SF 3728

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; providing requirements for cattle herds within certain
areas; providing for control of bovine tuberculosis; appropriating money to the
Board of Animal Health for the buyout of cattle herds in certain areas; amending
Minnesota Statutes 2007 Supplement, section 35.244; proposing coding for new
law in Minnesota Statutes, chapter 35.

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

Section 1.

new text begin [35.086] BOVINE TUBERCULOSIS MANAGEMENT ZONE;
RESTRICTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Bovine tuberculosis management zone" means the area within the ten-mile
radius around the five presumptive tuberculosis-positive deer sampled during the fall
2006 hunter-harvested surveillance effort.
new text end

new text begin (c) "Located within" means that the herd is kept in the area for at least a part of
the year.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (a) Cattle owners with herds located within the bovine
tuberculosis management zone must:
new text end

new text begin (1) apply to the board for payments to remove the herd from the farm and keep off
the farm until the modified accredited area achieves tuberculosis-free status; or
new text end

new text begin (2) demonstrate that the cattle herd is kept in a manner that does not allow cattle
and deer interface.
new text end

new text begin (b) All cattle herds located within the bovine tuberculosis management zone must
have fences around winter feeding areas and stored forage crops.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:

35.244 deleted text begin RULES FOR deleted text end CONTROL OF BOVINE TUBERCULOSIS.

new text begin Subdivision 1. new text end

new text begin Designation of zones. new text end

new text begin The board has the authority to control
tuberculosis and the movement of cattle, bison, and farmed cervidae within and between
tuberculosis zones in the state. Zones within the state may be designated as accreditation
preparatory, modified accredited, modified accredited advanced, or accredited free as
those terms are defined in Code of Federal Regulations, title 9, part 77. The board may
designate tuberculosis zones that contain not more than 201 herds.
new text end

new text begin Subd. 2. new text end

new text begin Control within modified accredited zone. new text end

new text begin In a modified accredited
zone, the board has the authority to:
new text end

new text begin (1) require owners of cattle, bison, or farmed cervidae to report personal contact
information and location of livestock to the board;
new text end

new text begin (2) require a permit or movement certificates for all cattle, bison, and farmed
cervidae moving between premises within the zone or leaving or entering the zone;
new text end

new text begin (3) require official identification of all cattle, bison, and farmed cervidae within
the zone or leaving or entering the zone;
new text end

new text begin (4) require a negative tuberculosis test within 60 days prior to movement for any
individual cattle, bison, or farmed cervidae leaving the zone with the exception of cattle
moving under permit directly to a slaughter facility under state or federal inspection;
new text end

new text begin (5) require a whole-herd tuberculosis test within 12 months prior to moving breeding
cattle out of the zone;
new text end

new text begin (6) require annual herd inventories on all cattle, bison, or farmed cervidae herds; and
new text end

new text begin (7) require that a risk assessment be performed to evaluate the interaction of
free-ranging deer with cattle, bison, and farmed cervidae herds and require the owner to
implement the recommendations of the risk assessment.
new text end

new text begin Subd. 3. new text end

new text begin Authority to adopt rules. new text end

The board may adopt rules to provide for the
control of tuberculosis in cattle. The rules may include provisions for quarantine, tests,
and such other measures as the board deems appropriate. Federal regulations, as provided
by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication
Uniform Methods and Rules, are incorporated as part of the rules in this state.

Sec. 3. new text begin APPROPRIATION; BOVINE TUBERCULOSIS MANAGEMENT ZONE
HERD BUYOUT.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the Board of
Animal Health for the payments to cattle owners who remove cattle herds that are located
within the bovine tuberculosis management zone, as defined in Minnesota Statutes,
section 35.086.
new text end

Sec. 4. new text begin APPROPRIATION; PASTURE RESEARCH.
new text end

new text begin $400,000 is appropriated in fiscal year 2009 from the general fund to the Board of
Animal Health for a grant to North Central Research Center at Grand Rapids for a study of
the lifecycle of bovine tuberculosis in pasture.
new text end