N.M. Admin. Code § 21.32.2.9

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

Section 21.32.2.9 - ALTERNATIVE TO BRANDING CATTLE IN A NEW MEXICO DAIRY

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 dairy cattle 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-fourth 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, a correct facsimile of the owner's New Mexico registered brand, or the New Mexico department of agriculture milk permit number.

B. Owners of dairy cattle may elect to use the alternative method of identifying cattle in their dairy, or other confined feeding operation in which ownership has not changed, 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.

C. The board shall record the 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.

D. The owner of the dairy must ensure that the eartags used throughout their dairy are consistent as to lettering, information, and layout. Within a dairy, variations in color, size, and individual animal number placed upon the tag are acceptable, provided that the tags meet the minimum requirements of 21.32.2.9.A NMAC.

E. 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.

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

G. Nothing herein shall exempt any owner of livestock from possessing necessary bills of sale or proof of ownership for their livestock and presenting proof of ownership to an inspector, or agent of the board, upon request.

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

N.M. Admin. Code § 21.32.2.9

21.32.2.9 NMAC - N, 7-31-2000, Amended by New Mexico Register, Volume XXXII, Issue 01, January 12, 2021, eff. 1/12/2021, Adopted by New Mexico Register, Volume XXXV, Issue 13, July 16, 2024, eff. 7/16/2024