1997 Minnesota Statutes

     35.09 Inspection before killing; owner's indemnity. 

    Subdivision 1.    General rule.  Notwithstanding any 
 provision of this chapter to the contrary, cattle affected with 
 tuberculosis, paratuberculosis, or brucellosis may not be killed 
 for that reason until they have been inspected by a veterinarian 
 appointed by the board and are determined by the veterinarian to 
 have one of those diseases. 

    For each animal slaughtered because of tuberculosis, 
 paratuberculosis, or brucellosis, the value of the net salvage 
 of the carcass must be deducted from the appraised value of the 
 living animal.  Two-thirds of the remainder must be paid to the 
 owner by the state.  If the animal and plant health inspection 
 service of the United States Department of Agriculture 
 compensates the owner for the animal, in whole or in part, the 
 amount of the compensation received from the federal government 
 must be deducted from the amount of indemnity payable by the 
 state.  No payment may be more than $37.50 for grade animals or 
 more than $75 for a registered purebred animal, and no payment 
 may be made unless the owner has complied with all rules of the 
 board.  

    Subd. 2.    Exceptions.  The owner of an animal is 
 entitled to the indemnity provided in subdivision 1, except in 
 the following cases: 

    (1) steers; 

    (2) animals which have not been kept in good faith for one 
 year or since their birth in the state; 

    (3) animals brought into the state, contrary to law or 
 rules of the board; 

    (4) animals diseased on arrival in the state; 

    (5) animals belonging to the United States; 

    (6) animals belonging to institutions maintained by the 
 state, a county, or a municipality; 

    (7) animals which the owner or claimant knew or should have 
 known were diseased at the time they were acquired; 

    (8) animals exposed to brucellosis through the owner's 
 negligence; 

    (9) animals which have been injected with brucellosis 
 vaccine, bacterin, or other preparations made from or through 
 the agency of Brucella Microorganisms unless it was done in 
 compliance with the rules of the board; 

    (10) animals belonging to a person who has received 
 indemnity as a result of a former inspection or tests and has 
 then introduced into the same herd any animals which have not 
 passed the tuberculin or brucellosis test; 

    (11) animals if the owner, agent, or person in possession 
 of them has not complied with the rules of the board with 
 respect to condemned animals; 

    (12) condemned animals which are not destroyed within 15 
 days after the date of appraisal, or for which the owner refuses 
 to sign the appraisal or report of the members of the appraisal 
 board, except that in extraordinary circumstances and in 
 meritorious cases and at the discretion of the executive 
 secretary of the board the time limit of 15 days may be extended 
 an additional 15 days if the owner receives permission from the 
 executive secretary within 15 days of the date of appraisal; 

    (13) livestock affected with tuberculosis, 
 paratuberculosis, or brucellosis unless the entire herd of which 
 the affected livestock is a part, or from which the affected 
 livestock has originated, is examined and tested under the 
 supervision of the board, in order to determine if they are free 
 from the disease; 

    (14) livestock affected with tuberculosis, 
 paratuberculosis, or brucellosis unless the owner has carried 
 out the instructions of the board relating to cleaning, 
 disinfection, and rendering the stables and premises in a 
 sanitary condition within 15 days of the time of removal of the 
 animals from the premises, except when, because of inclement 
 weather or other extenuating circumstances, the time is extended 
 by the executive secretary of the board; 

    (15) livestock affected with tuberculosis, 
 paratuberculosis, or brucellosis, if the owner has fed milk or 
 milk products derived from creameries which was not pasteurized 
 as required by state laws; and 

    (16) animals owned by a nonresident if neither the owner 
 nor the owner's agent breed livestock in Minnesota.  

    If, at any time, the annual appropriation for payment of 
 indemnities becomes exhausted as a result of condemnation and 
 slaughter of animals, the board shall discontinue making further 
 official tests or authorizing tests unless an owner signs a 
 waiver on blanks furnished by the board of payment of indemnity 
 for any animals that may be condemned as the result of a test 
 and inspection which releases the state from any obligation to 
 pay indemnity from any future appropriation. 

