In this chapter unless the context or subject matter otherwise requires:
1. "Board" means the state board of animal health.
2. "Commissioner" means the agriculture commissioner.
3. "Domestic animal" means dog, cat, horse, bovine animal, sheep, goat, bison, farmed elk, llama, alpaca, or swine.
4. "Nontraditional livestock" means any wildlife held in a cage, fence, enclosure, or other manmade means of confinement that limits its movement within definite boundaries or an animal that is physically altered to limit movement and facilitate capture.
36-01-05 State veterinarian -- Appointment.
The commissioner shall, with the consent of the board, appoint the state veterinarian and deputy state veterinarian. The state veterinarian and deputy state veterinarian must be competent and skilled veterinarians and graduates of a veterinary medicine and surgery course at a recognized college or university. The commissioner may remove the state veterinarian or deputy state veterinarian for cause. At the request of the board, the commissioner shall deputize persons licensed to practice veterinary medicine in this state as assistant state veterinarians. Deputized persons shall serve during periods of emergency and only for the time period determined by the board.
36-01-06 State veterinarian -- Duties.
The state veterinarian shall:
1. Ascertain, by personal examination or through reports from other authorized representatives or agents of the commissioner, all information which can be obtained regarding the existence of contagious, infectious, and epizootic diseases of animals.
2. Execute all orders and rules made by the board.
3. Execute all duties prescribed for the state veterinarian in title 36 and all duties and responsibilities otherwise authorized by the board that are necessary and proper in order to accomplish the business of the board of animal health and carry into effect the purposes of this title.
4. Present at the meetings of the board a detailed report of all matters connected with the work of the state veterinarian and authorized representatives of the board during the time since the last meeting.
36-01-07 Consulting veterinarian of board -- Duties -- Compensation.
The board shall choose a veterinarian on staff at North Dakota state university to act as consulting veterinarian to the board. The term of appointment is open and at the will of the board. At the discretion of the board, the consulting veterinarian, or any United States department of agriculture approved laboratory shall make diagnostic examinations of all diseased animals or portions thereof or of such material as may be forwarded by the board or the commissioner's duly authorized agents. For services, the consulting veterinarian or United States department of agriculture approved laboratory is entitled to receive such compensation as the commissioner may deem proper, which must be paid out of the fund appropriated for the use of the commissioner.
36-01-08 Duties -- Rules -- Fees.
The board shall protect the health of the domestic animals and nontraditional livestock of this state, shall determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of dangerous, contagious, and infectious diseases among the domestic animals and nontraditional livestock of this state, and shall prevent
the escape and release of an animal injurious to or competitive with agriculture, horticulture, forestry, wild animals, and other natural resource interests. For the purpose of preventing the escape and release of an animal injurious to or competitive with agriculture, horticulture, forestry, wild animals, and other natural resource interests, the board may, by rule, quarantine any such animal, cause any such animal to be killed, regulate or prohibit the arrival in or departure from this state of any such animal, and at the cost of the owner thereof, the board may detain any animal found to be in violation of any rule or prohibition. Any matter relating to the health and welfare of domestic animals and nontraditional livestock and not specifically assigned by statute to another entity is deemed to be within the authority of the board. The board may make rules to carry into effect the purposes of this chapter and other duties prescribed in this title. The commissioner shall
collect six cents for each brucellosis tag and each identification tag and eight dollars for each health book the commissioner distributes. The fees collected by the commissioner must be deposited in the state general fund.
36-01-08.3 Duties -- Evaluations -- Report.
The board and the commissioner shall conduct performance evaluations of the state veterinarian and any assistant state veterinarians.
36-01-10 Agents and assistants may be employed by commissioner -- Granting of authority to United States government inspectors.
The commissioner may employ officers, agents, or assistants necessary to carry out this chapter, at a compensation to be fixed within the limits of legislative appropriations. The commissioner may grant to the inspectors of the United States department of agriculture the same authority as is possessed by agents of the commissioner.
36-01-12 Powers of board over contagious and infectious diseases.
The board may take such steps as it may deem necessary to control, suppress, and eradicate any and all contagious and infectious diseases among any of the domestic and nontraditional livestock of this state. For this purpose, the board may quarantine any domestic animal or nontraditional livestock which is infected, or may be infected, with any such disease or which has been exposed, or may be exposed, to infection, cause any animal so infected to be killed, regulate or prohibit the arrival in or departure from this state of any such exposed or infected animal, and at the cost of the owner thereof, it may detain any domestic animal or nontraditional livestock found to be in violation of any such regulation or prohibition. The board may also quarantine any city, civil township, or county or areas within a county in this state and any enclosure, building, or any domestic animal or nontraditional livestock therein which is or may be infected or exposed or may be exposed to any contagious or infectious disease.
36-01-12.1 Fund transfer for control of diseases.
The commissioner may use any moneys appropriated to the commissioner for the control of animal diseases, for the rapid arrest and eradication of foot- and-mouth disease, rinderpest, contagious pleuropneumonia, or any other highly contagious or infectious animal plagues for which purpose adequate funds are not otherwise available.
36-01-13 Diseased animal to be reported -- Records exempt.
