CHAPTER 36-01 State Board of Animal Health

36-01-00.1. Definitions.

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.

Source:

S.L. 1991, ch. 371, § 1; 1993, ch. 355, § 1; 1995, ch. 347, § 4; 1999, ch. 321, § 4.

36-01-01. State board of animal health — Appointment — Terms — Qualifications.

  1. The state board of animal health consists of nine members appointed by the governor for terms of seven years each with their terms of office so arranged that two terms expire on the first day of August in one year and one term expires on the first day of August in each of the next six years. The term of the individual appointed to represent the nontraditional livestock industry expires on August 1, 2010. No individual may be appointed to more than two 7-year terms on the board.
  2. Each member of the board must be a qualified elector of this state. Each member of the board, immediately after appointment, shall take the oath of office required of civil officers.
  3. The members of the board must include:
    1. One individual who is actively engaged and financially interested in the commercial beef cattle industry and who shall represent the industry on the board;
    2. One individual who is actively engaged and financially interested in the registered purebred beef cattle industry and who shall represent the industry on the board;
    3. One individual who is actively engaged and financially interested in the dairy cattle industry and who shall represent the industry on the board;
    4. One individual who is actively engaged and financially interested in the swine industry and who shall represent the industry on the board;
    5. One individual who is actively engaged and financially interested in the sheep industry and who shall represent the industry on the board;
    6. One individual who is actively engaged and financially interested in the bison industry and who shall represent the industry on the board;
    7. One individual who is actively engaged and financially interested in the nontraditional livestock industry and who shall represent the industry on the board; and
    8. Two individuals who are licensed veterinarians.
  4. Vacancies occurring prior to the expiration of terms of office must be filled by appointment by the governor and must be for the balance of the unexpired term.
  5. Recommendations for the appointment of individuals to the board may be made to the governor by the North Dakota stockmen’s association for the individuals representing commercial beef cattle, by the various registered purebred beef cattle associations for the individual representing the registered purebred beef cattle industry, by the various dairy breed associations for the individual representing the dairy cattle industry, by the North Dakota swine breeders’ association for the individual representing the swine industry, by the North Dakota wool growers’ association for the individual representing the sheep industry, by the state veterinary medical association for the two veterinarians, by the North Dakota buffalo association for the individual representing the bison industry, by the nontraditional livestock industry for the individual representing the nontraditional livestock industry, and by any associations within this state representing livestock industries as the governor may permit. Two recommendations must be submitted for each position to be filled.

Source:

S.L. 1907, ch. 169, §§ 1, 5; C.L. 1913, §§ 2678, 2682; R.C. 1943, § 36-0101; S.L. 1949, ch. 227, § 1; 1957 Supp., § 36-0101; S.L. 1985, ch. 387, § 1; 1989, ch. 80, § 4; 1995, ch. 347, § 5; 2001, ch. 313, § 1; 2003, ch. 286, § 1.

Cross-References.

Governor’s power to appoint majority of members of board, see N.D.C.C. § 54-07-01.2.

Oath of office, see N.D. Const., art. XI, § 4; N.D.C.C. § 44-01-05.

Veterinary diagnostic laboratory, see N.D.C.C. § 15-12-20.

36-01-02. Meetings of board — Limitations on number — Special.

The state board of animal health shall hold its meetings at the state capitol at such times as it may designate, but there may not be more than four regular meetings in any one year. The president of the board may call a special meeting whenever in the president’s judgment it becomes necessary.

Source:

S.L. 1907, ch. 169, § 4; C.L. 1913, § 2681; S.L. 1921, ch. 85, § 1; 1925 Supp., § 2681; R.C. 1943, § 36-0102; S.L. 1989, ch. 80, § 5.

36-01-03. Officers of board — Election.

The board shall elect a president and a secretary from among its members. The commissioner shall provide clerical services to the board.

Source:

S.L. 1907, ch. 169, § 5; C.L. 1913, § 2682; R.C. 1943, § 36-0103; S.L. 1989, ch. 80, § 6; 1995, ch. 347, § 6.

36-01-04. Compensation and expenses of members of board.

Each member of the board shall receive as compensation for services the sum of one hundred thirty-five dollars per day for each day employed and actual expenses incurred in attending the meetings of the board. The sum must be paid out of the state treasury upon vouchers duly certified by the commissioner.

Source:

S.L. 1907, ch. 169, § 4; C.L. 1913, § 2681; S.L. 1921, ch. 85, § 1; 1925 Supp., § 2681; R.C. 1943, § 36-0104; S.L. 1945, ch. 264, § 13; 1957 Supp., § 36-0104; S.L. 1965, ch. 241, § 1; 1979, ch. 387, § 1; 1989, ch. 80, § 7; 1995, ch. 347, § 7; 2009, ch. 72, § 29.

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.

Source:

S.L. 1907, ch. 169, § 6; C.L. 1913, § 2683; S.L. 1929, ch. 157, § 1; R.C. 1943, § 36-0105; S.L. 1965, ch. 242, § 1; 1989, ch. 80, § 8; 1995, ch. 347, § 8; 1999, ch. 317, § 1.

Cross-References.

Oath of office, see N.D. Const., art. IX, § 4; N.D.C.C. § 44-01-05.

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.

Source:

S.L. 1907, ch. 169, § 7; C.L. 1913, § 2684; R.C. 1943, § 36-0106; S.L. 1989, ch. 80, § 9; 1989, ch. 425, § 1; 1995, ch. 347, § 9.

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.

Source:

S.L. 1907, ch. 169, § 8; C.L. 1913, § 2685; R.C. 1943, § 36-0107; S.L. 1989, ch. 80, § 10; 1995, ch. 347, § 10; 1999, ch. 317, § 2.

Cross-References.

Veterinary diagnostic laboratory at agricultural college, see N.D.C.C. § 15-12-20.

36-01-08. Duties — Rules — Fees — Continuing appropriation.

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 fees for the actual direct cost of providing each brucellosis tag, each identification tag, and each health book the commissioner distributes. The fees collected by the commissioner must be deposited in the agriculture commissioner’s operating fund and are appropriated on a continuing basis to the state board of animal health to be used to enforce this chapter.

Source:

S.L. 1907, ch. 169, § 2; C.L. 1913, § 2679; R.C. 1943, § 36-0108; S.L. 1989, ch. 80, § 11; 1989, ch. 425, § 2; 1991, ch. 371, § 2; 1993, ch. 8, § 2; 1993, ch. 355, § 2; 1995, ch. 347, § 11; 1999, ch. 317, § 3; 2007, ch. 301, § 1.

Notes to Decisions

Constitutionality.

The state may delegate to an administrative board the power to adopt reasonable regulations and to adopt tests it deems necessary in order to ascertain the existence of a disease. Neer v. State Live Stock Sanitary, 40 N.D. 340, 168 N.W. 601, 1918 N.D. LEXIS 70 (N.D. 1918).

Collateral References.

Admissibility of opinion evidence of lay witnesses as to diseases and physical condition of animals, 49 A.L.R.2d 932.

Extent of liability of seller of livestock infected with communicable disease, 14 A.L.R.4th 1096.

36-01-08.1. Nontraditional livestock license — Fee.

The board of animal health may require a license for nontraditional livestock maintained within this state. The annual fee for a license for a bird species required to be licensed is seven dollars. The maximum amount of annual fees for bird species licenses to be paid by a person holding more than one bird species license is forty dollars. The annual fee for a license for any other species required to be licensed is fifteen dollars. The maximum amount of annual fees for nonbird species licenses to be paid by a person holding more than one nonbird species license is one hundred dollars.

Source:

S.L. 1993, ch. 356, § 1; 1999, ch. 50, § 52; 1999, ch. 317, § 4.

36-01-08.2. Mountain lions, wolves, and wolf hybrids held in captivity — Identification required.

Any person who keeps a mountain lion, wolf, or wolf hybrid in captivity must obtain an identification number from the board. The number must be tattooed in indelible ink inside the ear of the animal for permanent identification purposes.

Source:

S.L. 1995, ch. 234, § 2.

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.

Source:

S.L. 1995, ch. 347, § 12; 1999, ch. 317, § 5.

36-01-08.4. Ownership of skunks and raccoons prohibited — Exception — Rules on primates, wolves, and wolf hybrids.

A person may not keep a skunk or raccoon in captivity. This section does not apply to a zoo licensed by the animal care program of the animal and plant health inspection service of the United States department of agriculture. The state veterinarian shall confiscate and dispose of any animal kept in violation of this section. The board shall adopt rules governing the keeping of a primate, wolf, or wolf hybrid in captivity and to implement this section. As used in this section, “primate” does not include a human being; “wolf” means any animal of the species canis lupus; and “wolf hybrid” means any animal that is any part wolf.

Source:

S.L. 1997, ch. 308, § 1; 1999, ch. 317, § 6.

36-01-09. How regulations made. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

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.

Source:

S.L. 1907, ch. 169, § 13; C.L. 1913, § 2690; R.C. 1943, § 36-0110; S.L. 1989, ch. 80, § 13; 1995, ch. 347, § 13.

36-01-11. Reports of board. [Repealed]

Repealed by S.L. 1995, ch. 347, § 53.

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 animals 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.

Source:

S.L. 1907, ch. 169, § 9; C.L. 1913, § 2686; R.C. 1943, § 36-0112; S.L. 1969, ch. 318, § 1; 1989, ch. 80, § 15; 1991, ch 371, § 3; 1993, ch. 355, § 3.

Notes to Decisions

Discretion of Board.

The determination of whether to kill or quarantine disease-infected animals lies within the discretion of the board, and such discretion cannot be reviewed in the courts in absence of fraud or palpable mistake of fact. Neer v. State Live Stock Sanitary, 40 N.D. 340, 168 N.W. 601, 1918 N.D. LEXIS 70 (N.D. 1918).

Power to Kill Animals.

The board has no power to order the destruction of an animal not actually infected with a contagious disease. Neer v. State Live Stock Sanitary, 40 N.D. 340, 168 N.W. 601, 1918 N.D. LEXIS 70 (N.D. 1918).

Collateral References.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.

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.

Source:

S.L. 1953, ch. 220, § 1; R.C. 1943, 1957 Supp., § 36-01121; S.L. 1989, ch. 80, § 16; 1995, ch. 347, § 14.

36-01-12.2. Confiscation of nontraditional livestock held in violation of this chapter. [Effective through August 31, 2022]

  1. The state veterinarian, or the state veterinarian’s designee, a police officer, sheriff, or other law enforcement officer may seize any nontraditional livestock located on private property from the animal’s owner or custodian if probable cause exists to believe that the animal is being held in violation of this chapter or rules adopted under this chapter. Unless it is shown that there exists an exigency or occasion as to require the immediate confiscation, an animal may not be seized until a hearing is held allowing the owner or custodian to show cause why the animal should not be confiscated. If exigent circumstances exist, an ex parte order may be issued authorizing seizure of the animal if probable cause appears to the court that:
    1. The animal is in immediate danger of being released into the wild, destroyed, concealed, removed from the state, or sold or given to an innocent party.
    2. The animal is infected with any contagious or infectious disease capable of being spread to animals or humans.
  2. Upon request by the person confiscating the animal, the board, the state department of health, the game and fish department, any county sheriff’s office, city police department, or other peace officer may provide assistance in any action to seize, impound, confiscate, or quarantine any animal suspected of being held or possessed in violation of this title.
  3. A court having jurisdiction of an alleged offense under this title or rules adopted under this chapter may order the disposition of all animals that have been confiscated. This order may be entered only after a hearing duly had upon proper notice to the owner or custodian and after a finding by the court that the animal was being held or possessed in violation of this title at the time it was seized.
  4. When any nontraditional livestock is found to be held or possessed contrary to this chapter, the court may:
    1. Order the animal to be forfeited by its owner or custodian and that the animal be destroyed or disposed of otherwise. The court may order disposition to a zoo licensed by the animal care program of the animal and plant health inspection service of the United States department of agriculture if the zoo requests possession upon confiscation of the animal; or
    2. Order the return of custody to the owner or custodian upon compliance with all applicable state and local regulations governing ownership and possession of nontraditional livestock, including payment of any license fees.
  5. Subject to section 32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover the amount of actual damages incurred during the time of seizure, if the owner establishes that before the animal was seized under this chapter, the agency knew or recklessly failed to determine that the animal, at the time of seizure, was lawfully owned and licensed in this state or that the animal was a domestic animal not subject to seizure under this chapter.

All animals seized must be held subject to the order of a court of competent jurisdiction. Whenever probable cause exists for a preconfiscation hearing, the owner or custodian of the animal must be notified in writing that, on the day fixed for a hearing, which may not be less than three days from the date of receipt of notice, the owner or custodian may appear or show cause why the animal should not be confiscated. Notice must be delivered to the owner or custodian by personal service or registered mail to that person’s last-known mailing address. An affidavit of service or the post-office registration receipt signed by the owner or custodian is prima facie evidence of service of notice.

The court may award reasonable costs of seizure, care, and keeping pending disposition, and attorney’s fees to the agency bringing an action to confiscate any nontraditional livestock under this title.

Source:

S.L. 1999, ch. 317, § 7.

36-01-12.2. Confiscation of nontraditional livestock held in violation of this chapter. [Effective September 1, 2022]

  1. The state veterinarian, or the state veterinarian’s designee, a police officer, sheriff, or other law enforcement officer may seize any nontraditional livestock located on private property from the animal’s owner or custodian if probable cause exists to believe that the animal is being held in violation of this chapter or rules adopted under this chapter. Unless it is shown that there exists an exigency or occasion as to require the immediate confiscation, an animal may not be seized until a hearing is held allowing the owner or custodian to show cause why the animal should not be confiscated. If exigent circumstances exist, an ex parte order may be issued authorizing seizure of the animal if probable cause appears to the court that:
    1. The animal is in immediate danger of being released into the wild, destroyed, concealed, removed from the state, or sold or given to an innocent party.
    2. The animal is infected with any contagious or infectious disease capable of being spread to animals or humans.
  2. Upon request by the person confiscating the animal, the board, the department of health and human services, the game and fish department, any county sheriff’s office, city police department, or other peace officer may provide assistance in any action to seize, impound, confiscate, or quarantine any animal suspected of being held or possessed in violation of this title.
  3. A court having jurisdiction of an alleged offense under this title or rules adopted under this chapter may order the disposition of all animals that have been confiscated. This order may be entered only after a hearing duly had upon proper notice to the owner or custodian and after a finding by the court that the animal was being held or possessed in violation of this title at the time it was seized.
  4. When any nontraditional livestock is found to be held or possessed contrary to this chapter, the court may:
    1. Order the animal to be forfeited by its owner or custodian and that the animal be destroyed or disposed of otherwise. The court may order disposition to a zoo licensed by the animal care program of the animal and plant health inspection service of the United States department of agriculture if the zoo requests possession upon confiscation of the animal; or
    2. Order the return of custody to the owner or custodian upon compliance with all applicable state and local regulations governing ownership and possession of nontraditional livestock, including payment of any license fees.
  5. Subject to section 32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover the amount of actual damages incurred during the time of seizure, if the owner establishes that before the animal was seized under this chapter, the agency knew or recklessly failed to determine that the animal, at the time of seizure, was lawfully owned and licensed in this state or that the animal was a domestic animal not subject to seizure under this chapter.

All animals seized must be held subject to the order of a court of competent jurisdiction. Whenever probable cause exists for a preconfiscation hearing, the owner or custodian of the animal must be notified in writing that, on the day fixed for a hearing, which may not be less than three days from the date of receipt of notice, the owner or custodian may appear or show cause why the animal should not be confiscated. Notice must be delivered to the owner or custodian by personal service or registered mail to that person’s last-known mailing address. An affidavit of service or the post-office registration receipt signed by the owner or custodian is prima facie evidence of service of notice.

The court may award reasonable costs of seizure, care, and keeping pending disposition, and attorney’s fees to the agency bringing an action to confiscate any nontraditional livestock under this title.

Source:

S.L. 1999, ch. 317, § 7; 2021, ch. 352, § 345, effective September 1, 2022.

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 commissioner.
  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.

Source:

S.L. 1907, ch. 169, § 17; C.L. 1913; § 2694; S.L. 1915, ch. 235, § 1; 1925 Supp., § 2694; R.C. 1943, § 36-0113; S.L. 1989, ch. 80, § 17; 1989, ch. 425, § 3; 1991, ch. 371, § 4; 1993, ch. 355, § 4; 1995, ch. 347, § 15; 1999, ch. 317, § 8.

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.

Source:

S.L. 1907, ch. 169, § 10; C.L. 1913, § 2687; R.C. 1943, § 36-0114; S.L. 1989, ch. 80, § 18; 1989, ch. 425, § 4; 1991, ch. 371, § 5; 1993, ch. 355, § 5; 1999, ch. 317, § 9.

Notes to Decisions

Constitutionality.

The legislative assembly may authorize summary proceedings against a nuisance and such property may be destroyed without a hearing before a jury, provided that right of action for damages remains. Neer v. State Live Stock Sanitary, 40 N.D. 340, 168 N.W. 601, 1918 N.D. LEXIS 70 (N.D. 1918).

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.

Source:

S.L. 1907, ch. 169, § 11; C.L. 1913, § 2688; R.C. 1943, § 36-0115; S.L. 1989, ch. 80, § 19; 1995, ch. 347, § 16.

Notes to Decisions

Evidence Sufficient.

Since a reasonable fact finder could have found hog farmer whose hogs ran loose on twenty separate occasions guilty of maintaining a public nuisance beyond a reasonable doubt, trial court did not err in denying the defendant’s motion for acquittal. State v. Hafner, 1998 ND 220, 587 N.W.2d 177, 1998 N.D. LEXIS 230 (N.D. 1998).

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.

Source:

S.L. 1907, ch. 169, § 12; C.L. 1913, § 2689; R.C. 1943, § 36-0116; S.L. 1989, ch. 80, § 20; 1989, ch. 425, § 5.

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.

Source:

S.L. 1907, ch. 169, § 14; C.L. 1913, § 2691; R.C. 1943, § 36-0117; S.L. 1981, ch. 320, § 89; 1989, ch. 80, § 21; 1989, ch. 425, § 6; 1991, ch. 371, § 6; 1993, ch. 355, § 6; 1995, ch. 347, § 17.

Cross-References.

Fees of witnesses, see N.D.C.C. § 31-01-16.

Who authorized to take deposition, see N.D.R.Civ.P. 28(a).

Who to issue subpoenas, see N.D.R.Civ.P. 45(a).

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.

Source:

S.L. 1907, ch. 169, § 15; C.L. 1913, § 2692; R.C. 1943, § 36-0118; S.L. 1969, ch. 319, § 1; 1975, ch. 106, § 369; 1981, ch. 320, § 90; 1985, ch. 151, § 27; 1989, ch. 80, § 22; 1989, ch. 425, § 7; 1991, ch. 326, § 140; 1995, ch. 347, § 18.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

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.

Source:

S.L. 1907, ch. 169, § 18; C.L. 1913, § 2695; R.C. 1943, § 36-0119; S.L. 1989, ch. 80, § 23; 1991, ch. 371, § 7; 1993, ch. 355, § 7; 1995, ch. 347, § 19.

36-01-20. Penalty for violation of chapter. [Repealed]

Repealed by omission from this code.

36-01-21. Definitions. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-01-22. Feeding garbage to swine.

No person may feed garbage to swine. As used in this section “garbage” means animal and vegetable waste matter resulting from the handling, preparation, cooking, and consumption of foods, including animal carcasses or parts of animal carcasses, except that dairy products from a licensed creamery or dairy is not considered garbage for the purposes of this section. This section does not apply to any person who feeds garbage from the person’s own household.

Source:

S.L. 1955, ch. 228, § 2; R.C. 1943, 1957 Supp., § 36-0122; S.L. 1989, ch. 80, § 24; 1989, ch. 425, § 8.

