HF 808

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; the board of animal health; 
  1.3             changing the name of the executive secretary of the 
  1.4             board of animal health to the executive director; 
  1.5             repealing limitations on the sale of cattle; amending 
  1.6             Minnesota Statutes 1998, sections 35.02, subdivision 
  1.7             1; 35.04; 35.08; 35.09, subdivisions 2 and 2a; 35.67; 
  1.8             35.68; 35.82, subdivisions 1b, 2, and 3; 35.92, 
  1.9             subdivision 5; and 35.93, subdivision 1; repealing 
  1.10            Minnesota Statutes 1998, sections 35.245; and 35.96, 
  1.11            subdivision 4. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 35.02, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [MEMBERS; OFFICERS.] The board has five 
  1.16  members appointed by the governor with the advice and consent of 
  1.17  the senate, three of whom are producers of livestock in the 
  1.18  state, and two of whom are practicing veterinarians licensed in 
  1.19  Minnesota.  The dean of the college of veterinary medicine of 
  1.20  the University of Minnesota may serve as consultant to the board 
  1.21  without vote.  Appointments to fill unexpired terms must be made 
  1.22  from the classes to which the retiring members belong.  The 
  1.23  board shall elect a president and a vice-president from among 
  1.24  its members and a veterinarian licensed in Minnesota who is not 
  1.25  a member to be its executive secretary director for a term of 
  1.26  one year and until a successor qualifies.  The board shall set 
  1.27  the duties of the secretary director. 
  1.28     Sec. 2.  Minnesota Statutes 1998, section 35.04, is amended 
  2.1   to read: 
  2.2      35.04 [DUTY OF BOARDS OF HEALTH.] 
  2.3      Boards of health as defined in section 145A.02, subdivision 
  2.4   2, shall assist the board in the prevention, suppression, 
  2.5   control, and eradication of contagious and infectious dangerous 
  2.6   diseases among domestic animals when directed to do so by the 
  2.7   secretary director or any member of the board.  Two or more 
  2.8   local boards may be required in emergencies to cooperate in 
  2.9   giving assistance.  The rules of the state board prevail over 
  2.10  conflicting local board rules. 
  2.11     Sec. 3.  Minnesota Statutes 1998, section 35.08, is amended 
  2.12  to read: 
  2.13     35.08 [KILLING OF DISEASED ANIMALS.] 
  2.14     If the board decides upon the killing of an animal affected 
  2.15  with tuberculosis, paratuberculosis, or brucellosis, it shall 
  2.16  notify the animal's owner or keeper of the decision.  If the 
  2.17  board, through its executive secretary director, orders that an 
  2.18  animal may be transported for immediate slaughter to any 
  2.19  abattoir where the meat inspection division of the United States 
  2.20  Department of Agriculture maintains inspection, or where the 
  2.21  animal and plant health inspection service of the United States 
  2.22  Department of Agriculture or the board establishes field 
  2.23  postmortem inspection, the owner must receive the value of the 
  2.24  net salvage of the carcass. 
  2.25     Before the animal is removed from the premises of the 
  2.26  owner, the representative or authorized agent of the board must 
  2.27  agree with the owner in writing as to the value of the animal.  
  2.28  In the absence of an agreement, three competent, disinterested 
  2.29  persons, one appointed by the board, one by the owner, and a 
  2.30  third by the first two, shall appraise the animal at its full 
  2.31  replacement cost taking into consideration the purpose and use 
  2.32  of the animal. 
  2.33     The appraisement made under this section must be in 
  2.34  writing, signed by the appraisers, and certified by the board to 
  2.35  the commissioner of finance, who shall draw a warrant on the 
  2.36  state treasurer for the amount due the owner. 
