Livestock inspectors who are certified peace officers shall enforce the provisions of Chapter 30, Article 18 NMSA 1978 and other criminal laws relating to livestock. History: Laws 2001, ch. 8, § 1 and Laws 2001, ch. 341, § 1. Duplicate laws. — Laws 2001, ch. 8, § 1, approved March 14, 2001, and Laws 2001, ch. 341, § 1, approved April 5, 2001, both effective June 15, 2001, enacted two versions of this section. Laws 2001, ch. 8, § 1 would have read as follows: "Livestock crimes; livestock inspectors to enforce. Livestock inspectors who are certified peace officers may enforce the provisions of Chapter 30, Article 18 NMSA 1978 and other criminal laws relating to livestock." The section is set out as enacted by Laws 2001, ch. 341, § 1. See 12-1-8 NMSA 1978. Livestock inspector's law enforcement authority. — The law enforcement authority of a livestock inspector is limited to the power and authority expressly granted or necessarily implied in statute; certified livestock inspectors employed by the livestock board have the same powers as any other peace officer for enforcement of the Livestock Code and other criminal laws relating to livestock. Livestock inspectors, therefore, may not act as law enforcement officers or assist other law enforcement agencies to enforce criminal laws outside the inspector's specific statutory authority. Authority of Livestock Inspectors (11/13/18), Att'y Gen. Adv. Ltr. 2018-08. Livestock inspectors are not statutorily required to carry a firearm while on duty. — Section 77-2-7 NMSA 1978, provides that all livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of that code, and 30-7-2(A)(3) NMSA 1978, permits certified law enforcement officers, including livestock inspectors to carry a firearm, but there is no statute that requires livestock inspectors to carry a firearm while on duty or otherwise. The livestock board, as the law enforcement agency for livestock inspectors, however, may set appropriate policies for the carrying of firearms, including policies dictating when livestock inspectors should or should not carry firearms while performing their responsibilities for enforcing the Livestock Code and criminal laws relating to livestock. Authority of Livestock Inspectors (11/13/18), Att'y Gen. Adv. Ltr. 2018-08.
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