36-01-23. Application for permit. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-01-24. Revocation of permits. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-01-25. Cooking or other treatment. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-01-26. Inspection and investigation — Maintenance of records — Feeding plants. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-01-27. Enforcement of the act. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

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.

Source:

S.L. 1907, ch. 169, § 20; C.L. 1913, § 2697; R.C. 1943, § 36-0120; S.L. 1955, ch. 228, § 8; 1957 Supp., § 36-0128; S.L. 1975, ch. 106, § 370; 1989, ch. 80, § 29; 1989, ch. 425, § 9; 1999, ch. 317, § 10.

Cross-References.

Punishment for infraction, see N.D.C.C. § 12.1-32-01.

36-01-29. Monitored livestock feedlots — Rules — License.

The board may adopt rules for the establishment and maintenance by any person of a monitored livestock feedlot. Any person may, on compliance with the rules, obtain a license for the feedlot upon filing an application with the commissioner and upon the payment of an annual fee of fifty dollars to the commissioner. The fee must be deposited with the state treasurer in the general fund out of which, upon legislative appropriation, the veterinarian inspector’s fees and cost of administration must be paid. When licensed and in compliance with the rules for the maintenance of the monitored livestock feedlot, the licensee is authorized to confine and feed, in the feedlot, without vaccination for brucellosis and such other diseases as the board may specify, cattle to be sold only for slaughter or to another monitored feedlot.

Source:

S.L. 1959, ch. 275, § 1; 1963, ch. 201, § 6; 1989, ch. 80, § 30; 1995, ch. 347, § 20.

36-01-30. Feedlot registration — Rules — Penalty.

No person may operate a registered livestock feedlot without obtaining a registration number from the chief brand inspector. The board may adopt rules for the operation of feedlots registered for the enforcement of brand inspection rules. Applications for registration must be made upon forms as may be prescribed by the board and must be accompanied by a fee equal to the fee charged for brand recording. All fees and any inspection fees established by the board must be remitted regularly to the state treasurer for deposit in the North Dakota stockmen’s association fund. The board may adopt rules required for the purpose of assuring compliance with brand laws, availability of brand inspection certificates, and maintenance of proper records. A registration issued under this section may be revoked or suspended for violation of any law or any rule adopted by the board under this section. In addition, any person violating this section or any rule adopted by the board under this section is guilty of a class B misdemeanor. This section does not prohibit the operation of nonregistered feedlots.

Source:

S.L. 1965, ch. 243, § 1; 1975, ch. 106, § 371; 1989, ch. 80, § 31; 1989, ch. 425, § 11; 1995, ch. 347, § 21; 1999, ch. 318, § 1.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-01-31. Venomous reptiles — Possession — Permit — Penalty.

  1. Except in accordance with the terms of a permit issued under subsection 2, a person may not possess a live venomous reptile, as defined by the state veterinarian.
  2. The state veterinarian may issue a permit for the possession of a live venomous reptile only if, in the determination of the state veterinarian, the applicant seeking the permit demonstrates an educational purpose for and the ability to appropriately house, feed, care for, handle, and if necessary dispose of the reptile. For purposes of this subsection, an educational purpose includes research, and displays at schools, institutions of higher education, wildlife preserves, and zoos. The state veterinarian may establish the length of time for which each permit is valid.
  3. A person may not release in this state any reptile whose possession is prohibited by this section.
  4. A person who violates this section is guilty of a class B misdemeanor.

Source:

S.L. 2005, ch. 306, § 1.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-01-32. Duties — Animal tracking.

The board shall develop and maintain an animal tracking databases to assist with tracking animal movements for animal health purposes only. The information obtained and maintained in the databases is subject to open records laws as provided for in section 36-01-36.

Source:

S.L. 2007, ch. 302, § 1; 2019, ch. 284, § 1, effective April 9, 2019.

36-01-33. State board of animal health — Certification of livestock — Fees — Continuing appropriation.

    1. At the request of a livestock producer, the board shall provide inspection and verification services for the purpose of certifying that livestock have been or are being raised according to standards and protocols articulated by the producer.
    2. At the request of a livestock processor, the board shall provide inspection and verification services for the purpose of certifying that the meat products and manner of processing meet or exceed standards, descriptions, or specifications articulated by the processor.
    3. The board shall determine the nature and scope of the inspection and verification services necessary to provide the certification requested under this subsection.
  1. The board may establish and charge fees for the requested services. The board shall forward all moneys received under this section to the state treasurer for deposit in the agriculture commissioner’s operating fund.

Source:

S.L. 2009, ch. 296, § 1.

36-01-34. Restriction on importation of certain animals — Exception.

  1. The state board of animal health may restrict the importation and the sale or other distribution within the state of any domestic animal and any animal that is wild by nature, if the board has reason to believe that the animal may pose a threat to the health and well-being of this state’s human or animal population.
  2. The board may exempt, from any restriction imposed under subsection 1, the importation or sale of animals for bona fide scientific purposes, educational purposes, or temporary exhibitions.

Source:

S.L. 2013, ch. 260, § 1.

Effective Date.

This section became effective August 1, 2013.

36-01-35. Assistance in criminal investigations.

The board shall maintain and make available to any law enforcement agency a list of veterinarians who are licensed in this state and trained to provide assistance in any criminal investigation pertaining to this state’s animal laws.

Source:

S.L. 2013, ch. 260, § 2.

Effective Date.

This section became effective August 1, 2013.

36-01-36. Premises identification, animal identification, and animal tracking — Open records — Exception.

  1. The board shall maintain the confidentiality of information created, collected, or maintained by the state veterinarian for purposes of premises identification, animal identification, or animal tracking, including the name and address of the owner or lessee of the property where an animal found, is located.
  2. The information described in subsection 1 is not subject to section 44-04-18 and may not be disclosed unless:
    1. Every individual who is the subject of the information provides written consent to the release of information;
    2. The disclosure is authorized pursuant to federal law;
    3. The disclosure is necessary to provide a state or federal agency with information to assist in animal disease control or tracing an animal disease;
    4. The disclosure is to the attorney general or to law enforcement to assist in a criminal investigation;
    5. A court of competent jurisdiction orders the disclosure; or
    6. The disclosure is to provide the North Dakota stockmen’s association with information pursuant to section 4.1-72-05.
  3. A person violating this section is subject to the remedies set forth in section 44-04-21.2. For purposes of applying section 44-04-21.2, “public entity” includes any person that has contracted with the state for the provision of services related to a premises identification, animal identification, or animal tracking database program.

Source:

S.L. 2019, ch. 284, § 2, effective April 9, 2019.

CHAPTER 36-02 Veterinary Medicine and Surgery [Repealed]

[Repealed by S.L. 1963, ch. 314, § 19]

Note.

For present provisions, see N.D.C.C. ch. 43-29.

CHAPTER 36-03 Stallion Registration [Repealed]

[Repealed by S.L. 1955, ch. 222, § 1]

CHAPTER 36-04 Livestock Dealers [Repealed]

[Repealed by S.L. 2013, ch. 72, § 8]

Effective Date.

The repeal of this chapter by section 8 of chapter 72, S.L. 2013 became effective July 1, 2013.

Note.

See now N.D.C.C. ch. 4.1-83, Livestock Dealers.

36-04-01. Definitions. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-02. Restrictions on application of provisions of chapter. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-03. Dealer’s license required — Agent designation and licensure — Suitability for licensure — Liability of owner for agent’s acts. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-04. Application for license — Contents — Refusal to license — Suspension and revocation. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-05. Dealer to file bond with department — Additional bond may be required. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-05.1. Records release required with application for licensure. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-06. Amount of bonds. [Repealed]

Repealed by S.L. 1973, ch. 275, § 18.

36-04-07. Issuance of licenses — Fees — Term of license — Licenses not transferable. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-07.1. Notice — Nonsufficient funds checks. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-08. Transportation company or common carrier not to receive livestock or poultry for shipment from unlicensed dealer. [Repealed]

Repealed by S.L. 1973, ch. 275, § 18.

36-04-09. Disposition of fees — Inspections. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-09.1. Cease and desist authority. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-09.2. Investigation of dealers — Hearing conducted to determine whether license should be issued or revoked. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-10. Refusal or revocation of license. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-10.1. Unlawful acts. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-11. Hearing had before license revoked — Regulations governing — Appeal from order. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-11.1. Rules and regulations. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-12. Department to become trustee upon default in dealer’s bond. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-13. Application by department for appointment of trustee — Hearing — Appointment. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-14. Department to take possession of records and property as trustee — Notice to file claims — When claims barred. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-15. Maintenance of actions to marshall assets of insolvent dealer. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-16. Remedy of claimants — Separate action by claimant permissible. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-17. Appeal or compromising of action by the department. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-18. Moneys collected on claims to be deposited in Bank of North Dakota. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-19. Department to file report upon recovery of trust fund — Notice to claimants — Approving or modifying report. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-20. Attorney general to represent department and may employ assistants — Department need not pay court costs. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-04-21. Penalties — Criminal — Civil — Injunctions. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

CHAPTER 36-05 Livestock Auction Markets [Repealed]

Source:

Repealed by S.L. 2017, ch. 68, § 18, effective July 1, 2017.

36-05-01. Definitions. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0501; S.L. 1957, ch. 231, § 19; 1957 Supp., § 36-0501; S.L. 1959, ch. 276, § 1; 1985, ch. 392, § 1; 1999, ch. 317, § 11; 1999, ch. 321, § 6; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-02. Premises excluded from application of chapter. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0502; S.L. 1963, ch. 257, § 1; 1997, ch. 309, § 6; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-03. License requirements — Application — Fee — Commission schedule — Facilities. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0503; S.L. 1951, ch. 222, § 1; 1953, ch. 218, § 1; 1957, ch. 231, § 20; 1957, ch. 233, § 1; 1957 Supp., § 36-0503; S.L. 1959, ch. 276, §§ 2, 13; 1961, ch. 241, § 1; 1965, ch. 244, § 1; 1985, ch. 392, § 2; 1989, ch. 80, § 32; 1989, ch. 427, § 2; 1993, ch. 54, § 106; 1995, ch. 347, § 22; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-04. Bond to accompany application for license — Amount — Approval — Conditions — Exemptions. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0504; S.L. 1951, ch. 222, § 2; 1957, ch. 231, § 21; 1957 Supp., § 36-0504; S.L. 1959, ch. 276, § 3; 1961, ch. 241, § 2; 1965, ch. 245, §§ 1, 2; 1985, ch. 392, § 3; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-04.1. Records release required with application for licensure. [Repealed]

Source:

S.L. 1985, ch. 390, § 3; 1997, ch. 309, § 7; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-05. Expiration and renewal of license — Fee returned upon failure to issue or renew license. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0505; S.L. 1953, ch. 218, § 2; 1957, ch. 231, § 22; 1957 Supp., § 36-0505; S.L. 1959, ch. 276, § 4; 1961, ch. 241, § 3; 1985, ch. 392, § 4; 1991, ch. 374, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-06. Investigation of auction market — Hearing to determine whether license should be issued or revoked. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0506; S.L. 1957, ch. 231, § 23; 1957 Supp., § 36-0506; S.L. 1959, ch. 276, § 5; 1961, ch. 241, § 4; 1985, ch. 389, § 5; 1985, ch. 392, § 5; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-06.1. Cease and desist authority. [Repealed]

Source:

S.L. 1985, ch. 389, § 9; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-06.2. Injunctive authority. [Repealed]

Source:

S.L. 1985, ch. 389, § 11; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-07. Sanitary regulations of livestock auction market. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0507; S.L. 1959, ch. 276, § 6; 1989, ch. 80, § 33; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-08. Scales maintained by auction market to be inspected. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0508; S.L. 1959, ch. 276, § 7; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-09. Records to be kept by operator of auction market — Contents — Examination — Report. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0509; S.L. 1951, ch. 222, § 3; 1957, ch. 231, § 24; 1957 Supp., § 36-0509; S.L. 1959, ch. 276, § 8; 1961, ch. 241, § 5; 1985, ch. 392, § 6; 1989, ch. 80, § 34; 1995, ch. 347, § 23; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-09.1. Notice — Nonsufficient funds checks. [Repealed]

Source:

S.L. 1989, ch. 426, § 3; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-10. Inspection of livestock — Fees and rules governing. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0510; S.L. 1949, ch. 228, § 1; 1957, ch. 234, § 1; 1957 Supp., § 36-0510; S.L. 1959, ch. 276, § 9; 1963, ch. 201, § 7; 1969, ch. 321, § 1; 1979, ch. 187, § 69; 1989, ch. 80, § 35; 1995, ch. 347, § 24; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-10.1. Livestock unfit for sale. [Repealed]

Source:

S.L. 1999, ch. 317, § 12; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-11. Treatment administered to livestock before removal from auction market — Fees for inspection and treatment. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0511; S.L. 1959, ch. 276, § 10; 1987, ch. 417, § 2; 1989, ch. 80, § 36; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-11.1. Grievance committee. [Repealed]

Source:

S.L. 1987, ch. 417, § 1; 1989, ch. 80, § 37; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-12. Operator to warrant title to purchaser — Dispute in title of animal sold. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0512; S.L. 1957, ch. 231, § 25; 1957 Supp., § 36-0512; S.L. 1959, ch. 276, § 11; 1959, ch. 277, § 1; 1999, ch. 318, § 2; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-13. Use of fees — Grounds for refusal or revocation of license — Procedure on default of licensee. [Repealed]

Source:

S.L. 1941, ch. 9, § 1; R.C. 1943, § 36-0513; S.L. 1957, ch. 231, § 26; 1957 Supp., § 36-0513; S.L. 1959, ch. 276, § 12; 1961, ch. 241, § 6; 1985, ch. 389, § 7; 1985, ch. 392, § 7; 1989, ch. 80, § 38; 1995, ch. 347, § 25; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-13.1. Review by the court. [Repealed]

Source:

S.L. 1961, ch. 241, § 7; 1985, ch. 392, § 8; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-13.2. Unlawful acts. [Repealed]

Source:

S.L. 1997, ch. 309, § 8; 1999, ch. 317, § 13; 2009, ch. 80, § 16; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-14. Penalties — Criminal — Civil. [Repealed]

Source:

S.L. 1933, ch. 7, § 10; 1935, ch. 2, § 8; 1937, ch. 5, § 6; R.C. 1943, § 36-0514; S.L. 1975, ch. 106, § 374; 1997, ch. 309, § 9; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05-15. Public livestock markets or commission firms — Duplicate scale tickets. [Repealed]

Source:

S.L. 1959, ch. 273, § 1; 1975, ch. 106, § 375; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

CHAPTER 36-05.1 Satellite Video Livestock Auction Markets [Repealed]

Source:

Repealed by S.L. 2017, ch. 68, § 18, effective July 1, 2017.

36-05.1-01. Definitions. [Repealed]

Source:

S.L. 1989, ch. 428, § 1; 1999, ch. 321, § 7; 2001, ch. 314, § 1; 2013, ch. 261, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05.1-02. Satellite video livestock auction market and internet auction — Authority to transact business. [Repealed]

Source:

S.L. 1989, ch. 428, § 2; 2001, ch. 314, § 2; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05.1-03. Application for license — Contents. [Repealed]

Source:

S.L. 1989, ch. 428, § 3; 2001, ch. 314, § 3; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05.1-04. Use of fees — Grounds for refusal or revocation of license — Review by court. [Repealed]

Source:

S.L. 1989, ch. 428, § 4; 2001, ch. 314, § 4; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05.1-05. Inspection of livestock. [Repealed]

Source:

S.L. 1989, ch. 428, § 5; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05.1-06. Method of payment. [Repealed]

Source:

S.L. 1989, ch. 428, § 6; 2001, ch. 314, § 5; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-05.1-07. Sale of livestock by weight — Scales to be inspected. [Repealed]

Source:

S.L. 1989, ch. 428, § 7; 2001, ch. 314, § 6; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

CHAPTER 36-06 Purchase of Livestock by Packing Plants [Repealed]

Source:

Repealed by S.L. 2017, ch. 68, § 18, effective July 1, 2017.

36-06-01. Packing plant defined. [Repealed]

Source:

S.L. 1931, ch. 5, § 2; 1931, ch. 6, § 5; R.C. 1943, § 36-0601; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-06-02. Livestock purchased by weight to be graded — Penalty. [Repealed]

Source:

S.L. 1931, ch. 5, § 1; R.C. 1943, § 36-0602; S.L. 1975, ch. 106, § 376; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-06-03. Penalty for purchase of livestock by weight without grading the same. [Repealed]

Source:

S.L. 1931, ch. 5, § 3; R.C. 1943, § 36-0603; S.L. 1975, ch. 106, § 377; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-06-04. Livestock sold or purchased at packing plant to be weighed by licensed weighmaster — Duplicate scale ticket — Penalty. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

Cross-References.

Fees for inspecting livestock scales, see N.D.C.C. § 64-02-10.

36-06-05. Weighmaster’s license — By whom issued — Application — Bond — Renewal. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

36-06-05.1. Conviction not bar to licensure — Exceptions. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

36-06-06. Revocation of weighmaster’s license — Notice and hearing. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

36-06-07. Remuneration of weighmaster of packing plant paid by whom. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

36-06-08. Penalty for wrongful weighing or issuing of a false scale ticket. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

CHAPTER 36-07 Rendering Plants [Repealed]

Source:

Repealed by S.L. 2017, ch. 68, § 18, effective July 1, 2017.

36-07-01. License required to operate rendering plant. [Repealed]

Source:

S.L. 1941, ch. 19, § 1; R.C. 1943, § 36-0701; S.L. 1989, ch. 80, § 39; 1989, ch. 425, § 12; 1993, ch. 54, § 106; 1995, ch. 347, § 26; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-02. Inspection of establishment of applicant by state veterinarian. [Repealed]

Source:

S.L. 1941, ch. 19, § 2; R.C. 1943, § 36-0702; S.L. 1989, ch. 80, § 40; 1989, ch. 425, § 13; 1995, ch. 347, § 27; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-03. Granting of license — Fee — Term. [Repealed]

Source:

S.L. 1941, ch. 19, § 2; R.C. 1943, § 36-0703; S.L. 1989, ch. 80, § 41; 1989, ch. 425, § 14; 1995, ch. 347, § 28; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-04. Sanitary requirements of rendering establishment. [Repealed]

Repealed by S.L. 1975, ch. 304, § 1.

36-07-05. Disposal of waste and sewage from rendering plants. [Repealed]

Repealed by S.L. 1975, ch. 304, § 1.

36-07-06. Situation and conduct of rendering plants not to interfere with comfort or property of citizens. [Repealed]

Repealed by S.L. 1975, ch. 304, § 1.