  3.1      Sec. 4.  Minnesota Statutes 1998, section 35.09, 
  3.2   subdivision 2, is amended to read: 
  3.3      Subd. 2.  [EXCEPTIONS.] The owner of an animal is entitled 
  3.4   to the indemnity provided in subdivision 1, except in the 
  3.5   following cases: 
  3.6      (1) steers; 
  3.7      (2) animals which have not been kept in good faith for one 
  3.8   year or since their birth in the state; 
  3.9      (3) animals brought into the state, contrary to law or 
  3.10  rules of the board; 
  3.11     (4) animals diseased on arrival in the state; 
  3.12     (5) animals belonging to the United States; 
  3.13     (6) animals belonging to institutions maintained by the 
  3.14  state, a county, or a municipality; 
  3.15     (7) animals which the owner or claimant knew or should have 
  3.16  known were diseased at the time they were acquired; 
  3.17     (8) animals exposed to brucellosis through the owner's 
  3.18  negligence; 
  3.19     (9) animals which have been injected with brucellosis 
  3.20  vaccine, bacterin, or other preparations made from or through 
  3.21  the agency of Brucella Microorganisms unless it was done in 
  3.22  compliance with the rules of the board; 
  3.23     (10) animals belonging to a person who has received 
  3.24  indemnity as a result of a former inspection or tests and has 
  3.25  then introduced into the same herd any animals which have not 
  3.26  passed the tuberculin or brucellosis test; 
  3.27     (11) animals if the owner, agent, or person in possession 
  3.28  of them has not complied with the rules of the board with 
  3.29  respect to condemned animals; 
  3.30     (12) condemned animals which are not destroyed within 15 
  3.31  days after the date of appraisal, or for which the owner refuses 
  3.32  to sign the appraisal or report of the members of the appraisal 
  3.33  board, except that in extraordinary circumstances and in 
  3.34  meritorious cases and at the discretion of the executive 
  3.35  secretary director of the board the time limit of 15 days may be 
  3.36  extended an additional 15 days if the owner receives permission 
  4.1   from the executive secretary director within 15 days of the date 
  4.2   of appraisal; 
  4.3      (13) livestock affected with tuberculosis, 
  4.4   paratuberculosis, or brucellosis unless the entire herd of which 
  4.5   the affected livestock is a part, or from which the affected 
  4.6   livestock has originated, is examined and tested under the 
  4.7   supervision of the board, in order to determine if they are free 
  4.8   from the disease; 
  4.9      (14) livestock affected with tuberculosis, 
  4.10  paratuberculosis, or brucellosis unless the owner has carried 
  4.11  out the instructions of the board relating to cleaning, 
  4.12  disinfection, and rendering the stables and premises in a 
  4.13  sanitary condition within 15 days of the time of removal of the 
  4.14  animals from the premises, except when, because of inclement 
  4.15  weather or other extenuating circumstances, the time is extended 
  4.16  by the executive secretary director of the board; 
  4.17     (15) livestock affected with tuberculosis, 
  4.18  paratuberculosis, or brucellosis, if the owner has fed milk or 
  4.19  milk products derived from creameries which was not pasteurized 
  4.20  as required by state laws; and 
  4.21     (16) animals owned by a nonresident if neither the owner 
  4.22  nor the owner's agent breed livestock in Minnesota.  
  4.23     If, at any time, the annual appropriation for payment of 
  4.24  indemnities becomes exhausted as a result of condemnation and 
  4.25  slaughter of animals, the board shall discontinue making further 
  4.26  official tests or authorizing tests unless an owner signs a 
  4.27  waiver on blanks furnished by the board of payment of indemnity 
  4.28  for any animals that may be condemned as the result of a test 
  4.29  and inspection which releases the state from any obligation to 
  4.30  pay indemnity from any future appropriation. 
