2006 Minnesota Statutes

CHAPTER 35. ANIMAL HEALTH

35.01 DEFINITIONS.
    Subdivision 1. Scope. Unless the language or context clearly indicates that a different
meaning is intended, the words defined in this section as used in this chapter have the meanings
given them.
    Subd. 2. Board; state board. "Board" or "state board" means the Board of Animal Health.
    Subd. 3.MS 1978 [Repealed, 1980 c 467 s 44]
    Subd. 3. Livestock, domestic animals. "Livestock" and "domestic animals" include poultry.
    Subd. 4.MS 1978 [Repealed, 1980 c 467 s 44]
    Subd. 4.MS 1994 [Repealed, 1996 c 310 s 1; 1997 c 7 art 1 s 171]
    Subd. 5.[Repealed, 1980 c 467 s 44]
    Subd. 6.[Repealed, 1980 c 467 s 44]
    Subd. 7.[Repealed, 1980 c 467 s 44]
    Subd. 8.[Renumbered subd 3]
History: (5395, 5433) RL s 2155; 1913 c 160 s 1; 1923 c 112 s 2; 1953 c 98 s 1; 1957 c 113
s 1; 1980 c 467 s 1,2; 1985 c 265 art 1 s 1; 1997 c 7 art 1 s 15

35.02 BOARD OF ANIMAL HEALTH.
    Subdivision 1. Members; officers. The board has five members appointed by the governor
with the advice and consent of the senate, three of whom are producers of livestock in the state,
and two of whom are practicing veterinarians licensed in Minnesota. The dean of the College of
Veterinary Medicine and the director of the Veterinary Diagnostic Laboratory of the University of
Minnesota may serve as consultants to the board without vote. Appointments to fill unexpired
terms must be made from the classes to which the retiring members belong. The board shall
elect a president and a vice-president from among its members and a veterinarian licensed in
Minnesota who is not a member to be its executive director for a term of one year and until a
successor qualifies. The board shall set the duties of the director.
    Subd. 2. Terms; compensation; removal; vacancies. The membership terms, compensation,
removal of members, and filling of vacancies on the board are governed by section 15.0575.
History: (53-43, 5395) RL s 2155; 1913 c 160 s 1; 1925 c 426 art 16 s 1; 1951 c 713
s 5; 1959 c 23 s 1; 1976 c 134 s 13; 1980 c 467 s 3; 1985 c 265 art 1 s 1; 1999 c 231 s 69;
1Sp2005 c 1 art 1 s 62

35.03 POWERS, DUTIES, AND REPORTS.
The board shall protect the health of Minnesota domestic animals and carry out the
provisions of this chapter. The board shall make rules necessary to protect the health of domestic
animals. The board shall meet at least quarterly. Officers must be elected each April. On or before
November 1 of each year the board shall publish an annual report. The University of Minnesota
Veterinary Diagnostic Laboratory is the official laboratory for the board. At least quarterly, the
director of the Veterinary Diagnostic Laboratory must report on the laboratory's activities.
History: (5396) RL s 2156; 1955 c 847 s 3; 1980 c 467 s 4; 1985 c 100 s 1; 1985 c 265
art 1 s 1; art 12 s 1; 1Sp2005 c 1 art 1 s 63

35.04 [Repealed, 1Sp2001 c 2 s 162]

35.05 AUTHORITY OF STATE BOARD.
(a) The state board may quarantine or kill any domestic animal infected with, or which has
been exposed to, a contagious or infectious dangerous disease if it is necessary to protect the
health of the domestic animals of the state.
(b) The board may regulate or prohibit the arrival in and departure from the state of infected
or exposed animals and, in case of violation of any rule or prohibition, may detain any animal
at its owner's expense. The board may regulate or prohibit the importation of domestic animals
which, in its opinion, may injure the health of Minnesota livestock.
(c) When the governor declares an emergency under section 35.0661, the board, through its
executive director, may assume control of such resources within the University of Minnesota's
Veterinary Diagnostic Laboratory as necessary to effectively address the disease outbreak. The
director of the laboratory and other laboratory personnel must cooperate fully in performing
necessary functions related to the outbreak or threatened outbreak.
(d) The board may test or require tests of any bovine or cervidae in the state when the board
deems it necessary to achieve or maintain bovine tuberculosis accredited free state or zone status
under the regulations and laws administered by the United States Department of Agriculture.
History: (5398) RL s 2158; 1980 c 467 s 5; 1985 c 100 s 2; 1985 c 265 art 1 s 1; 1999 c 231
s 71; 1Sp2005 c 1 art 1 s 64; 2006 c 282 art 9 s 5

35.051 EPHEDRINE AND PSEUDOEPHEDRINE PRODUCTS.
    Subdivision 1. Prescription required. Drugs and products for any species of animal that
contain ephedrine or pseudoephedrine require a written prescription from a veterinarian to be sold
or distributed for lay use.
    Subd. 2. Sale and purchase restrictions. A drug or product for any species of animal
containing ephedrine or pseudoephedrine may only be dispensed, sold, or distributed by a
veterinarian or a veterinary assistant under the supervision or direction of a veterinarian. A person
who is not a veterinarian may not purchase a drug or product for animal consumption containing
ephedrine or pseudoephedrine without a prescription.
History: 2005 c 136 art 7 s 1

35.06 REPORTING DISEASE; COMPELLING TESTIMONY.
A person who knows or reasonably suspects that a contagious or infectious disease exists in
a domestic animal shall immediately notify the board. The board, or any member or authorized
agent of the board, may examine under oath all persons believed to have knowledge of the
existence or threat of disease among domestic animals and, for this purpose, may take depositions
and compel witnesses to attend and testify.
History: (5399) RL s 2159; 1980 c 467 s 6; 1985 c 265 art 1 s 1

35.063 QUARANTINE MAINTAINED.
The board may establish and maintain, at the owner's expense, a quarantine of domestic
animals imported into the state when, in its judgment, a quarantine is necessary to protect the
health of Minnesota domestic animals. The quarantine must specify its terms, conditions, scope,
and application.
History: (5460-17) 1933 c 33 s 1; 1980 c 467 s 7; 1985 c 265 art 1 s 1

