Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 485-H.F.No. 2018 
           An act relating to agriculture; clarifying and 
          imposing penalties for violations related to diseased 
          animals under the jurisdiction of the board of animal 
          health; authorizing inspection upon notice; 
          authorizing enforcement of violations; authorizing 
          civil judicial enforcement actions; authorizing 
          administrative remedies for violations; imposing civil 
          and criminal penalties; amending Minnesota Statutes 
          1986, sections 35.245, subdivision 5; 35.80; 35.82, 
          subdivision 2; and 35.830; Minnesota Statutes 1987 
          Supplement, section 35.68; proposing coding for new 
          law in Minnesota Statutes, chapter 35; repealing 
          Minnesota Statutes 1986, sections 35.069; 35.15, 
          subdivision 2; 35.70; 35.71, subdivision 8; and 35.72, 
          subdivision 6. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [35.165] [LIABILITY FOR ILLEGALLY TRANSPORTING 
LIVESTOCK.] 
    A transportation company or corporation or its agent, the 
owner or driver of a vehicle for hire or a private vehicle used 
to haul livestock, or a person violating section 35.15 or 35.16 
is liable in a civil action to a person injured for the full 
amount of damages that may result from a violation of section 
35.15 or 35.16.  Action may be brought in a county where the 
livestock is sold, offered for sale, delivered to a purchaser, 
or detained in transit. 
    Sec. 2.  Minnesota Statutes 1986, section 35.245, 
subdivision 5, is amended to read:  
    Subd. 5.  [PENALTY.] A violation of this section or rules 
or quarantines of the board adopted under this section is a 
gross misdemeanor, and any An auctioneer convicted of knowingly 
conducting a sale of cattle livestock in violation of this 
section shall forfeit the auctioneer's license until its renewal 
is approved by the authority which issued the license. 
    Sec. 3.  Minnesota Statutes 1987 Supplement, section 35.68, 
is amended to read:  
    35.68 [RABIES PROCLAMATION.] 
    If a board of health as defined in section 145A.02, 
subdivision 2, investigates and finds that rabies does exist in 
a town or city the board of health shall make and file a 
proclamation of the investigation and determination which 
prohibits the owner or custodian of any dog from allowing the 
dog to be at large within the town or city unless the dog is 
effectively muzzled so that it cannot bite any other animal or 
person. 
    If the executive secretary of the board of animal health, 
after investigation, has determined that rabies exists in any 
territory in the state, similar proclamations must be issued in 
all towns and cities within the territory or area in which it is 
necessary to control the outbreak and prevent the spread of the 
disease.  The proclamation must prohibit the owner or custodian 
of any dog within the designated territory from permitting or 
allowing the dog to be at large within the territory unless the 
dog is effectively muzzled so that it cannot bite any other 
animal or person. 
    All local peace officers and boards of health shall enforce 
sections 35.67 to 35.69.  A violation of sections 35.67 to 35.69 
is a misdemeanor. 
    A proclamation issued by the board of health must be filed 
with the clerk of the political subdivision responsible for the 
board of health.  One issued by the executive secretary of the 
board of animal health must be filed with the clerk of each town 
and city within the territory it covers. 
    Each officer with whom the proclamation is filed shall 
publish a copy of it in one issue of a legal newspaper published 
in the clerk's town or city if one is published there.  If no 
newspaper is published there, the clerk must post a copy of the 
proclamation in three public places.  Publication is at the 
expense of the municipality.  
    Proof of publication must be by affidavit of the publisher 
and proof of posting must be by the person doing the posting.  
The affidavit must be filed with the proclamation.  The 
proclamation is effective five days after the publication or 
posting and remains effective for the period of time not 
exceeding six months specified in it by the board of health 
making the proclamation. 
    Sec. 4.  [35.701] [INFLUENCING A SALE OF DISEASED ANIMAL.] 
    A veterinarian who is an agent or representative of the 
board or another public official may not suggest, recommend, or 
try to influence or persuade the owner of an animal affected 
with a disease listed in section 35.08, directly or indirectly, 
to sell, barter, exchange, ship, or otherwise dispose of the 
animal to a particular person, firm, association, or corporation.
    Sec. 5.  Minnesota Statutes 1986, section 35.80, is amended 
to read:  
    35.80 [VIOLATIONS.] 