1. Any person who discovers, suspects, or has reason to believe that any domestic animal or nontraditional livestock belonging to that person or belonging to any other person, is affected by any reportable contagious disease as defined by the board, shall report that knowledge, suspicion, or belief to the state veterinarian or any other agent or representative of the
2. The records are exempt from open records laws, except those records concerning diseases that are specifically regulated by mandatory control and eradication programs or to protect public health.
36-01-14 Protest against killing of diseased animal -- Examination of animal by experts -- Appointment of experts.
Whenever a domestic animal or nontraditional livestock has been determined to be affected with a contagious or infectious disease and has been ordered killed by the board, the state veterinarian, or an agent or representative of the board, the owner or keeper of the animal must be notified of the order. Notice may be accomplished by sending, by registered mail, a copy of the order to the owner or keeper of the animal, or by having an agent or representative of the board serve a copy of the order upon the owner or keeper of the animal. Within twenty-four hours after receiving notice of the order, the owner or keeper may file a protest against the killing of the animal with the board or with the person who has ordered the animal killed. The protest must state under oath that, to the best of the knowledge and belief of the person making the protest, the animal is not infected with any contagious or infectious disease. An examination of the animal or laboratory reports involved then must be made by three experts, one of whom must be appointed by the board, one by the person making the protest, and the third by the two thus appointed. All the experts must be persons learned in veterinary medicine and surgery and graduates of the
veterinary course of a recognized college or university.
36-01-15 Expense of experts -- How paid.
If at least two of the experts declare that the animal involved is free from any contagious or infectious disease, the expense of the consultation must be paid by the commissioner. If at least two of such experts declare that such animal is affected with a contagious or infectious disease, the expenses incurred in the consultation must be paid by the person making the protest.
36-01-16 Disposal of carcass of diseased animal.
The owner or keeper of any animal killed by order of the state board of animal health, the state veterinarian, or by an agent or representative of the state board of animal health, shall dispose of the carcass of the animal in the manner prescribed by the board or the state veterinarian. If the owner or keeper of an animal killed pursuant to an order is unknown, the carcass must be disposed of at the expense of the county in which the carcass is located.
36-01-17 Oaths and examinations.
The board, any member of the board, the state veterinarian, or the commissioner may examine or cause to be examined under oath all persons believed to possess knowledge of material facts concerning the existence or dissemination, or the danger of dissemination, of disease among domestic animals or nontraditional livestock. For this purpose, the board, members of the board, the state veterinarian, or the commissioner, may take depositions, compel witnesses to attend and testify, and administer oaths. Such witnesses are entitled to receive the same fees for attendance and travel as witnesses before the district courts. The commissioner shall pay the fees from legislative appropriations.
36-01-18 Inspection of livestock in transit -- Penalty.
The state veterinarian and authorized agents and representatives of the commissioner, for purposes of inspecting livestock in transit for health or ownership identification, may stop vehicles transporting livestock on public highways of this state. When signaled by the state veterinarian or an authorized agent or representative of the commissioner to stop, the operator of any vehicle shall stop the vehicle, show any health or identification forms which are required to be carried in transportation of livestock, and permit the inspector to make an inspection of the livestock being transported if deemed by the inspector to be necessary. Failure to stop when so directed is a class A misdemeanor. The inspector is authorized to use a stop signal.
The state veterinarian, or any authorized agent or representative of the commissioner, may call any sheriff or deputy sheriff, police officer, or highway patrol officer, to execute its orders, and those officers must obey. Any law enforcement officer may arrest and take before any district judge serving the county any person found violating this chapter. The law enforcement officer shall immediately notify the state's attorney of the county of the arrest and the state's attorney shall prosecute the person found violating this chapter.
36-01-19 Emergency fund in case of epizootic.
In case of any serious outbreak of any contagious, infectious, or epizootic diseases among domestic animals or nontraditional livestock, which cannot be controlled with the funds at the disposal of the commissioner, the commissioner shall notify the governor at once, and the governor shall call a meeting of the emergency commission. The emergency commission may authorize money to be drawn from the state treasury to meet the emergency.
36-01-28 Enforcement orders -- Administrative hearing -- Penalty.
1. Except when otherwise ordered by a court of competent jurisdiction, the board may order any domestic animal or nontraditional livestock brought into this state which is not in compliance with the provisions of this chapter to be returned to the state of origin, or in the alternative, the board may order the animal slaughtered or destroyed. The board may grant an exception for any nontraditional livestock if a zoo licensed by the animal care program of the animal and plant health inspection service of the United States department of agriculture takes possession upon confiscation of the animal.
2. If, after a hearing, the board finds that a person has brought, kept, or received any domestic animal or nontraditional livestock in this state and the animal or livestock is not in compliance with the provisions of this chapter or rules adopted under this chapter, a civil penalty not to exceed five thousand dollars per violation may be assessed against that person.
3. Any person who violates any of the provisions of this chapter for which a specific penalty is not provided, or who knowingly violates any rule adopted by the board, is guilty of an infraction.
Amended in 1999.
Reviewed and updated by AAHS in January 2002.
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