Cross references. —

As to duties of state geologists, see § 9-2-803 .

As to Taylor Grazing Act funds, see §§ 9-4-401 through 9-4-406 .

As to cooperative marketing associations, see §§ 17-10-101 through 17-10-125.

As to agriculture and extension work at the University of Wyoming, see §§ 21-17-301 through 21-17-308 .

As to game and fish generally, see title 23.

As to roads and highways generally, see title 24.

As to breeders' liens, see §§ 29-7-201 through 29-7-207 .

As to protection of livestock from mining shafts, see § 30-1-123 .

As to regulations for abandonment of mines with reference to the protection of persons and animals, see § 30-2-407 .

As to permitting or allowing natural gas to contaminate the atmosphere so as to injure growing crops, vegetables and livestock, see § 30-5-121 .

As to veterinarians, see §§ 33-30-201 through 33-30-215 .

As to food and drugs generally, see chapter 7 of title 35.

As to public lands generally, see title 36.

As to water, water rights, irrigation and drainage generally, see title 41.

Revision of title. —

Laws 1978, ch. 32, §§ 1 and 2, revised this title, amending and renumbering §§ 11-1-101 through 11-28-201 and 11-29-101 through 11-44-104 as §§ 11-1-101 through 11-39-104 , and amending and renumbering §§ 11-28-301 through 11-28-307 as §§ 29-7-107 through 29-7-113.Section 11-5-122, enacted by § 1, ch. 27, Laws 1978, was renumbered § 11-5-201 by the revisor of statutes.

Sections 11-18-114 through 11-18-116 have been excluded in this revised title. See Editor's notes under these section numbers.

No detailed explanation of the changes made by the 1978 act has been attempted, but historical citations to former provisions and annotations from cases decided under former provisions have been placed under comparable sections in this title where appropriate. See tables of revised and renumbered sections in Volume 11.

Law reviews. —

For article, “The Rise and Fall of Grazing Reform,” see XXXII Land & Water L. Rev. 413 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture § 1 et seq.; 4 Am. Jur. 2d Animals § 1 et seq.; 21A Am. Jur. 2d Crops § 1 et seq.; 45 Am. Jur. 2d Irrigation § 1 et seq.; 52 Am. Jur. 2d Markets and Marketing § 1 et seq.

Who is a “farmer” within provisions of Bankruptcy Act (§ 75) for agricultural compositions and extensions, 3 ALR2d 544.

Effectiveness of reservation of vendor's crop rights in land contracts in absence of such reservation in deed later executed, 8 ALR2d 565.

What constitutes “farm use” within provision of insurance policy, 10 ALR2d 674.

Cooperative marketing of farm products by producers' associations, 12 ALR2d 130.

Admissibility in condemnation proceedings of opinion evidence as to probable profits derivable from land condemned if devoted to particular agricultural purposes, 16 ALR2d 1113.

Liability of owner or operator of place of public resort, other than animal exhibitor, to patron injured by animal or insect, 17 ALR2d 459, 64 ALR4th 963.

Injury by animal as willful and malicious injury so as to preclude it or judgment procured on it from operation of discharge in bankruptcy, 26 ALR2d 1368.

Insurance on animals: risks and losses covered, 29 ALR2d 790.

Person in charge of livestock on highway as “pedestrian” with respect to rights given, and duties imposed, by traffic rules and regulations, 30 ALR2d 866.

Sufficiency of description of property, as against third persons, in chattel mortgage on farm equipment, machinery, implements, and the like, 32 ALR2d 929.

Measure and elements of recovery of buyer rescinding sale of domestic animal for seller's breach of warranty, 35 ALR2d 1273.

Liability for statement or publication representing plaintiff as cruel to or killer of animals, 39 ALR2d 1388.

Statutory liability for physical injuries inflicted by animal as surviving defendant's death, 40 ALR2d 543.

Conversion, identification of animals involved in, 51 ALR2d 1154.

What constitutes “agricultural” or “farm” labor within social security or Unemployment Compensation Acts, 53 ALR2d 406.

Liability for injury to property inflicted by wild animals, 57 ALR2d 242.

Injunction against repeated or continuing trespasses by interference with crops, 60 ALR2d 310.

Landlord's liability to tenant, or member of tenant's family, for injury by animal or insect, 67 ALR2d 1005.

Master's liability to servant injured by farm machinery, 67 ALR2d 1120.

What constitutes “farm produce” or “farm product” within coverage of fire insurance policy, 71 ALR2d 1266.

Life tenant's and remainderman's rights as to increase in livestock, 76 ALR2d 162.

Measure and elements of damages, in action other than one against a carrier, for conversion, injury, loss or destruction of livestock, 79 ALR2d 677.

Liability to social guest injured by animal, 79 ALR2d 990.

Sharecropper's share in crop wholly or partly unharvested as subject to garnishment, 82 ALR2d 858.

Construction and effect of provision for payment of damages to “crops” or “growing crops” in mineral deed or lease or in conveyance of pipeline or other underground easement, 87 ALR2d 235.

Validity, construction and effect of contract between grower of vegetable or fruit crops, and purchasing processor, packer or canner, 87 ALR2d 732.

Construction and effect of restrictive covenant in deed or conveyance specifically prohibiting or limiting the keeping of animals on the premises, 89 ALR2d 990.

Rights in growing, unmatured annual crops as between personal representative of decedent's estate and heirs or devisees, 92 ALR2d 1373.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 ALR3d 822.

Farmer's comprehensive personal liability insurance, 8 ALR3d 916.

Master's liability to agricultural worker injured other than by farm machinery, 9 ALR3d 1061.

Determination of amount payable on loss to growing crop under policy insuring against loss or injury, 20 ALR3d 924.

Owner's or keeper's liability for personal injury or death inflicted by wild animal, 21 ALR3d 603.

What constitutes total or permanent disability within the coverage of disability insurance coverage issued to farmer or agricultural worker, 26 ALR3d 714.

Liability for injury consequent upon spraying or dusting of crops, 37 ALR3d 833.

Validity and construction of statute prohibiting sale within state of skin or body of specified wild animals or of the animal itself, 44 ALR3d 1008.

Excessiveness or adequacy of damages awarded for personal injuries resulting in death of persons engaged in farming, ranching or agricultural labor, 46 ALR3d 733.

Rights in respect to crops as between estate of life tenant and remainderman, 47 ALR3d 784.

Grazing of livestock or gathering of natural crop as fulfilling traditional elements of adverse possession, 48 ALR3d 818.

Liability of owner or operator of business premises for injuries to patron caused by insect or small animal, 48 ALR3d 1257.

Liability of oil and gas lessee or operator for injuries to or death of livestock, 51 ALR3d 304.

Zoo as nuisance, 58 ALR3d 1126.

Contracts for artificial insemination of cattle, 61 ALR3d 811.

Sufficiency of description of crops under Uniform Commercial Code §§ 34.1-9-203(a)(ii) and 34.1-9-402(a), 67 ALR3d 308.

Exemption of agricultural activities or occupations from business or occupation license or tax, 38 ALR4th 1074.

Livestock or animal insurance: risks and losses, 47 ALR4th 772.

Tort liability for pollution from underground storage tank, 5 ALR5th 1.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show, 68 ALR5th 599.

Construction of § 1 of the Capper-Volstead Act (7 U.S.C. § 291) authorizing persons engaged in production of agricultural products to act together in association, 20 ALR Fed 924.

3 C.J.S. Agriculture §§ 2, 3, 5, 15 to 19, 23.

Chapter 1 General Provisions

§ 11-1-101. Definitions.

  1. As used in title 11, unless the context  otherwise requires or unless otherwise specifically noted:
    1. “Board” means the state board of agriculture;
    2. “Director” means the director of the department  of agriculture for the state of Wyoming or his designated representative;
    3. “Crop” or “agricultural crop,” when not  otherwise defined by statute, means corn, oats, wheat, barley, flax,  sorghums and other grains, potatoes, vegetables, hay, wheatgrasses  (agropyron species), needlegrasses (stipa species), bluegrasses (poa  species), fescue grasses (festuca species), grama grasses (bouteloua  species), sedges and rushes, shrubby or woody forage plants which  include salt sages (atriplex species), sagebrushes (artemisia species),  winterfat (eurotia lanata), and forage legumes which include astragalus,  lupinus and other members of the family leguminosae;
    4. “Department” means the Wyoming department  of agriculture;
    5. “Person” includes an individual, partnership,  corporation, joint stock company or any other association or entity,  public or private.

History. Laws 1955, ch. 85, § 1; W.S. 1957, § 11-1; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-1-102. Disposition of revenue.

Except as otherwise provided by law, all licensing, registration and service fees collected by the department together with such other monies as may accrue by law to the department shall be deposited with the state treasurer and credited to the general fund.

History. Laws 1969, ch. 102, § 1; W.S. 1957, § 11-4.1; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-2-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-1-103. Penalty for violations.

A person who violates any of the following sections commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both for the first offense, or by imprisonment for not more than one (1) year, a fine of not more than one thousand five hundred dollars ($1,500.00), or both for second or subsequent offenses: W.S. 11-6-210(a) or (f), 11-18-112 , 11-19-101 , 11-19-102 , 11-19-103 , 11-19-111 , 11-19-210 , 11-19-215 , 11-19-304 , 11-19-306 , 11-19-401 , 11-20-114 , 11-20-117 , 11-20-229 , 11-20-230 , 11-21-104 , 11-22-118 , 11-23-106 , 11-23-207 , 11-24-103 , 11-24-106 , 11-26-101(b), 11-30-114 and 11-48-102 . A person who violates board rules promulgated pursuant to W.S. 11-18-103(a)(v) shall be subject to the penalties specified in this section.

History. Laws 1981, ch. 98, § 1; 1990, ch. 87, § 2; 1996, ch. 46, § 2; 2001, ch. 26, § 1; 2002 Sp. Sess., ch. 22, § 1; 2006, ch. 39, § 2; 2011, ch. 21, § 1; ch. 96, § 1; 2013, ch. 12, § 1; ch. 47, § 1.

The 2006 amendment, inserted “11-20-230” in the first sentence.

Laws 2006, ch. 39, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2006.

The 2011 amendments. —

The first 2011 amendment, by Laws 2011, ch. 21, § 1, effective July 1, 2011, inserted “and 11-48-102 ,” and made related changes.

The second 2011 amendment, by Laws 2011, ch. 96, § 1, inserted “11-19-103.”

Laws 2011, ch. 96, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

This section is set out as reconciled by the Wyoming Legislative Service office.

The 2013 amendments. —

The first 2013 amendment, by ch. 12, § 1, effective July 1, 2013, added “11-19-210, 11-19-215 , 11-19-304 , 11-19-306 ” to the string of references in the section.

The second 2013 amendment, by ch. 47, § 1, effective July 1, 2013, added “11-24-103” following “11-23-207”; and added “11-26-101(b)” following “11-24-106.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 11-1-104. License and regulation by the department of agriculture; fee.

  1. The department shall collect a minimum  annual fee of twenty-five dollars ($25.00) for the first license or  activity issued or regulated under subsection (b) of this section  which shall be deposited in the general fund. An additional annual  fee of twenty-five dollars ($25.00) shall be collected for each subsequent  license issued or activity regulated under subsection (b) of this  section. No person shall be required to pay more than one hundred  dollars ($100.00) in any calendar year for each place of business  even if the person obtains more than four (4) licenses from the department.
  2. The fee imposed by subsection (a) of this  section shall be collected upon the following persons or activities:
    1. Aerial hunting permit under W.S. 11-6-105 ;
    2. Apiary registration under W.S. 11-7-212 ;
    3. Resident and nonresident nursery stock  dealers and salesmen licensed under W.S. 11-9-102 ;
    4. Repealed by Laws 1994, ch. 46, § 2.
    5. Seed dealers licensed under W.S. 11-12-103 ;
    6. Aircraft registration under W.S. 35-7-373(b);
    7. through (xi) Repealed  by Laws 2000, ch. 37, § 4.
    8. Repealed by Laws 1995, ch. 21, § 2.
    9. Repealed by Laws 2009, ch. 191, § 2.

History. Laws 1993, ch. 135, § 1; ch. 160, § 2; 1994, ch. 46, § 2; 1995, ch. 21, §§ 1, 2; 2000, ch. 37, § 4; 2009, ch. 191, § 2.

The 2009 amendment, effective July 1, 2009, repealed former (b)(xiii) which read: “Persons with regulated weights, measures, weighing or measuring devices under W.S. 40-10-117 through 40-10-136 .”

Chapter 2 Department of Agriculture

Cross references. —

As to duty of department to establish plan for rodent and predator control, see § 11-6-104 .

As to authority of department to conduct state fair, see § 11-10-101 .

As to licensing seed dealers, see § 11-12-103 .

As to administering Fertilizer Law, see § 11-14-102 .

As to the Wyoming state loan and investment board, see chapter 34 of this title.

As to the Wyoming beef council, see chapter 37 of this title.

As to the Wyoming wheat commission, see chapter 38 of this title.

As to license requirement for a food wholesaler or retailer, see § 35-7-124 .

As to transfer of office of state chemist to state department of agriculture, see § 35-7-201 .

As to license requirement for a food wholesaler or retailer, see § 35-7-124 .

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture § 1 et seq.

3 C.J.S. Agriculture §§ 15 to 24.

Article 1. Board of Agriculture

Cross references. —

As to duty to supervise, operate and maintain pioneer memorial museum, see § 11-10-113 .

As to appointment of state seed analyst, see § 11-12-115 .

§ 11-2-101. Department and board created; director.

  1. A state department of agriculture is created  under the management and control of the director with the advice of  the board of agriculture.
  2. Repealed by Laws 1993, ch. 191, § 4.
  3. The department is authorized to accept,  administer and expend agricultural commodity promotion, research and  advertising assessments.

History. Laws 1923, ch. 100, § 1; R.S. 1931, § 5-101; C.S. 1945, § 34-101; W.S. 1957, § 11-2; Laws 1978, ch. 32, § 1; 1987, ch. 111, § 1; 1993, ch. 191, §§ 3, 4.

Task force. —

Laws 2005, ch. 125, § 1, directs the state health officer and the department of health in collaboration with the Wyoming department of agriculture and the Wyoming department of environmental quality to convene a multi-disciplinary task force to conduct a study of environmental health issues currently identified, the state and federal agencies to whom those issues are currently assigned and those environmental health threats identified but not clearly assigned to a particular state agency. The study is to examine overlapping governmental jurisdiction and jurisdictional gaps in environmental health matters and, to the extent needed, recommend solutions to these problems. The department is to produce and submit a comprehensive plan to coordinate and clarify agency responsibility for environmental health issues, together with recommendations for any initial legislation, to the joint labor, health and social services interim committee by November 15, 2005. The act appropriates $50,000 from the general fund to the department of health to implement the purposes of this act and further provides that the department of health may use existing resources and apply for any federal or private grants that may be available to augment funding for the required study and plan.

Laws 2005, ch. 125, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2005.

§ 11-2-102. Composition; qualifications; appointment and removal of members; quorum.

  1. The board shall consist of thirteen (13)  members, including the governor and the dean of the University of  Wyoming college of agriculture or his designated representative as  ex officio nonvoting members. Eleven (11) voting members shall be  appointed by the governor with the advice and consent of the senate  and may be removed by the governor as provided in W.S. 9-1-202 .
  2. One (1) member shall be appointed from  each of the seven (7) appointment districts pursuant to W.S. 9-1-218 . Appointments in each appointment district shall be rotated  among the several counties comprising the district.
  3. Members appointed in accordance with subsection  (b) of this section from appointment districts shall be appointed  for a term of six (6) years.
  4. The seven (7) members appointed from the  appointment districts:
    1. Shall be selected to represent a cross-section  of the agricultural industry;
    2. Shall be engaged chiefly in agricultural  work; and
    3. Not more than seventy-five percent (75%) shall be members of the same political party.
  5. One (1) member shall be appointed from  each of the four (4) board of agriculture youth leadership quadrants  as follows:
    1. The northeast quadrant shall consist of  Campbell, Crook, Johnson, Niobrara, Sheridan and Weston counties;
    2. The northwest quadrant shall consist of  Big Horn, Hot Springs, Park, Teton and Washakie counties;
    3. The southeast quadrant shall consist of  Albany, Converse, Goshen, Laramie, Natrona and Platte counties; and
    4. The southwest quadrant shall consist of  Carbon, Fremont, Lincoln, Sublette, Sweetwater and Uinta counties.
  6. The four (4) members appointed from the  board of agriculture youth leadership quadrants:
    1. Shall be selected by considering a cross-section  of the agricultural industry;
    2. Shall be engaged chiefly in agricultural  work;
    3. Shall be between eighteen (18) and thirty  (30) years of age at the time of submitting the application for board  membership; and
    4. Shall be appointed for a term of four  (4) years.
  7. A majority of the appointed members of  the board constitutes a quorum for the transaction of business.
  8. Appointments and terms shall be in accordance  with W.S. 28-12-101 through 28-12-103 .

History. Laws 1923, ch. 100, §§ 2, 5; R.S. 1931, §§ 5-102, 5-104; C.S. 1945, §§ 34-102, 34-104; W.S. 1957, §§ 11-3, 11-5; Laws 1963, ch. 80, §§ 1, 2; W.S. 1977, § 11-2-201 ; Laws 1978, ch. 32, § 1; 1979, ch. 17, § 2; 1987, ch. 175, § 1; 1989, ch. 5, § 1; 1993, ch. 191, § 3; 2005, ch. 242, § 2; 2007, ch. 204, § 1; 2010, ch. 69, § 207; 2012, ch. 91, § 1; 2016, ch. 119, § 1.

Cross references. —

As to supervision and management of farms and experimental stations, see § 21-17-301 .

The 2005 amendment, deleted “or his designated representative” following “including the governor” in (a).

Laws 2005, ch. 242, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2005.

The 2007 amendment, effective July 1, 2007, in (a), substituted “thirteen (13)” for “nine (9),” substituted “Eleven (11) voting” for “Seven (7)”; added (e) and (f), and the designations (b) through (d); in present (c), substituted “six (6)” for “four (4)”; substituted “appointment” for “various” in (d); redesignated former (c) and (d) as (g) and (h); and made related and stylistic changes.

The 2010 amendment, effective July 1, 2010, in (h), deleted “Effective July 1, 1979” at the beginning.

The 2012 amendment, substituted present (c) for former (c), which read: “Appointed members shall be appointed for a term of six (6) years.”; and added (f)(iv), and made related changes.

