New Mexico Statutes

N.M. Stat. § 77-9-2 (2026)

[Earmarks; cutting; penalty.]

✓ current as of May 2026
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Any person, firm or corporation of this state may adopt and use an earmark, and such earmark shall be taken in evidence in connection with owner's recorded brand in all suits at law or in equity in which the title to stock is involved. Such earmark shall be made by cutting and shaping the ear or ears of the animal so marked, but in no case shall the person so marking the animal cut off more than one-half of the ear so marked, neither shall anyone mark by cutting an ear on both sides to a point. Any person, firm or corporation who violates this section shall be guilty of a petty misdemeanor.

History: Laws 1884, ch. 47, § 3; C.L. 1884, § 56; C.L. 1897, § 66; Code 1915, § 116; C.S. 1929, § 4-1402; 1941 Comp., § 49-902; 1953 Comp., § 47-9-2; Laws 1965, ch. 4, § 1.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 24.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2022 · leading case: State v. Torres, 521 P.3d 77 (N.M. 2022).
State v. Torres, 521 P.3d 77 (N.M. 2022). · cites it 2× “…to prevent the theft or illegal movement of livestock and to oversee the New Mexico meat inspection program.” Section 77-2-1. In pursuit of that purpose, the Livestock Code contains provisions addressing the control of livestock diseases, §§ 77-3-1 to -18, the marking or…”
State v. Torres (N.M. 2022). “…provisions addressing the control of livestock diseases, §§ 3 77-3-1 to -18, the marking or branding of animals, §§ 77-9-2 to -57, and the 4 inspection of livestock prior to transport, §§ 77-9-41, -42. The Livestock Code also 5 grants authority to the New Mexico Livestock…”
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