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1721.0010 DEFINITIONS.

Subpart 1.

Scope.

For the purposes of this chapter, the terms in this part have the meanings given them.

Subp. 2.

Accredited veterinarian.

"Accredited veterinarian" means a veterinarian approved by the Animal and Plant Health Inspection Service, Veterinary Services, United States Department of Agriculture, or its successor, to perform functions required by cooperative state-federal disease control and eradication programs.

Subp. 3.

APHIS.

"APHIS" means the Animal and Plant Health Inspection Service, a division of the United States Department of Agriculture.

Subp. 4.

Baby poultry.

"Baby poultry" means newly hatched poultry that have not been fed or watered.

Subp. 5.

Board.

"Board" means the Board of Animal Health or its authorized agents.

Subp. 6.

Breeding cattle.

"Breeding cattle" means all cattle except:

A.

heifers of beef breed less than 18 months of age maintained for feeding purposes;

B.

bulls under ten months of age maintained for feeding purposes; and

C.

steers and spayed heifers.

Subp. 7.

Breeding swine.

"Breeding swine" means swine of any age that are maintained for the purpose of producing offspring, including all intact boars and sows.

Subp. 8.

Buying station.

"Buying station" means a stockyard or concentration point, other than a public stockyard, at which livestock are bought and sold or assembled for shipment to a packing plant or a public stockyard, or graded or weighed for the purpose of establishing a basis for sale or reshipment.

Subp. 9.

Cattle.

"Cattle" means both bison and cattle.

Subp. 10.

Certificate of veterinary inspection.

"Certificate of veterinary inspection" means a certificate issued by an accredited veterinarian on a form approved by the board for movement of animals.

Subp. 11.

Cervidae.

"Cervidae" means animals that are members of the family Cervidae and includes, but is not limited to, white-tailed deer, mule deer, red deer, elk, moose, caribou, reindeer, and muntjac.

Subp. 12.

Chicken.

A "chicken" is a bird of the order Galliformes genus Gallus raised in captivity.

Subp. 13.

Commingled animals.

"Commingled animals" means animals that have direct contact with each other or share equipment, pasture, or water.

Subp. 14.

Community sales.

"Community sales" means the public sale of livestock or poultry for purposes other than immediate slaughter, from any location in Minnesota where two or more persons who own livestock offer the livestock for public sale. "Community sales" includes regularly scheduled livestock auction markets, consignment sales of livestock, and street markets of livestock.

Subp. 15.

Compendium.

"Compendium" means the Compendium of Animal Rabies Prevention and Control 2011 and subsequent revisions and is incorporated by reference. The compendium is written and published by the National Association of State Public Health Veterinarians. The compendium is reviewed and revised frequently and serves as a basis for animal rabies prevention and control programs throughout the United States. A current version of the document is readily available through the Internet at http://www.nasphv.org or from the board upon request.

Subp. 16.

Currently vaccinated for rabies.

"Currently vaccinated for rabies" means an animal is:

A.

vaccinated for rabies in accordance with these rules and the Compendium; and

B.

not overdue for a rabies booster vaccination as recommended in Part III of the Compendium, and the proof of rabies vaccination is available.

Subp. 17.

Dealer.

"Dealer" means a person, including a packing company, engaged in the business of buying or selling livestock on a regular basis for the person's own account or for the account of others. "Dealer" does not include a person or persons engaged in the business of farming when purchasing livestock for breeding or herd replacement purposes or feeding programs or when selling the livestock that person has owned and raised, fed out, or fattened for slaughter in that person's specific farming program.

Subp. 18.

Deer.

"Deer" means all ruminant mammals forming the family Cervidae.

Subp. 19.

Disease control zone.

"Disease control zone" means a geographic area where the movement of animals into, within, and out of the zone is restricted to prevent the spread of disease.

Subp. 20.

Exhibition.

"Exhibition" means bringing livestock or poultry owned by two or more persons to one location in Minnesota for judging or for display to the public, except when there is only one animal of each species exhibited.

Subp. 21.

Feeder swine.

"Feeder swine" means immature swine that are bought, sold, loaned, or leased for feeding rather than breeding purposes until sold to slaughter. Feeder swine does not include postparturient sows or intact boars.

Subp. 22.

Feral swine.

"Feral swine" means swine that live in the wild.

Subp. 23.

Game birds.