35.065 MAY NOT BREAK QUARANTINE.
It is unlawful for the owner or the person having the custody or control of domestic animals
subject to a quarantine to remove any of them from their first location within the state after the
interstate shipment or transportation is completed until they are released by authority of the board.
History: (5460-18) 1933 c 33 s 2; 1980 c 467 s 8; 1985 c 265 art 1 s 1

35.0661 TEMPORARY EMERGENCY RESTRICTIONS ON MOVEMENT OF PEOPLE,
LIVESTOCK, MACHINERY, AND OTHER PERSONAL PROPERTY.
    Subdivision 1. Disastrous animal disease outbreaks; declaration of emergency. (a) If
the board determines that a confirmed case of a disease in this state presents a substantial and
imminent threat to the state's domestic animal population, it shall certify the case to the governor.
After receiving certification from the board, the governor may declare an emergency under this
section for purposes of allowing the board to establish quarantine zones of control to protect
the health of domestic animals from animal diseases of potentially disastrous proportions. The
governor may declare an emergency under this section without declaring a peacetime emergency
under section 12.31. A declaration under this section may specify that it applies to all or certain
units of state or local government, must specify the time period for which it applies, and must be
filed with the secretary of state. This section is in addition to and does not limit authority granted
to the governor or local government officials by chapter 12 or other law.
(b) The board may meet by electronic means without violating state open meeting laws for
the purpose of declaring that a confirmed case of a disease in this state presents a substantial and
imminent threat to the state's domestic animal population. If the board meets by electronic means
for this purpose, it shall comply with the emergency meeting notice provisions of section 13D.04,
subdivision 3 , and, to the fullest extent possible, provide public and media access to the meeting.
    Subd. 2. Quarantine zones. Upon an emergency declaration by the governor under
subdivision 1, the board or any licensed veterinarian designated by the board may establish
quarantine zones of control in any area where a specific animal is deemed by a licensed
veterinarian as likely to be infected with the disease based on an actual veterinary examination or
laboratory testing. Quarantine zones of control must be the smallest size practicable to prevent the
spread of disease and must exist for the shortest duration consistent with effective disease control.
A quarantine zone of control must not extend beyond a radius of three miles from an animal
deemed as likely to be infected with the disease, unless the board has adopted a rule regarding a
specific disease requiring a larger quarantine zone of control.
    Subd. 3. Restrictions on movement out of quarantine zones. (a) The board may issue
orders restricting the movement of persons, livestock, machinery, and personal property out of
zones designated by the board as quarantined under subdivision 2. The executive director of the
board or any licensed veterinarian designated by the board may issue the orders. An order may be
issued upon a determination that reasonable cause exists to believe that the movement of persons
or personal property out of a quarantine zone will reasonably threaten to transport a dangerous,
infectious, or communicable disease outside of the quarantine zone.
(b) The order must be served upon any person subject to the order. The restrictions sought by
the board on movement out of a quarantine zone must be limited to the greatest extent possible
consistent with the paramount disease control objectives as determined by the board. An order
under this section may be served on any day at any time. The order must include a notice of
the person's rights under this section, including the ability to enter into an agreement to abide
by disease control measures under paragraph (c) and the right to request a court hearing under
paragraph (d).
(c) No person may be restricted by an order under this subdivision for longer than 72 hours,
exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to abide by the
disease control measures established by the board. The person shall sign an acknowledgment
form prepared by the board evidencing the person's agreement to abide by the disease control
measures established by the board.
(d) A person whose movements are restricted by an order under this subdivision may seek a
district court hearing on the order at any time after it is served on the person. The hearing may be
held by electronic means as soon as possible. The subject of the order may:
(1) contest imposition of the order on grounds that it is an abuse of the board's discretion
under this section; or
(2) seek a variance from it to allow movement of a person inconsistent with the order, upon a
showing that the person would otherwise suffer irreparable harm.
    Subd. 4.[Repealed, 1Sp2005 c 1 art 1 s 98]
History: 2001 c 192 s 1; 2003 c 107 s 25

35.0662 TEMPORARY EMERGENCY RESTRICTIONS HEARING.
    Subdivision 1. Grounds. If the board determines that a person is not reasonably likely to
abide by the disease control measures established by the board, the board may request a court
hearing to determine if the emergency temporary restrictions should continue. The court shall
schedule the hearing as expeditiously as possible. When the board requests a court hearing under
this section, restrictions under section 35.0661, subdivision 3, continue to apply to the person
until the court has held the temporary emergency restrictions hearing and issues an order.
    Subd. 2. Time of notice. If the board requests a court hearing pursuant to this section,
notice of the hearing must be served upon the person or persons to be restricted at least 24
hours before the hearing.
    Subd. 3. Contents of notice. The notice must contain the following information:
(1) the time, date, and place of the hearing;
(2) the grounds and underlying facts upon which continued restrictions are sought;
(3) the person's right to appear by electronic means at the hearing and the right to have a
representative appear in person at the hearing;
(4) the person's right to present and cross-examine witnesses; and
(5) the person's right to counsel, including the right, if the person is indigent, to representation
by counsel designated by the court or county of venue.
    Subd. 4. Order for continued temporary restrictions. The court may order the continued
restriction on the movement of the person if it finds, by a preponderance of the evidence, that
travel outside of the quarantine zone by the person would pose an imminent threat of transporting
a dangerous, infectious, or communicable disease outside of the boundaries of the quarantine
zone. If the person agrees to sign and comply with the acknowledgment form referred to in section
35.0661, subdivision 3, the temporary restrictions must not continue longer than 30 days. If the
person refuses to sign and comply with the acknowledgment form, the temporary restrictions may
continue for a longer time specified by the court. Refusal by the person to sign and comply with
the acknowledgment form constitutes a knowing violation of section 35.0661 and subjects the
person to the penalties specified in section 35.96.
History: 2001 c 192 s 2

35.067 [Repealed, 1Sp1986 c 3 art 1 s 5]

35.069 [Repealed, 1988 c 485 s 15]

35.07 [Repealed, 1980 c 467 s 44]

