Minnesota Legislature
HF 4126
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:40pm
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A bill for an act
relating to agriculture; modifying requirements to farm Cervidae; amending
Minnesota Statutes 2020, section 35.155, subdivisions 4, 6, 12; Minnesota Statutes
2021 Supplement, section 35.155, subdivision 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 35.155, subdivision 4, is amended to read:
Subd. 4.
Fencing.
Farmed Cervidae must be confined in a manner designed to prevent
escape. All perimeter fences for farmed Cervidae must be at least 96 inches in height and
be constructed and maintained in a way that prevents the escape of farmed Cervidae or entry
into the premises by free-roaming Cervidae. deleted text begin After July 1, 2019,deleted text end All new fencing installed
and all fencing used to repair deficiencies must be high tensile. deleted text begin By December 1, 2019,deleted text end All
entry areas for farmed Cervidae enclosure areas must have two redundant gates, which must
be maintained to prevent the escape of animals through an open gate. If a fence deficiency
allows entry or exit by farmed or wild Cervidae, the owner must repair the deficiency within
deleted text begin a reasonable time, as determined by the Board of Animal Health, not to exceed 45deleted text end new text begin 14new text end days.
If a fence deficiency is detected during an inspection, the facility must be reinspected at
least once in the subsequent three months. The farmed Cervidae owner must pay a
reinspection fee equal to one-half the applicable annual inspection fee under subdivision
7a for each reinspection related to a fence violation. If the facility experiences more than
one escape incident in any six-month period or fails to correct a deficiency found during
an inspection, the board may revoke the facility's registration and order the owner to remove
or destroy the animals as directed by the board. If the board revokes a facility's registration,
the commissioner of natural resources may seize and destroy animals at the facility.
Sec. 2.
Minnesota Statutes 2020, section 35.155, subdivision 6, is amended to read:
Subd. 6.
Identification.
(a) Farmed Cervidae must be identified by means approved by
the Board of Animal Health. The identification must include a distinct number that has not
been used during the previous three years and must be visible to the naked eye during
daylight under normal conditions at a distance of 50 yards.new text begin Within 14 days of birth,new text end
white-tailed deer must be identified deleted text begin before October 31 of the year in which the animal is
born, at the time of weaning, or before movement from the premises, whichever occurs firstdeleted text end new text begin
with an ear tag that adheres to the National Uniform Ear-Tagging System (NUES) or the
Animal Identification Number (AIN) systemnew text end . Elk and other cervids must be identified by
December 31 of the year in which the animal is born or before movement from the premises,
whichever occurs first. As coordinated by the board, the commissioner of natural resources
may destroy any animal that is not identified as required under this subdivision.
(b) The Board of Animal Health shall register farmed Cervidae. The owner must submit
the registration request on forms provided by the board. The forms must include sales
receipts or other documentation of the origin of the Cervidae. The board must provide copies
of the registration information to the commissioner of natural resources upon request. The
owner must keep written records of the acquisition and disposition of registered farmed
Cervidae.
Sec. 3.
Minnesota Statutes 2021 Supplement, section 35.155, subdivision 11, is amended
to read:
Subd. 11.
Mandatory surveillance for chronic wasting disease; depopulation.
(a)
An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
and filed with the Board of Animal Health every 12 months.
(b) Movement of farmed Cervidae from any premises to another location must be reported
to the Board of Animal Health within deleted text begin 14deleted text end new text begin sevennew text end days of the movement on forms approved
by the Board of Animal Health.
(c) All animals from farmed Cervidae herds that are over deleted text begin 12deleted text end new text begin sixnew text end months of age that die
or are slaughtered must be tested for chronic wasting disease.
(d) The owner of a premises where chronic wasting disease is detected must:
(1) depopulate the premises of Cervidae after the federal indemnification process has
been completed or, if an indemnification application is not submitted, within deleted text begin a reasonable
time determined by the board in consultation with the commissioner of natural resourcesdeleted text end new text begin
30 daysnew text end ;
(2) maintain the fencing required under subdivision 4 on the premises for deleted text begin fivedeleted text end new text begin 20new text end years
after the date of detection; and
(3) post the fencing on the premises with biohazard signs as directed by the board.
Sec. 4.
Minnesota Statutes 2020, section 35.155, subdivision 12, is amended to read:
Subd. 12.
Importation.
new text begin (a) new text end A person must not import new text begin live new text end Cervidaenew text begin or Cervidae semennew text end
into the state from a herd that isnew text begin :
new text end
new text begin (1) new text end infectednew text begin withnew text end ornew text begin has beennew text end exposed to chronic wasting diseasenew text begin ;new text end or
new text begin (2) new text end from a deleted text begin knowndeleted text end new text begin state or province wherenew text end chronic wasting disease deleted text begin endemic area, as
determined by the boarddeleted text end new text begin has been detected in a captive herd or in the wildnew text end .
new text begin (b)new text end A person may importnew text begin livenew text end Cervidaenew text begin or Cervidae semennew text end into the state only from a
herd thatnew text begin :
new text end
new text begin (1)new text end is not deleted text begin in a knowndeleted text end new text begin located in a state or province wherenew text end chronic wasting disease deleted text begin endemic
area, as determined by the board,deleted text end new text begin has been detected;new text end and
new text begin (2)new text end deleted text begin the herddeleted text end has been subject to a deleted text begin state or provincial approveddeleted text end new text begin state- or
provincial-approvednew text end chronic wasting disease monitoring program for at least three years.
new text begin (c)new text end Cervidaenew text begin or Cervidae semennew text end imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.