Livestock farming in Chihuahua has historically been a fundamental economic and social development pillar. Due to its importance, the regulatory framework that regulates it has not only economic implications but also key administrative aspects that impact both producers and the authorities in charge of supervising them.

In this context, the Livestock Law of the State of Chihuahua establishes the bases for regulating, promoting, and monitoring livestock farming in the entity. From the point of view of Administrative Law, this law is a clear example of how the State intervenes in the economy by creating norms, institutions, and procedures aimed at guaranteeing order, animal health, and the sustainability of the sector.

That is why I have decided to write a series on such an important industry for our state, where I will focus on three fundamental aspects: the powers of the administrative authorities in the matter, the control and supervision mechanisms, and the impact of the regulation on the rights and obligations of ranchers. Topics where I will explain how these provisions align with principles of Administrative Law such as legality, proportionality and efficiency in public management.

Likewise, the role of organizations such as the Secretariat of Rural Development and livestock committees will be explored, as well as the sanctions and responsibilities the law establishes in case of non-compliance. Finally, some challenges facing the application of this regulation will be addressed in a context of increasing globalization, where livestock traceability, health and compliance with international standards are increasingly demanding.

Through this study, we seek to offer a critical view of the Livestock Law of the State of Chihuahua, highlighting its scope, limitations and possible areas of improvement from an administrative and regulatory perspective.

List of Contents

• Translation
• 1) Authorities
• A) Auxiliary Bodies
• 2) Brand and Ownership of Cattle
• A) Large Cattle
• B) Small Cattle
• C) Beehives
• D) Wild Fauna
• E) Obligations of Cattle Breeders in General
• F) Cancellation of the Branding Irons
• G) Reuse of Shoeing Irons
• H) Illegal Transfers
• I) Legal Transfer of Cattle
• 3) Stray Cattle
• A) Sale of Apparently Stray Cattle
• B) Prohibitions
• C) Registry

Translation

This entry is a translation of my post written for my law firm’s blog at Regulación de la industria ganadera en el estado de Chihuahua.

1) Authorities

The competent authorities in this industry are:

I.- The governor of the state of Chihuahua.

II.- The Secretariat of Rural Development.

III.- The Secretariat of Urban Development and Ecology, within its area of ​​competence.

IV.- The Secretariat of Health, within its area of ​​competence.

V.- The State Commission for Protection against Sanitary Risks, within its area of ​​competence.

VI.- The municipal authorities.

A) Auxiliary Bodies

The auxiliary bodies for this industry are:

I.- The livestock unions.

II.- The local livestock associations.

III.- The higher education and research institutions.

IV.- The colleges of veterinary doctors.

V.- The Committee for the Promotion and Protection of Livestock

VI.- The National System for Individual Identification of Livestock (SINIIGA)

VII.- The National System for Individual Identification of Livestock (SINIDA)

VIII.- Zootechnicians and technicians in the livestock sector.

2) Brand and Ownership of Cattle

Ownership of cattle is accredited in any of the following ways:

A) Large Cattle

I.- With the branding iron, which must have the following dimensions: 7.6 cm x 7.6 cm as a minimum and 12.7 cm x 12.7 cm as a maximum, provided that it is authorized and registered by the Secretariat of Rural Development of the Government of the State of Chihuahua.

II.- With the duly legalized invoice, provided that it describes the quantity, species, race and sex of the cattle, as well as the branding irons, blood marks, tattoos, the SINIIGA or SINIDA identification number or any other means of identification authorized by the Secretariat of Rural Development of the Government of the State of Chihuahua.

III.- With legally valid documents, when they describe the animals and expressly draw the brands, blood marks, tattoos or any other means of identification and accreditation of cattle ownership.

IV.- With the SINIDA identifier, in the case of bovine cattle.

This requirement must be fulfilled in all types of mobilization, whether for grazing, buying and selling, slaughter, auction or export. Except in the case of calves under 3 months of age that need to be mobilized for urgent reasons, this may be done with the SINIDA identifier, as long as it’s done together with the mother, and the rancher must inform the nearest authority of the reason for the mobilization.

Likewise, they must keep the record of the entries and exits of cattle for at least 5 years.

Finally, it is pertinent to clarify that the electronic identification device, the blood mark or tattoo will be optional, so that each producer will decide on its use at their convenience and, therefore, the absence of said sign will not produce any legal effect.

B) Small Cattle

I.- With the tattoo, the electronic identification device, and the identification earring for zoosanitary campaigns, or all of them.

II.- With the duly legalized invoice, provided that it describes the quantity, species, breed and sex of the cattle, as well as the blood marks, tattoos or any other means of identification authorized by the Secretariat of Rural Development of the State of Chihuahua.