35.08 KILLING OF DISEASED ANIMALS.
If the board decides upon the killing of an animal affected with tuberculosis, paratuberculosis,
or brucellosis, it shall notify the animal's owner or keeper of the decision. If the board, through
its executive director, orders that an animal may be transported for immediate slaughter to any
abattoir where the Meat Inspection Division of the United States Department of Agriculture
maintains inspection, or where the Animal and Plant Health Inspection Service of the United
States Department of Agriculture or the board establishes field postmortem inspection, the owner
must receive the value of the net salvage of the carcass.
Before the animal is removed from the premises of the owner, the representative or
authorized agent of the board must agree with the owner in writing as to the value of the animal. In
the absence of an agreement, three competent, disinterested persons, one appointed by the board,
one by the owner, and a third by the first two, shall appraise the animal at its full replacement cost
taking into consideration the purpose and use of the animal.
The appraisement made under this section must be in writing, signed by the appraisers, and
certified by the board to the commissioner of finance, who shall draw a warrant for the amount
due the owner.
History: (5402) RL s 2160; 1905 c 115; 1909 c 401; 1913 c 148 s 1; 1915 c 114 s 1; 1921
c 485 s 1; 1925 c 230 s 1; 1929 c 35 s 1; 1935 c 32; 1939 c 171 s 1; 1945 c 328 s 1; 1965 c
472 s 1; 1973 c 492 s 14; 1974 c 161 s 2; 1980 c 467 s 9; 1985 c 265 art 1 s 1; 1999 c 231
s 72; 2003 c 112 art 2 s 5

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 director of the board the time limit of 15 days may be extended an additional 15 days if
the owner receives permission from the executive director 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 director 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 director 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, 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 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 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.
History: (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 1; 1999 c 231 s
73,74; 2001 c 192 s 3,4; 2003 c 112 art 2 s 6,50

35.10 INDEMNITY SUBJECT TO LIEN OR MORTGAGE ON ANIMALS.
If an animal is condemned and killed by the state pursuant to law, indemnity is provided,
the animal is subject to a mortgage or other lien, and written notice of the lien is given by the
lienholder to the board or officer whose duty it is to order payment of the indemnity before the
indemnity is ordered paid, then the lien attaches to the indemnity to the same extent it attached to
the animal and the indemnity is payable to the owner and the lienholder.
If the owner and lienholder execute and deliver to the board or officer, on blanks furnished
by the board or officer, a written agreement providing for the distribution and payment of an
indemnity, payment must be made as specified and directed in the agreement, a copy of which
must be transmitted by the board or officer to the officer by whom payment is to be made;
otherwise the indemnity must be placed in the custody of the district court of the county in
which the animal was condemned, in the manner provided by the Rules of Civil Procedure for
the deposit of money claimed adversely by two or more persons, and the state is relieved from
further liability for the indemnity.
History: (5403-3) 1927 c 274; 1969 c 6 s 2; 1980 c 467 s 11; 1985 c 265 art 1 s 1

35.11 EXPENSES OF AUTOPSIES AND APPRAISALS.
The expense of autopsies and appraisals must be defrayed by the state, except that in cases of
protest where the animal is found infected, the charges of the expert appointed by the owner shall
be paid by the owner. The compensation of experts and appraisers must be fixed by the board,
which must approve before payment all claims made under this chapter. No employee of the
board may receive any fee for acting as an expert or appraiser.
History: (5404) RL s 2162; 1980 c 467 s 12; 1985 c 265 art 1 s 1

35.12 EXPENSES OF KILLING, BURIAL, AND QUARANTINE; LIEN.
The expense of killing and burial or destruction of a diseased animal, if the killing was
ordered by the board, must be borne by the board. The expense of quarantine, if the animal is
taken from the possession of its owner, must be defrayed by the state. If a quarantined animal is
left upon the premises of its owner or keeper, that person shall bear the expense. If an animal is
quarantined while being shipped into the state, the expense must be borne by the owner or keeper.
If the owner or keeper of any animal becomes liable for an expense incurred by the board under
this chapter, the board has a lien on the animal and may also maintain an action for the amount.
History: (5405) RL s 2163; 1980 c 467 s 13; 1985 c 265 art 1 s 1

35.13 ENTRY TO PREMISES FORBIDDEN.
During the prevalence among domestic animals of any of the diseases referred to in this
chapter, any owner or keeper of these animals may post upon the premises a notice forbidding
all persons to enter any building or enclosure in which animals are kept. No person may then
enter, except a member or agent of the board.
History: (5406) RL s 2164; 1980 c 467 s 14; 1985 c 265 art 1 s 1

35.131 [Repealed, 1980 c 467 s 44]

35.132 [Repealed, 1980 c 467 s 44]

35.133 [Repealed, 1980 c 467 s 44]

35.134 [Repealed, 1980 c 467 s 44]

35.135 [Repealed, 1980 c 467 s 44]

35.136 [Repealed, 1980 c 467 s 44]

35.137 [Repealed, 1980 c 467 s 44]

35.14 [Repealed, 1Sp2001 c 2 s 162]

35.15 TRANSPORTATION OF LIVESTOCK; COMPLIANCE WITH RULES.
    Subdivision 1. Importation of animals and poultry. Animals or poultry may not be
brought into the state for work, feeding, breeding, dairy purposes, or sale except in compliance
with the rules of the board.
    Subd. 2.[Repealed, 1988 c 485 s 15]
History: (5409) 1907 c 355 s 1; 1935 c 31 s 1; 1965 c 40 s 1; 1965 c 91 s 1; 1980 c 467 s
15; 1981 c 37 s 2; 1985 c 265 art 1 s 1

35.153 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to section 17.452, this
section, and section 35.155.
    Subd. 2. 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.
    Subd. 3. Farmed cervidae. "Farmed cervidae" means cervidae that are:
(1) raised for any purpose; and
(2) registered in a manner approved by the Board of Animal Health.
    Subd. 4. Owner. "Owner" means a person who owns or is responsible for the raising
of farmed cervidae.
    Subd. 5. Herd. "Herd" means all cervidae:
(1) maintained on common ground for any purpose; or
(2) under common ownership or supervision, geographically separated, but that have an
interchange or movement of animals without regard to whether the animals are infected with or
exposed to diseases.
History: 1Sp2005 c 1 art 1 s 65