Laws 2012, ch. 91, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

The 2016 amendment , effective July 1, 2016, substituted “seventy-five percent (75%)” for “four (4)” in (d)(iii).

Editor's notes. —

Laws 2007, ch. 204, § 3, states as follows: “W.S. 11-2-102(f) shall not apply to members of the board of agriculture appointed prior to the effective date of this act, but shall apply to members of the board of agriculture appointed after the effective date of this act.”

Laws 2012, ch. 91, § 2, states as follows: “Nothing in this act shall affect the terms of members currently serving on the board of agriculture. This act and the modification of the term for members appointed from the board of agriculture youth leadership quadrants to the board of agriculture shall apply upon expiration of terms of the current members.”

Laws 2016, ch. 119 § 3, provides: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

Appropriations. —

Laws 2007, ch. 204, § 2 states as follows: “There is appropriated from the general fund to the department of agriculture twenty-five thousand dollars ($25,000.00) for the purpose of implementing this act through June 30, 2008.”

§ 11-2-103. Regular and special meetings.

The board shall meet annually on the second Monday of April, and special meetings of the board may be held by a call of the director, the president of the board or a majority of the members of the board.

History. Laws 1923, ch. 100, § 4; 1925, ch. 24, § 1; R.S. 1931, § 5-103; C.S. 1945, § 34-103; Laws 1951, ch. 53, § 1; W.S. 1957, § 11-6; W.S. 1977, § 11-2-202 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-2-104. Salary and expenses; oath; election of president and vice-president.

The board members, except the governor and the dean of the University of Wyoming college of agriculture, shall be paid the salary, for attending and traveling to and from official board business shall be one hundred dollars ($100.00) per day and the mileage and per diem for attending and traveling to and from official board business in the same manner and amount as state employees. The appointed board members, within a reasonable time after their appointment, shall qualify by taking the constitutional oath of office and filing it with the secretary of state. The appointed members shall elect from their members a president and vice-president.

History. Laws 1923, ch. 100, § 6; R.S. 1931, § 5-105; C.S. 1945, § 34-105; W.S. 1957, § 11-7; W.S. 1977, § 11-2-203 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2007, ch. 204, § 1.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

The 2007 amendment, effective July 1, 2007, rewrote the first sentence relating to the salary and mileage for official board business.

Article 2. Director of the Department of Agriculture

Cross references. —

As to power to issue and enforce rules concerning nursery stock, see § 11-9-107 .

As to enforcement of provisions dealing with buying, selling and storing of grain, see § 11-11-107 .

As to duty to enforce pure seed laws, see § 11-12-112 .

As to enforcement of Commercial Feed Law, see § 11-13-104 .

As to authority to establish rules and regulations in regard to Fertilizer Law, see § 11-14-111 .

As to duty to appoint potato inspectors, see § 11-15-104 .

As to duties as a member of wildlife/livestock disease research partnership, see § 11-19-602 .

As to director being ex officio member of state advisory board on soil conservation programs, see § 21-17-306 .

As to the duty to establish and maintain a food safety program, see § 35-7-123 et seq.

As to duty of director to administer and enforce Environmental Pesticide Control Act, see § 35-7-355 .

As to duty to enforce provisions relative to standards for gasoline and eliminating oil, see § 40-7-105 .

As to duty to enforce provisions relative to weights and measures, see §§ 40-10-121 through 40-10-123 .

§ 11-2-201. Qualifications; appointment.

  1. The director of the department of agriculture  shall:
    1. Be a college graduate with at least five  (5) years experience in agriculture; or
    2. Have at least twelve (12) years experience  in agriculture and otherwise be qualified if not a college or university  graduate.
  2. The governor with the approval of the  senate, shall appoint the director. The director shall serve at the  pleasure of the governor and may be removed by the governor as provided  in W.S. 9-1-202 . Any vacancy shall be filled by the governor in accordance  with W.S. 28-12-101 .

History. Laws 1923, ch. 100, § 5; R.S. 1931, § 5-104; C.S. 1945, § 34-104; W.S. 1957, § 11-3; Laws 1963, ch. 80, § 1; W.S. 1977, § 11-2-102 ; Laws 1978, ch. 32, § 1; 1987, ch. 10, § 1; 1993, ch. 191, § 3.

§ 11-2-202. Powers and duties of director generally.

  1. The director shall have his office in  Cheyenne and shall:
    1. Act as secretary and executive officer  of the board;
    2. Through the appropriate division established  by W.S. 11-2-101 and with the advice of the board, enforce and execute  all laws of the state and rules and regulations of the board;
    3. Repealed by Laws 1998, ch. 6, § 5.
    4. Cooperate with other state institutions  and organizations, the agricultural departments of other states and  the secretary of agriculture of the United States;
    5. Foster a practicable conservation of state  natural resources;
    6. Publish information of practical value  to state agricultural interests for free distribution among the farmers  and other interested persons within the state;
    7. Promulgate necessary rules and regulations  to implement W.S. 11-2-202 .
  2. and  (c) Repealed by Laws 1993, ch. 191, § 4.
  3. The director in collecting information  necessary to perform duties of the department and its divisions, may  request information from any agency of the state, a county, city,  town or other political subdivision. An agency shall furnish information  upon written request of the director. An owner, operator or manager  of any manufacturing, mining or other business establishment operating  in this state or other person having information necessary to carry  out the purposes of this act shall upon request of the director, furnish  the information upon forms supplied by the board.
  4. For purposes consistent with duties imposed  by law and rule and regulation, the director may accept grants from  private or public agencies, organizations or other persons.
  5. The director may allow the permitting,  registration, licensing, testing, inspection and reporting requirements  of this title to be conducted electronically as provided by the Uniform  Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.

History. Laws 1923, ch. 100, §§ 12, 14; 1927, ch. 57, § 1; R.S. 1931, §§ 5-111, 5-113; C.S. 1945, §§ 34-111, 34-113; W.S. 1957, §§ 11-10, 11-11; Laws 1973, ch. 23, § 1; W.S. 1977, §§ 11-2-302, 11-2-303; Laws 1978, ch. 32, § 1; 1987, ch. 111, § 1; 1988, ch. 27, § 1; 1993, ch. 191, §§ 3, 4; 1998, ch. 6, § 5; 2005, ch. 175, § 2; 2010, ch. 82, § 1.

The 2005 amendment added (f).

Laws 2005, ch. 175, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2010 amendment, in (d), substituted “director” for “commissioner” at the end of second sentence.

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

§ 11-2-203. Deputy director; employment of personnel.

The deputy director shall serve at the pleasure of the director and is responsible to and under the control and supervision of the director. The director may employ professional, technical and other personnel as necessary to perform duties prescribed by law and rule and regulation of the board.

History. Laws 1923, ch. 100, § 9; R.S. 1931, § 5-108; C.S. 1945, § 34-108; W.S. 1957, § 11-12; W.S. 1977, § 11-2-304; Laws 1978, ch. 32, § 1; 1987, ch. 111, § 1; 1993, ch. 191, § 3.

§ 11-2-204. Services of persons in employ of university; reimbursement; applicability of provisions.

  1. In performing duties imposed by law which  require technical scientific training, the director may request the  services of qualified members of the University of Wyoming faculty,  resident or extension. Faculty members shall serve without additional  compensation but the department shall reimburse the University of  Wyoming for fifty percent (50%) of the salary paid by the university  while the faculty member is actually performing services for the director.  The use of faculty members and the proportion and distribution of  their time shall be determined by agreement between the director and  the president of the university and the faculty member shall be employed  by the department when performing duties for the director under this  section.
  2. This section applies to horticulture,  apiculture, poultry, dairying, food, oils, seeds, marketing farm crops  and any other duties imposed upon the department which the director  and the board determine to be more efficiently and economically administered  by use of university faculty members. This section does not apply  to any branch of agriculture otherwise specifically provided for by  law.

History. Laws 1923, ch. 100, § 10; R.S. 1931, § 5-109; C.S. 1945, § 34-109; W.S. 1957, § 11-13; W.S. 1977, § 11-2-305; Laws 1978, ch. 32, § 1; 1987, ch. 111, § 1; 1988, ch. 27, § 1; 1993, ch. 191, § 3; 2004, ch. 130, § 1.

The 2004 amendment, in (a), substituted “director” for “commissioner.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 11-2-205. [Repealed.]

Repealed by Laws 1987, ch. 111, § 2.

Editor's notes. —

This section, which derived from Laws 1923, ch. 100, § 10, related to the oath, duties and compensation for deputies.

§ 11-2-206. Reports to governor.

The director shall report to the governor respecting the programs and fiscal activities of the department as required by W.S. 9-2-1014 .

History. Laws 1923, ch. 100, § 17; R.S. 1931, § 5-116; C.S. 1945, § 34-116; W.S. 1957, § 11-17; Laws 1973, ch. 215, § 1; W.S. 1977, § 11-2-309; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-2-207. Rangeland health assessments.

  1. The rangeland health assessment program  is hereby created. The director shall provide for the cooperation  and participation with the University of Wyoming, state agencies,  county governments, federal agencies and private landowners in the  assessment of the condition of the health of Wyoming grazing lands.  The rangeland health program shall include, but not be limited to:
    1. The necessity for a rangeland health assessment  for a particular area of Wyoming grazing lands, including the impact  on state, federal, local and private property;
    2. The rangeland health assessment shall  be done only with the voluntary cooperation and participation of all  participants, including the private landowner, the state grazing lessee  and the federal grazing permittee or lessee;
    3. The rangeland health assessment shall  be conducted on federal or state managed lands only under a memorandum  of agreement with the federal or state land management agency and  with the participation of that federal or state land management agency;
    4. The rangeland health assessment shall  include, as necessary, establishment of rangeland monitoring, compliance  with federal agency standards and guidelines and participation in  the incorporation of assessment outcomes into any federal or state  decision affecting livestock grazing;
    5. The rangeland health assessment shall  include any protections necessary for the management of soil erosion  and vegetation loss.
  2. The director is authorized to contract  with the University of Wyoming, institutions of higher education and  other qualified state and local governmental agencies to:
    1. Conduct rangeland health assessments as  provided pursuant to subsection (a) of this section;
    2. Conduct rangeland health assessments on  previously established exclosures which exclude livestock grazing  to determine what effect the elimination of grazing has had on the  quality of the rangeland. These assessments may include an assessment  of nearby grazed rangeland as provided in paragraph (i) of this subsection  to assist in the evaluation of the effect of excluding grazing.
  3. The director shall establish matching  funds for any contract entered into pursuant to subsection (b) of  this section.
  4. The director may accept additional matching  funds to augment the planned rangeland health assessment to:
    1. [VETOED BY GOVERNOR MARCH 10, 2010.]
    2. Identify tools and strategies for resource  use that best promote rangeland health;
    3. Facilitate the efficacy of the rangeland  study.
  5. The director shall establish priorities  for the distribution of available funding, including consideration  of:
    1. Applications that include multiple resource  partners;
    2. Amount and variety of funding sources;
    3. Timing and urgency of the project.
  6. The director is authorized to adopt rules  and regulations necessary to implement this section.

History. Laws 2010, ch. 107, § 1.

Editor's notes. —

The governor vetoed language in (d)(i) that would have facilitated multiple use of the resource.

§ 11-2-208. Agricultural research funding program.

  1. The director shall, through rule and regulation,  establish a process to solicit applications from the agricultural  industry in the state for applied agricultural research projects.
  2. The director, with approval from the board,  may solicit applications for applied research under this section and  shall contract with any appropriate educational institution or other  qualified entity to conduct the research as provided in the application.
  3. In soliciting and reviewing applications  under this section, the director and the board shall:
    1. Consult with producers and nonprofit organizations  representing Wyoming agricultural producers;
    2. Consider the potential impacts of the  research in strengthening Wyoming’s agricultural industry and agricultural  production;
    3. Consider the time for anticipated completion  of the research;
    4. Consider the educational institution or  other qualified entity which will conduct the research, giving preference  to educational institutions located within the state;
    5. Ensure that the research results will  be widely disseminated to the appropriate sectors of Wyoming agriculture;
    6. Establish requirements for matching contributions  from the educational institution or entity involved in the research  and give preference to those projects which include additional private  and institutional funding in support of the projects.

History. Laws 2012, ch. 73, § 1.

Effective date. —

Laws 2012, ch. 73, § 3, makes the act effective July 1, 2012.

Chapter 3 Agricultural Statistics

Repealing clauses. —

Section 5, ch. 87, Laws 1925, repealed all laws and parts of laws in conflict with that act.

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture § 1 et seq.

3 C.J.S. Agriculture § 5.

§ 11-3-101. Duty of county assessors.

At the time of making annual assessment of property, each county assessor shall collect statistics in relation to farm products and agricultural resources from each farm and ranch owner, operator or renter as called for by the director. Necessary forms shall be furnished by the director, but shall not duplicate questions in assessor’s schedules.

History. Laws 1925, ch. 87, § 1; R.S. 1931, § 5-501; C.S. 1945, § 34-401; W.S. 1957, § 11-18; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Cross references. —

As to duty of director of agriculture to compile agricultural statistics, see § 11-2-202 .

As to other duties of county assessors, see § 18-3-204 .

§ 11-3-102. Disposition of forms.

The original forms upon which statistics are gathered by the county assessor shall be returned to the director immediately upon completion of the assessment work, and not later than June 1 each year.

History. Laws 1925, ch. 87, § 2; R.S. 1931, § 5-502; C.S. 1945, § 34-402; W.S. 1957, § 11-19; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-3-103. Reports confidential.

The reports made to the director are confidential. The records of individuals, firms or corporations supplying information called for by law shall not be used to disclose personal or corporate affairs.

History. Laws 1925, ch. 87, § 3; R.S. 1931, § 5-503; C.S. 1945, § 34-403; W.S. 1957, § 11-20; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-3-104. Service to be performed under general assessment law.

The service performed by the several assessors in the state shall be performed in connection with their service under the general assessment law of the state and as one of the regular duties devolving upon the county assessor’s office. No extra compensation shall be allowed.

History. Laws 1925, ch. 87, § 4; R.S. 1931, § 5-504; C.S. 1945, § 34-404; W.S. 1957, § 11-21; Laws 1978, ch. 32, § 1.

Chapter 4 State Entomologist [Repealed]

§§ 11-4-101 through 11-4-104. [Repealed.]

Repealed by Laws 1991, ch. 16, § 1.

Editor's notes. —

This chapter derived from Laws 1925, ch. 148, §§ 1 through 3 and 38.

Laws 1991, ch. 29, § 3, purported to amend § 11-4-103, but this amendment was not given effect due to the repeal of this section by Laws 1991, ch. 16, § 1.

Chapter 5 Weed and Pest Control

Cross references. —

As to prohibition against sale of noxious weed seeds, see § 11-12-104 .

As to requiring screenings to be free from noxious weed seeds, see § 11-12-108 .

As to expenditure of moneys derived from grazing fees under Taylor Grazing Act, see § 9-4-404 .

Lowest resident bidder, denied spraying contract by private corporation, not denied property right. —

A dusting pilot engaged in the weed and pest control business, who was denied a spraying contract by a private, nonprofit corporation despite being the lowest resident bidder, did not establish his federal civil rights claim. The private corporation's receipt of substantial amount of public funding from a county weed and pest control district, a public corporation, did not convert its status to that of a public corporation. Thus, the pilot had no more than a unilateral expectation of a statutory preference right (§ 16-6-102 ), and not a legitimate claim of entitlement, i.e., property right. Wright v. No Skiter, Inc., 774 F.2d 422, 1985 U.S. App. LEXIS 21844 (10th Cir. Wyo. 1985).

Weed and pest board without power to direct tax amount. —

Nothing in all of this chapter, particularly § 11-5-105 , relating to powers and duties of the county weed and pest district board, nor the provisions of the Municipal Budget Act (now repealed), specifically invests the board with the power to direct the board of county commissioners as to the amount of the tax necessary to carry out this chapter. State ex rel. Albany County Weed & Pest Dist. v. Board of County Comm'rs, 592 P.2d 1154, 1979 Wyo. LEXIS 393 (Wyo. 1979).

Article 1. In General

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture §§ 38 to 48.

Tort liability of governmental unit for injury or damage resulting from insecticide and vermin eradication operations, 25 ALR2d 1057.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection, 70 ALR2d 852.

Product liability — fertilizers, insecticides, pesticides, fungicides, weed killers, and the like, or articles used on the application thereof, 12 ALR4th 462.

Exterminator's tort liability for personal injury or death directly resulting from operations, 29 ALR4th 987.

Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 ALR4th 1092.

Right of nonregistrants under Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. §§ 136 -136y) to oppose cancellation of pesticide use registrations, 48 ALR Fed 756.

3 C.J.S. Agriculture §§ 95 to 104.

§ 11-5-101. Short title; purpose of provisions.

  1. This act may be cited as the “Wyoming  Weed and Pest Control Act.”
  2. The purpose of this act is controlling  designated and declared weeds and pests.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-6.9; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 2011, ch. 37, § 1.

The 2011 amendment, effective July 1, 2011, in (a), deleted “of 1973” following “Pest Control Act”; and in (b), inserted “and declared.”

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-5-102(a)(xxiv).