36-07-07. Unloading chutes and vehicles used by rendering plant — Regulations governing. [Repealed]

Source:

S.L. 1941, ch. 19, § 5; R.C. 1943, § 36-0707; S.L. 1989, ch. 80, § 42; 1999, ch. 317, § 14; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-08. Removal of carcasses from vehicle — Prohibition. [Repealed]

Source:

S.L. 1941, ch. 19, § 6; R.C. 1943, § 36-0708; S.L. 1989, ch. 425, § 15; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-09. Operator of vehicle for plant to have certificate. [Repealed]

Source:

S.L. 1941, ch. 19, § 7; R.C. 1943, § 36-0709; S.L. 1989, ch. 80, § 43; 1989, ch. 425, § 16; 1995, ch. 347, § 29; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-10. Inspection of plant authorized. [Repealed]

Source:

S.L. 1941, ch. 19, § 8; R.C. 1943, § 36-0710; S.L. 1989, ch. 80, § 44; 1989, ch. 425, § 17; 1995, ch. 347, § 30; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-11. Rendering done by packing plants operating under federal inspection — Exception. [Repealed]

Source:

S.L. 1941, ch. 19, § 9; R.C. 1943, § 36-0711; S.L. 1961, ch. 242, § 1; 1989, ch. 80, § 45; 1989, ch. 425, § 18; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-12. Money collected — Where credited. [Repealed]

Source:

S.L. 1941, ch. 19, § 10; R.C. 1943, § 36-0712; S.L. 1945, ch. 231, § 1; 1957 Supp., § 36-0712; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-13. Restrictions on rebuilding and locating rendering plants. [Repealed]

Source:

S.L. 1941, ch. 19, § 11; R.C. 1943, § 36-0713; S.L. 1963, ch. 258, § 1; 1989, ch. 425, § 19; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-07-14. Penalty for violation of chapter. [Repealed]

Source:

S.L. 1941, ch. 19, § 12; R.C. 1943, § 36-0714; S.L. 1975, ch. 106, § 379; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

CHAPTER 36-08 Cooperative Grazing Associations

36-08-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:

  1. “Animal unit” means a cow, a bull, or a steer, or five sheep over six months of age on the first day of May of the year in which the age is being determined. Two horses are equivalent to three animal units. Animals not more than six months old on the first day of May of the year in which the age is being determined, and which are the natural increase of the permitted livestock, may not be counted.
  2. “Association” means a corporate or cooperative grazing association.
  3. “Cooperative grazing association” means a corporate or cooperative association mutually operated for the purpose of aiding in the conservation, restoration, improvement, development, and utilization of natural forage resources within any county or counties where a grazing area has been acquired for joint use by its members and for aiding in the restoration, conservation, improvement, development, and utilization of lands.
  4. “Cooperative grazing district” means and includes a grazing area controlled by a grazing association and utilized by its members for grazing purposes under such definite restrictions, regulations, and limitations by the association as contribute to the conservation, restoration, improvement, and development of the forage resources of such land.
  5. “District” means a corporate or cooperative grazing district.
  6. “Grazing area” means any area of land situated in any one or more counties in this state, which has been or may be acquired by purchase, lease, or otherwise by an association for grazing purposes or for the raising of forage crops.
  7. “Subdivision” means any portion or block of land situated within the outside boundaries of a district.

Source:

S.L. 1935, ch. 106, §§ 1, 2, 11; 1937, ch. 112, §§ 1, 2; 1941, ch. 116, § 2; R.C. 1943, § 36-0801; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0801; S.L. 1967, ch. 282, § 1.

Cross-References.

Agisters’ liens, see N.D.C.C. ch. 35-17.

Law Reviews.

Farmers’ Cooperatives: Obtaining and Maintaining the Tax Exempt Status of Section 521, 53 N.D. L. Rev. 519 (1977).

36-08-02. Powers of grazing association.

A nonprofit corporate or cooperative grazing association may be organized and operated under the general law governing corporate or cooperatives and this chapter, with the following additional power to:

  1. Lease from the United States or any of its departments, corporations, or agencies, or from this state or any of its departments or agencies, or from any county or political subdivision therein, or from any other person or association, lands for grazing purposes and for the purpose of raising forage crops.
  2. Purchase land and related property for grazing operations and for the purpose of raising forage crops.
  3. Apportion to members grazing rights within its district on such terms, conditions, and limitations, not in conflict with any of the provisions contained in any lease or leases made by the association with the county, state, or federal government, or any of its departments, boards, or agencies, as may be specified by the board of directors of the association.
  4. Issue grazing permits to nonmembers.
  5. Act as agent of, and cooperate with, the federal and state government or any department or agency thereof, in the conservation, restoration, improvement, development, and utilization of the forage resources in this state or for any other purpose, and to accept and use any funds provided by the federal or state government or any department or agency thereof.
  6. Borrow money directly from the United States or from any of its agencies or from any other person or persons on such terms and in such manner as may be determined by the board of directors, and to give such security therefor as the board of directors may authorize.

Source:

S.L. 1935, ch. 106, § 8; R.C. 1943, § 36-0812; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0802; S.L. 1967, ch. 282, § 2.

Notes to Decisions

Apportionment of Grazing Rights.

In a rancher’s suit against the county grazing association alleging the association diluted his grazing preference by issuing grazing preferences to individuals who originally did not own base property, the association did not act unreasonably by changing the rancher’s ranch from an inventory to a turn-in headquarters as there was evidence supporting the association’s finding that the rancher engaged in a willful and unauthorized grazing use. Dixon v. McKenzie County Grazing Ass'n, 2004 ND 40, 675 N.W.2d 414, 2004 N.D. LEXIS 51 (N.D. 2004), overruled in part, Strand v. Cass County, 2008 ND 149, 753 N.W.2d 872, 2008 N.D. LEXIS 150 (N.D. 2008).

Collateral References.

Adverse possession, grazing of livestock or gathering of natural crop as fulfilling traditional elements of, 48 A.L.R.3d 818.

Law Reviews.

Management of the National Grasslands, 78 N.D. L. Rev. 409 (2002).

36-08-03. Grazing association name.

The name of any cooperative grazing association organized and operating under this chapter or authorized to do business hereunder must include the words “grazing association”, and no other association may use such words in its name.

Source:

S.L. 1935, ch. 106, §§ 4, 6, 8, 12; 1937, ch. 112, § 3; 1941, ch. 116, § 1; R.C. 1943, § 36-0803; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0803.

36-08-04. Membership.

Any person may become a member of a corporate or cooperative grazing association if the person:

  1. Is an owner or lessee of land within the proposed boundaries or resides on the border of the grazing area within or without the county;
  2. Is engaged in the raising of livestock within the grazing area;
  3. Pays the membership fee;
  4. Subscribes to the bylaws; and
  5. Complies with the rules, regulations, and limitations determined by the board of directors of the association.

Any entrance, organization, or membership fee established by a grazing association may not exceed the sum of five dollars, and the amount which a member may be required to pay annually to assist in carrying on the business of the association may not exceed the sum of five dollars.

When any member disposes of land owned or leased by that member and upon which that member’s membership in the association and the grazing rights in the district are based, that member ceases to be a member of such association. If any member disposes of all or part of the land owned or leased by that member so that another individual or other individuals, by the purchase and ownership or transfer of the lease to such land, acquires a right to membership and to grazing rights, the rights and interests involved and the grazing rights of all the parties must be determined by the board of directors.

No member is liable for the debts of the association in an amount exceeding the sum remaining unpaid on that member’s membership fee, except for debts lawfully contracted between that member and the association.

Source:

S.L. 1935, ch. 106, § 8; R.C. 1943, § 36-0813; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0804; S.L. 1967, ch. 282, § 3.

36-08-05. Election of directors.

The association may establish through its bylaws various subdistricts within the grazing district. When subdistricts are so established, one director of the association must be elected from each subdistrict by the majority vote of the members therein who are eligible to vote. If subdistricts are not established by the association, one director must be elected from each congressional township in the district by the majority vote of the members in such township who are eligible to vote. However, at the discretion of the membership of the association, all directors may be elected at large.

Source:

S.L. 1935, ch. 106, §§ 4, 6, 8, 12; 1937, ch. 112, § 3; 1941, ch. 116, § 1; R.C. 1943, § 36-0803; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0805; S.L. 1961, ch. 243, § 1; 1967, ch. 282, § 4.

36-08-06. Articles of association.

Articles of association for grazing associations are subject to the general law governing cooperatives, and must also set forth whether the property and grazing rights and interests of each member of the association are equal or unequal, and if unequal, the general rule or rules applicable to all members by which:

  1. The property and grazing rights and interest of each member must be determined and fixed.
  2. New members may be admitted by the association.
  3. Such new members are entitled to share in the property of the association with the old members.

Source:

S.L. 1935, ch. 106, § 4; R.C. 1943, § 36-0804; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0806.

36-08-07. Animal units grazed.

No member of a cooperative grazing association is permitted to graze more than five hundred animal units during a full twelve-month period in any one year. A member may be permitted, however, to graze a correspondingly larger number for a shorter grazing period during each year.

Source:

S.L. 1935, ch. 106, § 11; 1941, ch. 116, § 2; R.C. 1943, § 36-0816; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0807.

36-08-08. Powers of directors.

Directors of a grazing association are subject to the general law governing directors of cooperatives, and may also:

  1. Make such regulations for the management and control of the affairs of the association and of the manner of utilization of grazing within its district not inconsistent with the terms, conditions, and limitations of leases covering lands contained therein.
  2. Apportion grazing rights within the district to members and in doing so it shall consider the following factors:
    1. The amount of winter feed that the member can raise on land owned or leased by the member situated in the district or on land situated within two miles [3.22 kilometers] of the outside boundary of the district.
    2. The dependence of the member on the grazing in the district.
    3. The amount of stock previously grazed by the member in the area where the district is located.
    4. The amount of grass that will be available for the stock of all the members of the association.
  3. Create subdivisions in the district and specify the kind and number of stock that may be permitted to graze in such subdivision.
  4. Determine the length of time during which the stock of any member may graze in the district or in any subdivision thereof.
  5. Determine grazing fees to be imposed on members or nonmembers on a per head basis for grazing rights.
  6. Grant to nonmembers grazing permits within such district when the amount of forage therein is greater than the needs of the members, but no such permits may be granted when such use is inconsistent with the terms of leases of county, state, or federal lands within the district or with a safe policy of forage conservation therein.
  7. Enter into leases on behalf of the association with any county or counties in which the district is located or with the state or federal government, or any departments or agencies thereof, or with other persons, for tracts of land within or contiguous to such district.
  8. Specify the breeds, quality, and number of male breeding animals which each member shall furnish when stock is grazed in a common pasture within the grazing district or in any subdivision thereof.
  9. Make rules and regulations governing the treatment, care, or removal of diseased animals and to prevent the spreading of any disease among the stock ranging in the district or in any subdivision thereof.
  10. Suspend or expel any member for failure or refusal to pay the member’s membership or grazing fees or to abide by or conform to the rules and regulations of the association or of its board of directors.
  11. Make rules and regulations governing the automatic suspension of the right of a member when the member ceases to be eligible to membership in the association, the manner of assignment and transfer of the interests of members, and the condition upon which, and the time when, membership of any member ceases.
  12. Set up such reserve for contingencies as in its judgment is advisable, after paying all costs, lease rentals, and other expenses.
  13. Enter into agreements, conform to regulations, or act in conjunction with the state or federal government or any department or agency thereof to bring about the conservation, restoration, improvement, development, and utilization of the forage resources in the district.

Source:

S.L. 1935, ch. 106, § 10; R.C. 1943, § 36-0818; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0808.

Notes to Decisions

Business Judgment Rule.

The business judgment rule applies to actions taken by a grazing association, and trial courts refrain from interfering with or regulating their directors’ conduct so long as it is in the reasonable and honest exercise of their judgment, which is in turn not influenced by personal consideration. Review of the trial court’s findings is governed by the clearly erroneous standard of N.D.R.Civ.P. 52(a). Dixon v. McKenzie County Grazing Ass'n, 2004 ND 40, 675 N.W.2d 414, 2004 N.D. LEXIS 51 (N.D. 2004), overruled in part, Strand v. Cass County, 2008 ND 149, 753 N.W.2d 872, 2008 N.D. LEXIS 150 (N.D. 2008).

36-08-09. Grazing district map.

Any cooperative grazing association organized under the provisions of this chapter, upon completion of its organization and incorporation, shall file with the recorder of the county and with the dean of the school of agriculture of the North Dakota state university of agriculture and applied science, a map or plat of the grazing district proposed to be created and the subdivisions therein. Whenever any incorporated grazing association shall enlarge or reduce the area included within its district, or change or modify its boundaries or subdivisions, it shall file with the recorder and the dean of the school of agriculture of the state university of agriculture and applied science a map or plat indicating such changed boundaries.

Source:

S.L. 1935, ch. 106, § 9; R.C. 1943, §§ 36-0810, 36-0811; S.L. 1957, ch. 105, § 3; 1957 Supp., § 36-0809; S.L. 2001, ch. 120, § 1.

36-08-10. Application of act to existing cooperatives. [Repealed]

Repealed by omission from this code.

CHAPTER 36-09 Brands and Marks [Repealed]

[Repealed by S.L. 2013, ch. 72, § 8]

Effective Date.

The repeal of this chapter by section 8 of chapter 72, S.L. 2013 became effective July 1, 2013.

Note.

See now N.D.C.C. ch. 4.1-73, Branding Livestock.

36-09-01. Office for recording brands. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-02. Application for exclusive use of brand or mark. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-02.1. Standards for recording brands or marks.

Repealed by S.L. 2013, ch. 72, § 8.

36-09-03. Exclusive use of brand or mark on poultry — How obtained. [Repealed]

Repealed by S.L. 2003, ch. 287, § 24.

Note.

Section 24 of chapter 287, S.L. 2003, repealed this section effective July 1, 2003.

36-09-04. Record of brands kept — Inspection of record — Certificate of brand ownership. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-05. Similar brands may not be recorded — Exception. [Repealed]

Repealed by S.L. 1989, ch. 429, § 5.

36-09-06. Cancellation of brand. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-07. Venting of brand upon sale of stock — How made — Prima facie evidence. [Repealed]

Repealed by S.L. 1949, ch. 229, § 4.

36-09-08. Official brandbooks to be presumptive evidence.

Repealed by S.L. 2013, ch. 72, § 8.

36-09-09. Cancellation of brands — Rerecording — Limitation on brands. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-09.1. Cancellation of brands — Updated rerecording — Limitation on brands. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-10. Failure to rerecord brand — Abandonment. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-11. Notice of expiration of brand to be given. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-12. Publication of notice. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-13. Recording and rerecording of brands — Fee. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-13.1. Use of unrecorded brand — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-14. Chief brand inspector to issue brandbook. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-15. Butcher to keep record of branded cattle slaughtered — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-16. Branding of stock running at large unlawful — Exception — Penalty. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

36-09-17. Defacing brands and unlawfully branding — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-18. Collection of fees — Discrimination prohibited. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-19. Effect of registered brand or mark — Bill of sale to be given and kept. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-20. Bill of sale to be given and kept — Copy with shipment — Effect — Penalty.

Repealed by S.L. 2013, ch. 72, § 8.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 73, S.L. 2013 became effective August 1, 2013.

36-09-20.1. False proof of ownership — Sale of livestock — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-20.2. Proof of ownership — Alteration or falsification — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-21. Penalty. [Repealed]

Repealed by omission from this code.

36-09-22. Sale of animal under false registration certificate — Changing marking — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-23. Transportation of livestock from state — Brand inspection — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-24. Police powers of chief brand inspector and fieldmen. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-25. Animal identification program — Administration. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-26. Brand inspection services — Out-of-state facilities. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-27. Reinspection request — Responsibility for costs. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-09-28. Premises and animal identification program — Open records — Exception. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

CHAPTER 36-10 Inspection of Livestock Shipments [Repealed]

[Repealed by S.L. 1975, ch. 106, § 673]

CHAPTER 36-11 Trespass of Livestock

36-11-01. Livestock running at large prohibited — Penalty.

No livestock may be permitted to run at large. Any owner or possessor of livestock who willfully permits the livestock to run at large through failure to maintain a lawful fence as provided in section 47-26-01, except in grazing area as provided in section 36-11-07, is guilty of a class B misdemeanor.

Source:

S.L. 1890, ch. 89, § 1; R.C. 1895, § 1549; R.C. 1899, § 1549; S.L. 1901, ch. 123, § 1; R.C. 1905, § 1933; S.L. 1913, ch. 178, § 1; C.L. 1913, § 2617; R.C. 1943, § 36-1101; S.L. 1967, ch. 283, § 1; 1975, ch. 106, § 385; 2003, ch. 288, § 2.

Cross-References.

Duty of owners or operators of railroad to construct fences, see N.D.C.C. § 49-11-24.

Penalty for Class B misdemeanor, see N.D.C.C. § 12.1-32-01.

Notes to Decisions

Duty of Stock Owner.

The spirit of the law is that some person shall be near enough to cattle to protect passers-by and adjacent property and also to protect cattle from passers-by; otherwise they are running at large. Armann v. Caswell, 30 N.D. 406, 152 N.W. 813, 1915 N.D. LEXIS 140 (N.D. 1915).

Evidence Sufficient.

N.D.C.C. § 47-26-01 required the wire of a legal fence to be fastened firmly to posts, and when cattle merely pushed against the wire and pushed the fence down, the wire was not fastened firmly to the posts, and the fence did not comply with N.D.C.C. § 47-26-01(5); therefore, the evidence was sufficient to convict defendant for willfully permitting livestock to run at large in violation of N.D.C.C. § 36-11-01. State v. Hatlewick, 2005 ND 125, 700 N.W.2d 717, 2005 N.D. LEXIS 164 (N.D. 2005).

Question for Jury.

Whether cattle were running at large was a question for the jury. Armann v. Caswell, 30 N.D. 406, 152 N.W. 813, 1915 N.D. LEXIS 140 (N.D. 1915).

Collateral References.

Liability for damage to motor vehicle or injury to person riding therein from collision with runaway horse, or horse left unattended or untied in street, 49 A.L.R.4th 653.

Liability for personal injury or death caused by trespassing or intruding livestock, 49 A.L.R.4th 710.

36-11-01.1. Livestock — Definition.

As used in this chapter, “livestock” includes bison, cattle, goats, horses, mules, sheep, and swine.

Source:

S.L. 2003, ch. 288, § 1.

36-11-02. Owner defined.

In any action brought under the provisions of this chapter, any person occupying or cultivating lands is considered the owner thereof.

Source:

C. Civ. P. 1877, § 748; R.C. 1895, § 6154; R.C. 1899, § 6154; R.C. 1905, § 7866; C.L. 1913, § 8501; R.C. 1943, § 36-1102.

36-11-03. Establishment of stock district — Petition. [Repealed]

Repealed by S.L. 1953, ch. 219, § 1.

36-11-04. Duty of board of county commissioners when petition is filed — Territory within cities, villages, and irrigation districts excluded. [Repealed]

Repealed by S.L. 1953, ch. 219, § 1.

36-11-05. Revocation of resolution establishing stock district — Petition required — When stock district may be reestablished. [Repealed]

Repealed by omission from this code.

36-11-05.1. Stock district termination. [Repealed]

Repealed by omission from this code.

36-11-06. Certain animals not to be permitted to run at large at any time — Penalty.

The owner or person in charge of any stallion, jack, boar, ram, bull, or any animal known to be vicious who negligently permits such animal to run at large is liable in a civil action to any person who is damaged, either directly or indirectly, by such violation for all damages resulting therefrom and is guilty of an infraction. The provisions of this section, however, do not prevent the keeping of any stallion, jack, bull, or ram with any herd or flock which is attended by a herder if such stallion, jack, bull, or ram is kept with such herd or flock by the herder.

Source:

S.L. 1890, ch. 67, §§ 1, 2; R.C. 1895, §§ 7635, 7636, 7638; R.C. 1899, §§ 7635, 7636, 7638; R.C. 1905, §§ 9405, 9406, 9408; S.L. 1913, ch. 178, § 1; C.L. 1913, §§ 2618, 10192, 10193, 10195; S.L. 1915, ch. 167, § 1; 1919, ch. 140, § 1; 1925 Supp., §§ 2618, 10193; S.L 1931, ch. 4, § 1; 1941, ch. 17, § 1; R.C. 1943, § 36-1106; S.L. 1975, ch. 106, § 386.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Collateral References.

Liability for personal injury or death caused by trespassing or intruding livestock, 49 A.L.R.4th 710.

Modern status of rule of absolute or strict liability for dogbite, 51 A.L.R.4th 446.

Liability for injuries caused by cat, 68 A.L.R.4th 823.