III.- With legally valid documents, when they describe the animals and expressly draw the brands, blood marks, tattoos or any other means of identification and accreditation of cattle ownership.

C) Beehives

I.- With the shoeing iron, which must have the following dimensions: 7.6 cm x 7.6 cm as a minimum and 12.7 cm x 12.7 cm as a maximum, and provided that it is authorized and registered by the Secretariat of Rural Development of the State of Chihuahua.

II.- With the SINIDA Identifier.

III.- With the duly legalized invoice, provided that it describes the quantity, type of cattle, and any other means of identification authorized by the Secretariat of Rural Development of the State of Chihuahua.

IV.- With legally valid documents, when they describe the animals and expressly draw the brands, or any other means of identification and accreditation of cattle ownership.

D) Wild Fauna

I.- It must be identified according to what is indicated in the respective use permit granted by the Secretariat of Urban Development and Ecology or the agency in charge

E) Obligations of Cattle Breeders in General

I.- All cattle breeders in the state of Chihuahua are required to apply SINIIGA or, where applicable, SINIDA identification tags to their cattle in the case of bovine cattle, within the first 8 months of the birth of the animals, or at the time of their mobilization if this occurs before said period. If SINIIGA or SINIDA identification tags are unavailable, the Secretariat of Rural Development of the State of Chihuahua shall define the identification mechanism it deems appropriate.

II.- All cattle owners are required, where applicable, to brand, mark, implant, tattoo, put rings, SINIIGA or SINIDA identifiers or any other means of accreditation to identify them or, where applicable, prove their ownership.

III.- In the case of bovine cattle, the SINIIGA or SINIDA tags or identifiers shall be cancelled when the animal dies. The owner must inform the auxiliary agencies of his death within 10 calendar days, counting from the moment that the event is known, and the latter must communicate the fact to the competent authority notified to them.

IV.- The breeders of cattle have the obligation to brand their cattle within the first 3 months of their birth on the left side of the horse, according to the characteristics indicated in the respective title. The purchasers of native cattle must apply their branding iron on the left side; but in the case of equine, mule and donkey cattle, they must apply it above the native one. Likewise, the blood mark may be tattooed with indelible ink.

V.- The owners of cattle must endorse the titles and/or branding irons or any other means of identification, before the Secretariat of Rural Development of the State of Chihuahua in the years ending in zero and five, if they do not do so, it shall be cancelled.

F) Cancellation of the Branding Irons

The Secretariat of Rural Development of the State of Chihuahua shall cancel the registration of branding irons or any other means of identifying the ownership of livestock when:

I.- They are not revalidated within the legal period.

II.- Their owner stops having livestock and expresses his will for the cancellation.

III.- They are transferred.

IV.- Their owner keeps the livestock outside the UPP (livestock production unit)^[1] or the corresponding production site, to the detriment of the rights of third parties.

V.- They were issued by mistake. In this case, the most recent registration will be canceled, and a new one will be issued.

VI.- The owner provides his branding iron to other people to brand other people’s livestock, illegally introduce it into the State, or move it from one area to another with a different health status.

VII.- The owner has a conviction for the crime of cattle theft.

VIII.- The owner has had the authorization granted for the use of the property revoked by the owner or possessor of the property designated as a livestock production unit, livestock service provider or production site, and a new production site is not designated within 30 business days.

IX.- The owner ceases to be the owner or possessor of the property that he has designated as a livestock production unit, livestock service provider or production site and the new owner or possessor does not authorize him for this purpose and does not designate a new production site within 30 business days.

X.- The owner has been legally separated as an ejidatario, commoner, possessor or resident and does not designate a new livestock production unit, livestock service provider or production site within thirty business days.

XI.- False data were provided to obtain registration of the shoeing iron or means of cattle identification.

XII.- By judicial order.

XIII.- The health status of livestock activity in the state of Chihuahua is put at risk.

It should be noted that the cancellation procedure may be initiated ex officio or at the request of an interested party, complying with the guarantee of defense. To learn a little more about administrative procedures, I invite you to read the entry The Administrative Procedure in the State of Chihuahua.

On the other hand, when the registered shoeing iron is no longer used permanently, the municipal authority of the place must be notified within a period of no more than 30 business days. This, in turn, will notify the Secretariat of Rural Development of the State of Chihuahua so that it can proceed with its cancellation.

G) Reuse of Shoeing Irons

A person who, lacking a shoeing iron registration or any other means of identification, acquires from another person all the cattle branded and marked according to an invoice, to dedicate himself to breeding and use, will have preference to request the designs of the registration that covers the same shoeing iron of the acquired cattle.

H) Illegal Transfers

Transfers of the shoeing iron registration shall not have legal value when the Secretariat of Rural Development of the State of Chihuahua has not authorized them.