    A person who violates sections 35.73 to 35.80, who fails to 
perform any duties imposed by those sections, or violates any 
rule made under those sections is guilty of a misdemeanor.  Each 
day upon which violation occurs is a separate violation.  
    Sec. 6.  Minnesota Statutes 1986, section 35.82, 
subdivision 2, is amended to read:  
    Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
provided in subdivision 1b, every person owning or controlling 
any domestic animal that has died or been killed otherwise than 
by being slaughtered for human or animal consumption, shall as 
soon as reasonably possible bury the carcass at least three feet 
deep in the ground or thoroughly burn it.  The board, through 
its executive secretary, may issue permits to owners of 
rendering plants located in Minnesota which are operated and 
conducted as required by law, to transport carcasses of domestic 
animals and fowl that have died, or have been killed otherwise 
than by being slaughtered for human or animal consumption, over 
the public highways to their plants for rendering purposes in 
accordance with the rules adopted by the board relative to 
transportation, rendering, and other provisions the board 
considers necessary to prevent the spread of disease.  The board 
may issue permits to owners of rendering plants located in an 
adjacent state with which a reciprocal agreement is in effect 
under subdivision 3. 
    (b) Carcasses collected by rendering plants under permit 
may be used for pet food or mink food if the owner or operator 
employs an official veterinarian.  If the veterinarian named in 
the application is accepted by the board to act as the official 
veterinarian, the veterinarian is the board's authorized 
representative. 
    (c) Carcasses may be used for pet food or mink food if the 
official veterinarian examines each carcass and determines that 
the carcass is suitable for pet food or mink food purposes.  
Carcasses not passed by the official veterinarian for pet food 
or mink food purposes must be disposed of by rendering. 
    (d) An authorized employee or agent of the board may enter 
private or public property and inspect the carcass of any 
domestic animal that has died or has been killed other than by 
being slaughtered for human or animal consumption.  Failure to 
dispose of the carcass of any domestic animal within the period 
specified by this subdivision is a public nuisance.  The board 
may petition the district court of the county in which a carcass 
is located for a writ requiring the abatement of the public 
nuisance.  A civil action commenced under this paragraph does 
not preclude a criminal prosecution under this section.  No 
person may sell, offer to sell, give away, or convey along a 
public road or on land the person does not own, the carcass of a 
domestic animal when the animal died or was killed other than by 
being slaughtered for human or animal consumption unless it is 
done with a special permit pursuant to this section.  The 
carcass or parts of a domestic animal that has died or has been 
killed other than by being slaughtered for human or animal 
consumption may be transported along a public road for a medical 
or scientific purpose if the carcass is enclosed in a leak proof 
container to prevent spillage or the dripping of liquid waste.  
The board may adopt rules relative to the transportation of the 
carcass of any domestic animal for a medical or scientific 
purpose.  A carcass on a public thoroughfare may be transported 
for burial or other disposition in accordance with this section. 
    No person who owns or controls diseased animals shall 
negligently or willfully permit them to escape from that control 
or to run at large.  A violation of this section is a 
misdemeanor. 
    Sec. 7.  Minnesota Statutes 1986, section 35.830, is 
amended to read:  
    35.830 [SALE OF BRANDED LIVESTOCK; WRITTEN BILL OF SALE; 
PENALTY.] 
    Persons selling animals marked or branded with their mark 
or brand recorded in a current state brand book or its 
supplement or registered with the board shall execute to the 
purchaser a written bill of sale bearing the signature and 
residence of the seller, the name and address of the purchaser, 
the total number of animals sold, a description of each animal 
sold as to sex and kind, and all registered brands.  The bill of 
sale must be kept by the purchaser for two years and for as long 
afterwards as the purchaser owns any of the animals described in 
the bill of sale.  A copy of the bill of sale must be given to 
each hauler of the animals, other than railroads, and must 
accompany the shipment of animals while in transit.  The bill of 
sale or a copy must be shown by the possessor on demand to any 
peace officer or compliance representative of the board.  The 
bill of sale is prima facie evidence of the sale of the animals 
described by the bill of sale.  A violation of this section is a 
misdemeanor. 
     Sec. 8.  [35.90] [GENERAL INSPECTION AUTHORITY.] 