35.155 FARMED CERVIDAE.
    Subdivision 1. Running at large prohibited. (a) An owner may not allow farmed cervidae
to run at large. The owner must make all reasonable efforts to return escaped farmed cervidae
to their enclosures as soon as possible. The owner must notify the commissioner of natural
resources of the escape of farmed cervidae if the farmed cervidae are not returned or captured
by the owner within 24 hours of their escape.
(b) An owner is liable for expenses of another person in capturing, caring for, and returning
farmed cervidae that have left their enclosures if the person capturing the farmed cervidae
contacts the owner as soon as possible.
(c) If an owner is unwilling or unable to capture escaped farmed cervidae, the commissioner
of natural resources may destroy the escaped farmed cervidae. The commissioner of natural
resources must allow the owner to attempt to capture the escaped farmed cervidae prior to
destroying the farmed cervidae. Farmed cervidae that are not captured by 24 hours after escape
may be destroyed.
    Subd. 2. Wild cervidae inside confinement area. An owner or an employee or agent under
the direction of the owner must destroy wild cervidae found within the owner's farmed cervidae
confinement area. The owner, employee, or agent must report the wild cervidae destroyed to a
conservation officer or an employee of the Department of Natural Resources, Division of Wildlife,
within 24 hours. The wild cervidae must be disposed of as prescribed by the commissioner
of natural resources.
    Subd. 3. Farming in native elk area. A person may not raise farmed red deer in the native
elk area without written approval of the commissioner of natural resources. The native elk area
is the area north of U.S. Highway 2 and west of U.S. Highway 71 and Trunk Highway 72. The
commissioner of natural resources shall review the proposed farming operation and approve with
any condition or deny approval based on risks to the native elk population.
    Subd. 4. Fencing. Farmed cervidae must be confined in a manner designed to prevent escape.
All perimeter fences for farmed cervidae must be at 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.
    Subd. 5. Disease control programs. Farmed cervidae are subject to this chapter and the
rules of the Board of Animal Health in the same manner as other livestock and domestic animals,
including provisions related to importation and transportation.
    Subd. 6. Identification. (a) Farmed cervidae must be identified by means approved by the
Board of Animal Health. The identification must be visible to the naked eye during daylight
under normal conditions at a distance of 50 yards. Newborn animals must be identified before
December 31 of the year in which the animal is born or before movement from the premises,
whichever occurs first.
(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 shall 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.
    Subd. 7. Inspection. The commissioner of agriculture and the Board of Animal Health may
inspect farmed cervidae, farmed cervidae facilities, and farmed cervidae records. For each 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
Health, up to a maximum fee of $100. 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.
    Subd. 8. Cervidae inspection account. A cervidae inspection account is established in the
state treasury. The fees collected under this section and interest attributable to money in the
account must be deposited in the state treasury and credited to the cervidae inspection account in
the special revenue fund. Money in the account, including interest earned, is appropriated to the
Board of Animal Health for the administration and enforcement of this section.
    Subd. 9. Contested case hearing. A person raising farmed cervidae that is aggrieved with
any decision regarding the farmed cervidae may request a contested case hearing under chapter 14.
    Subd. 10. Mandatory registration. A 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.
    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 16 months of age that die or are
slaughtered must be tested for chronic wasting disease.
    Subd. 12. Importation. A person must not import cervidae into the state from a herd that is
infected or exposed to chronic wasting disease or from a known chronic wasting disease endemic
area, as determined by the board. A person may import cervidae into the state only from a herd
that is not in a known chronic wasting disease endemic area, as determined by the board, and
the herd has been subject to a state or provincial approved chronic wasting disease monitoring
program for at least three years. Cervidae imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.
    Subd. 13. Rules. The Board of Animal Health shall adopt rules as necessary to implement
this section and to otherwise provide for the control of cervidae diseases.
History: 2002 c 373 s 22; 2003 c 128 art 3 s 34; 1Sp2005 c 1 art 1 s 66

35.16 TRANSPORTATION COMPANIES TO HOLD LIVESTOCK AND POULTRY.
If rules of the board have not been complied with, transportation companies shall notify the
board and shall hold the animals or poultry at the first station within Minnesota where there are
suitable facilities for holding animals or poultry for inspection by the board. The inspection must
be at the owner's expense.
History: (5410) 1907 c 355 s 2; 1935 c 31 s 2; 1980 c 467 s 16; 1985 c 265 art 1 s 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.
History: 1988 c 485 s 1

35.17 [Repealed, 1980 c 467 s 44]

35.18 [Repealed, 1980 c 467 s 44]

35.19 [Repealed, 1980 c 467 s 44]

35.20 [Repealed, 1980 c 467 s 44]

35.21 [Repealed, 1980 c 467 s 44]

35.22 [Repealed, 1980 c 467 s 44]

35.23 [Repealed, 1980 c 467 s 44]

35.24 [Repealed, 1980 c 467 s 44]

35.243 RULES FOR CONTROL OF BRUCELLOSIS IN CATTLE.
The Board of Animal Health shall adopt rules to provide for the control of brucellosis in
cattle. The rules may include provisions for quarantine, tests, and vaccinations, and such other
measures as the board deems appropriate.
History: 1992 c 433 s 1

35.245 [Repealed, 1999 c 231 s 207]

35.25 [Repealed, 1980 c 467 s 44]

35.251 [Repealed, 2003 c 107 s 32]

35.255 PSEUDORABIES PROGRAM RULES.
The Board of Animal Health shall adopt rules to implement a program to control
pseudorabies in swine, including pseudorabies testing of breeding swine and restricted movement
of feeder pigs.
History: 1983 c 367 s 1; 1985 c 265 art 1 s 1

35.26 [Repealed, 1980 c 467 s 44]

35.27 [Repealed, 1980 c 467 s 44]

35.28 [Repealed, 1980 c 467 s 44]

35.29 [Repealed, 1980 c 467 s 44]

35.30 [Repealed, 1980 c 467 s 44]

35.31 [Repealed, 1980 c 467 s 44]

35.32 [Repealed, 1980 c 467 s 44]

35.33 [Repealed, 1980 c 467 s 44]

35.34 [Repealed, 1980 c 467 s 44]

35.35 [Repealed, 1980 c 467 s 44]

35.36 [Repealed, 1959 c 406 s 5]

35.37 [Repealed, 1959 c 406 s 5]

35.38 [Repealed, 1959 c 406 s 5]

35.39 [Repealed, 1959 c 406 s 5]

35.40 [Repealed, 1980 c 467 s 44]

35.41 [Repealed, 1980 c 467 s 44]

