A. A person who brings livestock into this state by any manner or causing them to be brought in shall, before doing so, obtain a permit from the board or its authorized representative. The permit shall contain a list of all the requirements of the board to be complied with before the livestock can be brought into the state and shall also stipulate any requirements of further tests of the livestock for disease after the livestock are within the state if required by the board. The permit shall accompany the livestock at the time they enter the state, and the requirements set forth in the permit as to tests for diseases or otherwise shall be complied with in every particular before the livestock are permitted to enter. The owner or his agent shall make application to the proper inspector to inspect the imported livestock. The imported livestock shall not be commingled or released to pasture without inspection, except as authorized by the inspector.

B. No prior permits are required for livestock transported directly to international import receiving facilities that are inspected for health of livestock contained in the facilities by the United States department of agriculture or other agency of the United States. Livestock entering at these facilities from a foreign country shall be inspected by an inspector.

C. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head in offense.

History: 1941 Comp., § 49-955, enacted by Laws 1943, ch. 11, § 1; 1951, ch. 43, § 1; 1953 Comp., § 47-9-25; Laws 1963, ch. 252, § 2; 1993, ch. 248, § 59; 1999, ch. 282, § 54.

The 1999 amendment, effective July 1, 1999, in Subsection A, deleted "in writing or by wire" preceding "from the board" in the first sentence, deleted "as set forth in this section" preceding "after the livestock" in the second sentence, deleted "contagious" preceding "diseases" in the third sentence, and added the last two sentences; in Subsection B, inserted "prior" following "No" and substituted "international import receiving facilities that" for "sales rings or yards which" in the first sentence, and added the last sentence; in Subsection C, substituted the language beginning "upon conviction shall be punished" for "shall be punished by a fine of not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100)" at the end of the section; and made stylistic changes throughout the section.

The 1993 amendment, effective June 18, 1993, inserted "buffalo" and substituted "swine" for "hogs" and "board" for "cattle sanitary board of New Mexico" in the first sentence of Subsection A; substituted "the livestock for disease as set forth in this section" for "breeding cattle only for tuberculosis or Bang's disease or both" in the second sentence of Subsection A; deleted "cattle sanitary" preceding "board" at the end of the second sentence in Subsection A; and made a minor stylistic change.

Permit does not preclude inspection of imported animals. — A permit to import animals under this section does not preclude the cattle sanitary board (New Mexico livestock board) or sheep sanitary board (New Mexico livestock board) from performing such inspection duties required of them under 77-9-41 NMSA 1978 as they deem necessary in the public interest. 1953 Op. Att'y Gen. No. 53-5716.

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

3A C.J.S. Animals §§ 53, 74.