A. A person who has in his possession or under his care any livestock that he knows or has reason to believe is affected with a disease shall without unnecessary delay tell the board or some member of the board or the sheriff of the county in which the livestock is situate. The sheriff shall immediately notify the director.

B. A person shall not bring into this state or sell or dispose of any livestock known to be affected or exposed to disease or move diseased or exposed livestock from quarantine or move any livestock to or from a district in the state declared to be infected with a disease or bring into this state any diseased livestock from a district outside the state that may at any time be legally declared to be affected with such disease without the consent of the board.

C. A person who violates a provision of Subsection A or B of 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 illegally moved.

D. Any guard or other proper expenses incurred in the quarantining of the livestock shall be paid by the owner, and if the same is refused, after demand made by order of the board, an action may be brought to recover the same with costs of suit, which action may be brought in the name of the state for the use of the board. It is the duty of all sheriffs to execute all lawful orders of the board.

History: Laws 1909, ch. 9, § 2; Code 1915, § 107; Laws 1927, ch. 25, § 2; C.S. 1929, § 4-1010; 1941 Comp., § 49-302; 1953 Comp., § 47-3-2; Laws 1993, ch. 248, § 18; 1999, ch. 282, § 21.

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, deleted "or Constable" and "and Constables" following "sheriff" and "sheriffs" in the first sentence and in the second paragraph; substituted "Sections 77-3-1 through 77-3-4, 77-3-9 and 77-3-10 NMSA 1978" for "Sections 106 to 111" in the second sentence; deleted "Cattle Sanitary" preceding "board" at the end of the second sentence; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 50 et seq.

3A C.J.S. Animals §§ 91 to 98.