35.42 [Repealed, 1980 c 467 s 44]

35.43 [Repealed, 1980 c 467 s 44]

35.44 [Repealed, 1980 c 467 s 44]

35.45 [Repealed, 1980 c 467 s 44]

35.46 [Repealed, 1980 c 467 s 44]

35.47 [Repealed, 1980 c 467 s 44]

35.48 [Repealed, 1980 c 467 s 44]

35.49 [Repealed, 1980 c 467 s 44]

35.50 [Repealed, 1980 c 467 s 44]

35.51 [Repealed, 1980 c 467 s 44]

35.52 [Repealed, 1967 c 166 s 3]

35.53 [Repealed, 1967 c 166 s 3]

35.54 [Repealed, 1959 c 406 s 5]

35.55 [Repealed, 1980 c 467 s 44]

35.56 [Repealed, 1980 c 467 s 44]

35.57 [Repealed, 1980 c 467 s 44]

35.58 [Repealed, 1980 c 467 s 44]

35.59 [Repealed, 1959 c 406 s 5]

35.60 [Repealed, 1980 c 467 s 44]

35.605 [Repealed, 1980 c 467 s 44]

35.61 [Repealed, 1959 c 406 s 5]

35.62 [Repealed, 1959 c 406 s 5]

35.63 [Repealed, 1959 c 406 s 5]

35.64 [Repealed, 1959 c 406 s 5]

35.65 [Repealed, 1959 c 406 s 5]

35.66 [Repealed, 1967 c 147 s 1]

35.67 RABIES INVESTIGATION.
If the executive director of the Board of Animal Health, or a board of health as defined in
section 145A.02, subdivision 2, receives a written complaint that rabies exists in a town or city
in the board's jurisdiction, the board of health shall investigate, either personally or through
subordinate officers, the truth of the complaint. A board of health may also make an investigation
and determination independently, without having received a complaint. The fact that a board of
health has investigated and determined that rabies does not exist in a jurisdiction does not deprive
the executive director of the Board of Animal Health of jurisdiction or authority to make an
investigation and determination with reference to the territory. For the purposes of sections 35.67
to 35.69, the jurisdiction of the executive director of the Board of Animal Health is the entire state.
History: (5389) 1913 c 541 s 1; 1973 c 123 art 5 s 7; 1980 c 467 s 18; 1985 c 265 art 1 s 1;
1987 c 309 s 14; 1999 c 231 s 75

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 director 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 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 director 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.
History: (5390) 1913 c 541 s 2; 1929 c 34; 1973 c 123 art 5 s 7; 1980 c 467 s 19; 1985 c
265 art 1 s 1; 1987 c 309 s 15; 1988 c 485 s 3; 1999 c 231 s 76

35.69 UNMUZZLED DOGS NOT PERMITTED AT LARGE.
The owner or custodian of a dog may not permit it to be at large, either on the premises of
the owner or elsewhere, within any city or town covered by a proclamation made under section
35.68, during the time the proclamation is in force, unless the dog is effectively muzzled so
that it cannot bite any other animal or person.
Any person may kill a dog running at large on the public streets or roads in violation of
sections 35.67 to 35.69. The owner of the dog has no claim against the person who kills the dog.
Peace officers and agents of a board of health as authorized under section 145A.04 shall file
a complaint concerning any known violation of sections 35.67 to 35.69.
History: (5391) 1913 c 541 s 3; 1973 c 123 art 5 s 7; 1985 c 265 art 1 s 1; 1987 c 309 s 24

35.695 [Repealed, 1982 c 514 s 21]

35.70 [Repealed, 1988 c 485 s 15]

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.
History: 1988 c 485 s 4

35.71 UNCLAIMED AND UNREDEEMED ANIMALS IMPOUNDED; SCIENTIFIC
USE OR OTHER DISPOSITION.
    Subdivision 1. Definitions. As used in this section, "establishment" means any public or
private agency, person, society, or corporation having custody of animals which are seized under
the authority of the state or any political subdivision of the state and "institution" means a school
or college of agriculture, veterinary medicine, medicine, pharmacy, or dentistry, or an educational
or scientific establishment properly concerned with investigation or instruction concerning the
structure or functions of living organisms or the cause, prevention, control, or cure of diseases or
abnormal conditions of human beings or animals.
    Subd. 2. Application for license. An institution may apply to the board for a license to
obtain animals from establishments. If, after investigation, the board finds that the institution
requesting a license is a fit and proper agency to receive a license, and that the public interest will
be served by granting it a license, the board may issue a license to the institution authorizing it to
obtain animals under this section.
    Subd. 3. Stray animals; seizure, disposition. All animals seized by public authority must
be held for redemption by the owner for at least five regular business days of the impounding
agency or for a longer time specified by municipal ordinance. For the purpose of this subdivision,
"regular business day" means a day during which the establishment having custody of an animal
is open to the public not less than four consecutive hours between the hours of 8:00 a.m. and 7:00
p.m. Establishments must maintain the following records of the animals in custody, and preserve
the records for at least six months:
(a) the description of the animal by species, breed, sex, approximate age, and other
distinguishing traits;
(b) the location at which the animal was seized;
(c) the date of seizure;
(d) the name and address of the person from whom any animal three months of age or
over was received; and
(e) the name and address of the person to whom any animal three months of age or over
was transferred.
The records must be maintained in a form permitting easy perusal by the public. A person
may view the records and animals in custody at any time during which the establishment is open
to the public. At the end of the five-day period, all animals which remain unredeemed must be
made available to any licensed institution which has requested that number of animals. However,
if a tag affixed to the animal or a statement by the animal's owner after the animal's seizure
specifies that the animal may not be used for research, the animal must not be made available to
any institution and may, in the discretion of the establishment, be destroyed after the expiration of
the five-day period. If a request is made by a licensed institution to an establishment for more
animals than are available at the time of the request, the establishment must withhold from
destruction all unclaimed and unredeemed animals until the request has been filled. The actual
expense of holding animals beyond the time of notice to the institution of their availability must
be borne by the institution receiving them. An establishment which fails or refuses to comply
with this section is ineligible for any further public funds from any county or municipality. Upon
receipt of a sworn statement by an authorized officer or employee of a licensed institution
of noncompliance by any establishment with this section, the treasurer of any municipality or
other political subdivision of the state may not pay any public funds to the establishment until
the complainant withdraws its statement of noncompliance or until the board either determines
that the complaint of noncompliance was without foundation or that the establishment has given
adequate assurance of future compliance and the treasurer of the municipality or other political
subdivision has been notified of the determination in writing. If it appears upon a person's
complaint that an officer, agent, or employee of an establishment is violating or failing to carry out
the provisions of this section, the attorney general or county attorney of the county in which the
establishment is located, in addition to any other remedies, may bring an action in the name of the
state against the establishment, officer, agent, or employee to enjoin compliance with this section.
    Subd. 4. Transportation of animals. A licensed institution must provide, at its own expense,
for the transportation of animals from the establishment to the institution and must use them only
in the conduct of its scientific and educational activities.
    Subd. 5. Annual license fee. Each licensed institution must pay to the board a license fee
of $50 for each calendar year or part of a calendar year. License fees must be deposited in the
general fund of the state treasury.
    Subd. 6. Revocation of license. After 15 days' written notice and an opportunity to be heard,
the board may revoke the license granted any institution if the institution has (1) violated this
section, or (2) failed to comply with the conditions of the board in respect to the issuance of
its license.
    Subd. 7. Rules. The board may adopt rules consistent with this section necessary to carry
out the provisions of this section, and may, if the board considers it advisable or in the public
interest, inspect or investigate any institution which has applied for a license or has been granted a
license under this section.
    Subd. 8.[Repealed, 1988 c 485 s 15]
History: 1949 c 195 s 1-8; 1955 c 112 s 1,2; 1969 c 246 s 1; 1969 c 399 s 1; 1976 c 1 s
1; 1978 c 457 s 1; 1980 c 467 s 24,25; 1985 c 265 art 1 s 1

