Without Urgent Action by the State Legislature, This Life-Saving Law Will Expire
NEW MEXICO’S AFFORDABLE SPAY/NEUTER LAW
- New Mexico enacted the Affordable Spay/Neuter Law in 2020, and the law took effect in The law collects fees on registered dog and cat food and treats sold in our state to pay for desperately needed spay/neuter services. These services prevent unwanted litters, shelter overcrowding, and public health and safety threats caused by roaming animals.
- The Affordable Spay/Neuter Law works! To date, it has:
- Generated $5 million+ in funds for spay/neuter
- Disbursed grants totaling $1 million in 2025 to spay/neuter {Note: Available grant funding in 2025 was significantly outpaced by community need-64 providers applied for $2.4 million in funding.)
- Without the Affordable Spay/Neuter Law, New Mexico’s dog and cat overpopulation crisis will continue to escalate.
THE PROBLEM
- The Affordable Spay/Neuter Law has an expiration date: The law is set to automatically “repeal” on July 1, 2026, and New Mexico’s animals and communities will pay the price.
- Animal overpopulation isn’t just an “animal ” It’s an urgent public health and safety issue. Unwanted, intact animals roam and reproduce, increasing the risk of dog bites, vehicle collisions with loose animals, and disease transmission.
- Access to affordable spay/neuter is a basic community service that New Mexicans need and deserve, especially in rural, Tribal, and low-income areas.
THE SOLUTION
The Situation Is Dire… Don’t Let The Law Expire!
The New Mexico Legislature and Governor can save the Affordable Spay/Neuter Law by removing the law’s expiration date during the 2026 state legislative session.
PET FOOD LABEL SPAY/NEUTER PROGRAM FEES COLLECTED
Under the Affordable Spay/Neuter Law, the NM Department of Agriculture collects an additional annual fee on each pet food label registered with the department. The fee started at $50 per label (in 2021), was raised to $75 (in 2022), and was capped at $100 (in 2023). The current registration fee is $100 per label.
Money collected is transferred to the NM Board of Veterinary Medicine for use and distribution to spay/neuter service providers.
The Fee Does Not Apply To:
- Retailers or consumers
- Prescription diets
- Livestock feed or any other animal feed
- Small manufacturers with annual gross revenue of $3 million or less
Using data provided by the NM Department of Agriculture, the above graphs show the total number of pet food companies, including those that were exempt from SB 57, and the total number of corresponding labels. The data reveals an upward trend over the past five years in both the number of pet food companies selling in New Mexico and the number of products they sell. The Affordable Spay/Neuter law works without negatively impacting sales of pet food and treats in New Mexico.
New Mexico’s Affordable Spay/Neuter Law – FAQ
What is the Affordable Spay/Neuter Law?
New Mexico’s Affordable Spay/Neuter Law (Senate Bill 57, passed in 2020) creates funding for low-cost spay/neuter services. The funds are collected through annual fees from dog and cat food manufacturers that sell their products in New Mexico. Once collected, the funds are distributed through grants to spay/neuter providers who operate in our state.
Who collects the fees and how are they managed?
The New Mexico Department of Agriculture collects the spay/neuter fees from the pet food manufacturers.
The fees are then transferred to the New Mexico Board of Veterinary Medicine and deposited into the spay and neuter subaccount of the Animal Care and Facility Fund.
If Senate Bill 57 is already the law, why is more legislation necessary?
When Senate Bill 57 was passed, it included a repeal date of July 1, 2026. Legislation removing that repeal date from the law must be passed and signed by the Governor before July 1, 2026, or else the collection of fees from dog and cat food manufacturers for spay/neuter services will cease.
What is the purpose of this law?
The Affordable Spay/Neuter Law aims to reduce companion animal overpopulation, decrease shelter intake, and lower euthanasia rates of adoptable companion animals through expanding access to low-cost spay/neuter services.
Why is statewide spay/neuter funding so important in New Mexico?
- New Mexico has long struggled with animal overpopulation, with many rural and tribal communities lacking access to affordable veterinarian services.
- Animal shelters regularly operate at or above capacity, which leads to adoptable animals being euthanized due to lack of space and resources.
- Lack of space at animal shelters also results in animals being turned away and abandoned. When intact animals (who tend to be unvaccinated) are left to roam, they continue reproducing and pose serious public health and safety risks.
- Reliable funding is essential for spay/neuter services to reduce animal shelter intake, reduce risks to public safety, and support long-term humane outcomes for animals and our communities.
Is the Affordable Spay/Neuter Law a tax?
No. The statute explicitly identifies the charge as an annual fee, not a tax (see page 7 of SB 57, § 5 (N.M. 2020).
Who pays the Spay/Neuter fee?
Large pet food manufacturers that sell dog and cat food (and treats) in New Mexico pay the fee. In this context, “large manufacturers” are those that have annual gross revenues over $3 million. The fee is not charged to distributors, retailers, or consumers.
Are there any exemptions to paying the annual Spay/Neuter fee?
Yes. There are two types of exemptions:
- Dog and cat food manufacturers with gross annual revenues no more than $3 million are exempt from the fee; and,
- Prescription dog and cat food products (including treats) prescribed by a veterinarian are exempt from the fee.
Does the fee apply to other products besides dog and cat food?