§ 11-5-102. Definitions. [Effective until July 1, 2021]

  1. As used in this act:
    1. “Pesticide” means any material used to  control or eradicate weeds or pests;
    2. “Authorized dealer” means any pesticide  dealer licensed in Wyoming who sells, retails, wholesales, distributes,  offers or exposes for sale, exchanges, barters or gives away any pesticide  within this state;
    3. “Board” means the Wyoming board of agriculture  established by authority of W.S. 11-2-101 through 11-2-104 ;
    4. “Director” means the director of the department  of agriculture for the state of Wyoming or his designated agent;
    5. “Control” means the process of containing,  preventing, identifying and mitigating weed and pest infestations  by using multiple integrated management practices, including but not  limited to, regulation, prevention, survey, eradication, pesticides,  cultivation, competition, grazing and biological control in an adaptive  management effort designed to reduce economic and ecological impacts  from designated and declared species and to protect uninfested lands;
    6. “County commissioners” means the board  of county commissioners of a county within which a district is located;
    7. “Declared pest” means any animal or insect  species which the board and the Wyoming weed and pest council have  found, either by virtue of its direct or indirect effect to negatively  impact management of agricultural or natural ecosystems, or as a carrier  of disease or parasites, to be detrimental to the general welfare  of persons residing within a district;
    8. “Declared weed” means any plant species  which the board and the Wyoming weed and pest council have found,  either by virtue of its direct or indirect effect to negatively impact  management of agricultural or natural ecosystems, or as a carrier  of disease or parasites, to be detrimental to the general welfare  of persons residing within a district;
    9. “Department” means the state department  of agriculture;
    10. “Designated list” means the list of weeds  and pests from time to time designated by joint resolution of the  board and the Wyoming weed and pest council or by an emergency declaration  of the director;
    11. “Designated noxious weed” means plant  species having seeds or other plant parts determined to be detrimental  to the general health or welfare of the state based upon the following:
      1. Has demonstrated the ability to aggressively  invade native plant communities and agricultural crops;
      2. Is injurious or poisonous to livestock;
      3. Is a carrier of disease or parasites;
      4. Can, by virtue of either direct or indirect  effect, negatively impact management of agricultural or natural ecosystems.
    12. “Designated pest” means any animal or  insect species that is determined to be detrimental to the health  or general welfare of the state based upon the following:
      1. Has demonstrated the ability to aggressively  invade native plant communities and agricultural crops;
      2. Is injurious or poisonous to livestock;
      3. Is a carrier of disease or parasites;
      4. Can, by virtue of either its direct or  indirect effect, negatively impact management of agricultural or natural  ecosystems.
    13. Repealed by Laws 1993, ch. 191, § 4.
    14. “District” means any county weed and pest  control district;
    15. “District board” means the board of directors  of a district having jurisdiction within the boundaries of the district  it represents;
    16. “District board member area” means a geographical  area within a district from which a member of the board of the district  is appointed;
    17. Repealed by Laws 1993, ch. 191, § 4.
    18. “Farm products” means all crops, crop  products, nursery stock, plants or portions thereof, but shall not  mean livestock;
    19. “Infested farm products” means farm products  which contain injurious insects, pests, weed seed, poisonous or injurious  plants or any injurious portion thereof, or plant diseases;
    20. “Landowner” means any person who has actual  use, exclusive possession of or exercises control over the land through  any lease, easement, right-of-way or estate in the land. Federal landowner  means the federal agency having jurisdiction over any lands affected  by this act;
    21. “District supervisor” means the person  appointed or employed by the district board for the purpose of carrying  out this act within a district;
    22. “Wyoming weed and pest council” means  the state council composed of one (1) representative of each district  as authorized in writing by that board of directors. The director  of the department of agriculture or his designated representative  shall serve ex officio;
    23. “Emergency declaration” means the addition  of a weed or pest to either the statewide designated list or to a  county declared list on an emergency basis to allow for immediate  control activities. An emergency declaration shall only last until  formal action can be taken by the council and the board to list the  species through established rules, and in any case not to exceed one  (1) year;
    24. “This act” means W.S. 11-5-101 through 11-5-119 .

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.3; W.S. 1977, § 11-5-103 ; Laws 1977, ch. 62, § 1; 1978, ch. 32, § 1; 1979, ch. 135, § 2; 1993, ch. 191, §§ 3, 4; 2011, ch. 37, § 1; 2021, ch. 2, § 2.

The 2011 amendment, effective July 1, 2011, in (a)(i), deleted “Agricultural” at the beginning; in (a)(ii), substituted “any pesticide dealer licensed in” for “a resident of,” and deleted “agricultural” preceding “pesticide”; rewrote (a)(v), which formerly read: “ ‘Control’ means the process of containing and limiting weed and pest infestations”; inserted “species” following “insect,” “or indirect” following “direct,” and “to negatively impact management of agricultural or natural ecosystems” in (a)(vii) and (a)(viii); in (a)(x), inserted “or by an emergency declaration of the director”; rewrote the introductory language of (a)(xi), which formerly read: “‘Designated noxious weeds’ means the weeds, seeds or other plant parts that are considered detrimental, destructive, injurious or poisonous, either by virtue of their direct effect or as carriers of diseases or parasites that exist within this state, and are on the designated list”; added (a)(xi)(A) through (a)(xi)(D); rewrote the introductory language of (a)(xii), which formerly read: “ ‘Designated pests’ means animals or insects which are on the designated list considered detrimental to the general welfare of the state”; added (a)(xii)(A) through (a)(xii)(D); in (a)(xviii), inserted “nursery stock”; in (a)(xx), substituted “person who has actual use, exclusive possession of or exercises control over the land through any lease” for “owner or lessee of state, municipal or private land, and includes an owner of any”; inserted present (a)(xxiii) and redesignated former (a)(xxiii) as (a)(xxiv).

The 2021 amendment, substituted "11-5-120" for "11-5-119" following "through" in (a)(xxiv).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-5-102. Definitions. [Effective July 1, 2021]

  1. As used in this act:
    1. “Pesticide” means any material used to control or eradicate weeds or pests;
    2. “Authorized dealer” means any pesticide dealer licensed in Wyoming who sells, retails, wholesales, distributes, offers or exposes for sale, exchanges, barters or gives away any pesticide within this state;
    3. “Board” means the Wyoming board of agriculture established by authority of W.S. 11-2-101 through 11-2-104 ;
    4. “Director” means the director of the department of agriculture for the state of Wyoming or his designated agent;
    5. “Control” means the process of containing, preventing, identifying and mitigating weed and pest infestations by using multiple integrated management practices, including but not limited to, regulation, prevention, survey, eradication, pesticides, cultivation, competition, grazing and biological control in an adaptive management effort designed to reduce economic and ecological impacts from designated and declared species and to protect uninfested lands;
    6. “County commissioners” means the board of county commissioners of a county within which a district is located;
    7. “Declared pest” means any animal or insect species which the board and the Wyoming weed and pest council have found, either by virtue of its direct or indirect effect to negatively impact management of agricultural or natural ecosystems, or as a carrier of disease or parasites, to be detrimental to the general welfare of persons residing within a district;
    8. “Declared weed” means any plant species which the board and the Wyoming weed and pest council have found, either by virtue of its direct or indirect effect to negatively impact management of agricultural or natural ecosystems, or as a carrier of disease or parasites, to be detrimental to the general welfare of persons residing within a district;
    9. “Department” means the state department of agriculture;
    10. “Designated list” means the list of weeds and pests from time to time designated by joint resolution of the board and the Wyoming weed and pest council or by an emergency declaration of the director;
    11. “Designated noxious weed” means plant species having seeds or other plant parts determined to be detrimental to the general health or welfare of the state based upon the following:
      1. Has demonstrated the ability to aggressively invade native plant communities and agricultural crops;
      2. Is injurious or poisonous to livestock;
      3. Is a carrier of disease or parasites;
      4. Can, by virtue of either direct or indirect effect, negatively impact management of agricultural or natural ecosystems.
    12. “Designated pest” means any animal or insect species that is determined to be detrimental to the health or general welfare of the state based upon the following:
      1. Has demonstrated the ability to aggressively invade native plant communities and agricultural crops;
      2. Is injurious or poisonous to livestock;
      3. Is a carrier of disease or parasites;
      4. Can, by virtue of either its direct or indirect effect, negatively impact management of agricultural or natural ecosystems.
    13. Repealed by Laws 1993, ch. 191, § 4.
    14. “District” means any county weed and pest control district;
    15. “District board” means the board of directors of a district having jurisdiction within the boundaries of the district it represents;
    16. “District board member area” means a geographical area within a district from which a member of the board of the district is appointed;
    17. Repealed by Laws 1993, ch. 191, § 4.
    18. “Farm products” means all crops, crop products, nursery stock, plants or portions thereof, but shall not mean livestock;
    19. “Infested farm products” means farm products which contain injurious insects, pests, weed seed, poisonous or injurious plants or any injurious portion thereof, or plant diseases;
    20. “Landowner” means any person who has actual use, exclusive possession of or exercises control over the land through any lease, easement, right-of-way or estate in the land. Federal landowner means the federal agency having jurisdiction over any lands affected by this act;
    21. “District supervisor” means the person appointed or employed by the district board for the purpose of carrying out this act within a district;
    22. “Wyoming weed and pest council” means the state council composed of one (1) representative of each district as authorized in writing by that board of directors. The director of the department of agriculture or his designated representative shall serve ex officio;
    23. “Emergency declaration” means the addition of a weed or pest to either the statewide designated list or to a county declared list on an emergency basis to allow for immediate control activities. An emergency declaration shall only last until formal action can be taken by the council and the board to list the species through established rules, and in any case not to exceed one (1) year;
    24. “This act” means W.S. 11-5-101 through 11-5-120 .

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.3; W.S. 1977, § 11-5-103 ; Laws 1977, ch. 62, § 1; 1978, ch. 32, § 1; 1979, ch. 135, § 2; 1993, ch. 191, §§ 3, 4; 2011, ch. 37, § 1; 2021, ch. 2, § 2.

§ 11-5-103. Composition of districts.

All land within the boundaries of Wyoming including all federal, state, private and municipally owned lands, is hereby included in weed and pest control districts within the county in which the land is located, with the boundaries of the district being the same as the boundaries of the county. Each district shall be known as the “ . . . . . County Weed and Pest Control District, State of Wyoming.”

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.4; W.S. 1977, § 11-5-104 ; Laws 1978, ch. 32, § 1.

Cited in

Cranston v. Weston County Weed & Pest Bd., 826 P.2d 251, 1992 Wyo. LEXIS 23 (Wyo. 1992).

§ 11-5-104. District board of directors; appointment; terms; vacancies; compensation and expenses.

  1. The county commissioners of each district shall hold a public meeting for appointing a district board of directors for the district. Prior to the meeting the county commissioners shall establish the number of members of the district board and shall establish district board member areas. The county commissioners may seek the advice and counsel of the members of the former district board for the establishment of district board member areas. Each district board member area shall be contiguous. Notice of the meeting shall be advertised at least once in the designated official newspaper of the county and posted on the county’s official website in the manner provided in W.S. 18-3-516(f) at least twenty (20) days prior to the date of the meeting. The notice shall solicit nominations for directors by petition signed by at least ten (10) landowners to be submitted at least five (5) days before the date of the meeting.
  2. From the nominations submitted the county  commissioners shall appoint the district board which shall consist  of five (5) or seven (7) directors. Directors shall serve for a term  of four (4) years or until their successors are appointed and qualified.
  3. Any qualified elector in the district  board member area he is appointed to represent is eligible to hold  the office of director.
  4. All district board members shall be appointed  by the county commissioners at their first regular meeting in January  of each year from among nominations submitted by petition in the manner  set forth in subsection (a) of this section. In districts encompassing  cities or towns with a population of five thousand (5,000) or more,  one (1) district board member shall be appointed from within the limits  of a city or town. A district board member shall assume office at  the first regular meeting of the district board following appointment.
  5. The county commissioners shall remove  a director for repeated unexcused failure to attend meetings or for  refusal or incapacity to act as a district board member.
  6. When a vacancy occurs on a district board  the county commissioners shall, at the next regular meeting, appoint  an individual who possesses the necessary qualifications as a district  board member to fill the unexpired term.
  7. At the first regular meeting in February  the district board shall elect from its members a chairman and a vice-chairman,  and appoint a secretary and a treasurer. The positions of secretary  and treasurer need not be members of the district board. The treasurer  shall furnish a surety bond to the district before entering upon the  duties of office in an amount to be set by the district board but  not less than fifty thousand dollars ($50,000.00).
  8. The members of the district board shall  serve without pay, but are entitled to reimbursement for actual and  necessary expenses and a mileage allowance at the rate as established  for state employees.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.5; W.S. 1977, § 11-5-105 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 2011, ch. 37, § 1; 2014, ch. 93, § 1.

Cross references. —

As to mileage allowance for county officers, see § 9-3-103 .

The 2011 amendment, effective July 1, 2011, in (g), substituted “fifty thousand dollars ($50,000.00)” for “three thousand dollars ($3,000.00).”

The 2014 amendment, in (a), substituted “advertised at least once in the designated official newspaper of the county and posted on the county's official website in the manner provided in W.S. 18-3-516(f) at least twenty (20) days” for “advertised in the official newspaper of the county at least two (2) times before the date of the meeting, with the last publication being at least two (10) days” in the third sentence.

Applied in

Cranston v. Weston County Weed & Pest Bd., 826 P.2d 251, 1992 Wyo. LEXIS 23 (Wyo. 1992).

Cited in

Eastern Laramie County Solid Waste v. State Bd. of Equalization, 9 P.3d 268, 2000 Wyo. LEXIS 174 (Wyo. 2000).

§ 11-5-105. Duties; powers; supervisor compensation. [Effective until July 1, 2021]

  1. The district board shall:
    1. Implement and pursue an effective program  for the control of designated weeds and pests;
    2. Fix the time and place of regular meetings,  which shall occur at least once each month and shall be open to the  public;
    3. Keep minutes of all meetings and a complete  record of all official acts, including all warrants issued against  monies belonging to the district, which are open for public inspection  during regular office hours;
    4. Employ certified district supervisors  and if certified personnel are not available, employ an acting district  supervisor who shall become certified within twenty-four (24) months  from the initial date of employment;
    5. Make at least one (1) annual inspection  to determine the progress of weed and pest activities within a district;
    6. Obtain competitive bids for any purchase  costing more than ten thousand dollars ($10,000.00);
    7. Control and disburse all monies received  from any source;
    8. Render technical assistance to any city  or town with a population of five thousand (5,000) or more which establishes  a program as provided in W.S. 11-5-115 .
  2. The district board of each district may:
    1. Sue and be sued;
    2. Employ personnel and determine duties  and conditions of employment;
    3. Coordinate activities with the department  and enter into cooperative agreements with other agencies;
    4. Secure and maintain bond or liability  insurance, when deemed feasible by the district board;
    5. Submit to the department reports required  by the board;
    6. Participate in programs for the control  of declared weeds and declared pests not included on the designated  list;
    7. Buy and sell real property, personal property  and equipment as needed to carry out district programs.
  3. The district supervisor shall receive  a salary and expenses as approved by the district board.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.8; W.S. 1977, § 11-5-108 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 1993, ch. 191, § 3; 2009, ch. 102, § 1; 2011, ch. 37, § 1; 2021, ch. 2, § 2.

The 2009 amendment, effective July 1, 2009, substituted “ten thousand dollars ($10,000.00)” for “one thousand five hundred dollars ($1,500.00)” in (a)(vi).

The 2011 amendment, effective July 1, 2011, in (b)(vi), deleted the former last sentence, which read: “Such programs do not qualify for cost sharing from the department”; and added (b)(vii).

The 2021 amendment, effective July 1, 2021, added (a)(ix).

Weed and pest board without power to direct tax amount. —

Nothing in all of this chapter, particularly this section, nor the provisions of the Municipal Budget Act (now repealed) specifically invests the board with the power to direct the board of county commissioners as to the amount of the tax necessary to carry out this chapter. State ex rel. Albany County Weed & Pest Dist. v. Board of County Comm'rs, 592 P.2d 1154, 1979 Wyo. LEXIS 393 (Wyo. 1979).

Board independent governmental entity. —

A district board under this title is an independent governmental entity for purposes of the Governmental Claims Act (§ 1-39-101 et seq.). Accordingly, the plaintiffs' presentation of a notice of claim to the county board of commissioners within the two-year claim period in lieu of presenting a claim to the district board deprived the court of subject matter jurisdiction over the district board. Cranston v. Weston County Weed & Pest Bd., 826 P.2d 251, 1992 Wyo. LEXIS 23 (Wyo. 1992).

Stated in

Bush Land Dev. Co. v. Crook Cnty. Weed & Pest Control Dist., 2017 WY 12, 388 P.3d 536, 2017 Wyo. LEXIS 12 (Wyo. 2017).

§ 11-5-105. Duties; powers; supervisor compensation. [Effective July 1, 2021]

  1. The district board shall:
    1. Implement and pursue an effective program for the control of designated weeds and pests;
    2. Fix the time and place of regular meetings, which shall occur at least once each month and shall be open to the public;
    3. Keep minutes of all meetings and a complete record of all official acts, including all warrants issued against monies belonging to the district, which are open for public inspection during regular office hours;
    4. Employ certified district supervisors and if certified personnel are not available, employ an acting district supervisor who shall become certified within twenty-four (24) months from the initial date of employment;
    5. Make at least one (1) annual inspection to determine the progress of weed and pest activities within a district;
    6. Obtain competitive bids for any purchase costing more than ten thousand dollars ($10,000.00);
    7. Control and disburse all monies received from any source;
    8. Render technical assistance to any city or town with a population of five thousand (5,000) or more which establishes a program as provided in W.S. 11-5-115 .
    9. Share data with the Wyoming weed and pest council and take other actions to support the coordinated and comprehensive invasive plant species control authorized in W.S. 11-5-120 .
  2. The district board of each district may:
    1. Sue and be sued;
    2. Employ personnel and determine duties and conditions of employment;
    3. Coordinate activities with the department and enter into cooperative agreements with other agencies;
    4. Secure and maintain bond or liability insurance, when deemed feasible by the district board;
    5. Submit to the department reports required by the board;
    6. Participate in programs for the control of declared weeds and declared pests not included on the designated list;
    7. Buy and sell real property, personal property and equipment as needed to carry out district programs.
  3. The district supervisor shall receive a salary and expenses as approved by the district board.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.8; W.S. 1977, § 11-5-108 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 1993, ch. 191, § 3; 2009, ch. 102, § 1; 2011, ch. 37, § 1; 2021, ch. 2, § 2.

§ 11-5-106. Board of certification; duties.

A board of certification is established consisting of the director or his designee, a University of Wyoming weed or pest specialist appointed by the dean of the college of agriculture, two (2) certified district supervisors and a district board member appointed by the Wyoming weed and pest council. The board of certification shall promulgate rules and requirements for certification of district supervisors and shall certify all personnel meeting the established requirements.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.9; W.S. 1977, § 11-5-109 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 1993, ch. 191, § 3; 2011, ch. 37, § 1.

The 2011 amendment, effective July 1, 2011, deleted the former last sentence, which read: “All inspectors certified as of February 10, 1973 are deemed certified district supervisors without any further actions of the board of certification.”

§ 11-5-107. Purchase and sale of pesticides; cost share with landowner.

  1. The district board may purchase from authorized  dealers such quantities of pesticides as are necessary, and hire labor  to carry out the provisions of this act. Warrants in payment shall  be drawn on the weed and pest control fund.
  2. The district board may sell pesticides  which have been registered with the department for designated or declared  noxious weed and pest control.
  3. In the case of delinquent indebtedness  under this section the district board may seek a judgment from the  district court for the indebtedness, reasonable attorneys’ fees and  costs. The judgment shall be enforced as provided by law.
  4. The district board may cost share with  the landowner the cost of the pesticides, the cost of the application  and the cost of any other integrated management practice for the control  of designated or declared noxious weeds and pests.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.10; W.S. 1977, § 11-5-110 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 2011, ch. 37, § 1.

