N.M. Admin. Code § 21.32.2.10

Current through Register Vol. 35, No. 20, October 22, 2024

Section 21.32.2.10 - ALTERNATIVE TO BRANDING CATTLE IN A NEW MEXICO FEEDLOT

A. In accordance with Subsection F of 77-9-3, NMSA 1978, of the Livestock Code of New Mexico, the alternate means of identification for cattle in a feedlot shall be the use of plastic eartags that meet the following specifications and contained information:

(1) The tag must not be smaller than a medium sized tag that measures two and one-half inches by three inches (2 1/2" x 3"); and

(2) Has lettering not smaller than one-forth of an inch (1/4"); and

(3) Is solid color with contrasting color for lettering; and

(4) Is factory engraved with the brand owner's name or a correct facsimile of the owner's New Mexico registered brand.

B. In order to qualify for use of the alternative to branding, the feedlot where the alternative is to be used must have a general permit for concentrated animal feeding operations under the national pollution discharge and elimination system of the U.S. environmental protection agency.

C. Owners of cattle in a feedlot may elect to use the alternative method of identifying their cattle after having received permission from the board to do so. The owner must first request permission to use the alternative and the board may grant that permission after confirming the owner understands the minimum requirements for the alternate form and its proper use.

D. The board shall record the feedlot owner's permission and keep record of those owner's that have requested and been granted permission to use the alternative form of identification allowed by law and this section. For registering the alternative, the board shall charge a fee equal, and in addition, to the fee for recording the New Mexico registered brand of the owner of the cattle. The registered brand and the alternative shall be re-recorded separately at the time of the re-recording.

E. The owner of the feedlot must ensure that the eartags used throughout their feedlot are consistent as to size, lettering, information, and layout. Variations in color and individual animal number placed upon the tag are acceptable.

F. The appointed board has the right to revoke an owner's permission to use the alternate method of identification after a hearing and upon presentation of evidence finds just cause to do so.

G. Cattle that are removed from the feedlot for pasturing in New Mexico shall be branded in accordance with Section 77-9-3, NMSA 1978, prior to removal.

H. Nothing herein shall exempt any owner of livestock, or feedlot operator who has cattle branded with the alternative in their facility, from possessing necessary bills of sale or proof of ownership for their livestock, or the livestock which they have in their possession under authority of the owner, and presenting proof of ownership to an inspector, or agent of the board, upon request.

I. An EID tag will also be accepted as an alternate means of identification for cattle in New Mexico feedlot.

N.M. Admin. Code § 21.32.2.10

21.32.2.10 NMAC - N, 7-31-2000, Adopted by New Mexico Register, Volume XXXV, Issue 13, July 16, 2024, eff. 7/16/2024