Intentional provocation, contributory or comparative negligence, or assumption of risk as defense to action for injury by dog, 11 A.L.R.5th 127.

36-11-07. Liability of owners of livestock injuring persons or property of others.

  1. The owner or possessor of any livestock that inflicts damage or injury to:
    1. Motor vehicles or their occupants upon a public highway within a grazing area in which proper signs, approved by the director of the department of transportation, indicating limited liability are posted at a point adjacent to the highway not less than two hundred feet [60.96 meters] nor more than four hundred feet [121.92 meters] from the entrance of the highway into the grazing area and so posted as to be plainly visible to individuals approaching the entrance; or
    2. The crops or other property of another or trespasses upon the lands or premises of another, where the damaged or injured crops, property, lands, or premises are located within a grazing area, except as provided in section 36-11-09, is not liable to any person sustaining damages or injury.
  2. For the purpose of this section, a “grazing area” means any area designated as a grazing area by a majority of the board of county commissioners, either upon the motion of one of the commissioners or upon presentation to the board of a petition signed by a majority of the real property owners and tenants in the area in which it is proposed that a grazing area be established. A grazing area must be used primarily for the purpose of grazing livestock and enclosed by a fence or other suitable means.
  3. Except as provided above, the owner or possessor of any livestock that inflicts damage to the crops or other property of another or which trespasses upon the lands of another, whether the lands are fenced or unfenced, is liable to the persons sustaining the injuries or to the owner of the lands for all damages suffered by the owner, together with the statutory costs of the action to recover damages, and a reasonable attorney’s fee allowed by the court.

Source:

C. Civ. P. 1877, § 747; S.L. 1883, ch. 115, § 1; R.C. 1895, § 6153; S.L. 1899, ch. 162, § 1; R.C. 1899, § 6153; S.L. 1901, ch. 197, § 1; R.C. 1905, § 7865; C.L. 1913, § 8500; S.L. 1919, ch. 140, § 3; 1925 Supp., § 2622a1; R.C. 1943, § 36-1107; S.L. 1961, ch. 244, § 1; 1977, ch. 310, § 1; 2003, ch. 288, § 3.

Notes to Decisions

Motor Vehicles.

Motor vehicles are not included under subsection (3), and a negligent standard applies for damage to motor vehicles outside a grazing area. Hassan v. Brooks, 1997 ND 150, 566 N.W.2d 822, 1997 N.D. LEXIS 154 (N.D. 1997).

Traveler on Highway.

The purpose of this enactment was to protect cattle-raising and agriculture; motorist had no cause of action by virtue of “Herd Law” but his rights and livestock owner’s duties were to be measured by the rule of due care; in order to recover for damage to vehicle from hitting an animal at large, motorist must show that livestock owner failed to use due care. Hennenfent v. Flath, 66 N.W.2d 533, 1954 N.D. LEXIS 107 (N.D. 1954).

Collateral References.

Highways: owner’s liability, under legislation forbidding domestic animals to run at large on highways, as dependent on negligence, 34 A.L.R.2d 1285.

Survival of action: statutory liability for physical injuries inflicted by animal as surviving defendant’s death, 40 A.L.R.2d 543.

Injunction to restrain repeated or continuing trespasses by livestock and fowls, 60 A.L.R.2d 310.

Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 132.

Liability of owner or operator of vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 159.

Liability of owner of animal for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 29 A.L.R.4th 431.

Liability for damage to motor vehicle or injury to person riding therein from collision with runaway horse, or horse left unattended or untied in street, 49 A.L.R.4th 653.

Liability for personal injury or death caused by trespassing or intruding livestock, 49 A.L.R.4th 710.

36-11-08. Trespass and injury to property — Liability of owner of trespassing goats, sheep, and swine. [Repealed]

Repealed by S.L. 1977, ch. 310, § 3.

36-11-09. Action permitted when livestock breaks through lawful fence.

Any person owning or having charge of any livestock that goes through, over, or under any lawful fence is liable for all resulting damages. Any livestock that goes through, over, or under a lawful fence is deemed trespassing livestock for the purposes of this chapter.

Source:

S.L. 1895, ch. 69, §§ 8, 9; R.C. 1895, § 1555; R.C. 1899, § 1555; R.C. 1905, § 1940; C.L. 1913, § 2624; R.C. 1943, § 36-1109; S.L. 2003, ch. 288, § 4.

Cross-References.

Cattle guards on highways, see N.D.C.C. ch. 24-10.

Closing fence gates, see N.D.C.C. ch. 47-27.

Fencing railroad right of way, see N.D.C.C. §§ 49-11-24 to 49-11-31.

Partition fences, see N.D.C.C. ch. 47-26.

Notes to Decisions

Sufficiency of Fence.

In an action for damages against the owner of ranging stock, a party must show that his property was secured against the intrusion of animals by a fence deemed in law sufficient to exclude them. Johnson v. Rickford, 18 N.D. 268, 122 N.W. 386, 1909 N.D. LEXIS 44 (N.D. 1909).

36-11-10. Trespassing livestock may be distrained — Notice to owner — Security for release.

  1. The person suffering damages by reason of the trespass of any livestock may take up the offending livestock. The person suffering damages shall notify the owner, or the person in possession of the livestock at the time of the trespass, of the seizure of the livestock without unnecessary delay, if the owner or person in possession is known to the person suffering damages and is a resident of, and present within, the county in which the trespass occurred. The person suffering damages may retain the livestock in that person’s custody until:
    1. The damages sustained by reason of the trespass and the costs in the action to recover the damages have been paid; or
    2. Good and sufficient security for the payment of the damages and costs is given, provided the security is approved by a district judge serving the county in which the livestock is taken up.
  2. If the owner of the offending livestock elects to give security, the owner shall give to the person holding the livestock notice that security will be given and the date and hour when the security will be submitted to the district judge for approval. The notice must be given at least one day before the date set for the submission of the security to the judge. The cost of serving notices required under this section may be taxed as costs in the action.
  3. Where applicable, the provisions of section 36-11-07 may be raised as an affirmative defense in any proceedings under this section, and the owner or person entitled to possession of the livestock may apply to a court of competent jurisdiction for the return of the livestock. If the court finds that the livestock has been wrongfully distrained, the person who causes the livestock to be wrongfully distrained is liable for all damages suffered by the owner or person entitled to possession of the livestock, together with the costs of the action and reasonable attorney’s fees.

Source:

C. Civ. P. 1877, § 750; S.L. 1895, ch. 69, §§ 10, 11; R.C. 1895, §§ 1556, 6156; S.L. 1899, ch. 161, § 1; R.C. 1899, §§ 1556, 6156; R.C. 1905, §§ 1942, 1943, 7868; C.L. 1913, §§ 2626, 2627, 8503; R.C. 1943, § 36-1110; S.L. 1977, ch. 310, § 2; 1981, ch. 320, § 91; 1991, ch. 326, § 141; 2003, ch. 288, § 5.

36-11-11. Procedure when security given.

When security for the payment of damages and costs is approved by the district judge, the judge shall issue an order directed to the person holding the livestock to deliver the livestock to the person entitled to the livestock, and the officer receiving the order shall take the livestock and deliver it to the person. The cost of the proceedings may be charged as a part of the costs in the action to determine the rights of the parties regarding the livestock distrained for the trespass.

Source:

C. Civ. P. 1877, § 750; R.C. 1895, § 6156; S.L. 1899, ch. 161, § 1; R.C. 1899, § 6156; R.C. 1905, § 7868; C.L. 1913, § 8503; R.C. 1943, § 36-1111; S.L. 1981, ch. 320, § 92; 1991, ch. 326, § 142; 2003, ch. 288, § 6.

36-11-12. Notice of damages to owner of livestock before action is commenced.

Before commencing any action for damages caused by the trespass of any livestock, the person sustaining damages, if the person knows to whom the livestock belongs and the owner is a resident of, and is present in, the county in which the trespass occurred, shall notify the owner, or the person having the livestock in charge, of the nature and extent of the damage.

Source:

C. Civ. P. 1877, § 749; S.L. 1895, ch. 69, §§ 10, 11; R.C. 1895, §§ 1556, 6155; R.C. 1899, §§ 1556, 6155; R.C. 1905, §§ 1942, 7867; C.L. 1913, §§ 2626, 8502; R.C. 1943, § 36-1112; S.L. 2003, ch. 288, § 7.

36-11-13. When action for trespass of livestock must be commenced.

A party claiming damage for trespass of livestock under this chapter shall bring an action to recover the same within:

  1. Sixty days after the infliction of the damage if the offending livestock have been distrained by the person who has been damaged and a lien is sought to be impressed upon livestock for the amount of damages.
  2. Six years after the infliction of the damage if the offending livestock have not been distrained by the person who has been damaged and no lien is sought to be impressed upon the livestock for the amount of damages.

Source:

C. Civ. P. 1877, § 747; S.L. 1883, ch. 115, § 1; 1895, ch. 69, § 17; R.C. 1895, §§ 1562, 6153; S.L. 1899, ch. 162, § 1; R.C. 1899, §§ 1562, 6153; S.L. 1901, ch. 197, § 1; R.C. 1905, §§ 1949, 7865; C.L. 1913, §§ 2633, 8500; R.C. 1943, § 36-1113; S.L. 2003, ch. 288, § 8.

Notes to Decisions

Application of Section.

The sixty-day limitation does not apply to an action by a landlord against his tenant to recover damages for breach of a covenant in a lease that the tenant would not pasture his stock upon irrigated lands, in which action the landlord claims no lien on the trespassing animals. Black v. La Porte, 271 F. 620, 1921 U.S. App. LEXIS 1851 (8th Cir. N.D. 1921).

36-11-14. Procedure when keeper or owner of trespassing livestock is unknown.

If the person suffering damage because of the trespass of livestock which has been taken up under this chapter does not know the name of the owner or keeper of the livestock, the person may bring an action against an unknown defendant. In such case, service must be made by publication of a copy of the summons, with a notice attached, stating the nature of the action, in at least one issue of a legal newspaper if one is published within the county, and if not, by posting copies of the summons and notice in three public places within the county. The publication or posting must be made at least ten days before the date of the trial. If it appears on the trial of any action brought to recover damages arising from the trespass of livestock that the person named in the action and upon whom the summons was served is not the owner or person in charge of the offending livestock, the action must be dismissed as to that person, and service must be made, and the action must proceed, as in a case in which the name of the owner or keeper of the offending livestock is unknown.

Source:

C. Civ. P. 1877, § 752; S.L. 1895, ch. 69, § 13; R.C. 1895, §§ 1558, 6158; R.C. 1899, §§ 1558, 6158; R.C. 1905, §§ 1945, 7870; C.L. 1913, §§ 2629, 8505; R.C. 1943, § 36-1114; S.L. 2003, ch. 288, § 9.

36-11-15. Proof on trial of action for trespass of livestock.

Upon the trial of an action brought under this chapter, the plaintiff shall prove:

  1. The amount of damage sustained by the plaintiff by reason of the trespass; and
  2. If the plaintiff has distrained the livestock committing the trespass, the amount of expense incurred in distraining and keeping the livestock.

Source:

C. Civ. P. 1877, § 751; S.L. 1895, ch. 69, § 12; R.C. 1895, §§ 1557, 6157; R.C. 1899, §§ 1557, 6157; R.C. 1905, §§ 1944, 7869; C.L. 1913, §§ 2628, 8504; R.C. 1943, § 36-1115; S.L. 2003, ch. 288, § 10.

36-11-16. Judgment for plaintiff is lien on livestock.

Any judgment rendered for damages against the defendant in an action brought under this chapter is a lien upon the livestock committing the trespass if the livestock were distrained by the plaintiff, and the livestock may be sold as in other cases of sale of personal property on execution, and the proceeds of the sale applied to the satisfaction of the judgment, and the livestock are not exempt from seizure and sale upon execution.

Source:

C. Civ. P. 1877, §§ 747, 751; S.L. 1883, ch. 115, § 1; 1895, ch. 69, §§ 12, 17; R.C. 1895, §§ 1557, 1562, 6153, 6157; S.L. 1899, ch. 162, § 1; R.C. 1899, §§ 1557, 1562, 6153, 6157; S.L. 1901, ch. 197, § 1; R.C. 1905, §§ 1944, 1949, 7865, 7869; C.L. 1913, §§ 2628, 2633, 8500, 8504; R.C. 1943, § 36-1116; S.L. 2003, ch. 288, § 11.

36-11-17. Collection of judgment against unknown defendant — Disposition of surplus.

After a judgment has been rendered against an unknown defendant as provided in section 36-11-14, the livestock, or so many of them as may be necessary, must be sold in the same manner as personal property is sold upon execution. Any surplus remaining from the sale after the judgment and the costs in the action have been paid must be paid to the county treasurer for the benefit of the owner, and if the owner does not appear and claim the surplus within six months, it must be paid into the common schools trust fund for the use of the public schools.

Source:

C. Civ. P. 1877, § 753; S.L. 1895, ch. 69, § 14; R.C. 1895, §§ 1559, 6159; R.C. 1899, §§ 1559, 6159; R.C. 1905, §§ 1946, 7871; C.L. 1913, §§ 2630, 8506; R.C. 1943, § 36-1117; S.L. 2003, ch. 288, § 12.

36-11-18. When judgment of original court final — Right to trial by jury.

In all actions brought under this chapter, if the amount of damages claimed does not exceed twenty-five dollars, the judgment of the court having original jurisdiction is final. Either party to the action may have a jury trial upon demand.

Source:

S.L. 1895, ch. 69, § 16; R.C. 1895, § 1561; R.C. 1899, § 1561; R.C. 1905, § 1948; C.L. 1913, § 2632; R.C. 1943, § 36-1118; S.L. 2003, ch. 288, § 13.

36-11-19. Taking livestock distrained — Penalty.

Every person who, except by due course of law, takes, advises, or assists in the taking of any livestock distrained and held by virtue of this chapter, from the possession of the person having the livestock, without the consent of the person holding the livestock, is guilty of a class B misdemeanor.

Source:

S.L. 1895, ch. 69, § 15; R.C. 1895, § 1560; R.C. 1899, § 1560; R.C. 1905, § 1947; C.L. 1913, § 2631; R.C. 1943, § 36-1119; S.L. 1975, ch. 106, § 387; 2003, ch. 288, § 14.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-11-20. Sheriff to return or impound livestock running at large — Expenses to be paid by owner.

In the event of a complaint by anyone suffering injury or damages or likely to suffer injury or damages as a result of livestock running at large contrary to section 36-11-01, the sheriff of the county in which the livestock may be found shall return the livestock to the owner or impound the livestock and dispose of them as estrays under chapter 4.1–75. The expenses incurred by the sheriff or the sheriff’s agents in performing the duties required in this section must be paid by the owner of the livestock. If the owner cannot be found, the sheriff’s expense must be recovered from proceeds remaining after the disposal of the livestock as estrays.

Source:

S.L. 1957, ch. 236, §§ 1, 2; R.C. 1943, 1957 Supp., § 36-1120; S.L. 2003, ch. 288, § 15.

CHAPTER 36-12 Herding and Driving

36-12-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:

  1. “Drover” means any person having charge or control of any herd of neat cattle, horses, or mules numbering five or more, or any flock of sheep numbering twenty-five or more, as owner, agent, or employee, while the same are being driven from one place to another not within the same range or neighborhood.
  2. “Herder” means any person having charge or control of any herd or flock as provided in subsection 1, while such herd or flock is subsisting on any public or other rangeland to which the person has no right of possession, whether or not such person is personally present with such herd.
  3. “Stock grower” means any person who keeps neat cattle, horses, mules, sheep, swine, or goats for their growth or increase within this state.

Source:

S.L. 1881, ch. 60, § 1; R.C. 1895, § 1544; S.L. 1897, ch. 69, § 1; R.C. 1899, §§ 1544, 1544a; R.C. 1905, §§ 1923, 1924; C.L. 1913, §§ 2607, 2608; R.C. 1943, § 36-1201.

36-12-02. Enticing or driving animals away prohibited — Duties of drover or herder.

No drover or herder, or assistant of either, may drive or entice away, without the consent of the owner thereof, any animal from the premises of such owner or from the range or other place usually frequented by such animal, nor may such a person suffer any such animal to be driven or enticed away, or to follow, join, or remain with that person’s herd or flock. In order to prevent any animal belonging to another person from being driven or enticed away or from following, joining, or remaining with such herd, the drover or herder shall deliver such animal without delay to the owner thereof, if known, or if the owner is unknown, to a resident of the neighborhood or to a peace officer of the county, who shall return it to the owner or dispose of it as an estray as provided in this title.

Source:

S.L. 1897, ch. 69, § 2; R.C. 1899, § 1544b; R.C. 1905, § 1925; C.L. 1913, § 2609; R.C. 1943, § 36-1202.

36-12-03. Animals of drover to be branded — Requirements governing.

Every drover shall have all animals in the drover’s charge or control branded or marked with one uniform brand or mark. Each horse, mule, and head of cattle in the drover’s charge or custody must be branded in a conspicuous place with one distinct ranch or road brand of the owner. All sheep in a drover’s charge or custody must be marked distinctly with a mark or device sufficient to distinguish the same readily from other sheep.

Source:

S.L. 1895, ch. 50, §§ 1 to 3; R.C. 1895, § 1563; S.L. 1897, ch. 69, § 3; R.C. 1899, §§ 1544c, 1563; R.C. 1905, §§ 1926, 1950; C.L. 1913, §§ 2610, 2634; R.C. 1943, § 36-1203.

36-12-04. Finding of animal of another in herd or flock as presumptive evidence.

Whenever it is shown that any animal of a kind mentioned in this chapter:

  1. Has been found in a herd or flock of the same kind of animals;
  2. Is not a part of such herd or flock; and
  3. Is in such herd or flock without the consent of the owner of such animal,

such facts are presumptive evidence of a violation of the provisions of section 36-12-02 by each drover, herder, or assistant drover or herder having charge or control of such herd or flock at the time of the finding of such animal. Evidence of such facts is admissible in any action brought under the provisions of this chapter.

Source:

S.L. 1897, ch. 69, § 4; R.C. 1899, § 1544c; R.C. 1905, § 1926; C.L. 1913, § 2610; R.C. 1943, § 36-1204.

36-12-05. Damages for violation of provisions — Judgment and costs to constitute a lien.

Every person violating any of the restrictions or requirements prescribed in section 36-12-02 is responsible to each person injured thereby to the extent of the injured person’s damages, which damages include the reasonable expenses incurred in searching for and recovering the animal found in the herd or flock. If judgment is recovered for such damages, such judgment and costs are enforceable as a lien upon the interest of the defendant in the animals constituting such herd or flock.

Source:

S.L. 1897, ch. 69, § 5; R.C. 1899, § 1544d; R.C. 1905, § 1927; C.L. 1913, § 2611; R.C. 1943, § 36-1205.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-12-06. Penalty.

Any person who violates any provision of this chapter is guilty of an infraction.

Source:

S.L. 1895, ch. 50, § 4; R.C. 1895, § 1564; S.L. 1897, ch. 69, § 6; R.C. 1899, §§ 1544e, 1564; R.C. 1905, §§ 1928, 1951; C.L. 1913, §§ 2612, 2635; R.C. 1943, § 36-1206; S.L. 1975, ch. 106, § 388.

CHAPTER 36-13 Estrays [Repealed]

[Repealed by S.L. 2013, ch. 72, § 8]

Effective Date.

The repeal of this chapter by section 8 of chapter 72, S.L. 2013 became effective July 1, 2013.

Note.

See now N.D.C.C. ch. 4.1-75, Estrays.

36-13-01. Estrays — Possession. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-13-02. Estrays — Notification of chief brand inspector. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-13-03. Sale of unclaimed estray — Records. [Repealed]

Repealed by S.L. 2003, ch. 287, § 24.

Note.