The 2011 amendment, effective July 1, 2011, in (a), substituted “pesticides” for “agricultural pesticides and equipment”; in (b), deleted “agricultural” preceding “pesticides,” and inserted “designated or declared noxious”; and added (d).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-5-102(a)(xxiv).

§ 11-5-108. Rates and application of pesticides; payment by landowner; bidding restriction.

  1. The district board may establish rates  and engage in the application of pesticides for weed and pest control,  subject to subsection (b) of this section. If services provided are  not paid for by the landowner for whom rendered as provided in W.S. 11-5-107(d), such indebtedness may be collected as provided by W.S. 11-5-107(c).
  2. A district board shall not engage in competitive  bidding of bare ground application of pesticides for industrial weed  control, unless there are no commercially licensed entities operating  in the state that are able and willing to perform the service. Nothing  in this subsection shall limit the district board’s authority to act  pursuant to W.S. 11-5-105(a)(i) and 11-5-109 .

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.11; W.S. 1977, § 11-5-111 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 2009, ch. 110, § 1; 2011, ch. 37, § 1.

The 2009 amendment, effective July 1, 2009, added (b); designating the existing provisions as (a); and in (a), added “subject to subsection (b) of this section” following “control” in the first sentence.

The 2011 amendment, effective July 1, 2011, in (a), deleted “agricultural” preceding “pesticides,” deleted the former second sentence, which read: “The district board may cost share in the agricultural pesticides, and the landowner shall pay the full cost of the application,” and inserted “as provided in W.S. 11-5-107(d).”

§ 11-5-109. Inspection of land; remedial requirements; cost to landowner.

  1. Whenever the district board has probable cause to believe that a landowner’s property is infested by weeds or pests which are liable to spread and contribute to the injury or detriment of others and the board has provided written notice of probable cause to the landowner, it shall make or have made an inspection of the suspected premises through the use of lawful entry procedures. No entry upon any premises, lands or places shall be permitted under this subsection until the landowner or occupant has been notified by certified mail and, if the landowner has consented to receive notices electronically, by electronic means that provide actual notice to the landowner or occupant that the inspection is pending at least fifteen (15) days prior to the inspection. If possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant. If, after receiving notice that an inspection is pending, the landowner or occupant denies access to the district supervisor or the supervisor’s designee, the supervisor may seek an administrative inspection warrant issued by a municipal, circuit or district court having jurisdiction over the land. No landowner shall deny access to land when presented with an administrative inspection warrant issued by a court. The court shall issue an administrative inspection warrant upon presentation by the district board, through its agent or employee, of an affidavit stating:
    1. The information that gives the district board probable cause to believe that any provision of this chapter is being or has been violated;
    2. That the landowner or occupant has denied access to the district supervisor or the supervisor’s designee or has not responded within fifteen (15) days of receiving notice; and
    3. A particularized description of the location of the affected land.
  2. If the suspected area is found to be infested, the district board, by resolution adopted by two-thirds (2/3) of its members, shall confirm such fact. The resolution may set forth minimum remedial requirements for control of the infested area, provided that:
    1. The remedial requirements are likely to be effective in controlling an infestation of the species in question at the infested area;
    2. The board includes potential estimated costs if available;
    3. The benefits, both economic and environmental, exceed the estimated costs of the remedial requirements;
    4. The board may assist the landowner in developing an integrated pest management plan for the species in question; and
    5. The landowner may propose alternate remedial requirements.
  3. The district board shall deliver, by certified mail, to the address of the landowner appearing on the most recent tax rolls of the district and, if the landowner has consented to receive notices electronically, by electronic means that provide actual notice to the landowner all of the following:
    1. A copy of the resolution;
    2. A statement of the estimated cost to the landowner of fulfilling the requirements and the amount that may be shared with the landowner, as determined by district board policy.
    3. Repealed by Laws 2020, ch. 135, § 2.
  4. At the request of the landowner, the district board shall hold a hearing in accordance with the Wyoming Administrative Procedure Act. The landowner may appeal the board’s resolution to the district court.
  5. A landowner who is responsible for an infestation and fails or refuses to perform the remedial requirements for the control of the weed or pest on the infested area within the time designated in the district board’s resolution may be fined not more than fifty dollars ($50.00) per day for each day of violation and not more than a total of two thousand five hundred dollars ($2,500.00) per year as determined by the court. Any person accused under this act is entitled to a trial by jury. The accumulated fines under this section are a lien against the property of the landowner from the day notice is delivered to the landowner by the district board. All fines shall be deposited with the county treasurer and credited to the county school fund.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.12; W.S. 1977 § 11-5-112 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 2020, ch. 135, §§ 1, 2.

The 2020 amendment, effective July 1, 2020, in the introductory language of (a) substituted “a landowner’s property is infested” for “there exists land infested,” “detriment of others and the board has provided written notice of probable cause to the landowner” for “detriment of others,” “inspection of the suspected premises” for “investigation of the suspected premises,” deleted the former second and third sentences, which read “The designated representative of the district board, after giving the landowner written notice, may go upon premises within the district, through the use of lawful entry procedures, without interference or obstruction for purposes of making a reasonable investigation of the infested area. Notice is deemed to have been given if it is deposited in a United States post office by certified mail with sufficient postage, addressed to the last known address of the landowner at least five (5) days before entry,” and added the second through fifth sentences; added (a)(i) through (a)(iii); in the introductory language of (b) substituted “resolution may set forth” for “district board may set forth” and “infested area, provided that” for “infested area”; added (b)(i) through (b)(v) and made a related change; in the introductory language of (c) substituted “tax rolls” for “tax roles” and added “and, if the landowner has consented to receive notices electronically, by electronic means that provide actual notice to the landowner all of the following” at the end; in (c)(ii) substituted “estimated cost to the landowner of fulfilling” for “cost of fulfilling” and added “the amount that may be shared with the landowner, as determined by district board policy” at the end and made a related change; repealed (c)(iii), which read “A request that the requirements contained in the resolution be carried out at the owner’s expense within a designated period of time or on a cooperative basis”; in (d) added the last sentence; and in (e) substituted “within the time designated in the district board’s resolution” for “within the time designated.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-5-102(a)(xxiv).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi) and notes thereto.

§ 11-5-110. Appraisal of damage to landowner; hearing.

When the district board determines by resolution that the landowner’s property has been damaged as a result of carrying out its requirements, the district board shall by resolution appoint three (3) disinterested freeholders within the district to appraise the amount of damage, upon which the district shall forthwith compensate the landowner. The landowner may file a claim for damages and is entitled to a hearing relative to the amount of damages pursuant to the Wyoming Administrative Procedure Act.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.13; W.S. 1977, § 11-5-113 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi) and notes thereto.

Exhaustion of administrative remedies. —

District court properly dismissed a property owner's claim for inverse condemnation against a county Weed and Pest Control District, its board of directors, and four of its employees because there was no indication in the record did not indicate that the owner specifically pursued the statutory remedy, nothing in the record suggested that following the available procedure would have been futile, that the District adopted a policy or pursued a practice of general applicability which was contrary to the law, or that it was improbable that the owner could obtain appropriate relief through the administrative process. Bush Land Dev. Co. v. Crook Cnty. Weed & Pest Control Dist., 2017 WY 12, 388 P.3d 536, 2017 Wyo. LEXIS 12 (Wyo. 2017).

Am. Jur. 2d, ALR and C.J.S. references. —

Tort liability of governmental unit for injury or damage resulting from insecticide and vermin eradication operations, 25 ALR2d 1057.

Tort liability of governmental unit in connection with destruction of weeds and the like, 34 ALR2d 1210.

§ 11-5-111. Tax levied on property in district; maximum amount; weed and pest control fund.

The county commissioners shall annually levy a tax to carry out this act. The tax shall be levied upon all property in the district and shall not exceed one (1) mill on each one dollar ($1.00) of assessed valuation. The tax is not part of the general county or city mill levies. All taxes levied and collected shall be remitted to the district for a separate fund to be known as the weed and pest control fund, which shall be used only to carry out this act.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.14; W.S. 1977, 11-5-114 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-5-102(a)(xxiv).

For discussion of legislative history of section, see State ex rel. Albany County Weed & Pest Dist. v. Board of County Comm'rs, 592 P.2d 1154, 1979 Wyo. LEXIS 393 (Wyo. 1979).

Arbitrary and capricious tax levy prohibited. —

The board of county commissioners may not act in an arbitrary and capricious way and levy no tax if taxation is in fact necessary or levy a tax that is the result of an arbitrary and capricious decision upon its part. State ex rel. Albany County Weed & Pest Dist. v. Board of County Comm'rs, 592 P.2d 1154, 1979 Wyo. LEXIS 393 (Wyo. 1979).

But weed and pest board without power to direct tax amount. —

Nothing in all of this chapter, particularly § 11-5-105 , relating to powers and duties of the county weed and pest district board, nor the provisions of the Municipal Budget Act (now repealed) specifically invests the board with the power to direct the board of county commissioners as to the amount of the tax necessary to carry out this chapter. State ex rel. Albany County Weed & Pest Dist. v. Board of County Comm'rs, 592 P.2d 1154, 1979 Wyo. LEXIS 393 (Wyo. 1979).

Grantee not entitled to reimbursement for weed tax paid. —

Where a deed executed in 1947 did not contain any agreement as to the payment of taxes, the grantee was not entitled to reimbursement from the grantor for the amount of 1948 weed tax paid in 1949. Cooley v. Frank, 68 Wyo. 436, 235 P.2d 446, 1951 Wyo. LEXIS 31 (Wyo. 1951).

Cited in

Cranston v. Weston County Weed & Pest Bd., 826 P.2d 251, 1992 Wyo. LEXIS 23 (Wyo. 1992).

Law reviews. —

For article, “Administration of the General Property Tax in Wyoming,” see 4 Wyo. L.J. 227.

§ 11-5-112. [Repealed.]

Repealed by Laws 1979, ch. 135, § 3.

Editor's notes. —

This section, which derived from Laws 1973, ch. 30, § 1, related to disposition of monies collected by the department of agriculture under this chapter.

§ 11-5-113. Allocation of funds; formula; special funding.

  1. An allocation committee composed of the  director of the department of agriculture, three (3) members appointed  by the Wyoming weed and pest council and one (1) member of the board  shall allocate the funds of any legislative appropriation to the district  boards pursuant to a formula adopted by the committee. No district  board shall receive an amount in excess of one-third (1/3) of its actual  expenditures from any appropriation, unless the appropriation provides  assistance in control to a district board under subsection (b) of  this section.
  2. If the district board determines a weed  or pest is seriously endangering areas of a district or the state,  assistance in control may be provided by legislative appropriation  for this purpose, and the allocation committee shall allocate the  appropriation accordingly, and the allocation committee and each affected  district board shall be responsible for insuring that the funds are  properly expended.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.16; W.S. 1977, § 11-5-116 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 1993, ch. 191, § 3.

Cited in

Cranston v. Weston County Weed & Pest Bd., 826 P.2d 251, 1992 Wyo. LEXIS 23 (Wyo. 1992).

§ 11-5-114. Allocated funds; procedure to disburse.

A request for allocated funds pursuant to W.S. 11-5-113 shall be initiated by the district board by submitting a voucher and documentation. Upon the approval of the voucher by the allocation committee, payment shall be made by the state auditor out of funds provided for control of weeds and pests.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.17; W.S. 1977, § 11-5-117 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2.

§ 11-5-115. Program in cities and towns authorized; funding; use of monies.

  1. The governing body of any city or town  with a population of five thousand (5,000) or more may establish and  administer a program for the control of weeds and pests within the  jurisdictional limits of the city or town. If such a program is not  established, the district board shall administer a program for the  city or town.
  2. A district having a city or town with  a population of five thousand (5,000) or more which establishes a  program shall, within thirty (30) days after receipt of any funds  collected pursuant to W.S. 11-5-111 , transfer eighty-five percent (85%) of the funds attributed  to the property within the corporate limits of the city or town to  the governing body of the city or town, retaining fifteen percent  (15%) of the funds for administration of the district and for technical  assistance rendered to the city or town by the district board.
  3. Monies received by the cities from the  district shall be used to control noxious weeds and pests as determined  by the governing body of the city or town. The city or town shall  provide an annual report to the district board on designated and declared  weed and pest work completed within the jurisdictional limits of the  city or town.
  4. The governing body of a city or town which  establishes a control program may petition the district board for  special assistance and funding authorized by W.S. 11-5-113 and 11-5-114 .

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.18; W.S. 1977, § 11-5-118 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 2011, ch. 37, § 1.

The 2011 amendment, effective July 1, 2011, in (c), substituted “shall be used to control noxious weeds and pests” for “may be used in any phase of weed and pest control,” deleted the former second sentence which read: “The control program shall include work on designated weeds and pests as determined by the district board,” and added the present last sentence.

§ 11-5-116. Quarantine by director; request by district.

  1. Whenever the director, the district board  or their agents find any section of the state to be infested with  insects, pests, poisonous or injurious plants or plant diseases, and  it is established that farm products from that section are liable  to spread the insects, pests, poisonous or injurious plants or plant  diseases into other sections to the injury of others, the director  shall without unnecessary delay, declare a quarantine against such  section to prevent the transfer of farm products from the quarantined  area. When it is ascertained that insects, pests, weed seed, poisonous  or injurious plants or plant diseases are likely to be introduced  into Wyoming by the importation of farm products, domestic animals  or other objects, the director shall declare a quarantine against  the importation of such farm products.
  2. A district may initiate a district-wide  quarantine by one (1) of the following procedures:
    1. A district may request in writing that  the director declare a district-wide quarantine. Upon receipt of the  request, the director shall instruct the district to circulate a petition  for ninety (90) days within the district to obtain signatures of at  least two-thirds (2/3) of all resident landowners owning at least fifty-one  percent (51%) of all resident-owned land. Upon receipt of the properly  executed petition, the director shall declare a district-wide quarantine;
    2. A district board may hold a hearing in  compliance with the Wyoming Administrative Procedure Act. The director  shall declare a district-wide quarantine when the district has provided  the director with proper documentation that a hearing has been held  and the district has found a need for a district-wide quarantine;
    3. The district board may hold a district-wide  referendum. The director shall declare a district-wide quarantine  upon receipt of a certified document indicating that the referendum  was accepted by a majority of the electors who voted in the election.
  3. The director shall declare an individual  quarantine when requested by resolution adopted by a two-thirds (2/3)  majority of the board.
  4. The district board in compliance with W.S. 11-5-101 through 11-5-119 may request a quarantine against the entry of infested  farm products that may be injurious and detrimental to the state and  enter into agreements with the law enforcing agencies to carry out  the quarantine provision:
    1. Farm products and equipment shall be certified  free of designated noxious weed seeds or infested farm products prior  to entry into the state, with the exception of any processed feed  or grain to be reprocessed and fed to livestock;
    2. Farm products and equipment are to be  certified in the state of origin by the proper officials;
    3. Interstate shipment of farm products through  the state need not be certified if covered in a prescribed manner  as not to allow the dissemination of infested farm products.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.19; W.S. 1977, § 11-5-119 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 1993, ch. 191, § 3.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 11-5-117. Criminal provision; penalty; civil penalties; limitations; necessary proof.

  1. Any person violating any provision of  this act is guilty of a misdemeanor, and shall be fined not more than  seven hundred fifty dollars ($750.00) in addition to fines provided  for in W.S. 11-5-109(e).
  2. In any proceeding to impose any fine or  penalty for any failure to perform a remedial requirement ordered  by a district board for control of a weed or pest in any infested  area, the district board shall have the burden of proving:
    1. That the proposed remedial action would  control the target weed or pest;
    2. That the remedial action would be a cost  effective action and would be more cost effective than any alternative  action proposed or adopted by the landowner; and
    3. That the weed or pest to be controlled  was at risk of spreading to the land of others in the area.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.20; W.S. 1977, § 11-5-120 ; Laws 1978, ch. 32, § 1; 1979, ch. 135, § 2; 2011, ch. 37, § 1.

The 2011 amendment, effective July 1, 2011, in (a), substituted “seven hundred fifty dollars ($750.00)” for “one hundred dollars ($100.00),” and added (b).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-5-102(a)(xxiv).

§ 11-5-118. Inspection for contamination.

Farm products and agricultural, commercial or industrial equipment entering or moving within the district are subject to inspection for contamination of designated weeds and pests by the district board through its designated agents. The board and the Wyoming weed and pest council may promulgate rules and regulations which establish inspection standards and remedial requirements under this section.

History. Laws 1979, ch. 135, § 1.

Editor's notes. —

Former § 11-5-118 was redesignated as present § 11-5-119 in 1979.

§ 11-5-119. Rules and regulations.

The board, with the approval of a majority of the districts, may promulgate, adopt and publish rules and regulations in accordance with the Wyoming Administrative Procedure Act for the purpose of carrying out the intent of this act.

History. Laws 1973, ch. 30, § 1; W.S. 1957, § 11-69.21; W.S. 1977, § 11-5-121; Laws 1978, ch. 32, § 1; Rev. W.S. 1977, § 11-5-118 ; Laws 1979, ch. 135, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-5-102(a)(xxiv).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi) and notes thereto.

11-5-120. Wyoming weed and pest council duties. [Effective July 1, 2021]

  1. In addition to other duties prescribed by law, the Wyoming weed and pest council shall aid county weed and pest control districts in creating, managing and enhancing coordinated and comprehensive invasive plant species control programs by:
    1. Developing and implementing data systems to support each district in making invasive plant species management decisions informed by accurate, timely data, local experts, cultural practices and best available science;
    2. Coordinating with the University of Wyoming and community colleges to assess, to the extent practicable, the impacts that invasive plant species can have on socio-ecological systems. As used in this paragraph, “socio-ecological system” means a dynamic system encompassing interactions between people and nature within a defined geographical area;
    3. Coordinating with the University of Wyoming, community colleges and government agencies to support and expand outreach and provide applied research on the best use of existing tools to control invasive plant species and the development of new invasive plant species management methods;
    4. Working with federal partners to reduce barriers to timely, effective invasive plant species management on federal lands and adjoining nonfederal lands;
    5. On a biennial basis, reporting to the joint agriculture, state and public lands and water resources interim committee on the status of current funding models, existing or new funding challenges and opportunities to improve funding for designated or declared invasive plant species;
    6. Encouraging and incentivizing cooperative, landscape-scale projects to control invasive plant species that include multi-jurisdictional partnerships with clear, long-term strategies;
    7. Coordinating with other state and federal agencies to increase public awareness of the challenges presented by invasive plant species and to encourage prevention and mitigation practices.
  2. The Wyoming weed and pest council may, with the approval of the majority of the board, adopt and publish rules in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq. to carry out the purposes of this act.

