Any person who violates a rule adopted under the power granted to the board unless the penalty has been fixed by law is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History: Laws 1933, ch. 53, § 2; 1941 Comp., § 49-219; 1953 Comp., § 47-2-19; Laws 1967, ch. 213, § 7; 1999, ch. 282, § 8.
ANNOTATIONSCross references. — For prosecution of violation of livestock laws by New Mexico livestock board, see 77-2-9 NMSA 1978.
The 1999 amendment, effective July 1, 1999, deleted "or regulation" at the end of the section heading, and rewrote the section, which formerly read: "Any person, firm or corporation violating any rule or regulation adopted under the power granted to the New Mexico livestock board unless penalty thereof has been heretofore fixed by law or may hereafter be fixed by law, shall upon conviction be guilty of a petty misdemeanor."
Liability exceeds actual illegal slaughtering or selling. — Although there was an absence of evidence that defendant personally slaughtered sheep or sold uninspected mutton on the dates in question, there was substantial evidence as to defendant's personal participation in the violation of the regulations: defendant was a licensee and as a licensee, defendant permitted the illegal slaughtering and selling to occur; thus defendant was held liable for his own actions and not for actions of others. State v. Pina, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.
Wrongful administrative act no defense to violation of law. — Assuming the curtailment of inspections at defendant's plant was unauthorized, defendant had the choice of complying with the curtailment and thus not slaughtering and selling contrary to the statute, or petitioning the district court to require the inspections to continue, and when he did neither, but proceeded to violate the law, his violation will not be excused on the basis that an administrative official proceeded improperly. State v. Pina, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.
The trial court's sentencing authority for these offenses is Section 31-19-1 NMSA 1978. State v. Pina, 1977-NMCA-020, 90 N.M. 181, 561 P.2d 43.