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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

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

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