I) Legal Transfer of Cattle

Cattle ownership is transferred by the means established by civil law. In this sense, the documents in which the operation is recorded shall describe the number of animals by species, breed, brand, and/or tattoo, including their registration number and identifier. If the animals show several brands, all of them must be detailed.

However, no invoice shall be valid if it is not duly legalized by the Secretariat of Rural Development of the State of Chihuahua or by the municipal authority where the shoeing and/or tattooing iron is registered.

An invoice shall be deemed to be duly legalized, upon comparison and certification of the signature and iron or other means of identification registered by the seller before the competent authority.

3) Stray Cattle

Stray cattle must be made available to the municipal authority of the jurisdiction in which they are located. For these purposes, the municipal authority must notify the Secretariat of Rural Development of the State of Chihuahua of such circumstance, detailing the characteristics of the cattle such as age, sex, breed, weight, identification signs that it has and the name of the person who made it available. Likewise, it shall notify the corresponding local association of producers and the community through an announcement placed on the town hall notice board, which must include the same information given to the secretariat.

On the other hand, when a rancher detects stray cattle in his Livestock Production Unit or production site, he must inform the corresponding authority within 5 business days following the detection.

However, if the Rural Development Secretariat of the State of Chihuahua, the local association of producers or any person identifies the owner of the cattle, they shall immediately inform the municipal authority who will then notify the owner to collect the animals within a period of 5 business days from the date on which the notification takes effect.

If the owner does not heed the notification or, when going to the authority, refuses to pay the expenses incurred by the cattle, the cattle shall be sold, and the resulting product shall be made available to the owner after deducting the expenses incurred.

A) Sale of Apparently Stray Cattle

If the owner of the cattle is not identified, the municipal authority, within a period of 15 calendar days from the date on which it received the notice, shall notify the Department of Rural Development of the State of Chihuahua of the beginning of the auction process of the cattle, setting the minimum bid and observing the following rules:

I.- It will order an appraisal of the cattle, which will be carried out by two official experts designated by the municipal authority or, where appropriate, by auxiliary agencies of the locality.

II.- The municipal authority shall call for the auction, post notices for 3 business days on the town hall notice board, and notify local cattle associations. The call shall contain the minimum bid, the day and time of the auction, and will indicate the characteristics of the cattle. Between the first day of posting the notice and the day of the auction, a maximum of 5 business days must elapse.

III.- The auction will be presided over by the municipal president or the official of his dependency who is expressly authorized for this purpose, the inspector of the corresponding livestock region must be present and the cattle will be awarded to the highest bidder.

IV.- The corresponding detailed report will be drawn up in triplicate, part of which will be sent to the Secretariat of Rural Development of the State of Chihuahua, another will be left in the municipal presidency and another will be delivered to the purchaser of the cattle accompanied by the corresponding invoice.

V.- If, before the cattle are awarded, any person proves to be the owner of the same, he will have the right to collect them once he settles the expenses incurred on the spot.

VI.- The sales of stray cattle will be paid in cash. These must be branded with the municipality’s registered brand and marked with the initials C.N. (National Consumption). They will be exclusively for slaughter.

VII.- When a dispute arises over the ownership of the cattle prior to the auction, the interested parties shall be subject to the arbitration of the Secretariat of Rural Development of the State of Chihuahua so that it may resolve the relevant matter in accordance with the arbitration procedure defined by the interested parties themselves and, in the absence of this, in accordance with the provisions of the law on the matter.

VIII.- The cost of the auction of the strays will cover the expenses incurred for this purpose, as well as those arising from their maintenance and care from the date on which the animals were made available to the municipal authority.

B) Prohibitions

Public servants of the Secretariat for Rural Development of the State of Chihuahua and municipal governments, as well as experts who have valued the cattle that are the object of the auction, are prohibited from acquiring for themselves, directly or through an intermediary, the stray animals that are auctioned off. Any sale made in violation of this provision shall be null and void.

C) Registry

Municipal governments shall keep a registry book for stray animals, in which the following data shall be entered in order:

I.- The date of presentation of the cattle.

II.- Brand, blood mark or tattoo if they have them.

III.- The names of the persons to whom the cattle are awarded and the price of the award.

IV.- The names of the experts who participated in the auction.

V.- The amount of income obtained by the municipality.

Finally, they must immediately inform the Secretariat of Rural Development of the State of Chihuahua about the place where they will be slaughtered.

By Omar Gómez

Mexican Tax, Administrative and Constitutional Attorney

Partner

Contact me at [email protected]

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^[1] Physical space and facilities of a property or ranch where an animal is born or remains at a certain stage of its life and which is registered in the National Livestock Registry.