  4.31     Sec. 5.  Minnesota Statutes 1998, section 35.09, 
  4.32  subdivision 2a, is amended to read: 
  4.33     Subd. 2a.  [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The 
  4.34  board may condemn and appraise nonreactors to the brucellosis 
  4.35  test and exposed cattle not eligible to be tested from herds 
  4.36  affected with brucellosis and may pay the owner the difference 
  5.1   between the appraisal value and the salvage value up to $300 for 
  5.2   grade animals or $600 for purebred registered animals if the 
  5.3   board through its executive secretary director has determined 
  5.4   according to criteria adopted by the board that herd 
  5.5   depopulation is essential to the goal of bovine brucellosis 
  5.6   eradication.  Indemnity payable by the state must be reduced by 
  5.7   the amount paid by the United States Department of Agriculture.  
  5.8   No indemnity may be paid for steers. 
  5.9      Sec. 6.  Minnesota Statutes 1998, section 35.67, is amended 
  5.10  to read: 
  5.11     35.67 [RABIES INVESTIGATION.] 
  5.12     If the executive secretary director of the board of animal 
  5.13  health, or a board of health as defined in section 145A.02, 
  5.14  subdivision 2, receives a written complaint that rabies exists 
  5.15  in a town or city in the board's jurisdiction, the board of 
  5.16  health shall investigate, either personally or through 
  5.17  subordinate officers, the truth of the complaint.  A board of 
  5.18  health may also make an investigation and determination 
  5.19  independently, without having received a complaint.  The fact 
  5.20  that a board of health has investigated and determined that 
  5.21  rabies does not exist in a jurisdiction does not deprive the 
  5.22  executive secretary director of the board of animal health of 
  5.23  jurisdiction or authority to make an investigation and 
  5.24  determination with reference to the territory.  For the purposes 
  5.25  of sections 35.67 to 35.69, the jurisdiction of the 
  5.26  executive secretary director of the board of animal health is 
  5.27  the entire state.  
  5.28     Sec. 7.  Minnesota Statutes 1998, section 35.68, is amended 
  5.29  to read: 
  5.30     35.68 [RABIES PROCLAMATION.] 
  5.31     If a board of health as defined in section 145A.02, 
  5.32  subdivision 2, investigates and finds that rabies does exist in 
  5.33  a town or city the board of health shall make and file a 
  5.34  proclamation of the investigation and determination which 
  5.35  prohibits the owner or custodian of any dog from allowing the 
  5.36  dog to be at large within the town or city unless the dog is 
  6.1   effectively muzzled so that it cannot bite any other animal or 
  6.2   person. 
  6.3      If the executive secretary director of the board of animal 
  6.4   health, after investigation, has determined that rabies exists 
  6.5   in any territory in the state, similar proclamations must be 
  6.6   issued in all towns and cities within the territory or area in 
  6.7   which it is necessary to control the outbreak and prevent the 
  6.8   spread of the disease.  The proclamation must prohibit the owner 
  6.9   or custodian of any dog within the designated territory from 
  6.10  permitting or allowing the dog to be at large within the 
  6.11  territory unless the dog is effectively muzzled so that it 
  6.12  cannot bite any other animal or person. 
  6.13     All local peace officers and boards of health shall enforce 
  6.14  sections 35.67 to 35.69.  
  6.15     A proclamation issued by the board of health must be filed 
  6.16  with the clerk of the political subdivision responsible for the 
  6.17  board of health.  One issued by the executive secretary director 
  6.18  of the board of animal health must be filed with the clerk of 
  6.19  each town and city within the territory it covers. 
  6.20     Each officer with whom the proclamation is filed shall 
  6.21  publish a copy of it in one issue of a legal newspaper published 
  6.22  in the clerk's town or city if one is published there.  If no 
  6.23  newspaper is published there, the clerk must post a copy of the 
  6.24  proclamation in three public places.  Publication is at the 
  6.25  expense of the municipality.  
  6.26     Proof of publication must be by affidavit of the publisher 
  6.27  and proof of posting must be by the person doing the posting.  
  6.28  The affidavit must be filed with the proclamation.  The 
  6.29  proclamation is effective five days after the publication or 
  6.30  posting and remains effective for the period of time not 
  6.31  exceeding six months specified in it by the board of health 
  6.32  making the proclamation. 