Section 24 of chapter 287, S.L. 2003, repealed this section effective July 1, 2003.

36-13-03.1. Alternate disposition of estray. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-13-04. Claiming estrays. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-13-05. Lawful charges. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-13-06. Liability for failure to give proper notice. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-13-07. Liability for death, theft, or escape of estray. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-13-08. Taking up estray — Compliance with chapter — Penalty. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

CHAPTER 36-14 Contagious and Infectious Diseases Generally

36-14-00.1. Definitions.

In this chapter, unless the context otherwise requires:

  1. “Animals” means alpaca, bison, bovine animals, farmed elk, goats, horses, llamas, sheep, swine, and nontraditional livestock.
  2. “Board” means the state board of animal health.

Source:

S.L. 2001, ch. 316, § 1.

36-14-01. Sale or gift of animal infected with contagious or infectious disease prohibited — Exception — Notice.

No person may sell, give away, or in any manner part with any animal infected with or suspected of being infected with any contagious or infectious disease, except as may be provided otherwise by the rules of the state board of animal health. If any animal is known to have been infected with or exposed to any such disease within one year prior to such disposal, due notice of such fact must be given in writing to the person receiving the animal.

Source:

S.L. 1891, ch. 125, § 10; 1895, ch. 35, § 11; R.C. 1895, § 1604; R.C. 1899, § 1604; R.C. 1905, § 2005; S.L. 1909, ch. 162, § 1; 1913, ch. 204, § 1; C.L. 1913, § 2698; S.L. 1919, ch. 179, § 1; 1925 Supp., § 2698; R.C. 1943, § 36-1401; S.L. 1989, ch. 80, § 47.

Notes to Decisions

Effect of Uniform Commercial Code.

Pursuant to N.D.C.C. § 41-02-02, the provisions of N.D.C.C. ch. 41-02 are subordinate to and do not preempt the rights and remedies provided by chapter 36-14 for the buyers of diseased cattle. Olson v. Molacek Bros., 341 N.W.2d 375, 1983 N.D. LEXIS 431 (N.D. 1983).

Collateral References.

Constitutionality of statute or ordinance providing for destruction of diseased animal, 56 A.L.R.2d 1024.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.

Extent of liability of seller of livestock infected with communicable disease, 14 A.L.R.4th 1096.

36-14-02. Killing of infected animal for human consumption prohibited — Exception — Stamping of infected meat. [Repealed]

Repealed by S.L. 1993, ch. 358, § 2.

36-14-03. Animals infected with contagious or infectious disease to be confined and isolated from other animals.

The owner, agent, or person having in charge any animal infected or suspected of being infected with any contagious disease shall confine the animal immediately in a safe place isolated from all other animals with all necessary restrictions to prevent the dissemination of the disease until the arrival of the state veterinarian.

Source:

S.L. 1891, ch. 125, § 10; 1895, ch. 35, § 11; R.C. 1895, § 1604; R.C. 1899, § 1604; R.C. 1905, § 2005; S.L. 1909, ch. 162, § 1; 1913, ch. 204, § 1; C.L. 1913, § 2698; S.L. 1919, ch. 179, § 1; 1925 Supp., § 2698; R.C. 1943, § 36-1403; S.L. 1989, ch. 80, § 49; 1995, ch. 347, § 31.

36-14-04. Horses, mules, and asses imported into state to have certificate of veterinary inspection. [Repealed]

Repealed by S.L. 1999, ch. 317, § 28.

36-14-04.1. Animals imported into state to have certificate of veterinary inspection — Exception.

  1. Except as otherwise provided by this chapter or by rule, all domestic animals and nontraditional livestock brought into this state must be accompanied by a certificate of veterinary inspection certifying that the animals are free from symptoms of all contagious and infectious diseases, and that the animals meet disease testing and vaccination requirements prescribed by rule. Animals originating in other countries must be tested for diseases, as determined by the board, until a risk assessment is completed for the disease. If the board determines that an unacceptable risk exists, the board may deny entry, require additional testing, or require a vaccination.
  2. The requirement for a certificate of veterinary inspection is waived for cattle, sheep, bison, and swine originating directly from a producer’s premises and not diverted en route, if the waiver is approved by the state veterinarian and the cattle, sheep, bison, or swine are delivered for sale directly to a licensed auction market or other premises approved by the state veterinarian.
  3. The board may require certification indicating that animals entering this state from a foreign country and intended for human consumption have not been treated with drugs that are disallowed under federal law for use in animals intended for human consumption.
  4. The board may adopt rules to implement this section.

Source:

S.L. 1999, ch. 317, § 15; 2003, ch. 293, § 1.

DECISIONS UNDER PRIOR LAW

Analysis

Cattle Outside of State for Short Period of Time.

Where cattle were taken from North Dakota to South Dakota, where they were retained in isolated, federally inspected pens for less than 48 hours and then returned to North Dakota, it was a violation of this section to return the cattle to North Dakota without a health certificate. State v. Rohweder, 305 N.W.2d 25, 1981 N.D. LEXIS 273 (N.D. 1981).

Ownership of Cattle.

Ownership of the cattle is not an element of the offense charged for violation of this section. State v. Rohweder, 305 N.W.2d 25, 1981 N.D. LEXIS 273 (N.D. 1981).

36-14-05. Cattle brought into state — Certificate of veterinary inspection required. [Repealed]

Repealed by S.L. 1999, ch. 317, § 28.

36-14-06. Certificate of veterinary inspection required of sheep imported into state — Contents. [Repealed]

Repealed by S.L. 1999, ch. 317, § 28.

36-14-07. Swine brought into state to have certificate of veterinary inspection — Contents. [Repealed]

Repealed by S.L. 1999, ch. 317, § 28.

36-14-08. Immunization of swine to be exhibited at fairs. [Repealed]

Repealed by S.L. 1961, ch. 245, § 1.

36-14-09. Living hog cholera virus and vaccines — Purchase, possession, or use of living hog cholera virus and vaccines prohibited — Penalty.

The purchase, possession, or use of living hog cholera virus and vaccines by any person, including all licensed veterinarians, is unlawful except by written permit issued by the state veterinarian. Any person violating this section is guilty of a class B misdemeanor.

Source:

S.L. 1935, ch. 6, § 1; R.C. 1943, § 36-1409; S.L. 1955, ch. 226, § 1; 1957 Supp., § 36-1409; S.L. 1963, ch. 260, § 1; 1975, ch. 106, § 390; 1995, ch. 347, § 35.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-14-10. Shipments of animals for immediate slaughter.

Shipments into this state of animals for immediate slaughter may be permitted without a certificate of veterinary inspection only if the animals are not diverted en route and are delivered directly to a slaughtering establishment approved by the agriculture commissioner.

Source:

S.L. 1911, ch. 181, § 5; C.L. 1913, § 2762e; R.C. 1943, § 36-1410; S.L. 1965, ch. 251, § 1; 1989, ch. 80, § 53; 1989, ch. 425, § 24; 1995, ch. 347, § 36; 1999, ch. 317, § 16.

36-14-11. Certificates of veterinary inspection issued by whom — Tests made by whom — Rules governing.

All certificates of veterinary inspection required under the provisions of this chapter must be issued, and all tests must be made, by a federal or state veterinarian or a deputy state veterinarian, or by a graduate veterinarian whose inspections and tests are endorsed by the officer in charge of the state board of animal health work in the state where the inspection or test is made, and subject to the rules of the state board of animal health. All such tests must conform to the standard tests of the United States department of agriculture. All serums used must be manufactured or approved by the United States department of agriculture.

Source:

S.L. 1911, ch. 181, § 6; C.L. 1913, § 2762f; S.L. 1915, ch. 182, § 5; 1925 Supp., § 2762f; R.C. 1943, § 36-1411; S.L. 1989, ch. 80, § 54; 1989, ch. 425, § 25.

Cross-References.

Insecticides and fungicides, regulation of sale, see N.D.C.C. ch. 19-18.

Livestock medicine, regulation governing, see N.D.C.C. ch. 19-14.

36-14-12. Requirements governing the issuance of certificates.

The certificate certifying to a test made under this chapter must be made on official federal or state blanks and must accompany the shipment to its destination. When an original certificate is made, two copies of the certificate must be mailed immediately to the state veterinarian. The failure of a veterinarian to mail two copies of each certificate relating to livestock to be shipped into this state to the state veterinarian is sufficient cause to refuse acceptance of any more certificates from that person. The owner or owners of the livestock must have a copy of the certificate to show on the demand of any federal or state official.

Source:

S.L. 1911, ch. 181, § 8; C.L. 1913, § 2762h; S.L. 1915, ch. 182, § 6; 1925 Supp., § 2762h; R.C. 1943, § 36-1412; S.L. 1989, ch. 80, § 55; 1989, ch. 425, § 26; 1995, ch. 347, § 37.

36-14-12.1. Notice of condemnation of diseased animal — Animal to be destroyed within fifteen days — Extension of time.

Whenever any animal has been adjudged by the board to be diseased, the board or its authorized agent shall serve a written notice of its decision upon the owner or keeper of the animal before the condemned animal is killed. The animal must be destroyed within fifteen days after notice of condemnation, in either a federally inspected or state-inspected slaughtering plant, or under the supervision of an agent of the board. The fifteen-day period may be extended by the state veterinarian if the state veterinarian determines it advisable due to the circumstances involved in each case. The extension must be in writing. The notice must advise the animal’s owner or keeper of that person’s right to protest against the diagnosis and determination of the board within twenty-four hours after the service of the notice upon the owner or keeper. If no protest is made within that time by the owner or keeper of the condemned animal, the animal must be appraised in the manner provided in this chapter.

Source:

S.L. 2001, ch. 316, § 2.

36-14-13. Issuance of certificate of veterinary inspection by unauthorized person — Penalty.

Any person who issues a certificate of veterinary inspection for livestock within this state without being authorized so to do by the state board of animal health or by the United States department of agriculture is guilty of a class B misdemeanor.

Source:

S.L. 1911, ch. 180, §§ 1, 2; C.L. 1913, §§ 2760a, 2760b; R.C. 1943, § 36-1413; S.L. 1975, ch. 106, § 391; 1989, ch. 80, § 56; 1989, ch. 425, § 27.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-14-14. Certificate of health required on sale of purebred cattle and nonregistered bulls for breeding purposes. [Repealed]

Repealed by S.L. 1965, ch. 254, § 1.

36-14-15. Duty of state’s attorney to bring actions for violation of chapter — Notice.

If livestock is brought into this state in violation of this chapter or contrary to any rule of the state board of animal health, the state veterinarian or other accredited agent of the commissioner shall notify the state’s attorney of the county into which the livestock has been brought. Immediately upon receiving the notice, the state’s attorney shall bring an action against any person charged with bringing, transporting, or importing livestock contrary to this chapter or any rule of the state board of animal health.

Source:

S.L. 1911, ch. 181, § 9; C.L. 1913, § 2762i; S.L. 1915, ch. 182, § 7; 1925 Supp., § 2762i; R.C. 1943, § 36-1415; S.L. 1989, ch. 80, § 57; 1993, ch. 54, § 106; 1995, ch. 347, § 38.

Notes to Decisions

Venue.

A charge of bringing cattle into this state without a required health certificate in violation of former section 36-14-05 may be tried in any county through which or to which the person charged brings the cattle; where defendant so charged, who did not do the actual transporting but was an accomplice, arranged for the transportation of the cattle from South Dakota into McIntosh County of this state, and then arranged for the transportation of the cattle from McIntosh County into Sheridan County, trial for the offense was properly venued in Sheridan County. State v. Rohweder, 305 N.W.2d 25, 1981 N.D. LEXIS 273 (N.D. 1981).

36-14-16. Failure to restrain infected sheep — Penalty.

Every person who owns or has in charge any sheep infected with scab or other infectious or contagious disease and who:

  1. Does not keep such sheep securely within some enclosure; or
  2. Drives or permits any such sheep to be driven upon any public highway, or within the distance of one mile [1.61 kilometers] from any such highway, or within the distance of six miles [9.66 kilometers] from any farm, corral, shed, or other established headquarters where sheep are kept or herded,

is guilty of a class B misdemeanor.

Source:

S.L. 1887, ch. 33, §§ 1, 2; R.C. 1895, § 7332; R.C. 1899, § 7332; R.C. 1905, § 9073; C.L. 1913, § 9792; R.C. 1943, § 36-1416; S.L. 1975, ch. 106, § 392.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-14-17. Refusing to allow examination of sheep is misdemeanor. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

36-14-18. Willfully spreading infection of sheep is a felony — Penalty. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

36-14-19. Disposition of carcass of animal dying from contagious or infectious disease.

Any animal which is found dead must be presumed to have died from a contagious or infectious disease until the contrary is shown unless another cause of death is apparent. The owner or person in charge of any domestic animal or nontraditional livestock which dies within this state from or on account of any contagious or infectious disease shall dispose of the carcass of such animal as follows:

  1. If the animal died of anthrax, as determined by a licensed veterinarian, the carcass must be completely burned at the place where it died if possible. If the carcass must be moved, it may not be dragged over the ground but must be moved only on a suitable conveyor and all body openings in the carcass must be plugged with cotton saturated with a strong antiseptic solution.
  2. If the carcass is of a hog which died from hog cholera or swine erysipelas, the same, with hide intact, must be burned within thirty-six hours or given to a licensed rendering plant within such time.
  3. If the carcass is of an animal which has died of a disease other than is specified in subsections 1 and 2, or from any other cause, it must be burned, buried, composted, or given to a licensed rendering plant within thirty-six hours, or must be disposed of by a method approved by the state veterinarian. If the carcass is buried, it must be buried not less than four feet [1.22 meters] below the surface of the ground and covered with dirt to that depth. No carcass may be disposed of along any public highway or along any stream, lake, or river nor be buried near or adjoining any such place.

Source:

S.L. 1899, ch. 36, § 1; R.C. 1899, § 1601a; R.C. 1905, § 2001; C.L. 1913, § 2697a; R.C. 1943, § 36-1419; S.L. 1989, ch. 80, § 58; 1995, ch. 347, § 39; 1995, ch. 349, § 1.

36-14-20. Duty of overseer of highways when carcass of dead animal is found — Fees — Recovery of expense.

If the owner or person in charge of a dead animal fails to comply with the provisions of section 36-14-19, the overseer of highways shall comply with the provisions of section 36-14-19 for the owner or person. If burial of the animal is permitted, the burial may be made upon the premises of the owner or person in charge of the animal at any place more than one thousand feet [304.8 meters] from any dwelling house or barn. The board of county commissioners shall allow in payment a sum for disposal services as it deems to be reasonable, and the sum must be paid as other moneys are paid for services rendered to the county. The owner of the animal is liable to the county for any amount paid out for disposal services. If the owner does not pay that amount within thirty days after written demand for payment is made upon the owner by the county auditor, the sum may be recovered in a civil action, and the judgment must include the costs of the suit and a reasonable attorney’s fee to be fixed by the court. No property except absolute exemptions is exempt from sale for the payment of any such judgment. Any attorney’s fee allowed by the court must be paid to the county if the action is brought by the state’s attorney.

Source:

S.L. 1899, ch. 36, § 2; R.C. 1899, § 1601b; R.C. 1905, § 2002; C.L. 1913, § 2697b; R.C. 1943, § 36-1420; S.L. 1989, ch. 425, § 28; 1999, ch. 317, § 17.

36-14-21. Enforcement orders — Administrative hearing — Penalty.

  1. 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.
  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 animals or livestock are 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 knowingly violates any rule of the board, or who violates any provision of this chapter for which another penalty is not provided, is guilty of an infraction.

Source:

S.L. 1891, ch. 125, § 10; 1895, ch. 35, § 11; R.C. 1895, § 1604; R.C. 1899, § 1604; R.C. 1905, § 2005; S.L. 1909, ch. 162, § 1; 1911, ch. 181, § 9; 1913, ch. 204, § 1; 1913, ch. 205, § 2; C.L. 1913, §§ 2698, 2762, 2762i; S.L. 1915, ch. 64, § 2; 1915, ch. 182, § 7; 1919, ch. 179, § 1; 1925 Supp., §§ 2698, 2761a, 2762i; S.L. 1939, ch. 15, § 2; R.C. 1943, § 36-1421; S.L. 1953, ch. 221, § 1; 1957 Supp., § 36-1421; S.L. 1975, ch. 106, § 393; 1989, ch. 80, § 59; 1999, ch. 317, § 18.

36-14-22. Civil action for damages.

Every person violating any of the provisions of this chapter is liable in a civil action to any person injured by such violation for all damages directly or indirectly suffered thereby.

Source:

S.L. 1887, ch. 33, § 6; R.C. 1895, § 7336; R.C. 1899, § 7336; R.C. 1905, § 9077; C.L. 1913, § 9796; R.C. 1943, § 36-1422.

Notes to Decisions

Breach of Warranty Action.

A conviction of the criminal offense of selling animals affected with a disease was not a necessary prerequisite to the maintenance of an action for damages for breach of warranty of horses against the disease known as “glanders”. Larson v. Calder, 16 N.D. 248, 113 N.W. 103, 1907 N.D. LEXIS 56 (N.D. 1907).

Effect of Uniform Commercial Code.

The provisions of N.D.C.C. ch. 41-02, including the limitation on implied warranties that cattle are free from disease, are subordinate to and do not preempt the rights and remedies provided by N.D.C.C. ch. 36-14 for the buyer of diseased cattle. Olson v. Molacek Bros., 341 N.W.2d 375, 1983 N.D. LEXIS 431 (N.D. 1983).

36-14-23. Animal condemned as diseased to be appraised by board — Notice to owner.

  1. Whenever any animal has been adjudged to be diseased and ordered killed by the board, the board or its authorized agent, within seven days after the entry of the order and before the animal has been killed pursuant to the order, shall determine the actual value of the animal. Notice of the appraisal must be given to the owner or keeper of the animal.
  2. If an emergency is declared by the governor, the board shall conduct any appraisal required by this section and may destroy the animal as soon thereafter as is practicable. The owner may protest the appraisal, however, a protest may not delay the destruction of the animal.

Source:

S.L. 2001, ch. 316, § 3.

36-14-24. Protest of board’s appraisal — Board of appraisers appointed — Appraisal to be final.

Except as provided in section 36-14-23, if any individual who owns or who represents the owner of any animal ordered killed under this chapter is not satisfied with the appraisal by the board or its agents, the individual may protest the order within seven days, and a board of three appraisers must then be formed. One member of the board of appraisers must be the agent of the board, one member must be selected by the owner of the animal involved, and the third member must be selected by the first two members. An appraisal of the animal must be made by the board of appraisers according to section 36-14-27, and if two or more of the appraisers agree upon a certain valuation, the appraisal is final.

Source:

S.L. 2001, ch. 316, § 4.

36-14-25. Fees of appraisers — How paid.

Each member of the board of appraisers who is not an agent of the board is entitled to receive one hundred thirty-five dollars per day as compensation for services rendered, plus reimbursement for expenses as provided by law for state officers. Fifty percent of the amount due under this section is payable by the state board of animal health and the other fifty percent is payable by the owner of the animal.

Source:

S.L. 2001, ch. 316, § 5; 2009, ch. 72, § 30.

36-14-26. Approval of indemnity payments — Rules.

If the board determines that an animal is so seriously diseased as to warrant disposal of the animal and of all other exposed animals, the board may approve indemnity payments, as funds are appropriated, on the animals in accordance with the limits set in section 36-14-27. The board may adopt rules governing indemnity payments under this chapter.

Source:

S.L. 2001, ch. 316, § 6.

36-14-27. Return of appraisal — Payment of claims for diseased animals.