35.72 MILK OR CREAM; TESTING BY BOARD.
    Subdivision 1. Establishment defined. As used in this section "establishment" means a
creamery, milk or cream collecting station, or place of business where milk or cream is purchased
or assembled for processing or sale.
    Subd. 2. Right of entry on premises. The board or its authorized agents may enter the
premises or buildings of any establishment to collect samples of milk or cream delivered to the
establishment.
    Subd. 3. Samples, procurement. Upon demand of the board or its authorized agents,
the operator of an establishment shall submit containers of milk or cream delivered to the
establishment to the board or agents before any milk or cream is removed or any substance or
thing is added, and shall allow the board or agent to take a sample of one ounce in weight or less
of milk or cream from each container for the purpose of applying any recognized test to determine
the existence of disease in the cattle which produced the milk or cream.
    Subd. 4. Names, addresses. The operator of the establishment shall furnish the board or
agents the name and address of the person delivering each container of milk or cream to the
establishment, and the name and address of the owner or caretaker of the cattle which produced
the milk or cream.
    Subd. 5. Contamination, prevention. The board or agent shall use due diligence to prevent
contamination of the milk or cream while procuring samples and to delay as little as possible the
normal operation of the establishment.
    Subd. 6.[Repealed, 1988 c 485 s 15]
History: 1951 c 221 s 1-6; 1985 c 265 art 1 s 1

35.73 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of sections 35.73 to 35.80 the terms defined in this
section have the meanings given.
    Subd. 2.[Repealed, 1980 c 467 s 44]
    Subd. 3.[Repealed, 1996 c 310 s 1; 1997 c 7 art 1 s 171]
    Subd. 4. Garbage. "Garbage" means animal or vegetable refuse, including all waste material,
by-products of a kitchen, restaurant, or slaughter house, and refuse accumulation of animal, fruit,
or vegetable matter, liquid or solid, but does not mean vegetable waste or by-products resulting
from the manufacture or processing of canned or frozen vegetables or materials exempted under
section 35.751.
History: 1953 c 355 s 1; 1985 c 265 art 1 s 1; 1992 c 381 s 1; 1996 c 310 s 1; 1997 c 7
art 1 s 15,171

35.74 EXCEPTIONS.
Sections 35.73 to 35.80 do not apply to a person who has animals or poultry who are fed
garbage obtained only from the person's private household.
History: 1953 c 355 s 2; 1985 c 265 art 1 s 1; 1986 c 444

35.75 LICENSES.
    Subdivision 1. Requirement, renewal. No person shall feed garbage to livestock or poultry
without first securing a license from the board, and no person shall transport garbage over the
public highways of this state for the purpose of feeding it to livestock or poultry unless the person
has a license. A license must be renewed on or before the first day of July each year.
    Subd. 2. Application. A person desiring a license or the renewal of a license to feed garbage
to livestock and poultry shall make written application to the board in accordance with its rules.
    Subd. 3. Revocation; refusal to issue. Upon determination that a person who has or has
applied for a license issued under sections 35.73 to 35.80 has violated or failed to comply with
sections 35.73 to 35.80 or any rules made under those sections, the board may revoke the license
or refuse to issue a license to the applicant.
History: 1953 c 355 s 3-5; 1985 c 265 art 1 s 1

35.751 EXEMPT MATERIALS PERMIT.
    Subdivision 1. Permit required. If it is considered by the board to be in the best interest
of the livestock industry of the state and not detrimental to the public health, safety, or general
welfare, the board may adopt rules authorizing an exempt materials permit for specified materials
of a nonmeat nature. No person may feed material exempted under section 35.73, subdivision 4,
to livestock or poultry without first securing a permit from the board, and no person may transport
exempted material over the public highways of the state for the purpose of feeding it to livestock
or poultry unless the person has a permit. A permit must be renewed on or before July 1 each year.
    Subd. 2. Application. A person desiring a permit or the renewal of a permit under this
section shall make written application to the board in accordance with its rules.
    Subd. 3. Revocation; denial. Upon determination that a person who has a permit or who has
applied for a permit issued under this section has violated sections 35.73 to 35.79 or any rules
made under those sections, the board may revoke the permit or refuse to issue a permit to the
applicant.
History: 1992 c 381 s 2

35.76 GARBAGE, TREATMENT.
No person may feed garbage to livestock or poultry until it has been thoroughly heated to at
least 212 degrees Fahrenheit for a continuous period of at least 30 minutes unless it is treated in
some other manner which is approved in writing by the board as being equally effective for the
protection of public health and the control of livestock diseases, and no person may knowingly
permit livestock or poultry owned or controlled by that person to have access to any garbage
which has not been heated or otherwise treated pursuant to this section.
History: 1953 c 355 s 6; 1985 c 265 art 1 s 1; 1986 c 444

