TITLE 21 AGRICULTURE
AND RANCHING
CHAPTER 17 PEST,
DISEASE, AND WEED CONTROL
PART 57 M-44 CAPSULES AND THE LIVESTOCK PROTECTION COLLAR
21.17.57.1 ISSUING AGENCY: New Mexico State University, New Mexico Department of Agriculture
[12/1/96; 21.17.57.1 NMAC - Rn & A, 21 NMAC 17.57.1, 05/29/09]
[MSC 3189, Box 30005, Las Cruces, New-Mexico 88003-8005, Telephone No. (575) 646-3007]
21.17.57.2 SCOPE: This rule shall apply to all persons using, selling or distributing M-44 capsules or livestock protection collars.
[5/16/91; 12/1/96; 21.17.57.2 NMAC - Rn, 21 NMAC 17.57.2, 05/29/09]
21.17.57.3 STATUTORY AUTHORITY: Granted to the board of regents of New Mexico state university under the New Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation.
[5/16/91; 21.17.57.3 NMAC - Rn, 21 NMAC 17.57.3, 05/29/09]
21.17.57.4 DURATION: Permanent.
[12/1/96; 21.17.57.4 NMAC - Rn, 21 NMAC 17.57.4, 05/29/09]
21.17.57.5 EFFECTIVE DATE: December 1, 1996, unless a different date is cited at the end of a section or paragraph.
[12/1/96; 21.17.57.5 NMAC - Rn, 21 NMAC 17.57.5, 05/29/09]
21.17.57.6 OBJECTIVE: The objective of Part 57 of Chapter 17 is to establish limitations and the parameters for selling, distributing or using M-44 capsules or compound 1080 in livestock protection collars.
[5/16/91; 12/1/96; 21.17.57.6 NMAC - Rn, 21 NMAC 17.57.6, 05/29/09]
21.17.57.7 DEFINITIONS: In addition to the definitions contained in the Pesticide Control Act, 76-4-3, (NMSA 1978), the following definitions shall also apply.
A. "Department" means the New Mexico department of agriculture.
B. "Livestock protection collar" means a collar-like device which contains the active ingredient sodium fluoroacetate (compound 1080) and is registered with the U.S. environmental protection agency (EPA) for the protection of livestock. The term "livestock protection collar" may be referred to as "LPC".
C. "M-44 capsule" means the sodium cyanide capsule, registered with the EPA for use in the M-44 device.
D. "M-44 device" means the patented spring-operated device designed to eject the sodium cyanide in an M-44 capsule into the mouth of target organisms.
[5/16/91; 12/1/96; 21.17.57.7 NMAC - Rn, 21 NMAC 17.57.7, 05/29/09]
21.17.57.8 PROHIBITED ACTS: It shall be unlawful:
A. to sell or transfer LPCs or M-44 capsules used in the M-44 device to persons not certified to use LPC or M-44 capsules respectively;
B. for any person to sell or transfer M-44 capsules unless licensed as an authorized M-44 pesticide dealer;
C. for any person to transfer LPCs except through the registrant;
D. to use LPCs or M-44 capsules without a copy of the label in the possession of the certified applicator;
E. to fill, load, or remove the toxicant from any LPC or M-44 capsule.
[5/16/91; 12/1/96; 21.17.57.8 NMAC - Rn, 21 NMAC 17.57.8, 05/29/09]
21.17.57.9 LICENSING OF PERSONS USING M-44 CAPSULES OR LIVESTOCK PROTECTION COLLARS:
A. The LPC certification category is in addition to any other pesticide certification category. No other certification category covers the use of LPCs in the state.
B. The M-44 certification category is in addition to any other pesticide certification category. No other certification category covers the use of M-44 capsules in the state.
C. No person shall be certified or licensed to use LPCs or M-44 capsules unless they are a livestock producer, a permanent employee of a livestock producer or work for a government animal damage control program.
D. Any person using LPCs or M-44 capsules shall be a certified applicator. No LPCs or M-44 capsules shall be applied under the direct supervision of any other certified applicator.
E. The department may require re-training or re-testing when any applicator fails to comply with the LPC or M-44 capsule label or labeling, New Mexico Pesticide Control Act or its rules.
[5/16/91; 12/1/96; 21.17.57.9 NMAC - Rn, 21 NMAC 17.57.9, 05/29/09]
21.17.57.10 RECORDKEEPING, MONITORING AND REPORTING:
A. Each dealer or registrant shall maintain sales records for LPCs or M-44 capsules on forms prescribed by the department for at least two (2) years after the date of sale, and shall submit copies of those records annually to the department.
B. Where the department is the registrant, each order for registered M-44 capsules shall be accompanied by a record of livestock losses as specified in use restriction No. 7 of the M-44 use restriction bulletin.
(1) Orders shall not be processed until a record of livestock predation is on file.
(2) Documented livestock losses shall not be older than ninety (90) days prior to the date of the order for M-44 capsules, except that historic seasonal losses in a specified area shall be updated annually.
C. Dealer records shall include:
(1) the date of sale or transfer;
(2) license or certification number of each LPC or M-44 applicator who purchased or received a collar or M-44 capsules;
(3) the number of LPCs sold or transferred;
(4) the serial number of each LPC; and
(5) the number of M-44 capsules sold or transferred.
D. Any applicator using LPCs shall maintain for a period of two years from the date of use the following records:
(1) the serial number of the LPC attached to the livestock;
(2) the pasture(s) where collared livestock were placed;
(3) the dates of each attachment, inspection and removal;
(4) the number and locations of livestock found with ruptured LPCs, and the apparent cause of the damage;
(5) the number, dates and approximate location of LPCs lost;
(6) the species, locations and dates of all animals suspected to have been killed by LPCs;
(7) all suspected poisonings of humans, domestic animals or non-target wild animals resulting from LPC use, and all other accidents involving the release of compound 1080; and
(8) the number of LPCs in storage.
E. Any applicator using M-44 capsules shall maintain for a period of two years from the date of use the following records:
(1) the number of M-44 devices placed;
(2) the location of each M-44 device placed;
(3) the dates of each M-44 device placement, inspection or removal;
(4) the number and location of each M-44 device which have been discharged and the apparent reason for the discharge;
(5) number and species of animal(s) taken; and
(6) all suspected poisonings of humans, domestic animals or non-target wild animals resulting from the use of M-44 capsules.
[5/16/91; 12/1/96; 21.17.57.10 NMAC - Rn, 21 NMAC 17.57.10, 05/29/09]
21.17.57.11 ACCIDENT REPORTING:
A. Each in-state dealer or certified applicator shall report accidents involving any suspected or actual poisoning of threatened or endangered species or humans involving LPCs or M-44 capsules used in the M-44 device to the department within one (1) working day by telephone. Phone 800-432-5310.
B. Each certified applicator shall report takings of domestic animals or non-target wild animals involving LPCs or M-44 capsules used in the M-44 device to the department within thirty (30) days of the end of each calendar quarter.
[5/16/91; 12/1/96; 21.17.57.11 NMAC - Rn, 21 NMAC 17.57.11, 05/29/09]
HISTORY OF 21.17.57 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:
NMDA Rule No. 91-1, Livestock Protection Collar and the M-44 Device, filed 5/16/91.
History of Repealed Material: [RESERVED]