The return of an appraisal under this chapter must be in writing and signed by the board or by the board’s agent who made the appraisal, or by the members of the board of appraisers if a reappraisal is made after a protest, and by the owner of the condemned animal. The return must be certified by the agriculture commissioner to the office of management and budget. The office of management and budget shall issue a check jointly to the owner and any lienholders of the animal. The amount of indemnity paid by this state to the owner of a diseased animal may not exceed five thousand dollars per animal less any amount obtained by the owner through insurance, federal indemnity payments, or salvage payments. This state is not liable for indemnity under this chapter in excess of the amount approved by the emergency commission for the payment of the indemnity.

Source:

S.L. 2001, ch. 316, § 7.

36-14-28. Owner of diseased animals — No indemnification — Circumstances.

The right of the owner of a diseased animal to be indemnified does not exist and the board may not authorize payment if:

  1. The animal belongs to the United States, to this state, or to any political subdivision of this state.
  2. The owner at the time of coming into possession of the animal knew or suspected it to be diseased.
  3. The animal was found to have been clinically diseased at the time of its arrival in this state.
  4. The owner is a nonresident and not engaged in the breeding of livestock in this state.
  5. The animal at the time of its killing had been in this state for less than six months.
  6. The owner of an animal willfully exposed the animal to the disease.
  7. The owner violated any law or any rule of the board.

Source:

S.L. 2001, ch. 316, § 8.

CHAPTER 36-14.1 Hog Cholera

36-14.1-01. Definitions.

As used in this chapter:

  1. “Board” means the state board of animal health.
  2. “Commissioner” means the agriculture commissioner.
  3. “Destroy” means to condemn because of hog cholera under state authority and slaughter or otherwise kill as a result of or pursuant to such condemnation.
  4. “Hog cholera” means the contagious, infectious, and communicable disease of swine commonly known as hog cholera.

Source:

S.L. 1965, ch. 252, § 1; 1989, ch. 80, § 60; 1995, ch. 347, § 40.

36-14.1-02. General authority.

The board or the state veterinarian may destroy or require the destruction of any swine that the board or the state veterinarian knows to be, or suspects is, infected with, affected with, or exposed to hog cholera, whenever destruction is necessary to prevent or reduce the danger of the spread of hog cholera.

Source:

S.L. 1965, ch. 252, § 2; 1995, ch. 347, § 41.

Collateral References.

Constitutionality of statute or ordinance providing for destruction of diseased animal, 56 A.L.R.2d 1024.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.

36-14.1-03. Appraisal and indemnification.

The board or the state veterinarian shall appraise any swine destroyed or ordered destroyed pursuant to this chapter and shall indemnify the owner of such swine in an amount to be set by the board for either registered animals or grade animals.

Source:

S.L. 1965, ch. 252, § 3; 1995, ch. 347, § 42.

36-14.1-04. Institution of indemnification.

It is hereby recognized and declared that indemnification for the destruction of swine infected with, exposed to, or suspected of being affected or exposed to hog cholera, is an expression of the public policy of this state to be employed only in the final phase of the official state-federal eradication program in the state, or as a means of preventing or minimizing its recurrence, as such may be determined by the board. Neither the board nor the state veterinarian may institute an initial program of indemnification until the state has been approved as meeting the requirements specified by the appropriate cooperating federal agency.

Source:

S.L. 1965, ch. 252, § 4; 1995, ch. 347, § 43.

36-14.1-05. Cooperation with the United States.

The board may cooperate with the United States, or any department, agency, or officer thereof, in the control and eradication of hog cholera, including the sharing in the payment of indemnities for swine destroyed, but the state may only share in such payment of indemnities in the amounts or rates set by the board.

Source:

S.L. 1965, ch. 252, § 5; 1995, ch. 347, § 44.

36-14.1-06. Rules and regulations.

The board may make, promulgate, amend, repeal, and enforce rules and regulations for implementing this chapter.

Source:

S.L. 1965, ch. 252, § 6.

36-14.1-07. Review.

Any act or omission of the board or commissioner pursuant to or within the purview of this chapter is reviewable by the courts of this state as provided in chapter 28-32.

Source:

S.L. 1965, ch. 252, § 7; 1995, ch. 347, § 45.

CHAPTER 36-15 Bovine Tuberculosis and Brucellosis

36-15-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:

  1. “Animals” means bovine animals or bison.
  2. “Board” means the state board of animal health.
  3. “Diseased”, when used to describe any animals, means animals infected with either bovine tuberculosis or brucellosis.
  4. The singular of any term imports the plural and the plural of any term includes the singular.

Source:

R.C. 1943, § 36-1501; S.L. 1961, ch. 246, § 1; 1989, ch. 80, § 61; 1999, ch. 317, § 19.

Collateral References.

Constitutionality of statute or ordinance providing for destruction of diseased animal, 56 A.L.R.2d 1024.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.

36-15-02. Notice of condemnation of diseased animal — Animal to be destroyed within fifteen days — Extension of time.

Whenever any animal has been adjudged by the board to be infected with bovine tuberculosis or brucellosis, the board or its authorized agent shall serve a written notice of its decision upon the owner or keeper of the animal before the condemned animal is killed. The animal must be destroyed within fifteen days after notice of condemnation, in either a federal-inspected or state-inspected slaughtering plant, or under the supervision of an agent of the board. The fifteen-day period may be extended by the state veterinarian if that person deems it advisable due to the circumstances involved in each case, and the extension must be in writing. The notice must advise the owner or keeper of that person’s right to protest against the diagnosis and determination of the board within twenty-four hours after the service of the notice upon that person. If no protest is made within such time by the owner or keeper of the condemned animal, it must be appraised in the manner provided in this chapter.

Source:

S.L. 1911, ch. 310, § 1; C.L. 1913, § 2699; S.L. 1939, ch. 10, § 2; R.C. 1943, § 36-1502; S.L. 1961, ch. 246, § 2; 1997, ch. 310, § 1; 1999, ch. 317, § 20.

36-15-03. Animal condemned as diseased to be appraised by board — Notice to owner. [Repealed]

Repealed by S.L. 2001, ch. 316, § 10.

36-15-04. Protest of board’s appraisal — Board of appraisers appointed — Appraisal to be final. [Repealed]

Repealed by S.L. 2001, ch. 316, § 10.

36-15-05. Maximum valuations of diseased animals. [Repealed]

Repealed by S.L. 1961, ch. 246, § 6.

36-15-06. Fees of appraisers — How paid. [Repealed]

Repealed by S.L. 2001, ch. 316, § 10.

36-15-07. Owner of condemned animal may protest diagnosis of board. [Repealed]

Repealed by S.L. 2001, ch. 316, § 10.

36-15-08. Owner entitled to compensation for animal infected with tuberculosis or with paratuberculosis — Board of animal health may make rules governing payments. [Repealed]

Repealed by S.L. 1999, ch. 317, § 28.

36-15-08.1. Animals with brucellosis or bovine tuberculosis — Compensation — Rules governing payments.

If the board determines that an animal is so seriously infected with brucellosis or bovine tuberculosis as to warrant disposal of the animal and of all other exposed animals, the board may approve indemnity payments, as funds are appropriated, for the animals in accordance with the limits set in section 36-14-27. The board may adopt rules governing indemnity payments under this chapter.

Source:

S.L. 1971, ch. 340, § 1; 1989, ch. 80, § 63; 1999, ch. 317, § 21; 2001, ch. 316, § 9.

36-15-09. Return of appraisement — Payment of claims for diseased animals. [Repealed]

Repealed by S.L. 2001, ch. 316, § 10.

36-15-10. Salvage to be deducted from amount paid to owner of condemned animal.

Any money realized from the sale of the whole or any part of a diseased animal killed under the provisions of this chapter may be paid to the owner of the condemned animal and the amount thereof deducted from the appraised value of such animal.

Source:

S.L. 1911, ch. 310, § 9; C.L. 1913, § 2707; S.L. 1939, ch. 10, § 10; R.C. 1943, § 36-1510.

36-15-11. Owner of diseased animals may not be indemnified — Cases. [Repealed]

Repealed by S.L. 2001, ch. 316, § 10.

36-15-12. Bovine tuberculosis fund and brucellosis fund to be maintained. [Repealed]

Repealed by S.L. 1999, ch. 317, § 28.

36-15-13. Testing of cattle in township for bovine tuberculosis and for brucellosis — Petition. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-15-14. Animals not to be permitted to enter state or area circumscribed by board for testing purposes.

The state veterinarian shall enforce the tuberculin testing or the brucellosis testing of all animals entering the state as prescribed by rule or in a circumscribed area as established by the board in accordance with the provisions of this chapter providing for the eradication of bovine tuberculosis or brucellosis, as the case may be, and the rules of the board relating to eradication. Whenever a circumscribed area is established by the board as an area in which all animals are to be tuberculin tested or brucellosis tested, as the case may be, and the test is undertaken under the direction of the board, no other animals may be permitted to enter the area except under a special permit and restrictions provided by the board unless:

  1. If the animals in the area are to be tuberculin tested, the animals entering the area have been tuberculin tested under the direction of an agent of the board or are accompanied by a proper tuberculin test certificate.
  2. If the animals in the area are to be brucellosis tested, the animals entering the area have been brucellosis tested under the direction of an agent of the board or are accompanied by a proper brucellosis test certificate.

Source:

S.L. 1921, ch. 86, § 1; 1923, ch. 146, § 2; 1925, ch. 103, § 2; 1925 Supp., § 2698a1; S.L. 1939, ch. 11, § 1; 1941, ch. 16, § 1; R.C. 1943, § 36-1514; 1989, ch. 425, § 30; 1995, ch. 347, § 47; 1999, ch. 317, § 23.

36-15-15. Testing for tuberculosis or for brucellosis without petition — When permitted. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-15-16. Transportation to agents of board may be furnished by county or township. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-15-17. Tuberculin and brucellosis testing of entire county may be enforced under certain conditions. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-15-18. Retesting in modified accredited tuberculosis-free county. [Repealed]

Repealed by S.L. 1989, ch. 425, § 32.

36-15-19. Penalty for violation of provisions relating to testing of animals.

Any person who attempts to prevent the board or the commissioner from carrying out this chapter, or who violates any of the provisions of this chapter relating to the testing of animals, is guilty of an infraction.

Source:

S.L. 1921, ch. 86, § 2; 1923, ch. 146, § 3; 1925, ch. 103, § 5; 1925 Supp., § 2698a4; S.L. 1931, ch. 2, § 3; 1939, ch. 11, § 2; R.C. 1943, § 36-1519; S.L. 1975, ch. 106, § 394; 1995, ch. 347, § 48; 1999, ch. 317, § 24.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-15-20. Brucellosis vaccination of calves. [Repealed]

Repealed by S.L. 1973, ch. 276, § 2.

36-15-21. Calfhood vaccination against brucellosis required — Penalty.

  1. A person may not bring into this state or receive from outside this state any female cattle over the maximum vaccination age prescribed in the brucellosis eradication uniform methods and rules approved by the United States department of agriculture’s animal and plant health inspection service unless the cattle have been officially calfhood vaccinated against brucellosis or a waiver has been granted by the board in accordance with section 36-15-21.1. This subsection does not apply if the cattle originate from a free state, a United States possession, or a Canadian province or territory, which does not place requirements on North Dakota-origin female cattle regarding calfhood brucellosis vaccinations or brucellosis testing before entry.
  2. A person who brings female cattle into this state from a reciprocating free state, United States possession, or Canadian province or territory shall prove that the cattle were located in that state, possession, province, or territory for a period of at least sixty days.
  3. For purposes of this section, “officially calfhood vaccinated” means a female bovine vaccinated against brucellosis as prescribed in the brucellosis eradication uniform methods and rules approved by the United States department of agriculture’s animal and plant health inspection service.
  4. In addition to other penalties provided in this chapter, a person who violates this section is guilty of a class A misdemeanor.

Source:

S.L. 1963, ch. 261, §§ 1, 2; 1965, ch. 253, § 1; 1973, ch. 276, § 1; 1975, ch. 106, § 395; 1983, ch. 386, § 2; 1989, ch. 80, § 64; 1993, ch. 358, § 1; 1999, ch. 317, § 25; 2003, ch. 289, § 1.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-15-21.1. Calfhood vaccination against brucellosis — Waiver of requirements.

  1. The board may waive the requirement set forth in section 36-15-21 if the person requesting the waiver obtains a form from the state veterinarian and submits the completed form to the board.
  2. As a condition of granting the waiver, the board may require disease testing, vaccination, quarantine, and reporting, as well as any other actions the board determines necessary to protect the health and safety of domestic animals or nontraditional livestock.
  3. If the board does not grant the application for waiver within one hundred twenty days from the date the application is received by the board, the application is deemed denied.
  4. Any person aggrieved by a decision of the board has the right to receive an administrative hearing if the person files a written request for a hearing with the board within ten days from the date on which the board’s determination regarding the waiver is received by the applicant or, if no response is received by the applicant, within ten days from the date the application is deemed denied under this section.

Source:

S.L. 2003, ch. 289, § 2.

36-15-22. Enforcement orders — Administrative hearing — Penalty.

  1. The board may order animals brought into the state which are not in compliance with the provisions of this chapter to be returned to their state of origin, or in the alternative, the board may order the animals to be slaughtered or destroyed.
  2. If, after a hearing, the board finds that a person has brought, kept, or received animals in this state and the animals are 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.

Source:

S.L. 1983, ch. 386, § 1; 1989, ch. 425, § 31; 1999, ch. 317, § 26.

36-15-23. Disease testing of livestock — Reimbursement for loss.

  1. A livestock owner may file a claim with the state board of animal health seeking partial reimbursement for the value of any livestock that died as a direct result of official disease testing required by the state veterinarian and conducted on the owner’s herd or flock by the state veterinarian or the state veterinarian’s designee on or after July 1, 2011.
  2. The board shall evaluate each claim in the order of filing. If the board determines that a claim is meritorious, the board shall provide reimbursement to the owner in an amount not exceeding five hundred dollars per animal. A decision by the board regarding the animal’s cause of death or the amount of reimbursement is final.
  3. After expending all biennial appropriations for the provision of reimbursements under this section, the board may not accept any additional claims.

Source:

S.L. 2011, ch. 252, § 1.

CHAPTER 36-16 Glanders and Dourine [Repealed]

[Repealed by S.L. 1965, ch. 254, § 1]

CHAPTER 36-17 Bot Treatment Law [Repealed]

[Repealed by S.L. 1965, ch. 254, § 1]

CHAPTER 36-18 Serum Institute [Repealed]

[Repealed by S.L. 1965, ch. 254, § 1]

CHAPTER 36-19 Dipping Stations [Repealed]

[Repealed by S.L. 1965, ch. 254, § 1]

CHAPTER 36-20 Shipment of Livestock [Repealed]

[Repealed by S.L. 1975, ch. 431, § 9]

CHAPTER 36-21 General Provisions

36-21-01. Fraudulent registration or representation of purebred livestock — Penalty.

It is a class B misdemeanor for a person to:

  1. Fraudulently represent any animal as purebred;
  2. Post or publish, or cause to be posted or published, any false pedigree or certificate;
  3. Procure by fraud, false pretense, or misrepresentation, the registration of any animal to be used for service, sale, or exchange in this state, for the purpose of deception as to the animal’s pedigree;
  4. Sell, or otherwise dispose of, any animal as a purebred when the person knows or has reason to believe that the animal is not the offspring of a regularly registered purebred sire and dam; or
  5. Sell, or otherwise dispose of, any animal as a registered purebred using a false pedigree or certificate of registration.

Source:

S.L. 1887, ch. 138, § 1; R.C. 1895, § 7267; R.C. 1899, § 7267; R.C. 1905, § 9007; S.L. 1913, ch. 244; C.L. 1913, § 9722; R.C. 1943, § 36-2101; S.L. 1975, ch. 106, § 396; 2017, ch. 68, § 10, effective July 1, 2017.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-21-02. Abuse of animals prohibited — Penalty. [Repealed]

Repealed by S.L. 1971, ch. 341, § 12.

Note.

For present provisions, see N.D.C.C. ch. 36-21.1 and N.D.C.C. ch. 36-21.2.

36-21-03. Lien for caring for abused animal — Priority — Where prior lien of record exists. [Repealed]

Repealed by S.L. 1971, ch. 341, § 12.

36-21-04. Unlawful killing or selling of livestock — Penalty. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

36-21-05. Skinning dead livestock — Restrictions governing. [Repealed]

Source:

S.L. 1881, ch. 60, § 8; R.C. 1895, § 1548; R.C. 1899, § 1548; R.C. 1905, § 1932; C.L. 1913, § 2616; R.C. 1943, § 36-2105; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-21-06. Maiming or torturing animals — Misdemeanor. [Repealed]

Repealed by S.L. 1971, ch. 341, § 12.

36-21-07. Keeping houses or pits for fighting animals — Encouraging or promoting fights between animals — Misdemeanor. [Repealed]

Repealed by S.L. 1971, ch. 341, § 12.

36-21-08. Instigating or promoting fights between animals — Misdemeanor. [Repealed]

Repealed by S.L. 1971, ch. 341, § 12.

36-21-09. Officer’s duty to arrest person instigating or promoting fights between animals. [Repealed]

Repealed by S.L. 1971, ch. 341, § 12.

36-21-10. Dogs, wolves, and coyotes worrying livestock or poultry may be killed.

Any person who kills any dog, wolf, or coyote kept as a domestic animal is not liable in any civil action to the owner of the animal:

  1. When the person sees such animal in the act of killing, chasing, worrying, or damaging any livestock or poultry; or
  2. When the person discovers evidence that the animal recently killed or chased sheep.

Source:

S.L. 1890, ch. 155, § 9; R.C. 1895, § 1569; R.C. 1899, § 1569; R.C. 1905, § 1957; C.L. 1913, § 2641; S.L. 1939, ch. 13, § 1; R.C. 1943, § 36-2110; 2017, ch. 68, § 11, effective July 1, 2017.

Notes to Decisions

No Duty to Kill.

This statute does not make it the duty of the owner of livestock or poultry to kill a dog. Smith v. Riedinger, 95 N.W.2d 65, 1959 N.D. LEXIS 70 (N.D. 1959).

Worrying Livestock.

Dog was not “worrying livestock” so as to justify owner of livestock in killing the dog where the dog ran through the livestock, the livestock went one direction and the dog in another direction, and the dog was killed at a location more than three-fourths of a mile from the livestock. Trautman v. Day, 273 N.W.2d 712, 1979 N.D. LEXIS 239 (N.D. 1979).

36-21-11. Liability for damages to livestock by dogs.

The owner of any dog that kills, wounds, or chases any sheep or other domestic animal or poultry belonging to another person is liable to that person for all resulting damages. If more than one dog, owned by different persons, participates in the killing, wounding, or chasing of sheep or other domestic animals or poultry, the owners of the dogs may be sued jointly, and a joint verdict and judgment may be rendered against the owners. If one or more of the defendants pays a joint judgment and if the damages committed by the dogs may be prorated, the payor or payors may receive contribution from the defendants who have not paid.

Source:

S.L. 1890, ch. 155, § 8; R.C. 1895, § 1570; R.C. 1899, § 1570; R.C. 1905, §§ 1958, 1959; C.L. 1913, §§ 2642, 2643; S.L. 1927, ch. 252, § 1; R.C. 1943, § 36-2111; 2017, ch. 68, § 12, effective July 1, 2017.

DECISIONS UNDER PRIOR LAW

Injury by Several Dogs.

The owner of one of several dogs acting together in killing or injuring sheep was liable, under the early statute, only for damages done by his own dog. Stine v. McShane, 55 N.D. 745, 214 N.W. 906, 1927 N.D. LEXIS 130 (N.D. 1927).

Collateral References.

Who “harbors” or “keeps” dog under animal liability statute, 64 A.L.R.4th 963.

Liability of owner or operator of business premises for injury to patron by dog or cat, 67 A.L.R.4th 976.

