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Minnesota Legislature

Office of the Revisor of Statutes

SF 1995

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2019 04:29pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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 beginhigh tensile or exclusionary
fencing
new text endat 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
annual inspection, the facility must be reinspected not less than two times in the subsequent
six 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 begininclude a distinct number that has not
been used during the previous year and must
new text endbe visible to the naked eye during daylight
under normal conditions at a distance of 50 yards. Newborn animals must be identified
before deleted text beginDecember 31deleted text endnew text begin September 15new text end 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 beginshalldeleted text endnew text begin mustnew 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 endthe commissioner of agriculturenew text begin, the
commissioner of natural resources,
new text end and the Board of Animal Health may inspect farmed
Cervidae, farmed Cervidae facilities, and farmed Cervidae records. For each new text begincommercial
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 Healthdeleted text begin, up to a maximum fee of $100deleted text endnew 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 three 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 endA 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 endA 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. The commissioner 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 begin16deleted text endnew text begin 12new text end months of age that die
or are slaughtered must be tested for chronic wasting disease.

new text begin (d) 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 for five years after the date of detection.
new text end

new text begin (e) The owner of a premises where chronic wasting disease is detected must record, with
the county recorder or registrar of titles of the county in which the land is located, a deed
restriction containing:
new text end

new text begin (1) a legal description of the property;
new text end

new text begin (2) the date of detection of chronic wasting disease or the date of depopulation, whichever
is later;
new text end

new text begin (3) the requirement to maintain exclusionary fencing on the premises for five years from
the date in clause (2); and
new text end

new text begin (4) restriction of no stocking of Cervidae species on the premises for five years from
the date in clause (2).
new text end

Sec. 9. new text beginAPPROPRIATION; 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