  6.33     Sec. 8.  Minnesota Statutes 1998, section 35.82, 
  6.34  subdivision 1b, is amended to read: 
  6.35     Subd. 1b.  [CARCASSES FOR PET OR MINK FOOD.] (a) The board, 
  6.36  through its executive secretary director, may issue a permit to 
  7.1   the owner or operator of a pet food processing establishment, a 
  7.2   mink rancher, or a supplier of an establishment, located within 
  7.3   the boundaries of Minnesota, to transport the carcasses of 
  7.4   domestic animals that have died or have been killed, other than 
  7.5   by being slaughtered for human or animal consumption, over the 
  7.6   public highways to the establishment for pet food or mink food 
  7.7   purposes only.  The owners and operators of pet food processing 
  7.8   establishments or their suppliers and mink ranch operators 
  7.9   located in any adjacent state with which a reciprocal agreement 
  7.10  is in effect under subdivision 3 are not required to possess a 
  7.11  permit issued under this subdivision.  The permit is valid for 
  7.12  one year following the date of issue unless it is revoked. 
  7.13     (b) The owner or operator of a pet food processing plant or 
  7.14  mink ranch shall employ an official veterinarian.  A 
  7.15  veterinarian named in the permit application who is accepted by 
  7.16  the board to act as the official veterinarian is authorized to 
  7.17  act as its representative. 
  7.18     (c) Carcasses collected by owners or operators under permit 
  7.19  may be used for pet food or mink food purposes if the official 
  7.20  veterinarian examines them and finds them suitable for pet food 
  7.21  or mink food purposes. 
  7.22     (d) Carcasses not passed by the official veterinarian for 
  7.23  pet food or mink food purposes must be disposed of by a 
  7.24  rendering plant operating under permit from the board. 
  7.25     (e) The board must require pet food processing 
  7.26  establishments, owners and operators of mink ranches, and 
  7.27  suppliers of these establishments to conform to rules of the 
  7.28  board applicable to rendering plants within the state. 
  7.29     Sec. 9.  Minnesota Statutes 1998, section 35.82, 
  7.30  subdivision 2, is amended to read: 
  7.31     Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
  7.32  provided in subdivision 1b and paragraph (d), every person 
  7.33  owning or controlling any domestic animal that has died or been 
  7.34  killed otherwise than by being slaughtered for human or animal 
  7.35  consumption, shall as soon as reasonably possible bury the 
  7.36  carcass at a depth adequate to prevent scavenging by other 
  8.1   animals in the ground or thoroughly burn it or dispose of it by 
  8.2   another method approved by the board as being effective for the 
  8.3   protection of public health and the control of livestock 
  8.4   diseases.  The board, through its executive secretary director, 
  8.5   may issue permits to owners of rendering plants located in 
  8.6   Minnesota which are operated and conducted as required by law, 
  8.7   to transport carcasses of domestic animals and fowl that have 
  8.8   died, or have been killed otherwise than by being slaughtered 
  8.9   for human or animal consumption, over the public highways to 
  8.10  their plants for rendering purposes in accordance with the rules 
  8.11  adopted by the board relative to transportation, rendering, and 
  8.12  other provisions the board considers necessary to prevent the 
  8.13  spread of disease.  The board may issue permits to owners of 
  8.14  rendering plants located in an adjacent state with which a 
  8.15  reciprocal agreement is in effect under subdivision 3. 
  8.16     (b) Carcasses collected by rendering plants under permit 
  8.17  may be used for pet food or mink food if the owner or operator 
  8.18  meets the requirements of subdivision 1b. 