History. Laws 2021, ch. 2, § 1.

Effective date. —

Laws 2021, ch. 2, § 5, makes the act effective July 1, 2021.

Article 2. Leafy Spurge Control

§§ 11-5-201 and 11-5-202. [Repealed.]

Repealed by Laws 1983, ch. 87, §§ 1, 2.

Editor's notes. —

These sections, which derived from Laws 1978, ch. 27, § 1, and Laws 1983, ch. 87, § 1, related to the leafy spurge control program.

Article 3. Special Management Program

§ 11-5-301. Authorization of program.

A weed and pest special management program may be carried out as provided by this article and legislative appropriation acts. All state and local governmental entities shall comply with the program.

History. Laws 1989, ch. 113, § 1; 2010, ch. 69, § 207.

The 2010 amendment, effective July 1, 2010, deleted “Effective July 1, 1990” at the beginning.

§ 11-5-302. Definitions.

  1. As used in this article:
    1. “District” means any county weed and pest  control district;
    2. “Integrated management system” means the  planning and implementation of a coordinated program utilizing all  proven methods for containing and controlling undesirable plants and  pests, including but not limited to education, preventive measures,  physical methods, biological agents, pesticide methods, cultural methods  and management;
    3. “Management zone” means a geographical  area within a district;
    4. “Materials” means materials used in carrying  out the objectives of integrated management system;
    5. “Method” means a procedure or process  for carrying out the application method prescribed;
    6. “Pest” means any declared pest or designated  pest defined by W.S. 11-5-102(a);
    7. “Treatment program” means the use of an  integrated management system prescribed by the district board or the  board’s designated representative;
    8. “Undesirable plant” means any declared  weed or designated noxious weed as defined by W.S. 11-5-102(a).

History. Laws 1989, ch. 113, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-5-303. Program components; funding; rulemaking authority; penalties. [Effective until July 1, 2021]

  1. Any district may carry out a weed and  pest special management program in accordance with this article. If  a district initiates a program, leafy spurge (Euphorbia esula) shall  receive priority in the program. A district may also implement an  integrated management system under W.S. 11-5-101 through 11-5-119 using funds specified by W.S. 11-5-111 , provided leafy spurge shall receive priority pursuant  to this article.
  2. Pursuant to this article a district may  implement an integrated management system on two (2) undesirable plants  or on two (2) pests or a combination of one (1) undesirable plant  and one (1) pest but under no circumstance shall the program exceed  a total of two (2).
  3. Any district which implements a special  management program under this article shall:
    1. Establish one (1) or more management zones  within the district. A management zone can only be formed with the  written consent of a majority of the landowners in the proposed management  zone;
    2. Complete an inventory on lands within  each management zone to determine the scope of infestation;
    3. Establish management criteria for the  special management program;
    4. Select the materials and methods for the  special management program based upon best available scientific facts,  current technology and economic considerations;
    5. At least ten (10) days before final approval  of the program by the district supervisors, publish notice in at least  one (1) newspaper of general circulation within the county describing  the special management program, listing the participating landowners  and stating the approximate cost of the program.
  4. Programs under this article shall be funded  as follows:
    1. Landowners shall contribute to the cost  of the treatment program on their land as determined by the district  board not to exceed twenty percent (20%) of the total cost;
    2. The district shall contribute to the cost  of the treatment program within the limitation of district funds available  under subsection (e) of this section;
    3. State or federal agencies owning lands  or administering lands, which are untaxed for the purposes of this  act [§§ 11-5-301 through 11-5-303 ], shall contribute the total cost of the treatment program  on those lands;
    4. Assistance to a district’s coordinated  program may be provided by legislative appropriation pursuant to W.S. 11-5-113(b).
  5. A district may levy not to exceed an additional  one (1) mill on the assessed value of the taxable property within  the district to fund its contributions under this section. Upon request  by the district board, the board of county commissioners may levy  the amount of tax requested not to exceed the mill levy authorized  by W.S. 11-5-111 and this subsection.
  6. Any landowner who refuses to perform remedial  requirements as established by the district board after due notice  as required by W.S. 11-5-109 may be subject to a fine provided by W.S. 11-5-109 .
  7. The state board of agriculture may:
    1. Adopt rules and regulations as provided  by W.S. 11-5-119 to implement an effective special management program  in Wyoming; and
    2. Establish procedures for prompt reporting  and billing of expenditures made and for timely forecasting of future  expenditures which will be required.

History. Laws 1989, ch. 113, § 1; 2021, ch. 2, §§ 2, 3.

The 2021 amendments —

The first 2021 amendment, by ch. 2, § 2, effective July 1, 2021, in (c)(v), substituted "board" for "supervisors" following "the district", "give" for "publish" preceding notice, added "to the public" preceding "in at least," substituted "approximating the" for "listing the participating landowners and stating the approximate" preceding "cost of," and added the second sentence; in (d)(iii), added "to" follow" contribute", substituted "special management" for "treatment," and deleted "on those lands" at the end; and rewrote (g), which read, "The state board of agriculture may."

The second 2021 amendment, by ch. 2, § 3, effective July 1, 2021, repealed former (b), which read, "Pursuant to this article a district may implement an integrated management system on two (2) undesirable plants or on two (2) pests or a combination of one (1) undesirable plant and one (1) pest but under no circumstance shall the program exceed a total of two (2)."

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 11-5-303. Program components; funding; rulemaking authority; penalties. [Effective July 1, 2021]

  1. Any district may carry out a weed and pest special management program in accordance with this article. If a district initiates a program, leafy spurge (Euphorbia esula) shall receive priority in the program. A district may also implement an integrated management system under W.S. 11-5-101 through 11-5-119 using funds specified by W.S. 11-5-111 , provided leafy spurge shall receive priority pursuant to this article.
  2. Repealed by Laws 2021, ch. 2, § 3.
  3. Any district which implements a special management program under this article shall:
    1. Establish one (1) or more management zones within the district. A management zone can only be formed with the written consent of a majority of the landowners in the proposed management zone;
    2. Complete an inventory on lands within each management zone to determine the scope of infestation;
    3. Establish management criteria for the special management program;
    4. Select the materials and methods for the special management program based upon best available scientific facts, current technology and economic considerations;
    5. At least ten (10) days before final approval of the program by the district board, give notice to the public in at least one (1) newspaper of general circulation within the county describing the special management program and approximating the cost of the program. Notice shall also be given through another medium if the board determines additional publication is necessary to ensure sufficient notice to the public.
  4. Programs under this article shall be funded as follows:
    1. Landowners shall contribute to the cost of the treatment program on their land as determined by the district board not to exceed twenty percent (20%) of the total cost;
    2. The district shall contribute to the cost of the treatment program within the limitation of district funds available under subsection (e) of this section;
    3. State or federal agencies owning lands or administering lands, which are untaxed for the purposes of this act, shall contribute to the total cost of the special management program;
    4. Assistance to a district’s coordinated program may be provided by legislative appropriation pursuant to W.S. 11-5-113(b).
  5. A district may levy not to exceed an additional one (1) mill on the assessed value of the taxable property within the district to fund its contributions under this section. Upon request by the district board, the board of county commissioners may levy the amount of tax requested not to exceed the mill levy authorized by W.S. 11-5-111 and this subsection.
  6. Any landowner who refuses to perform remedial requirements as established by the district board after due notice as required by W.S. 11-5-109 may be subject to a fine provided by W.S. 11-5-109 .
  7. The Wyoming weed and pest council, with the approval of the majority of the board, may:
    1. Adopt rules and regulations as provided by W.S. 11-5-119 to implement an effective special management program in Wyoming; and
    2. Establish procedures for prompt reporting and billing of expenditures made and for timely forecasting of future expenditures which will be required.

History. Laws 1989, ch. 113, § 1; 2021, ch. 2, §§ 2, 3.

Article 4. Emergency Insect Management Program

§ 11-5-401. Definitions.

  1. As used in this article:
    1. “Account” means the emergency insect management  special revenue account created under W.S. 11-5-402 ;
    2. “Committee” means the director of the  department of agriculture, the director of the department of health,  the director of the game and fish department, the Wyoming state veterinarian  and the governor;
    3. “Insect pests” mean infestations of grasshoppers,  Mormon crickets or other cyclic or outbreak insect infestations or  insect species new, recently introduced or which present a substantial  possibility to be introduced into Wyoming such as fire ants, Africanized  honeybees or other insect pests;
    4. “Insect vectors” mean blood-feeding arthropods,  mosquitoes, biting flies and other such insects that harbor or transmit  pathogens harmful to human health and safety, animal health including  livestock and wildlife, agriculture or natural resources.

History. Laws 2003, ch. 180, § 1; 2005, ch. 242, § 2.

The 2005 amendment, deleted “or his designee” at the end of (a)(ii).

Laws 2005, ch. 242, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2005.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-5-402. Emergency insect management account; established.

The emergency insect management program account is created to consist of funds appropriated or designated to the account by law for the emergency management of insect pests or insect vectors.

History. Laws 2003, ch. 180, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, deleted “special revenue” preceding “account.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Appropriations. —

Laws 2003, ch. 180, § 2(a), appropriates $20,000.00 from the general fund to the emergency insect management program special revenue account established under W.S. 11-5-402 to be used for the purposes of developing a statewide coordinated response to the threat of insect infestations and for public education regarding health issues arising out of these threatened insect infestations. Section 2(b) appropriates $580,000.00 from the general fund to the emergency insect management program special revenue account to be expended, upon the recommendation of the committee only with the authorization of the governor, for purposes of responding to emergencies under the act. Any unobligated funds remaining in the account from this appropriation on December 31, 2009, are to be transferred by the state treasurer to the general fund.

§ 11-5-403. Administrative support for committee.

Administrative support to the committee shall be provided by the department of agriculture. Expenses of the committee incurred under this article including administrative support shall be paid from the account.

History. Laws 2003, ch. 180, § 1.

§ 11-5-404. Program development; additional committee responsibilities; annual report.

  1. Emergency insect management programs developed  and receiving funds from the account under this article shall be based  upon integrated pest management principles using the most current,  scientifically valid methods to manage insect pests and vectors.
  2. Subject to subsection (a) of this section,  the committee shall establish policies, standards and guidelines for  programs receiving funds from the account under this article. In accordance  with established program guidelines and policies, the committee shall  review applications for participation submitted under this article,  and based upon its review and evaluation, approve or disapprove program  applications and if approved, establish the amount of program funding  from the account.
  3. In addition to subsection (b) of this  section, the committee shall, in cooperation with the governor, collect  and compile data necessary to determine if emergency insect management  programs under this article involve any threatened or endangered species  under the federal Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended. If programs involve such species,  the committee, in cooperation with the governor, shall request an  exemption from federal regulation under this act [Emergency Insect  Management Program] for insect management purposes.
  4. The committee shall establish necessary  procedures to process applications filed pursuant to this article.
  5. In addition to subsection (d) of this  section, the committee shall annually report its activities for each  fiscal period as required under W.S. 9-2-1014 .

History. Laws 2003, ch. 180, § 1.

§ 11-5-405. Advisory assistance; assistance specified; expenses.

  1. To assist with the establishment of policies,  guidelines and the development of programs under this article, the  committee may assemble necessary expertise from one (1) or more of  the following organizations, institutions, groups or individuals:
    1. The Wyoming county commissioners association;
    2. The Wyoming association of municipalities;
    3. Pesticide applicators;
    4. Landowners;
    5. Agricultural producers;
    6. University of Wyoming faculty and staff;
    7. Scientific and technology industry representatives;
    8. Public representatives; and
    9. Other representatives or individuals as  may be determined by the committee.
  2. Persons assisting the committee in an  advisory capacity pursuant to subsection (a) of this section and not  employed by the state nor any political subdivision of the state shall  receive reimbursement for actual and necessary expenses and mileage  allowance at the rates established by law for state employees.

History. Laws 2003, ch. 180, § 1.

§ 11-5-406. Program participation requirements; application; funding participation levels specified; restriction on expenditures.

  1. Any state agency or political subdivision  may apply to the committee for participation in emergency insect management  programs under this article. Applications shall be filed with the  department of agriculture and shall at minimum, substantiate compliance  with standards and guidelines established by the committee.
  2. Emergency management program participation  under this article shall be subject to the following requirements:
    1. Insect vector management programs or nonoutbreak  insect programs shall receive not more than fifty percent (50%) of  total program costs from the account;
    2. Subject to paragraph (iii) of this subsection,  a reactive program for the suppression of outbreaks of grasshoppers,  Mormon crickets or other outbreak insects on state and private lands  shall receive not more than fifty percent (50%) of total program costs  from the account;
    3. If the emergency insect management program  under paragraph (ii) of this subsection is for grasshopper suppression,  the program shall consist of treatments targeting infestations greater  than two thousand (2,000) acres or those suppressing less than the  entire infestation regardless of size;
    4. Subject to paragraph (v) of this subsection,  a proactive, preventative program targeting incipient infestations  of grasshoppers, Mormon crickets or other outbreak insects on state  and private lands, with the potential to expand into outbreaks, shall  receive not more than seventy-five percent (75%) of total program  costs from the account;
    5. If the emergency insect management program  under paragraph (iv) of this subsection is for grasshoppers, the program  shall include up to two thousand (2,000) acres if the entire infestation  is included within the program;
    6. During the first three (3) years of operation  of any emergency insect management program, not more than twenty percent  (20%) of funds provided to the program from the account shall be used  for administrative costs, equipment and mapping activities, and not  more than ten percent (10%) of such funds shall be used for these  purposes in subsequent years;
    7. In addition to paragraph (vi) of this  subsection and during the first three (3) years of program operation,  not more than twenty percent (20%) of funds provided from the account  to any program shall be expended for applied research specifically  designed to provide immediate results directly in support of improved  integrated pest management practices, and not more than ten percent  (10%) of such funds may be used for this purpose in subsequent years.

History. Laws 2003, ch. 180, § 1.

Chapter 6 Predatory Animals

Cross references. —

As to unlawful killing of wild horses, see § 11-30-115 .

As to expenditure of moneys derived from grazing fees under Taylor Grazing Act, see § 9-4-404 .

For definition of “predatory animals” in connection with game and fish laws, see § 23-1-101 .

As to killing of predatory animals by hunters and by animal damage control agents of game and fish department, see § 23-3-103 .

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture § 42; 4 Am. Jur. 2d Animals §§ 71, 72.

Liability of public officers for killing or injuring animals, while acting or professing to act under a statute relating to the inspection or destruction of livestock, 2 ALR3d 822.

Doctrine of absolute liability for injury inflicted by wild animal, 21 ALR3d 603.

3A C.J.S. Animals §§ 170 to 237.

Article 1. Control Generally

§ 11-6-101. Permission to eradicate upon refusal of entry by property owner.

Whenever predatory animals become a menace to livestock owned or controlled by any resident of Wyoming and the owner or lessee of any real estate in the vicinity where the livestock is ranged or pastured refuses permission to the owner of the livestock, his agents or employees, to enter upon the real estate for the purpose of destroying such predatory animals, entry may be obtained as provided by W.S. 11-6-102 and 11-6-103 .

History. Laws 1935, ch. 16, § 1; C.S. 1945, § 56-2301; W.S. 1957, § 11-74; Laws 1978, ch. 32, § 1.

§ 11-6-102. Application to county commissioners; hearing; determination; limitation on use of firearms.

The owner of the livestock may file a written application with the board of county commissioners of the county where the real estate is located, applying for permission to eradicate predatory animals. If, after giving the owner or lessee an opportunity of a hearing, the county commissioners may grant such permission, but the person receiving the permission shall not use firearms in destroying such animals without first obtaining permission from the owner or lessee of the real estate.

History. Laws 1935, ch. 16, § 2; C.S. 1945, § 56-2302; W.S. 1957, § 11-75; Laws 1978, ch. 32, § 1.

§ 11-6-103. Liability for damage to property.

The permission granted shall permit the petitioner to enter upon the real estate but shall not relieve the petitioner from any damages which he inflicts upon any property of the owner or lessee of the real estate.

History. Laws 1935, ch. 16, § 3; C.S. 1945, § 56-2303; W.S. 1957, § 11-76; Laws 1978, ch. 32, § 1.

§ 11-6-104. Centralized and coordinated rodent and predator control plan authorized; release of information restricted.

  1. The department may establish and implement  a cooperative and coordinated plan for rodent and predator control.  It may cooperate with federal agencies in the control of rodents,  predatory animals and predacious birds, as defined in W.S. 23-1-101 , which are destructive to livestock, game and poultry,  or are detrimental to feed and foodstuffs, crops and forage production  and human health. The department may promulgate necessary rules and  regulations to carry out the purposes of this section.
  2. Any information regarding the number or  nature of rodents or predators legally taken within the state pursuant  to this section shall only be released in its aggregate form. The  identity of any person legally taking a rodent or predator within  this state is solely for the use of the responsible agency or appropriate  law enforcement agency, shall not be released without the individual’s  written consent and is not a public record for purposes of W.S. 16-4-201 through 16-4-205 .

History. Laws 1973, ch. 63, § 1; W.S. 1957, § 11-77.1; Laws 1978, ch. 32, § 1; 2003, ch. 191, § 1.

§ 11-6-105. Issuance of aerial hunting permits authorized.

The department may issue permits for the aerial hunting of rodents and predators to any person for the protection of livestock, domesticated animals or human life, upon a showing that the person or their designated pilot, along with the aircraft to be utilized in the aerial hunting, have been licensed and qualified in accordance with the requirements of the Wyoming aeronautics commission. The department shall furnish to the game and fish department a list of the names and addresses of the persons to whom they have issued aerial permits. The department may predicate the issuance or retention of such permits upon the recipients’ full and prompt disclosure of information as the department may request for submission to the authorities designated in accordance with section 13 of the Fish and Wildlife Act of 1956 or its successor. The department shall collect a fee from each person who has any aircraft permitted under this section on or before April 1 of each year in the amount authorized by W.S. 11-1-104 .

History. Laws 1973, ch. 63, § 1; W.S. 1957, § 11-78.1; Laws 1978, ch. 32, § 1; 1993, ch. 135, § 2.