36-21-12. Killing of livestock by railroad is prima facie evidence of negligence.

The killing or damaging of any livestock by a railroad car or locomotive is prima facie evidence of negligence by the railway company or corporation.

Source:

C. Civ. P. 1877, § 679; R.C. 1895, § 2978; R.C. 1899, § 2978; R.C. 1905, § 4297; C.L. 1913, § 4644; R.C. 1943, § 36-2112; 2017, ch. 68, § 13, effective July 1, 2017.

Notes to Decisions

Burden of Proof.

Where defendant railroad company shows that there was no negligence or want of ordinary skill and care, prima facie case made by proof of killing is overcome, and it devolves upon plaintiff to show affirmatively that defendant was guilty of gross negligence. Volkman v. Chicago, St. P. M. & O. R. Co., 37 N.W. 731, 5 Dakota 69, 1888 Dakota LEXIS 9 (Dakota 1888); Huber v. Chicago, M. & St. P. Ry., 43 N.W. 819, 6 Dakota 392, 1888 Dakota LEXIS 46 (Dakota 1888).

Overcoming Presumption.

The statutory presumption of negligence may be overcome by showing conclusively, by undisputed evidence, that the train in question at the time of the accident was in good repair and was equipped with the best modern appliances and improvements, and was operated skillfully and with due care. Hodgins v. Minneapolis, St. P. & S.S.M. Ry., 3 N.D. 382, 56 N.W. 139 (1893), distinguished, Anderson v. Minneapolis, St. P. & S.S.M. Ry., 18 N.D. 462, 123 N.W. 281 (1909) and Clair v. Northern Pac. Ry., 22 N.D. 120, 132 N.W. 776, 1911 N.D. LEXIS 24 (N.D. 1911).

When the plaintiff relies upon the presumption raised by this section without other evidence of negligence, evidence of less weight is required to rebut it than would be necessary if plaintiff made actual proof of negligence. Reinke v. Minneapolis, St. P. & S. St. M. Ry., 23 N.D. 182, 135 N.W. 779, 1912 N.D. LEXIS 74 (N.D. 1912).

Where the facts in regard to a killing are all put in evidence, the presumption of the statute does not apply; the proved facts clear away and supersede all presumptions. Snyder v. Northern Pac. Ry., 69 N.D. 266, 285 N.W. 450, 1939 N.D. LEXIS 149 (N.D. 1939).

Question of Law.

The question as to when the prima facie case, under this section, is overcome is one of law for the court and not one of fact for the jury. Volkman v. Chicago, St. P. M. & O. R. Co., 37 N.W. 731, 5 Dakota 69, 1888 Dakota LEXIS 9 (Dakota 1888); Huber v. Chicago, M. & St. P. Ry., 43 N.W. 819, 6 Dakota 392, 1888 Dakota LEXIS 46 (Dakota 1889); Corbett v. Great N. Ry., 19 N.D. 450, 125 N.W. 1054, 1910 N.D. LEXIS 44 (N.D. 1910).

Sufficiency of Complaint.

In an action to recover damages for negligently killing certain stock, complaint which alleges that on or about a specified date the defendant, in operating a train of cars, negligently, carelessly, and wrongfully struck and killed the stock is sufficient. Jones v. Great N. Ry., 12 N.D. 343, 97 N.W. 535, 1903 N.D. LEXIS 47 (N.D. 1903).

Trespassing Animals.

Where animals are on railway tracks between crossings they are trespassers, and the railway companies are bound to use only ordinary and reasonable means to save them. Wright v. Minneapolis, S. P. & S. S. M. Ry., 12 N.D. 159, 96 N.W. 324, 1903 N.D. LEXIS 32 (N.D. 1903); Clair v. Northern Pac. Ry., 22 N.D. 120, 132 N.W. 776, 1911 N.D. LEXIS 24 (N.D. 1911).

The prima facie case made under the statute is overcome by evidence of gross negligence on the part of owner of cattle in permitting them to trespass on railroad’s right of way. Stoeber v. Minneapolis, St. P. & S. St. M. Ry., 40 N.D. 121, 168 N.W. 562, 1918 N.D. LEXIS 66 (N.D. 1918).

36-21-13. Exemplary damages for injuries to domestic animals.

Exemplary damages may be applied for any wrongful injury to an animal committed willfully or by gross negligence.

Source:

Civ. C. 1877, § 1974; R.C. 1895, § 5004; R.C. 1899, § 5004; R.C. 1905, § 6589; C.L. 1913, § 7172; R.C. 1943, § 36-2113; 2017, ch. 68, § 14, effective July 1, 2017.

Collateral References.

Excessiveness or inadequacy of punitive damages in cases not involving personal injury or death, 14 A.L.R.5th 242.

36-21-14. Licensing of weighmen — Fees. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

36-21-15. Sale of livestock by weight.

All livestock sold by weight at any public market must be sold subject to the weight at the place of sale on the day sold by the auctioneer.

Source:

S.L. 1947, ch. 244, § 2; R.C. 1943, 1957 Supp., § 36-2115; 2017, ch. 68, § 15, effective July 1, 2017.

Cross-References.

Sale of livestock by weight and satellite video livestock auction market requirements, see N.D.C.C. § 36-05.1-07.

36-21-16. Licensing — Duration — Renewals — Refusal — Revocation or suspension. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

36-21-17. False weighing. [Repealed]

Repealed by S.L. 1991, ch. 375, § 1.

36-21-18. Title to property to remain with seller until settlement made.

Any person that purchases livestock at any sale conducted by an auction market established under the laws of this state must pay for the livestock with cash, check, or any other method of payment generally accepted by financial institutions in this state. For a noncash purchase and transfer of title to be valid, the financial institution of the purchaser shall honor the payment at the time of presentation.

Source:

S.L. 1947, ch. 244, § 5; R.C. 1943, 1957 Supp., § 36-2118; S.L. 1993, ch. 54, § 106; 2017, ch. 68, § 16, effective July 1, 2017.

36-21-19. Equine processing assessment — Continuing appropriation — Provision of grants.

  1. For each equine processed at an equine processing facility in this state, the owner of the facility shall remit to the agriculture commissioner, at the time and in the manner directed by the commissioner, an assessment in the amount of five dollars. The commissioner shall forward the assessment to the state treasurer for deposit of the first fifty thousand dollars in the state general fund and any additional amount in the equine processing fund.
  2. All moneys in the equine processing fund are appropriated on a continuing basis to the agriculture commissioner to be used to:
    1. Provide an annual grant equaling forty percent of any assessments collected to Dickinson state university in support of the equine management program;
    2. Provide an annual grant equaling forty percent of any assessments collected to North Dakota state university in support of the equine studies program; and
    3. Provide an annual grant equaling twenty percent of any assessments collected to public or private entities conducting equine research or offering hippotherapy to individuals with disabilities.

Source:

S.L. 2009, ch. 298, § 1; 2017, ch. 68, § 17, effective July 1, 2017.

CHAPTER 36-21.1 Humane Treatment of Animals

36-21.1-01. Definitions. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-02. Overworking, mistreating, or abandoning animals. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-03. Cruelty in transportation. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-03.1. Unattended dog or cat in motor vehicle. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-04. Poisoning animals. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-05. Animal with infectious disease.

No person owning or having charge of any animal, knowing the animal to have any infectious or contagious disease, or to have recently been exposed thereto, may knowingly permit such animal to run at large or come into contact with another animal, or with another person without the person’s knowledge and permission.

Source:

S.L. 1971, ch. 341, § 5; 1975, ch. 106, § 400.

36-21.1-06. Exposure of animals — Authority of officers. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-07. Cockfights, dogfights, and other exhibitions prohibited — Penalties.

  1. No person may engage in or be employed at cockfighting, dogfighting, bearbaiting, pitting one animal against another, or any other similar cruelty, such as bear fighting, kangaroo boxing, or similar activity, to animals; nor may a person receive money for the admission of any person to any place used, or about to be used, for any such purpose, nor may a person willfully permit anyone to enter or use, for any such purpose, premises of which that person is the owner, agent, or occupant; nor may a person use, train, or possess a dog or other animal for the purpose of maltreating any domestic animal. Any person who violates this subsection is guilty of a class C felony.
  2. No person may knowingly purchase a ticket of admission to, be present at, or witness the activities prohibited by subsection 1. Any person who violates this subsection is guilty of a class A misdemeanor.

Source:

S.L. 1971, ch. 341, § 7; 1975, ch. 106, § 401; 1983, ch. 387, § 1; 1993, ch. 359, § 1.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Collateral References.

Validity, Construction, and Application of Criminal Statutes and Ordinances to Prosecution for Dogfighting. 68 A.L.R.6th 115.

Validity, Construction, and Application of Statutes and Ordinances to Prosecution for Cockfighting. 69 A.L.R.6th 207.

36-21.1-08. Artificially colored animals — Sale.

No person may sell or offer for sale, raffle, offer, or give as a prize, premium, or advertising device, or display in any store, shop, carnival, or other public place, a chick, duckling, gosling, or rabbit which has been dyed or otherwise artificially colored.

Source:

S.L. 1971, ch. 341, § 8; 1975, ch. 106, § 402.

36-21.1-09. Use of certain birds as advertising devices — Use of live beef or dairy cattle as raffle prizes — Gifts of animals.

  1. No person may sell, offer for sale, raffle, offer, or give as a prize, premium, or use as an advertising device, chicks, ducklings, or goslings younger than four weeks of age in quantities of less than twelve birds to an individual person. Persons engaging in the business of selling chicks, ducklings, or goslings for agricultural or wildlife purposes are exempt from the provisions of this section, but only when selling for such purposes.
  2. An eligible organization authorized to conduct games of chance under chapter 53-06.1 may raffle live beef or dairy cattle, bison, sheep, horses, and pigs, provided each raffle ticket contains a statement that the person who wins the animal may convert that prize to a cash prize. The animal to be raffled may be donated to or purchased by the organization. The donor or seller of the animal shall determine the market value of the animal. If the person who wins the animal desires a cash prize instead of the animal, the organization shall pay the player a cash prize that must equal the lesser of the market value of the animal or the maximum single cash prize amount allowed under section 53-06.1-10.1.
  3. A person may not give away any live animal, other than those authorized under subsections 1 and 2, as:
    1. A prize for, or as an inducement to enter any contest, game, or other competition;
    2. An inducement to enter a place of amusement; or
    3. An incentive to enter into any business agreement where the offer was for the purpose of attracting trade.
  4. The provisions of subsection 3 do not apply to a person or organization that gives away an animal:
    1. As a project for the promotion of the equine and livestock industry of North Dakota;
    2. As a project for the promotion of conservation of animals and wildlife in North Dakota; or
    3. Which is intended for slaughter.

Source:

S.L. 1971, ch. 341, § 9; 1975, ch. 106, § 403; 1979, ch. 388, § 1; 1997, ch. 311, § 1; 2001, ch. 318, § 1; 2003, ch. 290, § 1; 2005, ch. 309, § 1.

36-21.1-10. Care of animals used as advertising devices.

Every person who sells, offers for sale, raffles, offers, or gives as a prize, premium, or advertising device, chicks, ducklings, or goslings to the public, shall provide and operate brooders or other heating devices necessary to maintain the chicks, ducklings, or goslings in good health, and shall keep adequate food and water available to the birds at all times.

Source:

S.L. 1971, ch. 341, § 10.

36-21.1-11. Penalty.

Any person knowingly and willfully violating any rule adopted by the board or violating any provision of this chapter for which a specific penalty is not provided is guilty of a class A misdemeanor.

Source:

S.L. 1971, ch. 341, § 11; 1975, ch. 306, § 4; 1995, ch. 347, § 51.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Notes to Decisions

Culpability.

The legislature intended to require knowledge and willfulness for a violation of an administrative regulation, but not for a statutory violation; therefore, this section requires no culpability and the trial court did not err in refusing to instruct the jury that willfulness and knowledge were necessary for conviction. State v. Prociv, 417 N.W.2d 840, 1988 N.D. LEXIS 7 (N.D. 1988).

Collateral References.

Challenges to Pre- and Post-Conviction Forfeitures and to Postconviction Restitution Under Animal Cruelty Statutes. 70 A.L.R.6th 329.

36-21.1-12. Duties of board and commissioner. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-13. Abandoned animals — Assumption of custody. [Repealed]

Repealed by S.L. 2013, ch. 260, § 4.

Effective Date.

The repeal of this section by section 4 of chapter 260, S.L. 2013 became effective August 1, 2013.

Note.

See now N.D.C.C. ch. 36-21.2, Treatment of Animals.

36-21.1-14. Assumption of custody — Immunity from liability.

Any sheriff, police officer, licensed veterinarian, investigator, or person who has custody of an animal under this chapter and who is acting in an official or professional capacity and making a good-faith effort to comply with this chapter is immune from any civil or criminal liability for acts taken or omitted while attempting to comply with this chapter.

Source:

S.L. 2001, ch. 317, § 4.

Collateral References.

Challenges to Pre- and Post-Conviction Forfeitures and to Postconviction Restitution Under Animal Cruelty Statutes. 70 A.L.R.6th 329.

36-21.1-15. Applicability of chapter.

This chapter does not apply to estrays covered under chapter 4.1-75.

Source:

S.L. 2001, ch. 317, § 5.

CHAPTER 36-21.2 Treatment of Animals

36-21.2-01. Neglect — Definition — Exemptions — Penalty.

  1. Any person that willfully engages in animal neglect is guilty of a class A misdemeanor.
  2. For purposes of this chapter, “neglect” with respect to dogs and cats, means the failure to provide an animal with:
    1. Food and water, as appropriate for the species, the breed, and the animal’s age and physical condition;
    2. Shelter from the elements, as appropriate for the species, the breed, and the animal’s age and physical condition;
    3. Necessary medical attention; and
    4. An environment that is:
      1. Ventilated in a manner appropriate for the species, the breed, and the animal’s age and physical condition;
      2. Cleaned in a manner appropriate for the species, the breed, and the animal’s age and physical condition; and
      3. Free of conditions likely to cause injury or death to an animal of that species, breed, age, and physical condition.
  3. For purposes of this chapter, “neglect” with respect to all animals other than those included in subsection 2, means the failure to provide:
    1. Food and water that is:
      1. Appropriate for the species and the breed; and
      2. Sufficient to sustain the animal’s health;
    2. Minimal protection from adverse weather conditions, as appropriate for the species and the breed; and
    3. Medical attention in the event of an injury or illness, as appropriate for the species and the breed.
  4. The following do not constitute violations of this section:
    1. Any usual and customary practice in:
      1. The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;
      2. The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;
      3. The sport of rodeo;
      4. Animal racing;
      5. The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;
      6. Fishing, hunting, and trapping;
      7. Wildlife management;
      8. The culinary arts;
      9. Lawful research and educational activities; and
      10. Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;
    2. The humane or swift destruction of an animal for cause; and
    3. Services provided by or under the direction of a licensed veterinarian.

Source:

S.L. 2013, ch. 260, § 3.

Effective Date.

This chapter became effective August 1, 2013.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Collateral References.

Applicability of state animal cruelty statute to medical or scientific experimentation employing animals, 42 A.L.R.4th 860.

Cat as object of larceny, 55 A.L.R.4th 1080.

Damages for killing or injuring dog, 61 A.L.R.5th 635.

Validity, construction, and application of Animal Welfare Act (7 U.S.C. §§ 2131 et seq.), 74 A.L.R. Fed. 2d 275.

36-21.2-02. Animal abuse — Definition — Exemptions — Penalty.

  1. Any person that willfully engages in animal abuse is guilty of a class A misdemeanor for a first or a second offense and a class C felony for a third or subsequent offense occurring within ten years.
  2. For purposes of this chapter, “animal abuse” means any act or omission that results in physical injury to an animal or that causes the death of an animal, but does not include any act that falls within the definition of animal cruelty, as set forth in section 36-21.2-03.
  3. The following do not constitute violations of this section:
    1. Any usual and customary practice in:
      1. The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;
      2. The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;
      3. The sport of rodeo;
      4. Animal racing;
      5. The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;
      6. Fishing, hunting, and trapping;
      7. Wildlife management;
      8. The culinary arts;
      9. Lawful research and educational activities; and
      10. Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;
    2. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;
    3. The humane or swift destruction of an animal for cause; and
    4. Services provided by or under the direction of a licensed veterinarian.

Source:

S.L. 2013, ch. 260, § 3.

Collateral References.

Liability for injury to trespassing stock from poisonous substances on the premises, 12 A.L.R.3d 1103.

Liability for injury caused by spraying or dusting of crops, 37 A.L.R.3d 833.

Applicability of state animal cruelty statute to medical or scientific experimentation employing animals, 42 A.L.R.4th 860.

Validity, construction, and application of Animal Welfare Act (7 U.S.C. §§ 2131 et seq.), 74 A.L.R. Fed. 2d 275.

36-21.2-03. Animal cruelty — Definition — Exemptions — Penalty.

  1. Any person that intentionally engages in animal cruelty is guilty of a class C felony.
  2. For purposes of this chapter, “animal cruelty” means:
    1. Breaking an animal’s bones;
    2. Causing the prolonged impairment of an animal’s health;
    3. Mutilating an animal; or
    4. Physically torturing an animal.
  3. The following do not constitute violations of this section:
    1. Any usual and customary practice in:
      1. The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;
      2. The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;
      3. The sport of rodeo;
      4. Animal racing;
      5. The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;
      6. Fishing, hunting, and trapping;
      7. Wildlife management;
      8. The culinary arts;
      9. Lawful research and educational activities; and
      10. Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;
    2. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;
    3. The humane or swift destruction of an animal for cause; and
    4. Services provided by or under the direction of a licensed veterinarian.

Source:

S.L. 2013, ch. 260, § 3.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Collateral References.

Liability for injury to trespassing stock from poisonous substances on the premises, 12 A.L.R.3d 1103.

Liability for injury caused by spraying or dusting of crops, 37 A.L.R.3d 833.

Applicability of state animal cruelty statute to medical or scientific experimentation employing animals, 42 A.L.R.4th 860.

Damages for killing or injuring dog, 61 A.L.R.5th 635.

Validity, construction, and application of Animal Welfare Act (7 U.S.C. §§ 2131 et seq.), 74 A.L.R. Fed. 2d 275.

36-21.2-04. Animal abandonment — Definition — Exemptions — Penalty.

  1. Any person that willfully engages in the abandonment of an animal is guilty of a class A misdemeanor.
  2. For purposes of this chapter, “abandonment” means the relinquishment of a person’s custody or control, with no intention of reclaiming that custody or control, and without placing the animal into the custody or control of another person that is able to provide care for the animal and who knowingly and willingly accepts that responsibility. The term includes:
    1. The desertion of an animal; and
    2. The failure to retrieve an animal within forty-eight hours after the agreed-upon conclusion of a boarding contract or other service contract, other than that specified in section 43-29-16.1.
  3. The following do not constitute violations of this section:
    1. Any usual and customary practice in:
      1. The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;
      2. The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;
      3. The sport of rodeo;
      4. Animal racing;
      5. The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;
      6. Fishing, hunting, and trapping;
      7. Wildlife management;
      8. The culinary arts;
      9. Lawful research and educational activities; and
      10. Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;
    2. The humane or swift destruction of an animal for cause; and
    3. Services provided by or under the direction of a licensed veterinarian.
  4. For purposes of this section, “care” means food, water, and shelter from the elements, as appropriate for the species, the breed, and the animal’s age and physical condition, and necessary medical attention.

Source:

S.L. 2013, ch. 260, § 3.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

Collateral References.

Validity, construction, and application of Animal Welfare Act ( 7 U.S.C. §§ 2131 et seq.), 74 A.L.R. Fed. 2d 275.

36-21.2-05. Seizure of animal — Court order.