  8.19     (c) An authorized employee or agent of the board may enter 
  8.20  private or public property and inspect the carcass of any 
  8.21  domestic animal that has died or has been killed other than by 
  8.22  being slaughtered for human or animal consumption.  Failure to 
  8.23  dispose of the carcass of any domestic animal within the period 
  8.24  specified by this subdivision is a public nuisance.  The board 
  8.25  may petition the district court of the county in which a carcass 
  8.26  is located for a writ requiring the abatement of the public 
  8.27  nuisance.  A civil action commenced under this paragraph does 
  8.28  not preclude a criminal prosecution under this section.  No 
  8.29  person may sell, offer to sell, give away, or convey along a 
  8.30  public road or on land the person does not own, the carcass of a 
  8.31  domestic animal when the animal died or was killed other than by 
  8.32  being slaughtered for human or animal consumption unless it is 
  8.33  done with a special permit pursuant to this section.  The 
  8.34  carcass or parts of a domestic animal that has died or has been 
  8.35  killed other than by being slaughtered for human or animal 
  8.36  consumption may be transported along a public road for a medical 
  9.1   or scientific purpose if the carcass is enclosed in a leakproof 
  9.2   container to prevent spillage or the dripping of liquid waste.  
  9.3   The board may adopt rules relative to the transportation of the 
  9.4   carcass of any domestic animal for a medical or scientific 
  9.5   purpose.  A carcass on a public thoroughfare may be transported 
  9.6   for burial or other disposition in accordance with this section. 
  9.7      No person who owns or controls diseased animals shall 
  9.8   negligently or willfully permit them to escape from that control 
  9.9   or to run at large. 
  9.10     (d) A sheep producer may compost sheep carcasses owned by 
  9.11  the producer on the producer's land without a permit and is 
  9.12  exempt from compost facility specifications contained in rules 
  9.13  of the board. 
  9.14     (e) The board shall develop best management practices for 
  9.15  dead animal disposal and the pollution control agency feedlot 
  9.16  program shall distribute them to livestock producers in the 
  9.17  state. 
  9.18     Sec. 10.  Minnesota Statutes 1998, section 35.82, 
  9.19  subdivision 3, is amended to read: 
  9.20     Subd. 3.  [RECIPROCITY.] The executive secretary director 
  9.21  of the board may enter into a reciprocal agreement on behalf of 
  9.22  this state with an adjacent state which provides for permits to 
  9.23  be issued to rendering plants, pet food processing 
  9.24  establishments or suppliers of establishments, and mink ranch 
  9.25  operators located in either state to transport carcasses to 
  9.26  their plants, establishments, or ranches over the public 
  9.27  highways of this state and the reciprocating state. 
  9.28     This subdivision applies if the adjacent state has in 
  9.29  effect standards and requirements which are the equivalent of 
  9.30  the standards and requirements of this state as established by 
  9.31  the board. 
  9.32     Sec. 11.  Minnesota Statutes 1998, section 35.92, 
  9.33  subdivision 5, is amended to read: 
  9.34     Subd. 5.  [SUBPOENAS.] The board of animal health through 
  9.35  its executive secretary director may issue subpoenas to compel 
  9.36  the attendance of witnesses or submission of books, documents, 
 10.1   and records affecting the authority or privilege granted by a 
 10.2   license, registration, certification, or permit issued under 
 10.3   this chapter or by the board or issued by the commissioner of 
 10.4   agriculture if agreed to by the commissioner. 
 10.5      Sec. 12.  Minnesota Statutes 1998, section 35.93, 
 10.6   subdivision 1, is amended to read: 
 10.7      Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The board of 
 10.8   animal health may seek to remedy violations by authorizing the 
 10.9   executive secretary director to issue a written warning, 
 10.10  administrative meeting, cease and desist, stop-sale, or other 
 10.11  special order, seizure, stipulation, or agreement, if the board 
 10.12  determines that the remedy is in the public interest. 
 10.13     Sec. 13.  [REPEALER.] 
 10.14     Minnesota Statutes 1998, sections 35.245; and 35.96, 
 10.15  subdivision 4, are repealed. 
 10.16     Sec. 14.  [EFFECTIVE DATE.] 
 10.17     This act is effective the day following final enactment.