Cross references. —

As to aeronautics commission, see § 10-3-101 .

As to game and fish department, see § 23-1-401 et seq.

Fish and Wildlife Act. —

Section 13 of the federal Fish and Wildlife Act of 1956, referred to in the next-to-last sentence, appears as 16 U.S.C. § 742j-l.

§ 11-6-106. Receiving and expending monies for supplies.

The department may receive money for rodent and predator control from the federal government, state appropriations, counties, agencies, boards, associations, commissions, individuals and any other cooperators and may expend such monies to purchase supplies, materials, services, and to employ or contract personnel for rodent and predator control. The department may make such supplies, materials, services and personnel available to cooperators at approximate cost.

History. Laws 1973, ch. 63, § 1; W.S. 1957, § 11-81.1; W.S. 1977, § 11-6-107 ; Laws 1978, ch. 32, § 1.

§ 11-6-107. Disposition of proceeds.

All predator furs, skins and specimens taken by hunters or trappers whose salaries are paid in full by cooperating agencies, shall be sold and the proceeds returned to the respective predator management district of the county in which the furs, skins or specimens originated. All receipts from sales of materials and services related to predatory animal and rodent control received by the department shall be paid into the state general fund.

History. Laws 1973, ch. 63, § 1; W.S. 1957, § 11-82.1; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-6-108 ; Laws 1978, ch. 32, § 1; 1989, ch. 3, § 1; 2006, ch. 87, § 1.

The 2006 amendment, substituted “predator management” for “predatory animal.”

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

§ 11-6-108. Cooperative agreements generally.

The department may enter into cooperative agreements with other governmental agencies, counties, associations, corporations or individuals for carrying out the purposes of W.S. 11-6-104 through 11-6-107 .

History. Laws 1953, ch. 77, § 2; W.S. 1957, § 11-79; Laws 1973, ch. 63, § 2; W.S. 1977, § 11-6-106 ; Laws 1978, ch. 32, § 1.

Article 2. Districts and District Boards

§ 11-6-201. Creation and designation of districts; state predator management advisory board.

  1. Each county is created and designated  as a predator management district. Each district shall be known as  the “Predator Management District of  . . . . .  County, Wyoming,” and it may hold property and be  a party to suits and contracts.
  2. There is created a state predator management  advisory board composed of one (1) representative of each predator  management district. The state predator management advisory board  representative shall be appointed by the individual predator management  district boards of directors and so designated in writing.

History. Laws 1943, ch. 36, § 2; C.S. 1945, § 56-2502; W.S. 1957, § 11-99; W.S. 1977, § 11-6-301 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, § 2; 2006, ch. 87, § 1.

The 2006 amendment substituted “predator management” for “predatory animal” in (a) and (b).

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

Cross references. —

As to the Wyoming Animal Damage Management Program, see article 3 of chapter 6 of this title.

Law reviews. —

For article, “Administration of the General Property Tax in Wyoming,” see 4 Wyo. L.J. 227.

§ 11-6-202. Administration of districts by district boards; number and qualifications of members; term; filling of vacancies; removal.

  1. The affairs of each district shall be  administered by a board of directors, each of whom shall be a bona  fide resident of Wyoming. Directors for the positions identified in  paragraphs (i) and (ii) of this subsection shall be elected at an  annual meeting of district livestock owners. Directors for the positions  identified in paragraphs (iv) and (v) of this subsection shall be  appointed as described. The composition of the board shall be as follows:
    1. Three (3) directors shall be sheep owners  having paid predator management fees on sheep in the district in the  year preceding election. At each subsequent annual district meeting  one (1) director shall be elected for a three (3) year term. Subject  to the provisions of W.S. 11-6-203(a), all sheep owners whether an individual, corporation  or partnership, having paid predator management fees on sheep in the  district regardless of the domicile of the sheep, are entitled to  one (1) vote at the meeting;
    2. Three (3) directors shall be cattle owners  having paid predator management fees on cattle in the district in  the year preceding election. At each subsequent annual district meeting  one (1) director shall be elected for a three (3) year term. Subject  to the provisions of W.S. 11-6-203(a), all cattle owners whether an individual, corporation  or partnership, having paid predator management fees on cattle in  the district regardless of the domicile of the cattle, are entitled  to one (1) vote at the meeting;
    3. If a qualified applicant for a director  position identified in paragraph (i) or (ii) of this subsection cannot  be found or if no qualified applicant seeks election to the board  of directors, then the director position may be filled by an otherwise  qualified elector, provided no more than four (4) directors may represent  any one (1) species of livestock;
    4. The board of county commissioners shall  appoint one (1) director to serve for an initial term of two (2) years  and thereafter for three (3) year terms from electors in the county  not engaged in raising sheep or cattle. No appointed member may serve  for a consecutive period of more than six (6) years;
    5. If the board of directors determines state funds are necessary for an effective predator management program to assure the statutory requirements provided in W.S. 11-6-205 are fulfilled and state funds are appropriated and received for that purpose, then three (3) directors representing sportsmen and hunters from the district shall be appointed to the board of directors by the county commissioners serving the local district. Sportsmen and hunter representatives shall be bona fide residents of the district not engaged in raising sheep or cattle and shall hold or have held a valid Wyoming fishing or hunting license within the preceding twelve (12) month period. County commissioners, to the greatest extent practical, shall select sportsmen and hunter representatives to ensure representation from as broad a geographic distribution of the district as possible. The county commissioners shall determine who of the three (3) sportsmen and hunter directors appointed to a board under this paragraph shall serve an initial term of one (1) year, who shall serve an initial term of (2) years and who shall serve a term of three (3) years. Thereafter, each term shall be for three (3) years.
  2. No director shall continue to hold office  after disqualification under any of the provisions of this section.  All vacancies on the district board may be filled for unexpired terms  by the other directors in office except the public member’s and the  sportsmen and hunter member’s unexpired term shall be filled by board  of county commissioners appointment. All members shall hold their  offices until their successors are elected and qualified.
  3. For directors appointed by a board of  county commissioners, the county commissioners may remove the director  for cause without a public hearing unless the director requests that  the action be taken during a public hearing.

History. Laws 1943, ch. 36, § 3; C.S. 1945, § 56-2503; W.S. 1957, § 11-100; W.S. 1977, § 11-6-302 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, § 2; 2006, ch. 87, § 1; 2010, ch. 61, § 1; 2012, ch. 46, § 1; ch. 104, § 1; 2020, ch. 48, § 1.

The 2006 amendment rewrote (a), inserting “for the positions identified in paragraphs (iv) and (v) of this subsection,” inserted “or goat,” substituted “predator management” for “predatory animal,” inserted (iii), and (v); inserted “and the sportsmen and hunter member’s” in (b); and made similar and stylistic changes throughout.

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

The 2010 amendment, in (a), deleted all references to goats.

Laws 2010, ch. 61, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2010.

The 2012 amendments.— The first 2012 amendment, by ch 46, § 1, effective July 1, 2012, inserted “Subject to the provisions of W.S. 11-6-203(a)” in (a)(i) and (a)(ii).

The second 2012 amendment, by ch. 104, § 1, added (c).

Laws 2012, ch. 104 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2020 amendment, effective January 1, 2021, in (a)(v), substituted “a valid Wyoming fishing or hunting license within” for “either a valid Wyoming fishing or hunting license or a Wyoming wildlife damage management stamp within.”

§ 11-6-203. Manner of calling annual meeting of predator management districts; when held; election of chairman and secretary.

  1. The annual meeting of each predator management  district shall be held within the first two (2) weeks of December.  Any person having paid predator fees in the district within the preceding  twelve (12) months shall be entitled to one (1) vote at the annual  meeting. Predator fees paid in the name of a business entity may be  represented by one (1) representative of the entity paying the fees,  provided that the representative is authorized by the entity to vote  on behalf of the entity and has provided proof of such written authorization.  Proof of payment of predator fees within the district shall only be  through a verified copy of a brand inspection certificate which clearly  shows that the fees have been paid and the date upon which the fees  were paid. No person paying fees within the district shall be entitled  to more than one (1) vote at the annual meeting and no proxies shall  be allowed. Each board shall:
    1. Repealed by Laws 2012, ch. 46, § 2.
    2. Publish a notice stating the time and  place of any meeting of the district and that directors of the board  representing livestock interests as provided in W.S. 11-6-202(a)(i) and (ii) shall be elected at the meeting. Notice shall  be published once in a newspaper of general circulation in the district  ten (10) days prior to the date of the meeting;
    3. Set the date of the meeting so as not  to conflict with the date of similar meetings held in adjoining districts  in order that sheep and cattle owners operating in more than one (1)  district may attend and vote in other districts where they are engaged  in such business;
    4. Set the annual predatory animal control  fee for the district as provided by W.S. 11-6-210(a).
  2. When assembled in accordance with the  provisions of subsection (a) of this section, the sheep and cattle  owners shall elect a chairman and secretary who shall act as judges  of the election of directors representing livestock interests of the  board.

History. Laws 1943, ch. 36, § 4; C.S. 1945, § 56-2504; W.S. 1957, § 11-101; W.S. 1977, § 11-6-303 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, § 2; 1996, ch. 41, § 1; 2006, ch. 87, § 1; 2010, ch. 61, § 1; 2012, ch. 46, §§ 1, 2.

The 2006 amendment, in (a), substituted “predator management” for “predatory animal,” inserted “goats,” inserted “held within the first two (2) weeks of,” in (i), deleted “assessed for taxes or,” following “persons,” inserted “representing livestock interests as provided in W.S. 11-6-202(a)(i) and (ii)”; and made similar changes in (b).

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

The 2010 amendment, in (a)(i), substituted “sheep or cattle” for “sheep, goats, or cattle”; and in (b), substituted “sheep and cattle” for “sheep, goat, and cattle.”

Laws 2010, ch. 61, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2010.

The 2012 amendment, effective July 1, 2012, inserted the present second through fifth sentences in the introductory language of (a); and repealed former (a)(i), which read: “On or before December 1, obtain an accurate list of all persons who have paid predator management fees on sheep or cattle in the district.”

§ 11-6-204. District boards; election and appointment of officers; meetings; quorum; oath; appropriation requests.

At the annual meeting of the district board, following election of directors pursuant to W.S. 11-6-202(a)(i), (ii) and (iv) and upon appointment of directors pursuant to W.S. 11-6-202(a)(v), if applicable, the directors shall organize by choosing from their number a president and vice-president and shall appoint a secretary-treasurer. Subsequent meetings may be called by the president upon reasonable notice. A majority of the board constitutes a quorum for the transaction of business at any board meeting. The members of the board shall receive no compensation for serving as members. Each director shall take an oath for the faithful performance of his duties. If the board determines to request an appropriation of funds from the board of county commissioners, it shall, at least thirty (30) days prior to the time for annual levy of general taxes, notify the board of county commissioners of the amount the district board considers necessary for district operations during the following year.

History. Laws 1943, ch. 36, § 5; 1945, ch. 8, § 1; C.S. 1945, § 56-2505; W.S. 1957, § 11-102; W.S. 1977, § 11-6-304 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, § 2; 2006, ch. 87, § 1.

The 2006 amendment rewrote the first sentence concerning the annual meeting of the board in relation to W.S. 11-6-202 .

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

For discussion of legislative history of section, see State ex rel. Albany County Weed & Pest Dist. v. Board of County Comm'rs, 592 P.2d 1154, 1979 Wyo. LEXIS 393 (Wyo. 1979).

§ 11-6-205. District boards; duties generally.

  1. Each predator management district board  shall:
    1. Exercise general supervision over the  control of predatory animals and predacious birds that prey upon and  destroy livestock, other domestic animals and wildlife;
    2. Devise and put in operation those methods  that best manage or control damage caused by predatory animals or  predacious birds;
    3. Administer funds received from predator  management fees and from other sources to carry out the predator management  program;
    4. Coordinate with affected individuals and  entities to develop a comprehensive predator management program for  each respective predator management district which addresses livestock,  wildlife and public health concerns.

History. Laws 1943, ch. 36, § 1; C.S. 1945, § 56-2501; W.S. 1957, § 11-103; W.S. 1977, § 11-6-305 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, § 2; 2006, ch. 87, § 1.

The 2006 amendment, in (a), substituted “predator management” for “predatory animal,” inserted “predacious birds,” substituted “wildlife” for “wild game,” inserted “damage caused,” and made similar changes in (i) through (iii), added (iv), and made related changes.

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Quoted in

In re Gimlin, 403 P.2d 178, 1965 Wyo. LEXIS 146 (Wyo. 1965).

Law reviews. —

For article, “Administration of the General Property Tax in Wyoming,” see 4 Wyo. L.J. 227.

§ 11-6-206. District boards; powers generally.

Each predator management district board may adopt rules and regulations necessary for carrying out the purpose and provisions of this article. Each board may appoint employees and assistants as necessary and fix their compensation. Each board may enter into cooperative agreements with boards of county commissioners, other predator management districts, federal or state agencies or other organizations or associations for the purpose of controlling predatory animals and predacious birds. Each board is authorized to pay bounties for predatory animals and predacious birds.

History. Laws 1943, ch. 36, § 8; C.S. 1945, § 56-2508; W.S. 1957, § 11-104; W.S. 1977, § 11-6-306 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, § 2; 2006, ch. 87, § 1.

The 2006 amendment substituted “predator management” for “predatory animal,” and inserted “predacious birds.”

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

Quoted in

In re Gimlin, 403 P.2d 178, 1965 Wyo. LEXIS 146 (Wyo. 1965).

§ 11-6-207. District boards; record of proceedings and expenditures; monthly warrants issued by county for monies collected.

  1. The secretary-treasurer of each predator  management district shall keep a complete and accurate record of the  proceedings of the board.
  2. All salaries, expenses or bounties shall  be paid from the predator management district fund of the district  by the secretary-treasurer.
  3. All expenditures of the district shall  be supported by properly approved vouchers and supporting documents  in writing signed by the board president and any other director.
  4. The county treasurer shall issue monthly  warrants to the predator management district for all monies collected  in the county for the predator management district.

History. Laws 1943, ch. 36, § 10; C.S. 1945, § 56-2510; W.S. 1957, § 11-105; Laws 1971, ch. 167, § 1; W.S. 1977, § 11-6-307 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 2006, ch. 87, § 1.

The 2006 amendment substituted “predator management” for “predatory animal” in (a), (b), and (d).

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

§ 11-6-208. District boards; annual report.

On or before October 1 of each year, the president and secretary-treasurer of each district board and each county treasurer shall make an annual report to their board of county commissioners showing all receipts and disbursement of district funds made by direction of the board during the preceding fiscal year. A report of the receipts, expenditures and financial transactions of the district shall be made as provided by W.S. 9-1-507 . The director of the state department of audit may call upon any district board or upon any county treasurer for further information relating to any predator management district.

History. Laws 1943, ch. 36, § 11; C.S. 1945, § 56-2511; W.S. 1957, § 11-106; W.S. 1977, § 11-6-308 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1993, ch. 75, § 1; 2006, ch. 87, § 1; 2009, ch. 90, § 2.

The 2006 amendment, substituted “predator management” for “predatory animal.”

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

The 2009 amendment, effective July 1, 2009, substituted “October 1” for “January 1” and “fiscal” for “calendar” preceding “year” in the first sentence.

Editor's notes. —

Laws 2009, ch. 90, § 4, effective July 1, 2009, provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

§ 11-6-209. Annual meetings of predator management boards.

Annual meetings for the election of members of boards of directors of predator management districts shall be called by the president of each board. The meetings shall be called by a notice published in the manner provided by W.S. 11-6-203 .

History. Laws 1943, ch. 36, § 6; C.S. 1945, § 56-2506; W.S. 1957, § 11-107; W.S. 1977, § 11-6-309 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, § 2; 2006, ch. 87, § 1.

The 2006 amendment, substituted “predator management” for “predatory animal.”

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

§ 11-6-210. Creation of predator management district fund; predator management fees; donations; appropriation by county commissioners.

  1. At the time of collecting brand inspection  fees imposed under W.S. 11-20-401 and 11-20-402 , the brand inspector shall collect predator management  fees on all sheep and cattle inspected within each predator management  district. However, predator management fees shall not be collected  on cattle and sheep shipped into this state for immediate sale or  slaughter. The amount of the fee for each predator management district  shall be established by each predator management district board in  consultation with the state predator management advisory board and  shall not exceed one dollar ($1.00) per head on sheep and cattle.  The directors elected pursuant to W.S. 11-6-202(a)(i) and (ii) from each predator management district board  shall annually determine the predator management fee to be charged  and collected in the district taking into consideration comments solicited  from the producers present at the district’s annual meeting as provided  for in W.S. 11-6-203 , who have paid predator management fees within the district  during the preceding twelve (12) months and shall inform the livestock  board of the fee prior to January 1 each year. The fee shall not be  collected on the same livestock more than once in any twelve (12)  month period. The livestock board may retain not to exceed five percent  (5%) of the revenues collected for the actual cost of collecting the  predator management fee. Remaining revenues collected by the livestock  board under this section shall be remitted to the state treasurer  for deposit in an account. The state treasurer, on a quarterly basis,  shall distribute the revenues to the county treasurer of the county  from which the shipment originated unless, at the time of payment  of the fees, the livestock owner designates the fees to be distributed  in total to another county in this state in which the livestock are  fed or pastured. The county treasurer shall deposit revenues distributed  under this subsection into a special continuing fund, to be known  as the “Predator Management District Fund of  . . . . . County” and to be administered by the predator management  board of that district.
  2. and (c) Repealed by Laws 1990, ch. 87, § 3.
  3. The district board may receive donations  and appropriations of money from any source, and such donations and  appropriations shall be placed in the district fund by the county  treasurer upon request of the district board. Nothing in W.S. 11-6-201 through 11-6-210 shall be construed to prohibit boards of county commissioners  from appropriating funds for the purpose of controlling predatory  animals and predacious birds, and such appropriation by boards of  county commissioners is authorized.
  4. Repealed by Laws 1990, ch. 87, § 3.
  5. Notwithstanding subsection (a) of this  section, the amount of the annual predator management fee for sheep  and cattle shipped into this state for confinement in a commercial  feedlot shall not exceed twenty-five cents ($0.25) per head on sheep  and cattle. For purposes of this subsection, “commercial feedlot”  means any place, establishment or facility commonly known as a feedlot  conducted, operated or managed for profit or nonprofit for livestock  producers, feeders or market agencies, consisting of pens and their  appurtenances, in which livestock are received, held, fed, cared for  or kept for sale or shipment in commerce. A pasture, field or other  enclosure, fenced or unfenced, shall not be considered a commercial  feedlot for purposes of this subsection. The predator management district  board shall have the authority to determine if a facility qualifies  as a commercial feedlot as defined in this subsection.
  6. Each predator management district board  shall annually allocate five percent (5%) of all predator management  fee collections to be used for refunds, in whole or in part. If a  refund is requested the board shall pay the refund within one hundred  twenty (120) days after the end of the calendar year in which the  fee was paid. Refunds under this subsection shall be subject to the  following:
    1. To be valid, the application for refund  shall be received no later than sixty (60) days after the end of the  calendar year in which the fee was paid;
    2. No person receiving a refund shall receive  any predatory animal control services funded in whole or in part by  the predatory animal control fees until that person has paid one hundred  fifty percent (150%) of all refunds received during the year in which  the services were sought and the three (3) preceding calendar years;  and
    3. All monies not paid in refunds shall annually  revert to the district predator management account on July 1 of the  following year.
  7. Notwithstanding subsection (a) of this  section, no predatory animal control fee shall be collected on livestock  shipped or trailed within this state if change of ownership does not  occur.
  8. Any person failing to pay the predator  animal control fee imposed by subsection (a) or (f) of this section  shall be punished as provided by W.S. 11-1-103 .
  9. In addition to the other fees imposed  by this section, any person paying the predator control fee may pay  an additional ten cents ($.10) per head to fund the predator management  activities of the Wyoming animal damage management board created by W.S. 11-6-303 . Any fees collected pursuant to this subsection shall  be deposited in the animal damage management account created by W.S. 11-6-306 .
  10. Repealed by Laws 2012, ch. 46, § 2.
  11. If a livestock producer requests predator  management services from the district board representing the county  in which the producer is pasturing or housing livestock, and no predator  management fees have been collected from the producer within the previous  twelve (12) months, or if the fees have been refunded, the board may  charge a service fee to recover reasonable and actual costs of the  predator management services provided.
  12. To be eligible to receive state funds,  the district shall assess and collect all available fees on livestock  in the district.

