "continues in force", and deleted "and publishes for the information of the public" at the end of the subsection; substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000)" in Subsection B; in the last sentence of Subsection C, substituted "A livestock inspector or other agent of the board" for "Any person" and "a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "the violation of this law and is subject to all the penalties provided by this section"; and made stylistic changes throughout the section.

The 1993 amendment, effective June 18, 1993, added the current catchline; substituted "livestock" for "cattle" throughout the section; deleted "Cattle Sanitary" preceding "board" at the end of the third sentence; and made minor stylistic changes.

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