     Subdivision 1.  [ACCESS AND ENTRY.] Except as otherwise 
specifically provided, the board of animal health and the 
board's agents, upon issuance of a notice of inspection, must be 
granted access at reasonable times to sites where the board has 
reason to believe a violation of this chapter is occurring or 
has occurred. 
     Subd. 2.  [NOTICE OF INSPECTION SAMPLES AND 
ANALYSES.] Before leaving the premises inspected, the board of 
animal health or the board's agents must provide the owner, 
operator, or agent in charge with a receipt describing any 
samples obtained.  If an analysis is made of the samples, a copy 
of the results of the analysis must be furnished to the owner, 
operator, or agent in charge. 
     Sec. 9.  [35.91] [VIOLATION OF RULES AND ORDERS.] 
     Violation of a rule adopted under this chapter or an order 
made under the authority of this chapter is a violation of this 
chapter. 

                               ENFORCEMENT
    Sec. 10.  [35.92] [ENFORCEMENT.] 
    Subdivision 1.  [ENFORCEMENT REQUIRED.] (a) The board of 
animal health shall enforce this chapter and rules adopted under 
this chapter.  The board may delegate to the executive director 
authority to act on behalf of the board. 
    (b) Upon the request of the board of animal health or an 
agent authorized by the board, county attorneys, sheriffs, and 
other officers having authority in the enforcement of the 
general criminal laws shall take action to the extent of their 
authority necessary or proper for the enforcement of this 
chapter, or special orders, standards, stipulations, and 
agreements of the board. 
    Subd. 2.  [CRIMINAL ACTIONS.] For a criminal action, the 
county attorney where a violation occurred is responsible for 
prosecuting a violation of this chapter.  If the county attorney 
or, if appropriate, the city attorney refuses to prosecute, the 
attorney general may prosecute at the request of the board. 
    Subd. 3.  [CIVIL ACTIONS.] Civil judicial enforcement 
actions may be brought by the attorney general in the name of 
the state on behalf of the board of animal health.  A county 
attorney may bring a civil judicial enforcement action upon the 
request of the board and the attorney general. 
     Subd. 4.  [INJUNCTION.] The board of animal health may 
apply to a court with jurisdiction for a temporary or permanent 
injunction to prevent, restrain, or enjoin violations of this 
chapter. 
     Subd. 5.  [SUBPOENAS.] The board of animal health through 
its executive secretary may issue subpoenas to compel the 
attendance of witnesses or submission of books, documents, and 
records affecting the authority or privilege granted by a 
license, registration, certification, or permit issued under 
this chapter or by the board or issued by the commissioner of 
agriculture if agreed to by the commissioner. 
    Sec. 11.  [35.93] [ADMINISTRATIVE ACTION.] 
    Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The board of 
animal health may seek to remedy violations by authorizing the 
executive secretary to issue a written warning, administrative 
meeting, cease and desist, stop-sale, or other special order, 
seizure, stipulation, or agreement, if the board determines that 
the remedy is in the public interest. 
     Subd. 2.  [REVOCATION AND SUSPENSION.] The board may, after 
written notice and hearing, revoke, suspend, or refuse to renew 
a permit, license, or certification if a person violates this 
chapter. 
     Subd. 3.  [REMEDIAL ACTION ORDERS.] (a) If the board of 
animal health has probable cause to believe that a diseased 
animal is kept, sold, transported, or disposed of in violation 
of this chapter, the board may investigate and issue a written 
cease and desist, stop-sale, stop-use, or removal order or other 
remedial action to the owner, custodian, or other responsible 
party.  If the owner, custodian, or other responsible party is 
not available for service of the order, the board may attach the 
order to the animal and notify the owner, custodian, or other 
responsible party.  The animal may not be sold, slaughtered, or 
transported until the violation has been corrected or brought 
into compliance and the order has been released in writing under 
conditions specified by the board, or until the violation has 
been otherwise disposed of by a court. 
    (b) If a violation of this chapter results in conditions 
that may have an unreasonable adverse effect on humans, domestic 
animals, wildlife, or the environment, the board of animal 
health may, by order, require remedial action, including removal 
and proper disposal. 
    Sec. 12.  [35.94] [DAMAGES AGAINST STATE FOR ADMINISTRATIVE 
ACTION WITHOUT CAUSE.] 