35.77 QUARANTINE, PERMIT FOR REMOVAL OF LIVESTOCK OR POULTRY.
All premises on which garbage is fed to livestock or poultry are under quarantine and must
be maintained in a reasonably sanitary condition. Livestock or poultry to which garbage has been
fed may not be removed from the premises except under a permit from the board.
History: 1953 c 355 s 7; 1985 c 265 art 1 s 1

35.78 INSPECTION AND INVESTIGATION OF PREMISES, RECORDS.
An authorized representative of the board may enter any property at reasonable times for the
purpose of inspecting and investigating conditions relating to the feeding and treating of garbage
to be fed to livestock and poultry. An authorized representative of the board may examine records
or memoranda pertaining to the feeding of garbage to livestock and poultry, or pertaining to the
acquisition and sale of garbage-fed livestock and poultry. The board may require the maintenance
of records relating to the operation of equipment for a procedure of treating garbage to be fed to
swine. Copies of the records must be submitted to the board on request.
History: 1953 c 355 s 8; 1985 c 265 art 1 s 1

35.79 ENFORCEMENT.
The board shall administer and enforce sections 35.73 to 35.80 and may make and enforce
reasonable rules it considers necessary to carry out their provisions.
History: 1953 c 355 s 9; 1985 c 265 art 1 s 1

35.80 VIOLATIONS.
A person 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.
History: 1953 c 355 s 10; 1985 c 265 art 1 s 1; 1988 c 485 s 5

35.81 TRANSPORTATION OF ANIMALS AND POULTRY, RULES.
The board may make reasonable rules for the cleaning and disinfection of railroad cars,
automobiles, trucks, and other vehicles used as public carriers for the transportation of live
animals and poultry over the public highways and railroads within the state.
History: (4882) 1921 c 179 s 2; 1927 c 182; 1980 c 467 s 26; 1985 c 265 art 1 s 1

35.82 RENDERING PLANT PERMITS; DISPOSITION OF CARCASSES.
    Subdivision 1. Permit required. No person may engage in the business of rendering all or
parts of animals, poultry, or fish, including scraps and grease, without first obtaining a permit from
the board 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.
    Subd. 1a.[Repealed, 1974 c 159 s 5]
    Subd. 1b. Carcasses for pet or mink food. (a) The board, through its executive director, may
issue a permit to the owner or operator of a pet food processing establishment, a mink rancher,
or a supplier of an establishment, located within the boundaries of Minnesota, to transport the
carcasses of domestic animals that have died or have been killed, other than by being slaughtered
for human or animal consumption, over the public highways to the establishment for pet food
or mink food purposes only. The owners and operators of pet food processing establishments or
their suppliers and mink ranch operators located in any adjacent state with which a reciprocal
agreement is in effect under subdivision 3 are not required to possess a permit issued under this
subdivision. The permit is valid for one year following the date of issue unless it is revoked.
(b) The owner or operator of a pet food processing plant or mink ranch shall employ an
official veterinarian. A veterinarian named in the permit application who is accepted by the board
to act as the official veterinarian is authorized to act as its representative.
(c) Carcasses collected by owners or operators under permit may be used for pet food or
mink food purposes if the official veterinarian examines them and finds them suitable for pet
food or mink food purposes.
(d) Carcasses not passed by the official veterinarian for pet food or mink food purposes must
be disposed of by a rendering plant operating under permit from the board.
(e) The board must require pet food processing establishments, owners and operators of
mink ranches, and suppliers of these establishments to conform to rules of the board applicable
to rendering plants within the state.
    Subd. 2. Disposition of carcasses. (a) Except as provided in subdivision 1b and paragraph
(d), 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 a depth adequate to prevent scavenging by other animals in the ground or
thoroughly burn it or dispose of it by another method approved by the board as being effective
for the protection of public health and the control of livestock diseases. The board, through its
executive director, 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 meets the requirements of subdivision 1b.
(c) 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 leakproof 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.
(d) A sheep producer may compost sheep carcasses owned by the producer on the producer's
land without a permit and is exempt from compost facility specifications contained in rules of
the board.
(e) The board shall develop best management practices for dead animal disposal and the
Pollution Control Agency feedlot program shall distribute them to livestock producers in the state.
    Subd. 3. Reciprocity. The executive director of the board may enter into a reciprocal
agreement on behalf of this state with an adjacent state which provides for permits to be issued to
rendering plants, pet food processing establishments or suppliers of establishments, and mink
ranch operators located in either state to transport carcasses to their plants, establishments, or
ranches over the public highways of this state and the reciprocating state.
This subdivision applies if the adjacent state has in effect standards and requirements which
are the equivalent of the standards and requirements of this state as established by the board.
    Subd. 4. Domestic animals. The term "domestic animal" as used in this section does not
include any species of domestic animal which in common practice is maintained in the home of the
owner whether or not the particular domestic animal was so housed at any time prior to its death.
Nothing in this section limits the authority of local governmental units to regulate the disposition
of carcasses of domestic animals excluded from the provisions of this section by this subdivision.
History: (10273) RL s 5011; 1921 c 486 s 1; 1927 c 218; 1939 c 104; 1949 c 484 s 1; 1961
c 625 s 1; 1967 c 275 s 1,2; 1967 c 305 s 1; 1969 c 32 s 1,2; 1974 c 159 s 1-4; 1980 c 467
s 27; 1985 c 265 art 1 s 1; 1986 c 444; 1988 c 485 s 6; 1991 c 37 s 1,2; 1995 c 233 art 1 s 4;
1998 c 401 s 18; 1999 c 231 s 77-79