  1. A law enforcement officer, upon a recommendation from a licensed veterinarian approved by the board of animal health, may petition the court for an order directing the seizure of any animal believed to have been neglected, abused, treated cruelly, or subjected to any act or omission in violation of this chapter. If the animal to be seized is a bovine animal, horse, or mule, the law enforcement officer shall provide a copy of the petition to the chief brand inspector. The chief brand inspector shall conduct an ownership inspection of the animal as provided under section 36-21.2-06.
  2. The court, upon a recommendation from a licensed veterinarian approved by the board of animal health, may act without notice to the animal’s owner or to the person having custody or control of the animal and may rely solely on testimony or an affidavit in considering the petition.
  3. In the order for seizure, the court may direct that a veterinarian humanely destroy an animal if the veterinarian, upon examining the animal, determines that the animal is experiencing excruciating pain or suffering and that the animal’s pain or suffering is not likely to be alleviated using reasonable medical interventions.

Source:

S.L. 2013, ch. 260, § 3; 2017, ch. 237, § 1, effective August 1, 2017; 2019, ch. 285, § 1, effective August 1, 2019.

DECISIONS UNDER PRIOR LAW

Hearing.

Dog owner was entitled to a hearing under N.D.C.C. § 36-21.1-06 to determine whether her dogs should be returned or whether she voluntarily relinquished ownership because a relinquishment of ownership form, signed by the owner, was inconsistent with a notice of confiscation, which deputy sheriffs gave to the owner after confiscating her dogs. Peterson v. State (In re Peterson's Dogs), 2008 ND 225, 758 N.W.2d 749, 2008 N.D. LEXIS 207 (N.D. 2008).

Probable Cause.

Probable cause existed to confiscate the owner’s dogs, N.D.C.C. § 36-21.1-06, and the district court did not err in finding that she could not adequately care for them; based upon the observations of witnesses, the State had probable cause to believe the dogs were not properly fed and watered and could legally confiscate them. Peterson v. State (In re Peterson's Dogs), 2009 ND 206, 776 N.W.2d 52, 2009 N.D. LEXIS 221 (N.D. 2009).

Collateral References.

Challenges to Pre- and Post-Conviction Forfeitures and to Postconviction Restitution Under Animal Cruelty Statutes. 70 A.L.R.6th 329.

Law Reviews.

North Dakota Supreme Court Review (In re Peterson’s Dogs), see 86 N.D. L. Rev. 437 (2010).

36-21.2-06. Law enforcement — Duty upon seizure — Notification.

  1. Upon seizing an animal as provided for in section 36-21.2-05, the law enforcement officer shall provide care for the animal, either directly or through a contractual arrangement with another person. For purposes of this subsection, “care” means food, water, and shelter from the elements, as appropriate for the species, the breed, and the animal’s age and physical condition, and necessary medical attention.
    1. If the owner and the person having custody or control at the time of the seizure are known to the officer or can be determined following a reasonable inquiry, the officer shall:
      1. Provide notice of the seizure to the owner, the person having custody or control of the animal, and, if the animal is a bovine animal, horse, or mule, to the chief brand inspector; and
      2. Petition the court for an order directing the animal’s disposition.
    2. If the animal’s owner is not known to the law enforcement officer and cannot be determined following a reasonable inquiry, the officer shall publish notice of the animal’s seizure in the official newspaper of the county and indicate that if the owner does not claim the animal within five days, the animal will be sold, placed for adoption, or humanely destroyed, at the direction of the law enforcement officer. If the animal to be seized is a bovine animal, horse, or mule, the officer also shall provide notice to the chief brand inspector.
      1. If the owner does not claim the animal within five days following publication, as required by this subdivision, the law enforcement officer shall sell the animal, place the animal for adoption, or provide for its humane destruction.
      2. If the owner is identified within the five-day period following publication, the law enforcement officer shall petition the court for an order directing the animal’s disposition.
  2. In ruling on a petition for an animal’s disposition under this section, a court may direct that the animal be sold, placed for adoption, humanely destroyed, or returned to its owner, with or without conditions. If the animal subject to the disposition ruling is a bovine animal, horse, or mule, the law enforcement officer shall provide notice of the ruling to the chief brand inspector. The chief brand inspector shall conduct an ownership inspection of the animal subject to the ruling.
  3. The owner of an animal, at any time before a final ruling on the animal’s disposition, may request a hearing before the court. If a hearing is requested, the court may not issue a final ruling on the disposition of the animal until the conclusion of the hearing.

Source:

S.L. 2013, ch. 260, § 3; 2019, ch. 285, § 2, effective August 1, 2019.

Collateral References.

Challenges to Pre- and Post-Conviction Forfeitures and to Postconviction Restitution Under Animal Cruelty Statutes. 70 A.L.R.6th 329.

36-21.2-07. Costs of seizure and care — Responsibility of owner — Lien.

  1. If convicted of violating this chapter, the owner of an animal seized under section 36-21.2-05 is responsible for all costs related to the animal’s seizure, including required notifications, attorney’s fees, court costs, and any costs incurred in providing the animal with care or in providing for its destruction in accordance with section 36-21.2-06.
    1. The law enforcement agency that seized the animal has a lien upon the animal for all costs incurred as a result of the seizure and conviction. The lien is superior to any other claim or lien.
    2. If the lien is not satisfied by the animal’s owner, the law enforcement agency may apply to the court for an order enforcing the lien.
  2. If a seized animal is sold, the proceeds must be used first to satisfy the lienholder to the extent of the lien and second to satisfy any other claims involving the animal. Any remaining proceeds must be returned to the owner, as directed by the court. If the owner is unknown, any proceeds otherwise payable to the owner must be deposited in the general fund of the county.

Source:

S.L. 2013, ch. 260, § 3.

36-21.2-08. Abandoned animal — Law enforcement officer — Duties.

  1. A law enforcement officer may take custody of an animal if the officer has reasonable cause to believe that the animal has been abandoned in violation of this chapter.
    1. Upon taking custody of an animal in accordance with this section, the law enforcement officer shall:
      1. Provide care for the animal, either directly or through a contractual arrangement with another person; and
        1. Notify the owner, if known to the officer; or
        2. If the owner is not known to the officer, provide notice of the animal’s custody, indicate that if the owner does not lay claim to the animal within five days, the animal will be sold, placed for adoption, or humanely destroyed, at the direction of the law enforcement officer, and include the officer’s contact information.
    2. For purposes of this subdivision, notice may be provided by:
      1. Publication in the official newspaper of the county if the newspaper is published daily or in a daily newspaper serving the county;
      2. Any electronic means; or
      3. Posting a description and a photograph at the local law enforcement center.
  2. If the owner is identified within the five-day period, the law enforcement officer shall return the animal to the owner only if:
    1. The owner demonstrates that the animal was not abandoned in violation of this chapter; and
    2. The owner pays for all costs associated with the animal’s care while in custody, including any costs of notifications under this section.
  3. If the law enforcement officer refuses to return the animal to its owner, the owner may petition the court for an order directing its return. In ruling on a petition under this subsection, a court may direct that the animal be sold, placed for adoption, humanely destroyed, or returned to its owner with or without conditions.
  4. If the owner does not lay claim to the animal within five days, the law enforcement officer shall sell the animal, place it for adoption, or humanely destroy it.
  5. Any proceeds from the sale or adoption of an animal under this section must be deposited in the county general fund.
  6. Notwithstanding the requirements of this section, if upon examining an animal taken into custody by a law enforcement officer in accordance with this section a licensed veterinarian determines that the animal’s condition justifies its destruction, the veterinarian shall humanely destroy the animal. The law enforcement agency shall reimburse the veterinarian for the cost of the animal’s destruction.
  7. For purposes of this section, “care” means food, water, and shelter from the elements, as appropriate for the species, the breed, and the animal’s age and physical condition, and necessary medical attention.

Source:

S.L. 2013, ch. 260, § 3.

Collateral References.

Challenges to Pre- and Post-Conviction Forfeitures and to Postconviction Restitution Under Animal Cruelty Statutes. 70 A.L.R.6th 329.

36-21.2-09. Title of animal — Sale or adoption.

The title to any animal sold or adopted in accordance with this chapter passes to the individual taking custody or control of the animal.

Source:

S.L. 2013, ch. 260, § 3.

36-21.2-10. Veterinarian.

If upon examining an animal a licensed veterinarian determines that there is reasonable cause to believe an animal has been neglected, abused, treated cruelly, or subjected to any act or omission in violation of this chapter, the veterinarian may retain custody of the animal and shall immediately notify law enforcement officials regarding the determination.

Source:

S.L. 2013, ch. 260, § 3.

36-21.2-11. Caged animals — Public display — Exemptions — Penalty.

  1. In addition to any other requirements set forth in this chapter, a person placing a caged animal on public display shall ensure that:
    1. The size of the cage allows the animal to stand up, lie down, and turn or move about; and
    2. The cage provides the animal with protection from the elements, as appropriate for the species, the breed, and the animal’s age and physical condition.
  2. Any person that willfully fails to meet the requirements of this section is guilty of a class A misdemeanor.
  3. This section does not apply to:
    1. The North Dakota state fair association;
    2. Agricultural fair associations; or
    3. Political subdivisions.
  4. The following do not constitute violations of this section:
    1. Any usual and customary practice in:
      1. The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;
      2. The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;
      3. The sport of rodeo;
      4. Animal racing;
      5. The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;
      6. Fishing, hunting, and trapping;
      7. Wildlife management;
      8. The culinary arts;
      9. Lawful research and educational activities; and
      10. Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;
    2. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;
    3. The humane or swift destruction of an animal for cause; and
    4. Services provided by or under the direction of a licensed veterinarian.

Source:

S.L. 2013, ch. 260, § 3.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-21.2-12. Unattended animal in motor vehicle — Penalty.

  1. An individual may not leave an animal unattended in a motor vehicle without ensuring that the animal’s health and safety is not endangered.
  2. An individual who violates this section is guilty of an infraction.
  3. A law enforcement officer may use reasonable means to enter a motor vehicle and remove an animal left in violation of this section.

Source:

S.L. 2013, ch. 260, § 3.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-21.2-13. Immunity from liability.

A veterinarian is immune from civil or criminal liability if the veterinarian, on the veterinarian’s own initiative or at the request of a law enforcement officer or other governmental entity, renders emergency treatment to a sick or injured animal under this chapter. Immunity under this section does not apply in the case of negligence.

Source:

S.L. 2013, ch. 260, § 3.

36-21.2-14. Estrays.

This chapter does not apply to estrays.

Source:

S.L. 2013, ch. 260, § 3.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

36-21.2-15. Multiple animals — Enhancement of offense.

If a violation of this chapter involves multiple animals, whether of the same species or not, the violation is deemed to be a singular offense for purposes of enhancement.

Source:

S.L. 2013, ch. 260, § 3.

CHAPTER 36-22 Estray Inspection [Repealed]

[Repealed by S.L. 2013, ch. 72, § 8]

Effective Date.

The repeal of this chapter by section 8 of chapter 72, S.L. 2013 became effective July 1, 2013.

Note.

See now, generally, N.D.C.C. ch. 4.1-75, Estrays.

36-22-01. Estray defined. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-02. North Dakota stockmen’s association authority. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-03. Rules — Fees for inspection. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-04. Collection of estray funds. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-05. Estray fund. [Repealed]

Repealed by S.L. 1999, ch. 318, § 8.

36-22-06. Payment to owners of estrays. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-07. Publication of list of estrays. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-08. Disposition of unclaimed receipts from sale of estrays. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-08.1. North Dakota stockmen’s association fund — Continuing appropriation. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

36-22-09. Audit of stockmen’s association. [Repealed]

Repealed by S.L. 2013, ch. 72, § 8.

CHAPTER 36-23 Standards for Meat Inspection, Sanitation, and Distribution [Repealed]

[Repealed by S.L. 1969, ch. 322, § 10]

CHAPTER 36-23.1 Meat Inspection [Repealed]

[Repealed by S.L. 1991, ch. 377, § 3]

CHAPTER 36-24 Meat Inspection [Repealed]

Source:

Repealed by S.L. 2017, ch. 68, § 18, effective July 1, 2017.

36-24-01. Definitions. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; 2003, ch. 291, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-02. Inspectors — Appointments — Duties. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-03. Access by inspectors — Penalty. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-04. Marks and labels. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-05. False or misleading marks, labels, and containers. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-06. Prohibitions. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-07. Official marks and certificates — Required authorization. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-08. Horse meat — Requirements. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-09. Bribery. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-10. Individual and custom processing — Exemption from inspection requirements. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; 2003, ch. 291, § 2; 2003, ch. 292, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-11. Storing and handling conditions. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-12. Articles not intended as human food. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-13. Records. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-14. Records — Examination. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-15. Records — Retention. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-16. Registration of business. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-17. Dead, dying, disabled, or diseased animals — Rules. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-18. Cooperation with federal government. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-19. Refusal or withdrawal of inspection. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-20. Detention of animals or products. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-21. Seizure and condemnation. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-22. Sale of condemned items. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-23. Types of proceedings — Award of costs. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-24. Powers of commissioner. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-25. Interstate shipment. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

36-24-26. Penalties. [Repealed]

Source:

S.L. 1999, ch. 320, § 1; 2009, ch. 299, § 1; repealed by 2017, ch. 68, § 18, effective July 1, 2017.

CHAPTER 36-25 Farmed Elk

36-25-01. Definitions.

In this chapter, unless the context otherwise requires:

  1. “Board” means the state board of animal health.
  2. “Commissioner” means the agriculture commissioner.
  3. “Farmed elk” means mammals of the elk family (cervus elaphus), except red deer, confined in a manmade enclosure designed to prevent escape and:
    1. Raised for fiber, meat, or animal byproducts;
    2. Raised for breeding, exhibition, or harvest; or
    3. Maintained for any other purpose.
  4. “Owner” means a person who owns or is responsible for the raising of farmed elk.

Source:

S.L. 1999, ch. 321, § 3; 2003, ch. 293, § 2.

36-25-02. Rules — Database.

The board may adopt rules relating to the raising of farmed elk, including matters concerning the health, safety, confinement, and identification of farmed elk. Any rules relating to nontraditional livestock and adopted by the board before August 1, 1999, are, if applicable to farmed elk, deemed to apply to farmed elk until otherwise modified by the board. The board shall maintain a database regarding farmed elk.

Source:

S.L. 1999, ch. 321, § 3.

36-25-03. Advisory committee.

The commissioner may appoint a farmed elk advisory committee to provide advice to the commissioner regarding farmed elk.

Source:

S.L. 1999, ch. 321, § 3.

36-25-04. Development program.

The commissioner may establish a farmed elk development program to support applied research and provide demonstrations, financing, marketing, promotion, breed development and registration, and other services related to the raising of farmed elk. The commissioner shall include information regarding farmed elk in reports on agriculture in this state.

Source:

S.L. 1999, ch. 321, § 3.

36-25-05. Confinement — Rules.

Farmed elk must be confined in a manner designed to prevent escape. Unless otherwise required by rule, fencing for farmed elk must be at least eighty-four inches [213.36 centimeters] in height. If any farmed elk escape, their owner shall report the escape to the board within one business day of the discovery and shall notify the board upon recapture. The owner is liable for the expenses incurred by another person in capturing, caring for, and returning farmed elk that have escaped, provided the other person notifies the owner as soon as practicable after discovering the escape.

Source:

S.L. 1999, ch. 321, § 3.

36-25-06. Agricultural pursuit.

Farmed elk are livestock, and the products of farmed elk are farm products for purposes of financial transactions and collateral. The raising of farmed elk is agricultural production and an agricultural pursuit.

Source:

S.L. 1999, ch. 321, § 3.

36-25-07. Sales of meat products.

Unless otherwise provided, a person selling or buying farmed elk as livestock, for human consumption or for slaughter, must comply with this title and all applicable rules.

Source:

S.L. 1999, ch. 321, § 3.

36-25-08. Identification.

The owner of farmed elk shall identify each animal by a means of identification approved by the board.

Source:

S.L. 1999, ch. 321, § 3.

36-25-09. Inspection.

The commissioner and the board may inspect farmed elk and all records related to the farmed elk.

Source:

S.L. 1999, ch. 321, § 3.

36-25-10. Enforcement orders — Administrative hearing — Penalty.

  1. The board may order any elk brought into this state in violation of this chapter or rules adopted by the board to be returned to the state of origin or to be slaughtered. The owner of the elk has the right to an administrative hearing on an order of the board in the manner provided in chapter 28-32 if the owner makes a written request for a hearing to the board within ten days after service of the order. If the owner does not request a hearing and if the owner fails to comply with the order, the state veterinarian shall carry out the order. The owner is liable to the board for all costs, including disease testing, incurred in carrying out the order.
  2. If the board finds that a person has brought elk into this state, kept elk, or received elk in violation of this chapter or rules adopted by the board, the board may assess that person a civil penalty in an amount up to five thousand dollars per violation. Any person aggrieved by a decision of the board may appeal the decision as provided in chapter 28-32. The civil penalty assessed under this subsection must be in addition to any costs incurred by the board for enforcement of the order.
  3. Any person who knowingly violates this chapter or any rule of the board is guilty of an infraction.

Source:

S.L. 1999, ch. 321, § 3; 2003, ch. 293, § 3.

Cross-References.

Classification of offenses, penalties, see N.D.C.C. § 12.1-32-01.

CHAPTER 36-26 Feral Swine

36-26-01. Definitions.

As used in this chapter:

  1. “Board” means the state board of animal health.
  2. “Feral swine” means a hog, boar, or pig that:
    1. Appears to be untamed or undomesticated;
    2. Appears to have reverted from a domesticated to a wild state; and
    3. Is freeroaming.

Source:

S.L. 2009, ch. 300, § 1.

36-26-02. Board — Authority.

The board is responsible for the control and eradication of feral swine on state lands and on private lands in this state.

Source:

S.L. 2009, ch. 300, § 1.

36-26-03. Prohibited actions.

  1. A person may not import, transport, or possess live feral swine.
  2. A person may not intentionally, knowingly, or negligently allow swine to live in a feral state.
    1. A person may not:
      1. Hunt or trap feral swine;
      2. Sponsor or promote the hunting or trapping of feral swine;
      3. Assist in the hunting or trapping of feral swine;
      4. Profit from the release of feral swine; or
      5. Profit from the hunting or trapping of feral swine.
    2. Paragraphs 1 through 3 of subdivision a do not apply to a state or federal agency or any person authorized by a state or federal agency to engage in the control or eradication of feral swine.

Source:

S.L. 2009, ch. 300, § 1.

36-26-04. Presence of feral swine — Notification of board — Immediate threat.

  1. Any person having reason to believe that feral swine are present on property owned by or legally occupied by that person shall notify the board and cooperate with the board in controlling or eradicating the feral swine.
    1. Notwithstanding any other provision of this chapter, if a person encounters a feral swine on property owned by or legally occupied by that person and determines that the feral swine poses a threat of harm or destruction of property, the person may immediately eradicate the feral swine.
    2. Any person eradicating a swine under this subsection shall notify the board as soon as practicable, but in no event later than twenty-four hours after the time of the eradication. The person shall follow any instructions given by the board with respect to the handling of the carcass, preservation of the carcass for testing, and disposal of the carcass.

Source:

S.L. 2009, ch. 300, § 1.

36-26-05. Civil penalty.

  1. Any person violating section 36-26-03 is subject to:
    1. A civil penalty in an amount not exceeding five thousand dollars per violation; and
    2. A claim for the actual costs of control or eradication incurred by any state or federal government agency as a result of the person’s violation.
  2. Any person violating section 36-26-04 is subject to a civil penalty in an amount not exceeding two hundred fifty dollars for a first offense and a civil penalty in an amount not exceeding five thousand dollars for a subsequent offense.

Source:

S.L. 2009, ch. 300, § 1.