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35.155.11(d)(2)

Statute ID: 18804

Statute Function ID: 38277

Animal Health - Fail to depopulate premises of Cervidae

In Effect

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Charge

Classifications

Offense Level:

Gross Misdemeanor (GM)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Other/Status/Misc (M) (Rank 30)

Detailed Offense Code:

Animal Welfare (990)

Offense Severity Level:

Function Text:

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

Yes

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

35.155.11(d)(2)

Enactment Date:

May 24, 2023

Effective Date:

Jul 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Animal Health - Fail to depopulate premises of Cervidae

Statute ID:

18804

Created:

Jun 12, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Oct 11, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Summary Text:

Animal Health - Fail to depopulate premises of Cervidae

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/35/155.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jun 12, 2023

(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. A person must not move farmed white-tailed deer from a herd that tests positive for chronic wasting disease from any premises to another location.

(c) All animals from farmed Cervidae herds that are over six months of age that die or are slaughtered must be tested for chronic wasting disease.

(d) The owner of a premises where chronic wasting disease is detected must:

(1) allow and cooperate with inspections of the premises as determined by the Board of Animal Health and Department of Natural Resources conservation officers and wildlife managers;

(2) depopulate the premises of Cervidae after the federal indemnification process has been completed or, if an indemnification application is not submitted, within 30 days;

(3) maintain the fencing required under subdivision 4 on the premises for ten years after the date of detection; and

(4) post the fencing on the premises with biohazard signs as directed by the board;

(5) not raise farmed Cervidae on the premises for at least ten years;

(6) before signing an agreement to sell or transfer the property, disclose in writing to the buyer or transferee the date of depopulation and the requirements incumbent upon the premises and the buyer or transferee under this paragraph; and

(7) record with the county recorder or registrar of titles, as appropriate, in the county where the premises is located a notice, in the form required by the board, that meets the recording requirements of sections 507.093 and 507.24 and includes the nearest address and the legal description of the premises, the date of detection, the date of depopulation, the landowner requirements under this paragraph, and any other information required by the board. The legal description must be the legal description of record with the county recorder or registrar of titles and must not otherwise be the real estate tax statement legal description of the premises. The notice expires and has no effect ten years after the date of detection stated in the notice. The registrar of titles must omit an expired notice from future certificates of title.

(e) An owner of farmed Cervidae that test positive for chronic wasting disease is responsible for proper disposal of the animals, as determined by the board.