HOUSE BILL 105

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO LIVESTOCK; AMENDING AND REPEALING SECTIONS OF THE LIVESTOCK CODE TO CLARIFY THE DEFINITION OF "LIVESTOCK".

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 77-2-1.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 2, as amended by Laws 2001, Chapter 8, Section 2 and also by Laws 2001, Chapter 341, Section 2) is amended to read:

     "77-2-1.1. DEFINITIONS.--As used in The Livestock Code:

          A. "animals" or "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and exotic animals in captivity and includes horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae upon any land in New Mexico [provided that for the purposes of Chapter 77, Article 9 NMSA 1978, "animals" or "livestock" have the meaning defined in that article]. "Animals" or "livestock" does not include canine or feline animals [For the purpose of the rules governing meat inspection, wild animals, poultry and birds used for human consumption shall also be included within the meaning of "animals" or "livestock"];

          B. "bill of sale" means an instrument in substantially the form specified in The Livestock Code by which the owner or [his] the owner's authorized agent transfers to the buyer the title to animals described in the bill of sale;

          C. "bison" or "buffalo" means a bovine animal of the species bison;

          D. "board" means the New Mexico livestock board;

          E. "bond" means cash or an insurance agreement from a New Mexico licensed surety or insurance corporation pledging surety for financial loss caused to another, including certificate of deposit, letter of credit or other surety as may be approved by the grain inspection, packers and stockyards administration of the United States department of agriculture [packers and stockyards administration] or the board;

          F. "brand" means a symbol or device in a form approved by and recorded with the board as may be sufficient to readily distinguish livestock should they become intermixed with other livestock;

          G. "brand inspector" means an inspector who is not certified as a peace officer;

          H. "carcasses" means dead or dressed bodies of livestock or parts thereof;

          I. "cattle" means animals of the genus bos, including dairy cattle, and does not include any other kind of livestock;

          J. "dairy cattle" means animals of the genus bos raised not for consumption but for dairy products and distinguished from meat breed cattle;

          K. "director" means the executive director of the board;

          L. "disease" means a communicable, infectious or contagious disease;

          M. "district" means a livestock inspection district;

          N. "estray" means livestock found running at large upon public or private lands, either fenced or unfenced, whose owner is unknown, or that is branded with a brand that is not on record in the office of the board or is a freshly branded or marked offspring not with its branded or marked mother, unless other proof of ownership is produced;

          O. "inspector" means a livestock or brand inspector;

          P. "livestock inspector" means a certified inspector who is granted full law enforcement powers for enforcement of The Livestock Code and other criminal laws relating to livestock;

          Q. "mark" means an ear tag or ownership mark that is not a brand;

          R. "meat" means the edible flesh of poultry, birds or animals sold for human consumption and includes livestock, poultry and livestock and poultry products;

          S. "mule" means a hybrid resulting from the cross of a horse and an ass; and

          T. "person" means an individual, firm, partnership, association, corporation or similar legal entity."

     SECTION 2. REPEAL.--Section 77-9-1.1 NMSA 1978 (being Laws 1999, Chapter 282, Section 46) is repealed.

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