History. Laws 1943, ch. 36, § 7; 1945, ch. 8, § 2; C.S. 1945, § 56-2507; Laws 1950, Sp. Sess., ch. 11, § 1; W.S. 1957, § 11-108; Laws 1963, ch. 85, § 1; 1969, ch. 103, § 1; W.S. 1977, § 11-6-310 ; Laws 1977, ch. 125, § 1; 1978, ch. 32, § 1; 1990, ch. 87, §§ 2, 3; 1991, ch. 78, § 1; ch. 129, § 1; 1994, ch. 96, § 1; 1996, ch. 41, § 1; 1999, ch. 197, § 2; 2002 Sp. Sess., ch. 23, § 1; 2005, ch. 231, § 1; 2006, ch. 87, § 1, ch. 114, § 1; 2010, ch. 61, § 1; ch. 69, § 207; 2012, ch. 46, §§ 1, 2.

The 2005 amendment effective July 1, 2005, deleted “within the earmarked revenue fund” at the end of the third-to-last sentence in (a).

The 2006 amendments. —

The first 2006 amendment, by ch. 87, § 1, rewrote (a) regarding the elected directors and the collection of fees, changed fee dollar amounts and percentages, substituted “predator management” for “predatory animal” throughout; inserted “goats” in (a) and (f); inserted “and predacious birds” in (d); added (n) and (o); and made similar changes throughout.

The second 2006 amendment, by ch. 114, § 1, substituted “subsection” for “subsections” in (j).

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

Pursuant to the conflicting laws provision in ch. 114, both have been given effect in their section as set out.

The 2010 amendments. —

The first 2010 amendment, by ch. 61, § 1, in (a) and (f), deleted all references to goats, and made related changes.

The second 2010 amendment, by ch. 69, § 207, effective July 1, 2010, deleted “After January 1, 1992” at the beginning of the introductory language of (g).

Laws 2010, ch. 61, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2010.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2012 amendment, effective July 1, 2012, substituted “one hundred twenty (120) days after the end of the calendar year in which the fee was paid” for “one hundred eighty (180) days of application” in the introductory language of (g); and repealed former (m) pertaining to special meetings of the predatory animal control board to adjust predatory animal control fees.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Laws 2006, ch. 114, § 3 provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

For discussion of legislative history of section, see State ex rel. Albany County Weed & Pest Dist. v. Board of County Comm'rs, 592 P.2d 1154, 1979 Wyo. LEXIS 393 (Wyo. 1979).

Law reviews. —

For article, “Administration of the General Property Tax in Wyoming,” see 4 Wyo. L.J. 227.

Article 3. Wyoming Animal Damage Management Program

§ 11-6-301. Short title.

This article may be cited as the “Wyoming animal damage management program”.

History. Laws 1999, ch. 197, § 1.

Purpose of act. —

Laws 1999, ch. 197, § 3, provides: “The legislature finds and declares that it is important to the economy of the state to maximize agricultural production and at the same time, to promote, to protect and conserve the wildlife resources of the state.”

Laws 2003, ch. 112, § 3, directs the animal damage management board to develop and establish measurable goals and objectives with regard to refining the concept of integrated predator management. The board is to report to the governor and the joint agriculture, public lands and water resources interim committee, joint appropriations interim committee and the joint travel, recreation, wildlife and cultural resources interim committee on or before December 31 of each year to determine the progress the board has made toward achieving the goals and objectives it has established.

§ 11-6-302. Definitions.

  1. As used in this article:
    1. “Board” means the Wyoming animal damage  management board (ADMB);
    2. “Crop” or “agricultural crop” when not  otherwise defined by statute means corn, oats, wheat, barley, flax,  sorghums and other grains, potatoes, vegetables, forage legumes, hay,  and any other product of cultivation, trees, bees, honey and hives;
    3. “Damage” means any injury to or loss of  livestock, agricultural crops or wildlife inflicted by predatory animals,  predacious birds or depredating animals;
    4. “Depredating animal” means any trophy  game animal or furbearing animal that causes damage;
    5. “Furbearing animal” means badger, beaver,  bobcat, marten, mink, muskrat or weasel;
    6. “Livestock” means horses, mules, cattle,  swine, sheep, goats, poultry, guard animals or any other animal maintained  under domestication. Bison are considered livestock unless otherwise  designated by the Wyoming livestock board and the Wyoming game and  fish commission;
    7. “Person” means as defined by W.S. 8-1-102(a)(vi);
    8. “Predacious bird” means any predatory  avian species that is permitted to be taken under either Wyoming law  or federal law;
    9. “Predatory animal” means:
      1. Coyote, jackrabbit, porcupine, raccoon,  red fox, skunk or stray cat; and
      2. Until the date gray wolves are removed  from the list of experimental nonessential population, endangered  species or threatened species in Wyoming as provided by W.S. 23-1-108 , “predatory animal” includes wolves. After that date,  “predatory animal” shall include any gray wolf within areas of the  state where the state of Wyoming has jurisdiction for wildlife management,  but not within an area of the state in which the gray wolf is:
        1. Designated as a trophy game animal under W.S 23-1-101(a)(xii)(B)(I) or (II).
        2. Repealed by Laws 2012, ch. 25, § 2.
    10. “Trophy game animal” means:
      1. Black bear, grizzly bear or mountain lion;  and
      2. From and after the date gray wolves are  removed from the list of experimental nonessential population, endangered  species or threatened species in Wyoming as provided by W.S. 23-1-108 :
        1. “Trophy game animal” shall include any  gray wolf within those areas where gray wolves are designated as trophy  game animals as provided in W.S 23-1-101(a)(xii)(B)(I) or (II).
        2. Repealed by Laws 2012, ch. 25, § 2.
    11. “Wildlife” means all wild mammals, birds,  fish, amphibians, reptiles, crustaceans and mollusks, and wild bison  designated by the Wyoming game and fish commission and the Wyoming  livestock board within this state;
    12. “Take” means as defined by W.S. 23-1-102(a)(vii).
  2. Repealed by Laws 2012, ch. 25, § 2.

History. Laws 1999, ch. 197, § 1; 2003, ch. 115, § 2; 2006, ch. 87, § 1; 2007, ch. 168, § 3; 2012, ch. 25, §§ 1, 2.

The 2006 amendment, substituted “any predatory avian species that is permitted to be taken under either Wyoming law or federal law” for “English sparrow and starling” in (a)(viii), added (a)(xii), and made a related change.

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

The 2007 amendment, updated internal references in (ix)(B)(II) and (x)(B)(I) of (a), rewrote (a)(x)(B)(I), and added (b).

The 2012 amendment, in (a), added “within areas of the state where the state of Wyoming has jurisdiction for wildlife management, but” in the introductory language of (a)(ix), substituted “W.S. 23-1-101(a)(xii)(B)(I) or (II)” for “subdivision (x)(B)(I) of this subsection” in (a)(ix)(B)(I), repealed former (a)(ix)(B)(II) which read: “Classified as a trophy game animal by the game and fish commission pursuant to W.S. 23-1-304(a),” rewrote (a)(x)(B)(I) to substitute a reference to a statutory section for formerly detailed description, repealed former (a)(x)(B)(II) which defined “trophy game animal” pursuant to W.S. 23-1-304(a), made stylistic changes; and repealed former (b) which authorized the governor to direct the game and fish commission to adopt boundaries between the area in which the wolf is treated as a trophy game animal and where it is treated as a predator in order to achieve federal government delisting of the gray wolf.

Laws 2012, ch. 25, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2012.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Subdivisions (a)(ix)(B)(II) and (x)(B)(I) and (II) of this section were amended and subsection (b) was added by 2007 Wyoming Session Laws, Chapter 168, which provided the act was effective on and after July 1, 2007 only upon certification by the Governor to the Secretary of State of the occurrence of specified acts. On February 27, 2008, in accordance with W.S. 23-1-109(f), the Governor filed with the Secretary of State his certification that all acts necessary for 2007 House Enrolled Act 123 (2007 Wyoming Session Laws, Chapter 168) to become effective have occurred. On November 19, 2007 the Governor certified that in accordance with subsection (b) of this section the trophy game management boundary line for the gray wolf has been changed and that the new boundary line is set forth on pages 4 and 5 of the Wyoming Gray Wolf Management Plan (November, 2007). Subsequent to the certifications by the Governor, actions by the U.S. Fish and Wildlife Service and federal district court rulings have vacated the publication upon which the initial certification was based. The statute has been published in accordance with the Governor's certifications.

§ 11-6-303. Animal damage management board (ADMB) created; composition; appointment; terms; vacancies; compensation.

  1. There is created the animal damage management  board for the purposes of mitigating damage caused to livestock, wildlife  and crops by predatory animals, predacious birds and depredating animals  or for the protection of human health and safety. The board may mitigate  damage caused by depredating animals by and through a memorandum of  understanding with the Wyoming game and fish commission. The board  shall be composed of twelve (12) members appointed by the governor  as follows:
    1. The director of the Wyoming department  of agriculture;
    2. The director of the Wyoming game and fish  department;
    3. One (1) domestic sheep producer;
    4. One (1) cattle producer;
    5. The state director for the United States  department of agriculture, animal and plant health inspection service,  wildlife services (USDA/APHIS/WS);
    6. Two (2) members representing the interests  of sportsmen, outfitters and hunters, not more than one (1) of these  members shall be appointed to represent the interests of outfitters;
    7. The president of the state predator management  advisory board created under W.S. 11-6-201 ;
    8. One (1) member from an urban area;
    9. One (1) member from the Wyoming game and  fish commission;
    10. One (1) member of the Wyoming board of  agriculture; and
    11. One (1) member representing the interests  of nonconsumptive users of the state’s wildlife resource.
  2. A representative from the United States  forest service (USFS), the United States fish and wildlife service  (USFWS) and United States bureau of land management (BLM) shall serve  as exofficio nonvoting members of the board.
  3. The directors of the departments of agriculture  and game and fish shall serve as co-chairs of the ADMB and shall give  general direction to the ADMB and the ADMB administrative officer.
  4. The director of the department of agriculture  or his designee shall serve as the ADMB’s administrative officer and  carry out the ADMB’s administrative functions.
  5. Except for the directors of the departments  of agriculture and game and fish, the state director for the United  States department of agriculture, animal and plant health inspection  service, wildlife services (USDA/APHIS/WS), and the president of the  state predator management advisory board created under W.S. 11-6-201 , the remaining members of the board shall hold office  for staggered terms of four (4) years. For the remaining members of  the initial board, four (4) members shall be appointed for a term  of four (4) years, four (4) members shall be appointed for a term  of two (2) years. Each appointed member shall be limited to serving  on the board for eight (8) consecutive years, however, a member may  be reappointed after a four (4) year absence. Each member shall hold  office until his successor is appointed and has been qualified. As  terms of current ADMB members expire, the governor shall appoint each  new member or reappointed member to a four (4) year term.
  6. When a vacancy occurs in the membership  for any reason, a replacement shall be appointed for the unexpired  term.
  7. Attendance of six (6) members at a duly  called meeting shall constitute a quorum for the transaction of official  business. The ADMB shall convene at the times and places prescribed  by the chair.
  8. Members of the board who are not government  employees shall receive no compensation or benefits for their services,  but may receive per diem and expenses incurred in the performance  of the member’s official duties at the established state rate, to  be paid from the animal damage management account.
  9. Members may decline to receive per diem  and expenses for their service.
  10. State government officer and employee  members who do not receive salary, per diem, or expenses from their  agency for their service may receive per diem and expenses incurred  in the performance of their official duties from the ADMB at the established  state rate, to be paid from the animal damage management account.
  11. State government official and employee  members may decline to receive per diem and expenses for their service.

History. Laws 1999, ch. 197, § 1; 2006, ch. 87, § 1.

The 2006 amendment substituted “predator management” for “predatory animal” in (a)(vii) and (e).

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

§ 11-6-304. ADMB responsibilities; animal damage management policy; rules; methods to manage predatory animals, predacious birds, depredating animals and rabid wildlife; manner of calling meetings; frequency.

  1. The ADMB is responsible for the formulation  of the damage prevention management policy of the state, and by and  through an executed memorandum of understanding (MOU) with the Wyoming  game and fish commission is responsible for management of rabid wildlife,  crop, livestock and wildlife damage done by depredating animals and  wildlife damage by predatory animals and predacious birds. The ADMB  in conjunction with its responsibility may, consistent with the Wyoming  Administrative Procedure Act adopt rules to implement policies administered  by the ADMB. After consultation with the livestock board and the department  of health, the ADMB shall promulgate rules pertaining to rabies prevention  in wildlife including surveillance, public education, vaccination  protocol, post-exposure procedures and quarantines. The ADMB may enter  into the agreements with law enforcing agencies to carry out the quarantine  provisions. Nothing in this article shall preempt the Wyoming game  and fish commission authority to manage wildlife or determine damage  pursuant to any provision in title 23.
  2. In its deliberations the ADMB shall:
    1. Entertain requests for assistance in order  to allow mitigation of predator damage;
    2. Specify programs designed to prevent damage  by predatory animals, rabid wildlife, predacious birds and depredating  animals to livestock, agricultural crops, wildlife, property, human  health and safety;
    3. Provide various degrees of predatory animal,  predacious bird and depredating animal damage management services  to individual agricultural livestock and crop producers, landowners,  lessors or administrators, and to urban, residential and industrial  property owners. Damage management services shall also be provided  and conducted for the benefit of wildlife populations and human health  and safety;
    4. Specify methods for the prevention and  management of damage and for the selective control of predatory animals,  rabid wildlife, predacious birds and depredating animals;
    5. Maintain responsibility and appropriate  funds for the purpose of providing damage prevention and management  to agricultural livestock and crops, wildlife, property and human  health and safety caused by predatory animals, rabid wildlife, predacious  birds and depredating animals;
    6. Cooperate with federal, state and county  governments, educational institutions and private persons or organizations  to effectuate agricultural and wildlife damage and rabid wildlife  prevention policies;
    7. Develop memorandums of understanding between  the Wyoming department of agriculture and the Wyoming game and fish  commission and the United States department of agriculture, animal  and plant health inspection service, wildlife services (USDA/APHIS/WS)  to accommodate funding sources and administrative guidelines for the  program;
    8. Consider any recommendations received  from the Wyoming game and fish commission and the Wyoming department  of agriculture.
  3. The ADMB shall conduct meetings in accordance  with its established policy, but shall meet at least once each year  in the month of January.
  4. The ADMB may adopt rules and regulations  necessary for carrying out the purpose and provisions of this article.  The ADMB may appoint employees and assistants as necessary and fix  their compensation. The ADMB may enter into cooperative agreements  with boards of county commissioners, predator management districts,  federal or state agencies or other commissions, organizations or associations  for the purpose of managing predatory animals, rabid wildlife, predacious  birds and depredating animals. Predator management district boards  which choose not to enter into a cooperative agreement with the ADMB  shall not be precluded from continuing with, or entering into, a cooperative  agreement or memorandum of understanding with the United States department  of agriculture, animal and plant health inspection service, wildlife  services (USDA/APHIS/WS), other entities of government, organizations  or associations. This act [Wyoming Animal Damage Management Program]  is not intended and shall not replace, rescind, modify nor cancel  cooperative agreements or cooperative service agreements between the  USDA/APHIS/WS and the county predator management districts created  under W.S. 11-6-201 through 11-6-210 .
  5. The ADMB may elect to provide various  degrees of predator damage management services to any other person  pursuant to a separately negotiated cooperative agreement.
  6. The board shall investigate, test and  refine the concept and practices of integrated predator management.  The board shall develop and establish measurable goals and objectives.  The board shall report to the governor and the joint agriculture,  public lands and water resources interim committee and joint appropriations  interim committee on or before November 30 of each year to determine  the progress the board has made toward achieving the goals and objectives  it has established. The report shall also include actions taken, the  accomplishments and state monies expended by each county predator  management board participating in state funding.

History. Laws 1999, ch. 197, § 1; 2002 Sp. Sess., ch. 43, § 1; 2006, ch. 87, § 1; 2008, ch. 44, § 1; 2011, ch. 19, § 1.

The 2006 amendment substituted “predator management” for “predatory animal control” and made a similar change in (d).

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

The 2008 amendment, added (f).

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The 2011 amendment, effective July 1, 2011, in (f), inserted “and practices,” substituted “November 30” for “December 31,” and added the present last sentence.

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 11-6-305. Wyoming animal damage management board funding; sources; methods of collection.

