SF 1995

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 08/29/2019 11:19am

A bill for an act
relating to animal health; modifying requirements for farmed Cervidae;
appropriating money to develop a test for chronic wasting disease; amending
Minnesota Statutes 2018, sections 35.153, by adding subdivisions; 35.155,
subdivisions 4, 6, 7, 9, 10, 11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 35.153, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Commercial herd. new text end

new text begin "Commercial herd" means a herd for which the owner
manages the herd for profit or monetary gain and engages in transactions or exchanges for
consideration, including sale, barter, the offer to sell, or possession with the intent to sell.
new text end

Sec. 2.

Minnesota Statutes 2018, section 35.153, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Noncommercial herd. new text end

new text begin "Noncommercial herd" means a herd that is managed
solely for personal enjoyment and use, as determined by the board.
new text end

Sec. 3.

Minnesota Statutes 2018, 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 new text begin high tensile fencing new text end 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. new text begin 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 deficiency must be repaired by the owner within 48
hours of discovery of the deficiency. If a fence deficiency is detected during an inspection,
the facility must be reinspected at least once in the subsequent three months.
new text end

Sec. 4.

Minnesota Statutes 2018, 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 new text begin include a distinct number that has not
been used during the previous year and must new text end be visible to the naked eye during daylight
under normal conditions at a distance of 50 yards. Newborn animals must be identified
before December 31 of the year in which the animal is born or before movement from the
premises, whichever occurs first. new text begin An animal that is not identified as required under this
subdivision may be destroyed by the commissioner of natural resources.
new text end

(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 deleted text begin shall deleted text end new text begin must new text end 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. 5.

Minnesota Statutes 2018, section 35.155, subdivision 7, is amended to read:

Subd. 7.

Inspection.

new text begin As coordinated by the board, new text end the commissioner of agriculture new text begin , an
enforcement officer, as defined in section 97A.015, subdivision 18, new text end and the Board of Animal
Health may inspect farmed Cervidae, farmed Cervidae facilities, and farmed Cervidae
records. For each new text begin commercial new text end herd, the owner or owners must, on or before January 1, pay
an annual inspection fee equal to $10 for each cervid in the herd as reflected in the most
recent inventory submitted to the Board of Animal Health deleted text begin , up to a maximum fee of $100 deleted text end new text begin .
For each noncommercial herd, the owner or owners must, on or before January 1, pay an
annual inspection fee of $100 new text end . The commissioner of natural resources may inspect farmed
Cervidae, farmed Cervidae facilities, and farmed Cervidae records with reasonable suspicion
that laws protecting native wild animals have been violated and must notify the owner in
writing at the time of the inspection of the reason for the inspection and must inform the
owner in writing after the inspection of whether (1) the cause of the inspection was
unfounded; or (2) there will be an ongoing investigation or continuing evaluation. new text begin The board
shall ensure that each farmed Cervidae facility is inspected within four months of a previous
inspection. The inspection by the agency authorized under this paragraph must include a
physical inspection of the entire perimeter fence around the facility, and a verification that
farmed Cervidae are tagged. The owner or owners of the herd must present an accurate
inventory for review.
new text end

Sec. 6.

Minnesota Statutes 2018, section 35.155, subdivision 9, is amended to read:

Subd. 9.

Contested case hearing.

new text begin (a) new text end A person raising farmed Cervidae that is aggrieved
with any decision regarding the farmed Cervidae may request a contested case hearing under
chapter 14.

new text begin (b) A person requesting a contested case hearing regarding a registration revocation
under subdivision 10, paragraph (b), must make the request within 30 days of the revocation
notice.
new text end

Sec. 7.

Minnesota Statutes 2018, section 35.155, subdivision 10, is amended to read:

Subd. 10.

Mandatory registration.

new text begin (a) new text end A person may not possess live Cervidae in
Minnesota unless the person is registered with the Board of Animal Health and meets all
the requirements for farmed Cervidae under this section. Cervidae possessed in violation
of this subdivision may be seized and destroyed by the commissioner of natural resources.

new text begin (b) If the facility experiences more than two escape incidents in any 12-month period,
the board may revoke the facility's registration and the animals may be seized by the
commissioner of natural resources. After investigation and review of fence deficiencies,
escapes, and other program requirements, the board may revoke the registration of a person
who owns farmed Cervidae, and the animals may be seized by the commissioner of natural
resources. Unless it would prohibit the operator from receiving federal indemnification
payments, an enforcement officer, as defined in section 97A.015, subdivision 18, may
destroy seized Cervidae 30 days after the registration revocation notice or following a final
decision of a contested case hearing, whichever is later.
new text end

Sec. 8.

Minnesota Statutes 2018, section 35.155, subdivision 11, is amended to read:

Subd. 11.

Mandatory surveillance for chronic wasting disease.

(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 14 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 16 deleted text end new text begin 12 new text end months of age that die
or are slaughtered must be tested for chronic wasting disease.

new text begin (d) Except for a closed terminal facility in which live Cervidae are not transported out
of the facility, the owner of a premises where chronic wasting disease is detected must:
new text end

new text begin (1) depopulate the premises of Cervidae;
new text end

new text begin (2) maintain exclusionary fencing on the premises for five years after the date of detection;
and
new text end

new text begin (3) not stock Cervidae species on the premises after the date of detection.
new text end

new text begin (e) Before signing an agreement to sell or transfer the property, the owner of a premises
where chronic wasting disease is detected must disclose in writing to the buyer or transferee:
new text end

new text begin (1) the date of detection of chronic wasting disease or the date of depopulation, whichever
is later;
new text end

new text begin (2) the requirement to maintain exclusionary fencing on the premises for five years from
the date in clause (1); and
new text end

new text begin (3) restriction of no stocking of Cervidae species on the premises from the date in clause
(1).
new text end

Sec. 9. new text begin APPROPRIATION; DIAGNOSTIC TEST FOR CHRONIC WASTING
DISEASE.
new text end

new text begin $1,804,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of natural resources for a grant to the Board of Regents of the University of Minnesota to
develop a diagnostic test for chronic wasting disease that uses samples from living deer.
This is a onetime appropriation and is available until June 30, 2021.
new text end