35.821 DEFINITIONS.
    Subdivision 1. Scope. Unless the context clearly indicates otherwise, for the purposes of
sections 35.821 to 35.831 the terms defined in this section have the meanings given them.
    Subd. 2.[Repealed, 1980 c 467 s 44]
    Subd. 3. Brand. "Brand" means a permanent identification mark, of which the letters,
numbers, and figures used are each four inches or more in length or diameter and applied using
the technique of freeze branding or burned into the hide of a live animal with a hot iron, which is
to be considered in relation to its location on the animal. The term relates to both the mark burned
into the hide and its location. In the case of sheep, the term includes, but is not limited to, a
painted mark which is renewed after each shearing.
    Subd. 3a. Freeze branding. "Freeze branding" means the application of an intensely cold
iron to the hide of a live animal.
    Subd. 4. Mark. "Mark" means a permanent identification cut from the ear or ears of a live
animal and for farmed cervidae, as defined in section 35.153, subdivision 3, means a tag, collar,
electronic implant, tattoo, or other means of identification approved by the board.
    Subd. 5. Animal. The term "animal" means any cattle, horse, sheep, or mule.
History: 1965 c 291 s 1; 1985 c 265 art 1 s 1; 1993 c 375 art 9 s 12; 1996 c 407 s 30,31;
2006 c 212 art 1 s 22

35.822 REGISTRATION OF MARKS OR BRANDS WITH BOARD.
The board shall approve marks or brands for registration, issue certificates of approval, and
administer sections 35.821 to 35.831. The board shall publish a state brand book containing a
facsimile of each mark or brand that is registered with it, showing the owner's name and address
and the pertinent laws and rules pertaining to brand registrations and reregistrations.
History: 1965 c 291 s 2; 1980 c 467 s 28; 1985 c 265 art 1 s 1

35.823 [Repealed, 1975 c 228 s 7]

35.824 APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE BRANDS.
The board shall prepare standard forms and supply the forms for distribution to those who
desire to apply for a brand. The application must show a left and right side view of the animals
upon which a mark or brand will be eligible for registry. The mark or brand location must
be designated to the following body regions: head, bregma, right and left jaw, neck, shoulder,
rib, hip, and breech. The applicant must select at least three distinct marks or brands listed
in preferred order, and three locations on the animal listed in preferred order. The application
must be properly signed and notarized and accompanied by a fee of $10. The mark or brand, if
approved and accepted by the board, is valid during the ten-year period in which it is recorded. A
person who knowingly places on an animal a mark or brand which has not been registered with
the board and which is in duplication of a mark or brand that is registered with the board is guilty
of a felony. "Duplication" means the use of a similar mark or brand, used in any position on the
animal designated for the use of a registered mark or brand, such as the head, bregma, jaw, neck,
shoulder, rib, hip, or breech. A person who alters or defaces a brand or mark on any animal to
prevent its identification by its owner is guilty of a felony.
History: 1965 c 291 s 4; 1975 c 228 s 1; 1985 c 265 art 1 s 1

35.825 CHECKING OF APPLICATIONS; CONFLICTS.
Marks or brands received by the board must be held and listed by the board, which shall
immediately check the mark or brand applications for conflicts. If a conflict is found, the fee and
the conflicting application must be returned to the person making the application.
History: 1965 c 291 s 5; 1985 c 265 art 1 s 1

35.826 STATE BRAND BOOKS; REREGISTRATION OF MARKS, BRANDS.
All approved mark or brand applications must be sorted in a systematic manner and published
in the state brand book. Supplements and revised brand books must be published at the discretion
of the board. At least six months before expiration, all registered mark or brand owners and
assignees must be notified in writing that their marks or brands will terminate in six months and
that they must be renewed. A reregistration fee of $10 must be charged for the ensuing ten-year
period or part of ten years. Failure to renew a mark or brand on or before the time specified, in
accordance with sections 35.821 to 35.831, is an absolute abandonment to the state of the mark or
brand. The board may not reissue a mark or brand abandoned under this section except to the
original owner or, after a period of two years, to another applicant upon proper application.
History: 1965 c 291 s 6; 1975 c 228 s 2; 1985 c 265 art 1 s 1

35.827 SALE OF BRAND BOOKS.
The state brand book and all supplements for the ten-year period must be sold to the public at
a price which includes the costs of printing, handling, and mailing. The board shall distribute all
brand books and supplements to the sheriff of each county without cost.
History: 1965 c 291 s 7; 1975 c 228 s 3; 1985 c 265 art 1 s 1

35.828 EVIDENCE.
Marks or brands which appear in the state brand book or its supplements or which are
registered with the board, are prima facie evidence of ownership and take precedence over similar
marks or brands if the question of ownership arises. The owner whose mark or brand does not
appear in the state brand book or its supplement and which is not registered with the board must
produce evidence to establish title to the property in the event of controversy.
History: 1965 c 291 s 8; 1975 c 228 s 4; 1985 c 265 art 1 s 1

35.829 TRANSFER OF BRANDS.
Only brands registered with the board or appearing in the state brand book or its supplement
are subject to sale, assignment, transfer, devise, or bequest, the same as other personal property.
The board shall prescribe forms for the sale or assignment of a brand. A transferred brand must be
recorded with the board. The fee for recording it is $10.
History: 1965 c 291 s 9; 1975 c 228 s 5; 1985 c 265 art 1 s 1

35.830 SALE OF BRANDED LIVESTOCK; WRITTEN BILL OF SALE.
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.
History: 1965 c 291 s 10; 1975 c 228 s 6; 1980 c 467 s 29; 1985 c 265 art 1 s 1; 1988
c 485 s 7

35.831 RULES.
The board may make rules it considers necessary to carry out the purposes of sections
35.821 to 35.831.
History: 1965 c 291 s 11; 1980 c 467 s 30; 1985 c 265 art 1 s 1

35.832 [Repealed, 1973 c 501 s 2]

35.84 [Repealed, 1Sp2001 c 2 s 162]

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.
History: 1988 c 485 s 8

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.
History: 1988 c 485 s 9

ENFORCEMENT

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 director 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.
History: 1988 c 485 s 10; 1999 c 231 s 80

35.93 ADMINISTRATIVE ACTION.
    Subdivision 1. Administrative remedies. The Board of Animal Health may seek to remedy
violations by authorizing the executive director 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.
History: 1988 c 485 s 11; 1999 c 231 s 81

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 35.93, including the issuance of a stop-sale or removal order, a court may allow recovery
for damages caused by the administrative action.
History: 1988 c 485 s 12

PENALTIES

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 board.
    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, the board, 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.
History: 1988 c 485 s 13; 1993 c 129 s 1,2

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.[Repealed, 1999 c 231 s 207]
    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.
History: 1988 c 485 s 14