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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 of the University of Minnesota may serve as consultant 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.
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.
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) The board may implement the United States Voluntary Johne's Disease Herd Status
Program for Cattle.
(d) Rules adopted by the board under authority of this chapter must be published in the
State Register.
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.
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.
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.
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. Expiration. This section expires July 31, 2003.
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.
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 on the
state treasurer for the amount due the owner.
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 on the state treasurer for the amount due the owner.
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.
[Text of subd. 3 effective until July 31, 2003.]
Subd. 3. Emergencies. (a) 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,
order of the governor, or by the United States Department of Agriculture, the board may
take reasonable and necessary steps to suppress and eradicate the disease. The board may
cooperate with the animal and plant health inspection service of the United States
Department of Agriculture, federally recognized Indian tribes, state or local government
agencies, or any other private or public entity in the suppression and eradication of the
disease.
(b) When an emergency has been declared, the board may appraise and destroy animals
affected with, or which have been exposed to the disease, or which are highly susceptible
to exposure to the disease because of proximity to diseased animals, appraise and destroy
personal property in order to remove the infection and complete the cleaning and
disinfection of the premises, temporarily commandeer real property under paragraph (c) for
the purpose of disposing of animals, and do any act and incur any other expense reasonably
necessary to suppress the disease.
(c) The governor, at the request of the board, may temporarily commandeer agricultural or
other suitable nonresidential land under the provisions of chapter 12 to be used for
disposal of the destroyed animals when an emergency has been declared by the governor
under section 35.0661 and the board determines that:
(1) the owner of destroyed animals lacks sufficient land to properly dispose of the
animals;
(2) the animals cannot be transported to other sites;
(3) no landowner within the appropriate area will consent to voluntarily provide land for
animal disposal;
(4) time pressures prevent formal condemnation procedures; and
(5) other means of animal disposal are either impractical or contrary to good disease
control practices. After the land has been used for animal disposal, possession shall
return to the owner or occupant. Damages resulting from the temporary taking shall be paid
in the same amount and manner as if the land had been temporarily condemned for other
public purposes.
(d) 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, compensation, 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.
(e) For the purpose of compensation under paragraph (f), appraisals of animals or personal
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. Notwithstanding any law to the contrary, when,
in the judgment of the board, physical appraisal of the animals to be killed or personal
property to be destroyed poses a disease threat, appraisals may be conducted after the
animals are killed based on documents, testimony, or other relevant evidence. Appraisals
must be in writing and signed by the appraisers, and must be made at the true market value
of all animals and personal property appraised, unless otherwise provided by applicable
federal law or regulation when compensation is paid by federal funds.
(f) Upon destruction of animals or personal property, or temporary commandeering of real
property, 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 or the condemnation
award to the commissioner of finance, who shall draw a warrant on the state treasurer for
the proper amount payable to the owner, excluding any compensation received by the owner
from other sources, from appropriations made available for this purpose.
(g) No entity of any kind may begin or proceed with any proceeding to collect a debt from
the owner of animals or personal property destroyed under this subdivision, until the
owner has received compensation under paragraph (d). For purposes of this paragraph,
"proceeding to collect a debt" includes foreclosure, repossession, garnishment,
levy, contract for deed cancellation, an action to obtain a court judgment, a proceeding
to collect real estate taxes or special assessments, eviction, and any other in-court and
out-of-court proceedings to collect a debt. The term does not include sending bills or
other routine communications to the owner. If an entity refuses to comply with this
paragraph after being informed that the owner qualifies for relief under this paragraph,
the owner may apply to the district court in the county in which the owner resides for a
court order directing the entity to comply with this paragraph and to reimburse the owner
for reasonable attorney fees incurred in obtaining the court order. This paragraph does
not affect the validity of a mortgage foreclosure, contract for deed cancellation or other
proceeding involving the title to real property, unless the owner records in the office of
the county recorder, or files in the office of the registrar of titles, prior to
completion of the proceeding to collect a debt, a certified copy of a court order, which
includes a legal description of the property, determining that the owner qualifies for
relief under this paragraph. For purposes of proceedings involving title to real property,
the court order must provide that it expires 90 days after the court order was applied
for, unless the court extends the court order prior to that date for good cause shown. A
certified copy of any extension of the court order must be recorded or filed in order to
affect the validity of a proceeding affecting the title to real property. For purposes of
this paragraph, "completion of a proceeding to collect a debt" means, in the
case of a mortgage foreclosure under chapter 580 or 581 or of a foreclosure of any other
lien on real property, the filing or recording of the sheriff's certificate of sale; and,
in the case of a contract for deed cancellation under section 559.21, the end of the
cancellation period provided in that section.
[Text of subd. 3 effective July 31, 2003.]
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.
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.
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.
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.
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.
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.]
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.
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.
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.
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.
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.
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.
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.
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.
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].
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.
Amended in 1999, 2001.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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