"Game birds" means any of a diverse group of birds that includes, but is not limited to, pheasants, partridge, quail, guinea fowl, and grouse raised in captivity.

Subp. 24.

Hatching eggs.

"Hatching eggs" means fertilized eggs produced for the purpose of incubating and hatching baby poultry.

Subp. 25.

Herd.

"Herd" means a group of animals maintained on common ground for any purpose, or two or more groups of animals under common ownership or supervision, geographically separated, but which have an interchange or movement of animals without regard to whether the animals are infected with or exposed to disease. If a herd owner receives animals from or moves animals to an entity in which the herd owner has a material ownership interest, the entity must be considered part of the herd owner's herd for purposes of animal movement.

Subp. 26.

Horse.

"Horse" means an animal that is a member of the family Equidae including, but not limited to, horses, asses, mules, ponies, donkeys, burros, and zebras.

Subp. 27.

Isolation.

"Isolation" means maintenance of animals in a manner that will ensure that the animals have no physical contact with other domestic animals on the premises and all drainage of organic waste from the animal is handled to prevent it from having contact with any other animals.

Subp. 28.

Live bird market.

"Live bird market" means a slaughter establishment at which live poultry are gathered, kept, sold, and subsequently slaughtered on site.

Subp. 29.

Official back tag.

"Official back tag" means a back tag that has been approved by the USDA or the board for identifying livestock moving through slaughter channels.

Subp. 30.

Official ear tag.

"Official ear tag" means an ear tag that has been approved by the board for official identification in a particular species.

Subp. 31.

Official identification.

"Official identification" means identification of livestock in a manner approved by the board.

Subp. 32.

Official laboratory.

"Official laboratory" means a laboratory authorized by the board to test livestock.

Subp. 33.

Owner.

"Owner" means a person or entity that owns or is responsible for an animal.

Subp. 34.

Poultry.

"Poultry" means livestock that are turkeys, chickens, waterfowl, and game birds raised in captivity, excluding pigeons and doves.

Subp. 35.

Premises.

"Premises" means a distinct tract of land including buildings and other appurtenances located on the land.

Subp. 36.

Ratites.

"Ratites" means any of a diverse group of large flightless birds that have no keel on their sternum and includes, but is not limited to, ostriches, emus, rheas, and cassowaries, raised in captivity.

Subp. 37.

Reportable animal diseases.

"Reportable animal disease" means a disease included on the board's list of reportable animal diseases.

Subp. 38.

Slaughter animals.

"Slaughter animals" means animals in channels of trade moving to a recognized slaughtering establishment with no diversion to farm, ranch, or other location.

Subp. 39.

Slaughter-only classes.

"Slaughter-only classes" means livestock or poultry exhibition classes in which all animals from the class will be moved directly to slaughter from the exhibition premises and the entire class is kept isolated in a separate building from other livestock and poultry at the exhibition.

Subp. 40.

Slaughter-only handling facility.

"Slaughter-only handling facility" means a premises that has been permitted by the board in accordance with part 1721.0104 to receive and handle cattle that will be released only to a slaughtering establishment under federal inspection.

Subp. 41.

State-approved livestock market.

"State-approved livestock market" means a designated premises that has been approved and permitted by the board to conduct regularly scheduled livestock sales in Minnesota.

Subp. 42.

State-federal approved livestock market.

"State-federal approved livestock market" means a designated premises approved by the board and the USDA to conduct regularly scheduled livestock sales in accordance with Code of Federal Regulations, title 9, part 71.

Subp. 43.

Street market.

"Street market" means a place where livestock owned by two or more persons are offered for sale to the public without unloading the livestock from the transporting vehicles prior to completion of the sale.

Subp. 44.

Swine.

"Swine" means animals that are members of the genus and species Sus scrofa. The terms swine, pigs, and hogs may be used interchangeably and all refer to swine as defined.

Subp. 45.

Turkeys.

"Turkeys" are domesticated birds of the order Galliformes genus Meleagris raised in captivity.

Subp. 46.

USDA.

"USDA" means the United States Department of Agriculture.

Subp. 47.

Waterfowl.

"Waterfowl" are birds of the order Anseriformes raised in captivity.

Statutory Authority:

MS s 35.03

History:

37 SR 1396

Published Electronically:

April 4, 2013

Official Publication of the State of Minnesota
Revisor of Statutes