Yes. The fee also applies to dog and cat treats (unless they are exempt).
Has the Affordable Spay/Neuter Law negatively impacted the variety of, or availability of, dog and cat food products in New Mexico?
No. Both the number of registered dog and cat food product labels, and the number of manufacturers selling those products, have increased in New Mexico since the Law was enacted.
How much do manufacturers pay per product label?
Under the Affordable Spay/Neuter Law, manufacturers pay the New Mexico Department of Agriculture an annual fee of $100 on each pet food label they register to sell in New Mexico. The fee started at $50 per label (in 2021), was raised to $75 (in 2022), and was capped at $100 (in 2023).
Do manufacturers pay a fee on each can or bag of pet food under SB 57?
No. Manufacturers pay a one-time fee each year to register each label of non-exempt dog and cat food products. For example, if a manufacturer sells two varieties of canned cat food—tuna flavor and salmon flavor—in New Mexico, they would pay the $100 fee for each variety or “label”. The fee does not apply to individual units of pet food sold.
Who is eligible to receive Spay/Neuter funding as a result of the law?
Qualified spay/neuter providers are selected to receive grant funds after submitting a grant application to the New Mexico Board of Veterinary Medicine (NMBVM). Grant applications are carefully reviewed by the Animal Sheltering Committee (which is housed within the NMBVM) to determine which spay/neuter providers should receive grants. This is a competitive process meant to prioritize the most impactful spay/neuter projects.
How much funding has the Affordable Spay/Neuter Law generated?
To date, the collection of fees by the New Mexico Department of Agriculture has generated over $5 million for dog and cat spay/neuter surgeries in New Mexico. The first distribution of approximately $1 million was awarded as grants to qualified spay/neuter providers across New Mexico in October 2025.
President of the Chama Humane Society, Jean Garlie, stated, “Thanks to SB 57, we are the grateful recipient of a grant to support our spay/neuter program. Our service area covers a wide expanse of northern New Mexico, an area with sparse resources and veterinary services. This grant will provide spay/neuter support to an underserved population who, without this financial help, would not be able to afford to pay for the travel and expense of controlling the overpopulation of unwanted puppies and kittens.”
Read our latest press release
New State Funding Reaches Animal Shelters & Spay/Neuter Providers.
How can you help pass this law?
Real change happens when people come together and speak up.
Whether you can take a few minutes to sign a petition or spend a day advocating directly with lawmakers, your involvement plays a critical role in passing this law.
Please urge your State Representative and State Senator to save the Affordable Spay/Neuter Law by removing the law’s repeal date during the 2026 state legislative session.
Join us on February 10, 2026, at the New Mexico State Capitol for an advocacy-filled day that will allow you to make your voice heard on behalf of animals.
See what members of our communities are saying about this law!
“We have been looking forward to supporting our New Mexico communities that have been fighting the overpopulation of pets through spay and neuter clinics. This funding will help them provide the surgeries needed to curb this problem. I’m ecstatic!”
— Representative Joanne J. Ferrary (D-Doña Ana), House Sponsor of SB 57
“Thanks to SB 57, we are the grateful recipient of a grant to support our spay/neuter program. Our service area covers a wide expanse of northern New Mexico, an area with sparse resources and veterinary services. This grant will provide spay/neuter support to an underserved population who, without this financial help, would not be able to afford to pay for the travel and expense of controlling the overpopulation of unwanted puppies and kittens.”
— Jean Garlie, President of the Chama Humane Society
“This funding from the State of New Mexico will make a tremendous difference for families in our community. By helping cover spay and neuter costs for pets being reclaimed by their owners, we’re removing a major financial barrier and supporting responsible pet ownership. This support allows us to help pet owners who want to do the right thing but simply can’t afford it, while reducing shelter intake and improving animal welfare across our region.”
— Elizabeth Seely, Animal Services Center of the Mesilla Valley
Endorsements for Senate Bill 38
Public Entities in Support
° New Mexico Sheriffs’ Association
° County of Bernalillo Sheriff’s Office
° County of Sandoval
° City of Farmington – Farmington Regional Animal Shelter
° City of Las Cruces
° City of Santa Rosa Animal Control
° Town of Edgewood
Animal Welfare Organizations in Support
° Best Friends Animal Society (national organization)
° Animal Humane New Mexico
° Animal Services Center of the Mesilla Valley
° Animal Protective Association of Socorro
° Bro and Tracy Animal Welfare (Albuquerque, Corrales, and Rio Rancho)
° Chama Valley Humane Society
° Deming Animal Guardians
° Dixon Animal Protection Society
° Friends of Estancia Valley Animals
° Jemez Valley Animal Amigos
° Raton Humane Society
° Santa Fe Animal Shelter
° S.N.A.P. Las Cruces
° Taos Feral Felines
Stakeholders in Support
° Carolyn Ortega, City of Albuquerque Animal Welfare Department
° Misha Goodman, Bernalillo County Animal Care Services
° Tammy Fiebelkorn, Albuquerque District 7 City Councilor
° Steve Miera, Taos County Sheriff
The above coalition stands in strong support of Senate Bill 38 to remove the repeal date from New Mexico’s Affordable Spay/Neuter Law so that the Law will continue funding affordable/spay neuter services for dogs and cats in communities across the state.
