HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 33

55th legislature - STATE OF NEW MEXICO - first session, 2021

AN ACT

RELATING TO THE NEW MEXICO LIVESTOCK BOARD; AUTHORIZING THE NEW MEXICO LIVESTOCK BOARD TO CONDUCT MEAT INSPECTIONS TO ENSURE THE SAFETY AND QUALITY OF MEAT FOR HUMAN CONSUMPTION; EXEMPTING PRODUCERS FROM THE GROSS RECEIPTS TAX AND THE GOVERNMENTAL GROSS RECEIPTS TAX FOR THE SALE OF MEAT AND AGRICULTURAL PRODUCTS.

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

     SECTION 1. Section 7-9-18 NMSA 1978 (being Laws 1969, Chapter 144, Section 11, as amended) is amended to read:

     "7-9-18. EXEMPTION--GROSS RECEIPTS TAX AND GOVERNMENTAL GROSS RECEIPTS TAX--AGRICULTURAL PRODUCTS.--

          A. Exempted from the gross receipts tax and from the governmental gross receipts tax are the receipts from selling livestock and receipts of growers, producers, trappers or nonprofit marketing associations from selling livestock, live poultry, [unprocessed] agricultural products, hides or pelts. Persons engaged in the business of buying and selling wool or mohair or of buying and selling livestock or meat on their own account are producers for the purposes of this section.

          B. Receipts from selling dairy products at retail are not exempted from the gross receipts tax.

          C. As used in this section, "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and also 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"."

     SECTION 2. Section 77-2-1.1 NMSA 1978 (being Laws 1993, Chapter 248, Section 2, as amended) 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. "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 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 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 or meat 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. "meat inspector" means an inspector who is not certified as a peace officer;

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

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

     SECTION 3. Section 77-2-7 NMSA 1978 (being Laws 1967, Chapter 213, Section 6, as amended) is amended to read:

     "77-2-7. ADDITIONAL POWERS OF THE BOARD.--In addition to the powers transferred from the cattle and sheep sanitary boards, the board may:

          A. exercise general regulatory supervision over the livestock industry of this state in order to protect the industry from theft and diseases and in order to protect the public from diseased or unwholesome meat or meat products;

          B. appoint and fix the salary of an executive director who shall file an oath and be bonded [in an amount fixed by the board]. The director shall manage the affairs of the board under the direction of the board. [He] The director shall be chosen solely on qualifications and fitness for the office. [He] The director shall devote [his entire] all time in office to the duties of the office;

          C. employ clerical help, provide office space and purchase equipment, including vehicles;

          D. employ [livestock] inspectors [and brand inspectors] and other personnel necessary to carry out the purposes of The Livestock Code. All livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of that code;

          E. appoint a state veterinarian and subordinate veterinarians as are necessary to carry out the duties of the board;

          F. adopt and promulgate rules to control the importation and exportation of animals;

          G. establish livestock inspection districts;

          H. establish quarantine, provide its boundaries and give notice of the quarantine and do all other things necessary to effect the object of the quarantine and to protect the livestock industry of this state from disease and prevent the spread of disease;

          I. adopt and promulgate rules for meat inspection [including]:

               (1) to ensure the safety and quality of meat for human consumption; and

                (2) to include rules for the slaughter and disposition of the carcasses of livestock affected with diseases when the action appears necessary to prevent the spread of any contagion or infection among livestock;

          J. adopt and promulgate rules governing the importation, manufacture, sale, distribution or use within the state of [serums, vaccine] sera, vaccines and other biologicals intended for diagnostic or therapeutic uses with livestock and regulate the importation, manufacture or use of virulent blood or living virus of any diseases affecting livestock;

          K. set fees or charges, not to exceed one hundred dollars ($100) per call, for any services rendered by the board or its employees that are deemed necessary by the board and for which no fee has been set by statute;

          L. consider the views of the livestock industry in the administration of The Livestock Code;

          M. adopt and promulgate rules to otherwise carry out the purposes of The Livestock Code;

          N. hold hearings and subpoena witnesses for the purpose of investigating or enforcing The Livestock Code or rules established pursuant to that code; and

          O. enter into joint powers agreements with Indian nations, tribes or pueblos to promote cooperation in carrying out the provisions of The Livestock Code."

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