A. It is unlawful for any person to transport or cause to be transported from a district or out of this state any hides that have not been inspected by an inspector and tagged or marked as prescribed by rule of the board. The board may provide by rule for collection of an inspection fee not to exceed the amount prescribed by law, and the fee is a lien upon the hides inspected until paid.
B. Each inspector shall keep a complete record of all inspections made by him and immediately forward to the director on blanks furnished him for that purpose, a complete report of each inspection, giving the names of the purchaser and shipper of the hides and all the brands on the hides. The report shall be preserved by the director as records of his office.
History: Laws 1901, ch. 45, § 3; Code 1915, § 155; Laws 1929, ch. 104, § 1; C.S. 1929, § 4-1441; Laws 1933, ch. 53, § 17; 1941 Comp., § 49-951; 1953 Comp., § 47-9-50; Laws 1963, ch. 252, § 4; 1973, ch. 234, § 3; 1977, ch. 142, § 1; 1981, ch. 357, § 11; 1999, ch. 282, § 64.
ANNOTATIONSCross references. — For tagging and marking carcasses, hides, and pelts upon inspection, see 77-9-44 NMSA 1978.
The 1999 amendment, effective July 1, 1999, in Subsection A, substituted "from a district or out of this state" for "within or beyond the limits of this state" and substituted "rule" for "regulation" twice, and made stylistic changes throughout the section.
The 1981 amendment substituted "the amount prescribed by law" for "twenty cents ($.20) for each hide inspected, with a minimum charge not to exceed one dollar ($1.00) for each inspection request" and "the" for "such" following "and" in the second sentence in Subsection A.
The 1977 amendment increased the inspection fee in the second sentence of Subsection A from fifteen cents to twenty cents and substituted "director" for "secretary" in two places in Subsection B.
This section does not violate U.S. Const., art. I, § 10, insofar as it applies to the shipment of hides within the United States. Territory ex rel. E.J. McLean & Co. v. Denver & Rio Grande R.R. Co., 1904-NMSC-032, 12 N.M. 425, 78 P. 74, 79 P. 295, aff'd, 203 U.S. 38, 27 S. Ct. 1, 51 L. Ed. 78 (1906).
This section is not invalid on ground that fees provided are beyond requirements of inspection. Territory ex rel. E.J. McLean & Co. v. Denver & Rio Grande R.R. Co., 1904-NMSC-032, 12 N.M. 425, 78 P. 74, 79 P. 295, aff'd, 203 U.S. 38, 27 S. Ct. 1, 51 L. Ed. 78 (1906).
This section does not apply to pelts and skins. Territory ex rel. E.J. McLean & Co. v. Denver & Rio Grande R.R. Co., 1904-NMSC-032, 12 N.M. 425, 78 P. 74, 79 P. 295, aff'd, 203 U.S. 38, 27 S. Ct. 1, 51 L. Ed. 78 (1906).
Inspectors not authorized to make arrests. — Inspectors of the sanitary board (New Mexico livestock board) are authorized to make examination of any hides which they may find in the possession of parties transporting the same by wagon out of the state, but there is no authority for the arrest or punishment of such persons, even though it be found that such hides do not bear inspection tags. 1919 Op. Att'y Gen. No. 19-2267.