    Subd. 2a.    Nonreactors; cattle ineligible for test.  
 The board may condemn and appraise nonreactors to the 
 brucellosis test and exposed cattle not eligible to be tested 
 from herds affected with brucellosis and may pay the owner the 
 difference between the appraisal value and the salvage value up 
 to $300 for grade animals or $600 for purebred registered 
 animals if the board through its executive secretary has 
 determined according to criteria adopted by the board that herd 
 depopulation is essential to the goal of bovine brucellosis 
 eradication.  Indemnity payable by the state must be reduced by 
 the amount paid by the United States Department of Agriculture.  
 No indemnity may be paid for steers. 

    Subd. 3.    Emergencies.  When it is determined by the 
 board that it is necessary to eradicate any dangerous, 
 infectious, communicable disease among domestic animals in the 
 state, the presence of which constitutes an emergency declared 
 by resolution of the board or by the United States Department of 
 Agriculture, the board may take reasonable and necessary steps 
 to suppress and eradicate the disease.  If the emergency is 
 declared by the United States Department of Agriculture, the 
 board may cooperate with the animal and plant health inspection 
 service of the United States Department of Agriculture in the 
 suppression and eradication of the disease. 

    When an emergency has been declared, the board may appraise 
 and destroy animals affected with, or which have been exposed to 
 the disease, and appraise and destroy property in order to 
 remove the infection and complete the cleaning and disinfection 
 of the premises, and do any act and incur any other expense 
 reasonably necessary to suppress the disease.  The board may 
 accept, on behalf of the state, the rules adopted by the animal 
 and plant health inspection service of the United States 
 Department of Agriculture pertaining to the disease, authorized 
 under an act of Congress, or the portion of the regulations 
 deemed necessary, suitable, or applicable, and cooperate with 
 the animal and plant health inspection service of the United 
 States Department of Agriculture, in the enforcement of those 
 rules.  Alternatively, the board may follow the procedure only 
 as to quarantine, inspection, condemnation, appraisal, 
 destruction, burial of animals, disinfection, or other acts the 
 board considers reasonably necessary for the suppression of the 
 disease, as agreed upon and adopted by the board and 
 representatives or authorized agents of the animal and plant 
 health inspection service of the United States Department of 
 Agriculture.  If the procedures have been followed under an 
 emergency declared by the United States Department of 
 Agriculture, the total expense must be shared equally between 
 the state and federal governments. 

    Appraisals of animals affected with, or exposed to, the 
 disease, or contact animals, or property destroyed in order to 
 remove the infection and complete the cleaning and disinfection 
 of premises where the animals are found, must be made by an 
 appraisal board consisting of a representative of the board, a 
 representative of the animal and plant health inspection service 
 of the United States Department of Agriculture, and the owner of 
 the animals or the owner's representative.  Appraisals must be 
 in writing and signed by the appraisers, and must be made at the 
 true market value of all animals and property appraised. 

    Upon destruction of animals or property, or both, and 
 burial or other disposition of the carcasses of the animals in 
 accordance with the law and rules of the board and the animal 
 and plant health inspection service of the United States 
 Department of Agriculture, and the completion of the cleaning 
 and disinfection of the premises, the board shall certify the 
 appraisal to the commissioner of finance, who shall draw a 
 warrant on the state treasurer for the proper amount payable to 
 the owner.  If the appraisal is made in respect to animals or 
 other property destroyed under an emergency declared by the 
 United States Department of Agriculture, the commissioner of 
 finance shall draw a warrant on the state treasurer for one-half 
 of the amount of the appraisal payable to the owner, and the 
 remaining one-half of the appraisal must be paid by the federal 
 government under the cooperative arrangement.  If the disease is 
 of a nature that any part of the carcasses of the diseased or 
 exposed animals may be salvaged for human food or other 
 purposes, the net amount of the salvage paid to the owner must 
 be deducted from the appraisal, and the remainder must be paid 
 to the owner by the state or by the state and federal government 
 pursuant to this section. 

    HIST: (5403) RL s 2161; 1921 c 485 s 2; 1923 c 319 s 1; 1925 c 
 230 s 2; 1939 c 171 s 2; 1941 c 67 s 1; 1945 c 328 s 2; 1953 c 
 223 s 1; 1965 c 472 s 2,3; 1973 c 492 s 14; 1976 c 227 s 1,2; 
 1980 c 467 s 10; 1985 c 248 s 10; 1985 c 265 art 1 s 1; art 12 s 
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