Livestock Auction Markets

NMSA 1978 ch. 77, art. 10

in effect

NMSA 1978, § 77-10-1 Definitions

77-10-1. Definitions As used in Chapter 77, Article 10 NMSA 1978: A. "livestock auction market" means a place, establishment or facility conducted or operated for compensation or profit as a public livestock market consisting of pens or other enclosures, barns, stables, sheds and their appurtenances, including saddle and work stock, and vehicles used in connection therewith or in the operation thereof where livestock not owned by the operator for at least three months next preceding the receipt thereof is received, held or kept for any purpose other than: (1) immediate shipment or immediate slaughter; (2) grazing, feeding or breeding; or (3) for the sale and exchange of breeding stock by a bona fide livestock association; and B. "operator" means a person in control of the management or operation of a livestock auction market. Laws 1937, ch. 59, § 1; 1941 Comp., § 49-1001; 1953 Comp., § 47-10-1; Laws 1969, ch. 175, § 1; 1993, ch. 248, § 75; 1999, ch. 282, § 71.

NMSA 1978, § 77-10-2 Necessity of license; application; fee; bond; cancellation of license; copies

77-10-2. Necessity of license; application; fee; bond; cancellation of license; copies A. It is unlawful for a person to operate a livestock auction market in this state unless he is the holder of an unexpired, uncanceled license issued by the board. B. An application to operate a livestock auction market shall set forth: (1) the name and address of the applicant; (2) the location of the livestock auction market for which application is made; and (3) a description of the facilities afforded by the livestock auction market. C. The application shall be accompanied by the payment of a license fee set by the board not to exceed the amount prescribed by law. D. The applicant shall file with the packers and stockyards division of the United States department of agriculture a bond in the penal sum as prescribed by the packers and stockyards division and approved by the board and conditioned that the principal shall comply with the terms of the surety and with all of the terms and conditions of Chapter 77, Article 10 NMSA 1978, with some surety company authorized to do business in this state. E. If the applicant satisfies the conditions of application, the board shall issue a license good for one year to operate the livestock auction market at the location specified in the application. F. A license issued in accordance with this section may be canceled by the board for violation of Chapter 77, Article 10 NMSA 1978 by the licensee, and the board may refuse to issue a license to a person whose previous license has been canceled or to any firm, association or corporation of which he is a member or by which he is employed. G. It is unlawful for an operator to employ a person whose license was canceled by the board or to operate a livestock auction market in which that person has direct or indirect interest. H. The bond required by this section shall be for the benefit of a person damaged by a breach of the condition of the bond, and the person damaged shall be entitled to bring an action on the bond in his own name. The board shall furnish a certified copy of the bond to a person who applies for a copy on payment of the fee set by the board for copy services. Laws 1937, ch. 59, § 2; 1941 Comp., § 49-1002; 1953 Comp., § 47-10-2; Laws 1969, ch. 175, § 2; 1999, ch. 282, § 72.

NMSA 1978, § 77-10-3 Duties of licensees

77-10-3. Duties of licensees The operator shall: A. keep posted and on display in a conspicuous place at the livestock auction market an unexpired, uncanceled license issued by the board as provided in Section 77-10-2 NMSA 1978; B. keep the livestock auction market clean and sanitary and, whenever required by the board or a veterinarian authorized by the board, shall disinfect the livestock auction market or any part thereof and shall procure to be administered preventive or curative treatment of livestock in the possession of the operator, all under the supervision and direction of the board or its authorized veterinarian and without expense to the board; C. allow the board and its members and officials and its inspectors and authorized veterinarians to have convenient access to the livestock auction market and its books and records or any livestock that may be in his possession at all reasonable times for the purpose of inspection; D. post in a conspicuous place at the livestock auction market a schedule of all charges for services, accommodations and facilities that he holds himself out as ready, able and willing to furnish at the livestock auction market to owners of livestock and shall file a true copy of the schedule with the board. The schedule shall be the sole basis for all charges until a different schedule has been posted and filed; E. immediately after the sale of any livestock at the livestock auction market, account and pay to the owner of the livestock the entire proceeds of the sale less his applicable scheduled charges; F. make promptly after each sale and keep for a period of three years a complete record of the sale that contains a description of the livestock sold, the name of the owner and of the purchaser, the date of sale, the sale price and the amount and items of the operator's charges and open all such records to examination by the board or its inspector at any time on request; G. be responsible for the wrongful acts or omissions of his agents and employees; and H. comply with and conform to all lawful rules of the board and shall cooperate with the board in preventing the spread of diseases through the operation of the livestock auction market and in the suppression of livestock theft. Laws 1937, ch. 59, § 3; 1941 Comp., § 49-1003; 1953 Comp., § 47-10-3; Laws 1999, ch. 282, § 73.

