New Mexico Statutes

N.M. Stat. § 77-9-41 (2026)

Transportation of horses, mules, asses, cattle, sheep or

✓ current as of May 2026

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goats or carcasses thereof; inspection certificate. It shall be unlawful for any person, firm or corporation to move, transport or cause to be transported from the state of New Mexico to any point beyond the limits thereof or within the state except as provided under Section 77-9-42 NMSA 1978, any horses, mules, asses, cattle, sheep or goats, or the carcasses thereof, by driving or in any motor or other vehicle or conveyance, unless such animal, animals or carcasses shall first have been inspected by an inspector of the New Mexico livestock board and unless, upon satisfactory showing of the ownership of said animals or carcasses, said inspector shall have issued inspection certificates in the form to be prescribed by the New Mexico livestock board and unless such certificate shall at all times accompany the animals or carcasses so being driven or transported in such motor or other vehicle; provided that no inspection shall be required where the transportation or movement from one point to another within the state is entirely upon lands exclusively within the control of the party moving or transporting or procuring the transporting of such animals or carcasses or is done under the provisions of Section 77-9-42 NMSA 1978 or when such transportation is authorized by the board to a location within the state.

History: Laws 1929, ch. 87, § 1; C.S. 1929, § 4-2101; 1941 Comp., § 49-939; Laws 1953, ch. 88, § 1; 1953 Comp., § 47-9-38; Laws 1969, ch. 174, § 3.

ANNOTATIONS

Cross references. — For inspection certificate from New Mexico livestock board, see 77-9-32 NMSA 1978.

Inspections to include animals shipped into state. — Under this section any movement of neat cattle, sheep or goats or the carcasses thereof accomplished within this state is subject to such inspections as are required by law; and when neat cattle, sheep or goats are shipped from points without the state to points within the state they become New Mexico cattle upon entering the boundaries of this state, and the sheep sanitary board (New Mexico livestock board) or the cattle sanitary board (New Mexico livestock board) are acting within the letter and the spirit of the law in inspecting these animals at such points and places as are convenient and where such board reasonably finds it necessary to protect the public interest. 1953 Op. Att'y Gen. No. 53-5716.

Hauling permit deemed insufficient. — A rancher must have his cattle inspected before he ships them. It makes no difference whether the shipment and sale occurs entirely within the state or not. A proposed livestock hauling permit which would require the rancher to swear that he was in legal possession of the cattle being transported and to further attest that such cattle were free from contagious disease, and which would act as board authorization for the rancher to ship the cattle to the sales ring, would not enable board to sufficiently fulfill its duties under the law. 1966 Op. Att'y Gen. No. 66- 127.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 74.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2015–2022 · leading case: Wild Horse Observers Ass'n, Inc. v. N.M. Livestock Bd, 2016 NMCA 1 (N.M. Ct. App. 2015).

Sort: Relevance Newest Treatment

Wild Horse Observers Ass'n, Inc. v. N.M. Livestock Bd, 2016 NMCA 1 (N.M. Ct. App. 2015). “However, the statutes governing horse transportation refer specifically to “any horses” and “each horse” rather than “livestock,” so it appears that wild horses would be subject to those provisions although they are not livestock.”

State v. Torres, 521 P.3d 77 (N.M. 2022). “…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 branding of animals, §§ 77-9-2 to -57, and the inspection of livestock…”

Wild Horse Observers Ass'n v. New Mexico Livestock Bd., 2016 NMCA 001 (N.M. Ct. App. 2015). “See §§ 77-9-41 to -42 (providing for the unlawful transport of “any horses” and requiring an owner’s transportation permit “for each horse”).”

State v. Gutierrez (N.M. Ct. App. 2018). · cites it 3× “” [MIO 9] Defendant asserts she 21 should have instead been charged under NMSA 1978, Section 77-9-41 (1969), which 22 specifically addresses inspections of specific animals, including horses, and states: 3 1 It shall be unlawful for any person, firm or corporation to move, 2…”

State v. Torres (N.M. 2022). “…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 Board to oversee and regulate 6 livestock, §§ 77-2-1 to -32. 7 {37} The…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.