    If the board of animal health did not have probable cause 
for an administrative action under section 11, including the 
issuance of a stop-sale or removal order, a court may allow 
recovery for damages caused by the administrative action. 

                                PENALTIES
    Sec. 13.  [35.95] [CIVIL PENALTIES.] 
    Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
subdivisions 2 and 5, a person who violates this chapter or a 
special order, standard, stipulation, agreement, or schedule of 
compliance of the board is subject to a civil penalty of up to 
$10,000 as determined by the court. 
    Subd. 2.  [WILDLIFE AND OTHER DAMAGES.] (a) A person who 
violates this chapter is liable for and must pay to the state a 
sum to constitute just compensation for the loss or destruction 
of wild animals, fish, or other aquatic life and for actual 
damages to the state. 
    (b) The amounts paid as compensation for loss or 
destruction of wildlife, fish, or other aquatic life must be 
deposited into the state treasury and credited to the game and 
fish fund. 
    Subd. 3.  [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 
defense to a civil penalty or claim for damages under 
subdivisions 1 and 2, the defendant may prove that the violation 
was caused solely by an act of God, an act of war, an act or 
failure to act that constitutes sabotage or vandalism, or a 
combination of these defenses. 
    Subd. 4.  [ACTIONS TO COMPEL PERFORMANCE.] In an action to 
compel performance of an order of the board of animal health to 
enforce this chapter, the court may require a defendant adjudged 
responsible to perform the acts within the person's power that 
are reasonably necessary to accomplish the purposes of the order.
     Subd. 5.  [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 
civil penalties and payments provided for in this section may be 
recovered by a civil action brought by the county attorney or 
the attorney general in the name of the state. 
     Subd. 6.  [RECOVERY OF LITIGATION COSTS AND EXPENSES.] In 
an action brought by the attorney general or a county attorney 
in the name of the state under this chapter for civil penalties 
or injunctive relief or in an action to compel compliance, if 
the state finally prevails, the state, in addition to other 
penalties provided in this chapter, must be allowed an amount 
determined by the court to be the reasonable value of all or a 
part of the litigation expenses including attorney fees incurred 
by the state or county attorney.  In determining the amount of 
these litigation expenses to be allowed, the court shall give 
consideration to the economic circumstances of the defendant. 
    Sec. 14.  [35.96] [CRIMINAL PENALTIES.] 
    Subdivision 1.  [GENERAL VIOLATION.] Except as provided in 
subdivisions 2 to 6, a person is guilty of a misdemeanor if the 
person violates this chapter, a rule adopted under this chapter, 
or a special order, standard, stipulation, agreement, or 
schedule of compliance of the board of animal health. 
    Subd. 2.  [VIOLATION ENDANGERING HUMANS.] A person is 
guilty of a gross misdemeanor if the person violates this 
chapter or a special order, standard, stipulation, agreement, or 
schedule of compliance of the board of animal health and the 
violation endangers humans. 
    Subd. 3.  [VIOLATION WITH KNOWLEDGE.] A person is guilty of 
a gross misdemeanor if the person knowingly violates this 
chapter or a standard, a special order, stipulation, agreement, 
or schedule of compliance of the board of animal health. 
    Subd. 4.  [BRUCELLOSIS IN CATTLE.] A person who violates a 
provision of section 35.245 relating to cattle testing, 
vaccination, and brucellosis control or a quarantine imposed by 
the board under section 35.245 is guilty of a gross misdemeanor. 
    Subd. 5.  [KILLING DISEASED ANIMALS.] A person who violates 
a provision of section 35.08 or 35.09 relating to inspection and 
killing of diseased animals is guilty of a gross misdemeanor. 
    Subd. 6.  [TRANSPORTATION OF LIVESTOCK.] A person violating 
a provision of section 35.15 or 35.16 relating to transportation 
of livestock is guilty of a gross misdemeanor, except that a 
person who fails or refuses to stop for inspection when directed 
to stop by a compliance representative is guilty of a 
misdemeanor. 
    Sec. 15.  [REPEALER.] 
    Minnesota Statutes 1986, sections 35.069; 35.15, 
subdivision 2; 35.70; 35.71, subdivision 8; and 35.72, 
subdivision 6, are repealed. 
    Sec. 16.  [EFFECTIVE DATE.] 
    This act is effective August 1, 1988. 
    Approved April 12, 1988