NMSA 1978, § 77-10-4 Notice to board of receipt of livestock; contents; fees

77-10-4. Notice to board of receipt of livestock; contents; fees Immediately on receipt of any livestock at the livestock auction market, the operator shall give written notice to the board in such form as the board may prescribe, stating the kind and number and description of the livestock received. At the same time, the operator shall collect and remit to the board or agent for the board the inspection fees prescribed by law for each head of livestock received. All money paid to the board shall be deposited to the proper board fund. Laws 1937, ch. 59, § 4; 1941 Comp., § 49-1004; Laws 1951, ch. 167, § 1; 1953 Comp., § 47-10-4; Laws 1969, ch. 175, § 3; 1973, ch. 234, § 4; 1981, ch. 357, § 12; 1993, ch. 248, § 76; 1999, ch. 282, § 74.

NMSA 1978, § 77-10-5 Livestock inspected by board inspector

77-10-5. Livestock inspected by board inspector All livestock received at a livestock auction market shall be inspected by an inspector as soon as practicable. The inspector shall satisfy himself as to the ownership of the livestock and the purpose for which it has been received. Before the removal of the livestock, it shall be again inspected as to ownership by an inspector, and the inspector shall conduct an inspection of the records documenting the receipt, sale or purchase of the livestock and may conduct a visual inspection of the livestock prior to issuing a certificate of inspection. The inspector shall issue his certificate of inspection and deliver one copy to the purchaser or his agent, one copy to the inspector at designation and forward the original to the board for filing. Laws 1937, ch. 59, § 5; 1941 ch. 38, § 1; 1941 Comp., § 49-1005; 1953 Comp., § 47-10-5; Laws 1999, ch. 282, § 75.

NMSA 1978, § 77-10-7 [Scales; inspection and certification.]

77-10-7. [Scales; inspection and certification.] All scales maintained by the operator shall be regularly inspected and certified as is required of scales used by merchants. Laws 1937, ch. 59, § 7; 1941 Comp., § 49-1007; 1953 Comp., § 47-10-7.

NMSA 1978, § 77-10-8 [Rules and regulations.]

77-10-8. [Rules and regulations.] The board is hereby authorized to make and enforce rules and regulations by it deemed necessary or convenient to carry out the purpose and intent of this act [77-10-1 to 77-10-10 NMSA 1978]. Laws 1937, ch. 59, § 8; 1941 Comp., § 49-1008; 1953 Comp., § 47-10-8.

NMSA 1978, § 77-10-9 Livestock; owners bound by rules

77-10-9. Livestock; owners bound by rules Whenever an owner of livestock avails himself of the provisions of Chapter 77, Article 10 NMSA 1978, he is bound by the rules of the board as to health and ownership. Laws 1937, ch. 59, § 81/2; 1941 Comp., § 49-1009; 1953 Comp., § 47-10-9; Laws 1993, ch. 248, § 77; 1999, ch. 282, § 76.

NMSA 1978, § 77-10-10 Violations; penalty

77-10-10. Violations; penalty A person who violates Chapter 77, Article 10 NMSA 1978 or any rule of the board made pursuant to that article is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978, and each day's violation constitutes a separate offense. Laws 1937, ch. 59, § 9; 1941 Comp., § 49-1010; 1953 Comp., § 47-10-10; Laws 1999, ch. 282, § 77.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18580/index.doFetched: 10/20/2026