  1. and (b) Repealed by Laws 2020, ch. 48, § 2.
  2. The ADMB may receive money for predatory  animal, predacious bird and depredating animal management from the  federal government, state appropriations, counties, agencies, boards,  associations, commissions, individuals and any other cooperators,  and may expend monies to purchase supplies, materials, services, and  to employ or contract personnel for predatory animal, predacious bird  and depredating animal damage management. The ADMB may make supplies,  materials, services and personnel available to cooperators at approximate  cost.

History. Laws 1999, ch. 197, § 1; 2003, ch. 112, § 1; 2004, ch. 36, § 1; 2010, ch. 69, § 207; 2020, ch. 48, § 2.

The 2004 amendment, effective January 1, 2005, in (a) substituted “fifty cents ($.50)” for “twenty-five cents ($.25).”

The 2010 amendment, effective July 1, 2010, in (a), deleted “Effective January 1, 2000” at the beginning.

The 2020 amendment, effective January 1, 2021, repealed (a) and (b), which read “(a) There is created a ‘wildlife damage management’ stamp. The stamp, issued at licensed selling agents as designated by the Wyoming game and fish commission may be purchased voluntarily. Proceeds from the sale of the stamp, excluding fifty cents ($.50) which the agent shall retain for each stamp sold, shall be deposited by the state treasurer into the animal damage management account created by W.S. 11-6-306 . The Wyoming game and fish commission shall retain the fees related to those administrative costs which are required to design and print stamps, and collect, account for and disburse these funds to the ADMB. The Wyoming game and fish commission shall annually provide to the ADMB a complete and detailed accounting of all administrative costs and fees. (b) The purchase price for the stamp shall be determined annually by the ADMB in whole dollar increments and established at such a level to meet financial obligations as budgeted.”

§ 11-6-306. Animal damage management account.

  1. There is created the animal damage management  account.
  2. Money received under W.S. 11-6-305 shall be deposited by the state treasurer in the animal  damage management account to be appropriated for the purposes provided  in this article.
  3. Any supplemental contributions received  by the department from livestock owners for predatory animal, predacious  bird or depredating animal damage management programs or the prevention  and management of rabid wildlife shall be deposited into the animal  damage management account.
  4. The animal damage management account shall  be administered for the ADMB by the Wyoming department of agriculture.

History. Laws 1999, ch. 197, § 1; 2002 Sp. Sess., ch. 43, § 1; 2005, ch. 231, § 1.

Cross references. —

As to payment to the landowner for antelope, deer, and elk killed on federal or state land, see § 23-3-105 .

The 2005 amendment, effective July 1, 2005, deleted “in the special revenue fund” in (a).

Appropriations. —

Laws 2003, ch. 112, § 4, appropriates from the general fund a one-time appropriation of $125,000.00 to the animal damage management account. This one-time appropriation is not to be included in the department of agriculture's standard budget request for the 2005-2006 biennium.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 11-6-307. Board to request funding from game and fish commission.

The board shall annually request two hundred thousand dollars ($200,000.00) from the Wyoming game and fish commission. These funds shall be expended for wildlife priorities. The game and fish commission shall provide recommendations to the board regarding expenditure of these funds. Priority shall be given to projects that directly involve predator control that will have the greatest benefit to wildlife or will reduce the cost to the department for animal damage payments.

History. Laws 1999, ch. 197, § 1; 2020, ch. 48, § 1.

The 2020 amendment, effective January 1, 2021, substituted “two hundred thousand dollars ($200,000.00)” for “one hundred thousand dollars ($100,000.00)” and “shall provide” for “may provide” and added the last sentence.

§ 11-6-308. District boards; relation to ADMB; duties generally.

  1. Each predator management district board  shall:
    1. Exercise general supervision in determining  local priorities for the management of predatory animals and predacious  birds that prey upon and destroy livestock, other domestic animals,  wildlife and crops;
    2. Devise and put in operation those methods  that best manage predatory animals and predacious birds;
    3. Administer funds received to carry out  the animal damage management program;
    4. Maintain existing financial and physical  resources;
    5. Provide input to the ADMB.

History. Laws 1999, ch. 197, § 1; 2006, ch. 87, § 1.

The 2006 amendment substituted “predator management” for “predatory animal” in (a).

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-6-309. Predator management district participation with the ADMB.

  1. Except as provided in subsection (b) of this section, if the predator management district has elected to participate in providing funding or upon approval of the ADMB, other in-kind resources, to the animal damage management account, the district may solicit funds or receive services from the ADMB under separate negotiated agreement. Two (2) or more districts may jointly solicit funds or receive services from the ADMB for purposes of this section.
  2. Whether or not a predator management district  has elected to participate in providing funding to the animal damage  management account, the district may solicit funds or receive services  from the ADMB for control of gray wolves designated as predatory animals.
  3. In any area of the state not under the  jurisdiction of a county predatory animal board, eligible applicants  for funds appropriated to the animal damage management board for the  purpose of controlling wolves designated as predatory animals include  state or county agencies.

History. Laws 1999, ch. 197, § 1; 2006, ch. 87, § 1; 2012, ch. 25, § 1; 2020, ch. 48, § 1.

The 2006 amendment substituted “predator management” for “predatory animal.”

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

The 2012 amendment, redesignated the existing provisions as (a); added “Except as provided in subsection (b) of this section” in (a); and added (b) and (c).

Laws 2012, ch. 25, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2012.

The 2020 amendment, effective January 1, 2021, in (a) added the last sentence.

§ 11-6-310. Applicability of chapter.

This article, unless contrary to federal law, shall apply to all federal, state and private lands.

History. Laws 1999, ch. 197, § 1.

§ 11-6-311. Exemptions.

The state predator management advisory board or the ADMB may exempt persons from payment of the imposed fees when the respective board determines that livestock as defined in this act [Wyoming Animal Damage Management Program] are permanently confined within pens or corrals within incorporated city limits where animal damage control activity by state or federal agencies is prohibited or severely restricted.

History. Laws 1999, ch. 197, § 1; 2006, ch. 87, § 1.

The 2006 amendment substituted “predator management” for “predatory animal.”

Laws 2006, ch. 87, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

§ 11-6-312. Cooperative agreements generally.

The ADMB may enter into cooperative agreements with other governmental agencies, counties, associations, corporations or individuals for carrying out the purposes of this article.

History. Laws 1999, ch. 197, § 1.

§ 11-6-313. [Repealed.]

Repealed by Laws 2008, ch. 39, § 1.

Editor's notes. —

This section, which derived from Laws 1999, ch. 197, § 1 and Laws 2003, ch. 112, § 1, related to the expiration date of this article.

Laws 2008, ch. 39, § 2, makes the act effective July 1, 2008.

Chapter 7 Apiary Registration and Inspection

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for injury or damage caused by bees, 86 ALR3d 829.

Keeping bees as nuisance, 88 ALR3d 992.

Beekeeping regulation: validity and construction, 55 ALR4th 1223.

Article 1. General Provisions

§§ 11-7-101 through 11-7-117. [Repealed.]

Repealed by Laws 1979, ch. 64, § 2.

Editor's notes. —

These sections, which derived from Laws 1925, ch. 148, §§ 19 through 31, related to apiary inspections.

§§ 11-7-118 through 11-7-129. [Repealed.]

Repealed by Laws 1983, ch. 7, § 2.

Editor's notes. —

These sections, which derived from Laws 1979, ch. 64, § 1, contained the Wyoming Agricultural Act of 1979.

§ 11-7-130. Short title.

This chapter may be cited as the “Wyoming Apiculture Act”.

History. Laws 1983, ch. 7, § 1; 2010, ch. 14, § 2.

The 2010 amendment, effective July 1, 2010, deleted “of 1983” at the end.

§ 11-7-131. Definitions.

  1. As used in this chapter:
    1. “Apiary” means a place where one (1) or  more colonies of bees or one (1) or more hives containing honeycombs  or bee combs are kept;
    2. “Bee diseases” means American or European  foulbrood, sacbrood, bee paralysis or other disease or abnormal condition  of the egg, larval, pupal or adult stages of bees, including bee parasites  and bee pests;
    3. “Bees” means any stage of the life cycle  in the genus Apis;
    4. “Colony” means the bees, hive and all  equipment used in connection with the hive;
    5. “Comb” means the brood chamber used by  the queen for the protection of brood;
    6. “Department” means the department of agriculture;
    7. “Equipment” means hives, supers, frames,  veils, gloves or any apparatus, tools, machines or other devices used  in the handling and manipulation of bees, honey, wax and hives and  includes any container of honey and wax which may be used in an apiary  or in transporting bees and their products and apiary supplies;
    8. “Family unit” means two (2) or more persons  living together or residing in the same dwelling, house or other place  of residence;
    9. “General apiary” means any apiary other  than a pollination apiary, landowner apiary or hobbyist apiary;
    10. “Hive” means a frame hive, box hive, box,  barrel, log gun, skep or other receptacle or container or a part of  a container, natural or artificial, which may be used as a domicile  for bees;
    11. “Hobbyist apiary” means an apiary owned  by a hobbyist beekeeper;
    12. “Hobbyist beekeeper” means a person who  owns a total of not more than five (5) hives;
    13. “Landowner” means the person who has the  actual use and exclusive possession of the land upon which a landowner  apiary is to be registered, except that a person leasing or renting  land for the primary purpose of locating or establishing an apiary  thereon is not considered a landowner;
    14. “Landowner apiary” means an apiary owned  by a landowner as defined in this section;
    15. “Person” means any individual, association,  partnership or corporation;
    16. “Pollination apiary” means an apiary operated  for pollination of commercial seed, fruit or other commercial agricultural  product as provided in W.S. 11-7-203 ;
    17. “Queen apiary” means an apiary or premises  in which queen bees are reared or kept for sale or gift;
    18. “Bee parasites” means mites, including  but not limited to varroa mites and tracheal mites;
    19. “Bee pests” means insects, including but  not limited to small hive beetles and red imported fire ants;
    20. “General beekeeper” means a person who  owns more than five (5) hives and manages and operates the bees and  the hives;
    21. “Global positioning system or GPS” means  a device that provides accuracy in positioning using latitude and  longitude coordinates;
    22. “Holding yard” means an area where colonies  are temporarily placed prior to leaving the state or returning from  pollination in another state;
    23. “Spray yard” means a temporary location  where colonies are moved prior to any pesticide application in the  area of the beekeeper’s registered location.

History. Laws 1983, ch. 7, § 1; 2010, ch. 14, § 2.

The 2010 amendment, effective July 1, 2010, added “including bee parasites and bee pests” in (a)(ii); substituted “life cycle” for “bees” in (a)(iii); inserted “bees” in (a)(iv); and added (a)(xviii) through (a)(xxiii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-7-132. Disposition of fees.

Registration and inspection fees collected under this chapter shall be transmitted by the department to the state treasurer for deposit in the general fund.

History. Laws 1983, ch. 7, § 1.

§ 11-7-133. Penalties.

Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than six (6) months, or both. Each day the violation continues constitutes a separate offense.

History. Laws 1983, ch. 7, § 1.

Article 2. Registration

§ 11-7-201. Apiary registration; procedure; information; conditions; penalties.

  1. Any person who owns or possesses any class  of apiary in this state shall register that apiary with the department  before April 1 of each year.
  2. Application for registration shall be  made to the department on forms it prescribes and furnishes and shall  include:
    1. The applicant’s name and address;
    2. The total number of colonies of bees the  beekeeper owns;
    3. The location of the apiary, setting forth  specifically the location by sectional division to the nearest quarter  section, the township and range and the latitude and longitude coordinates,  or if within the corporate limits of a municipality, the number of  the lot and block in the municipality including street address and  the latitude and longitude coordinates determined using GPS. All new  registrations shall include latitude and longitude coordinates. Effective  July 1, 2012, latitude and longitude coordinates shall be required  for all apiary registrations;
    4. The name of the owner, renter or occupant  of the land on which the apiary is located and, if the application  is for an apiary being registered for the first time, it shall also  show that the owner, renter or occupant of the land has consented  to the apiary being located on his land;
    5. The date the apiary was first established  which shall be included for each location on yearly apiary renewal  applications; and
    6. The class of apiary registration for which  application is being made.
  3. Upon receipt of the application and payment  of the fees, the department may issue a certificate of registration  for an apiary, setting forth:
    1. The name of the owner;
    2. The specific location of the apiary; and
    3. The class of apiary authorized.
  4. In issuing certificates of registration  for apiaries, if there is a conflict between applicants with respect  to location, the department shall give preference to the applicant  having the oldest, continuous apiary registration.
  5. Certificates of registration shall not  be issued for new apiaries which are within such close proximity to  established registered apiaries that there is danger of spread of  bee diseases, bee parasites or bee pests or that the proximity may  interfere with the proper feeding and honey flow of established apiaries.
  6. Each apiary registrant shall post in a  conspicuous location at or near each apiary he owns legible evidence  of registration, including his name and telephone number.
  7. The department shall notify each registrant  of his delinquency, if that registrant fails to reregister by April  1 of each year. The notification shall be by certified mail and is  sufficient if deposited in a United States post office or mail box  at least ten (10) days before May 1 and addressed to the registrant  at his last address appearing in the department’s apiary registration  files. Any apiary registration which has not been received by May  1 of each year is forfeited and all rights under the registration  terminate.
  8. Any person who owns or possesses any bees,  hives, colonies or beekeeping equipment in this state or who owns  or possesses an apiary in this state and who fails or refuses to register  that apiary as provided in this chapter is guilty of a misdemeanor  and upon conviction thereof is subject to the penalties set forth  in W.S. 11-7-133 .
  9. Repealed by Laws 2010, ch. 14, § 3.

History. Laws 1983, ch. 7, § 1; 2010, ch. 14, §§ 2, 3.

The 2010 amendment, effective July 1, 2010, in (b)(ii), inserted “total” and substituted “the beekeeper owns” for “hives and equipment in the apiary”; in (b)(iii), inserted “the latitude and longitude coordinates, or” and “and the latitude and longitude coordinates determined using GPS,” and added the last two sentences; inserted “which shall be included for each location on yearly apiary renewal applications” in (b)(v); substituted “bee diseases, bee parasites or bee pests” for “disease” in (e); and repealed former (j) which read: “Nothing in this chapter shall be construed as invalidating, canceling, amending, terminating or extending any certificate of registration the department issued prior to May 27, 1983. All certificates of registration issued prior to that date remain in effect, until January 31, 1984 subject to forfeiture, lapse, abandonment and termination in the manner provided by law.”

§ 11-7-202. General apiary registrations.

  1. In order to control, limit and prevent  the spread of bee diseases, bee parasites or bee pests among bees,  hives and apiaries and to control, limit and prevent interference  with proper feeding and honey flow of established apiaries, general  apiaries registered to different persons shall be located at least  two (2) miles apart, except as otherwise provided in this article.  The department shall not register or issue a certificate of registration  for any general apiary that is located less than two (2) miles from  a general apiary registered to another person, except as otherwise  provided in this section.
  2. Any person may register a general apiary  that is situated less than two (2) miles from another general apiary  he has registered, if the location of the general apiary being applied  for is at least two (2) miles from general apiaries registered to  other persons.
  3. A general apiary may be registered even  though it is less than two (2) miles from any registered pollination  apiary, landowner apiary or hobbyist apiary.
  4. A person with an existing apiary that  is located less than two (2) miles from an existing general apiary  registered to another person may register his apiary as a general  apiary under the following conditions:
    1. His apiary is established and registered  with the department as a general apiary under the department’s rules  in effect prior to December 31, 2009; and
    2. The registration of his apiary has not  been forfeited or abandoned.

History. Laws 1983, ch. 7, § 1; 2010, ch. 14, § 2.

The 2010 amendment, effective July 1, 2010, substituted “bee parasites or bee pests” for “and other contagious or infectious diseases” in (a); and substituted “December 31, 2009” for “May 27, 1983” in (d)(i).

§ 11-7-203. Pollination apiary registrations.

  1. The department may grant pollination apiary  registrations to commercial seed and fruit producers or other commercial  agricultural producers under the following conditions:
    1. The applicant must own, lease or rent  the land upon which the pollination apiary is to be located and the  applicant must use the land for the purpose of growing a commercial  seed, fruit or other crop which is dependent upon bees or other insects  for pollination;
    2. The applicant does not own the bees or  the hives which are to be placed upon the pollination apiary;
    3. The only purpose of the apiary is to pollinate  a commercial agricultural crop;
    4. The applicant shall provide the department  with all pertinent information necessary to determine if pollination  apiaries are needed to pollinate the applicant’s crop adequately;
    5. The department may refuse to register  a pollination apiary based upon its own investigation of the matter,  but if the department approves the application, it shall specify the  number of hives and location of pollination apiaries needed for the  purpose of pollinating the applicant’s commercial agricultural crop  adequately; and
    6. A copy of the pollination contract between  the seedgrower and beekeeper shall be sent to the department.
  2. A pollination apiary registration is valid  only for the time period the department specifies, and all pollination  apiaries shall be removed within two (2) weeks after the end of the  bloom period of the crop to be pollinated.
  3. No certificate of registration of a pollination  apiary may be leased, assigned or transferred and no person other  than the pollination apiary registrant may exercise in any way any  rights or privileges authorized by the certificate of registration.

History. Laws 1983, ch. 7, § 1.

§ 11-7-204. Landowner apiary registrations.

  1. The department may grant landowner apiary  registrations under the following conditions:
    1. The applicant shall be a landowner, as  defined in W.S. 11-7-131(a)(xiii) and shall own the land upon which the apiary will be  located;
    2. The applicant shall own the bees and the  hives that will be placed on the apiary; and
    3. The applicant shall personally manage  and operate the bees and the hives.
  2. No certificate of registration of a landowner  apiary shall be leased, assigned or transferred and no person other  than the landowner apiary registrant shall exercise in any way any  rights or privileges authorized by the certificate of registration.

History. Laws 1983, ch. 7, § 1.

§ 11-7-205. Hobbyist apiary registrations.

  1. The department may grant hobbyist apiary  registrations to hobbyist beekeepers under the following conditions:
    1. The applicant shall not own a total of  more than five (5) hives, and all of the hives must be placed on the  hobbyist apiary;
    2. The applicant shall own the bees and the  hives and shall personally manage and operate the bees and the hives;
    3. Only one (1) hobbyist registration is  allowed an applicant and only two (2) hobbyist apiary registrations  are allowed a family unit; and
    4. If the department determines that too  many hobbyist apiaries are being registered within too close proximity  of each other or of other established apiaries so that there is danger  of the spread of bee diseases, bee parasites or bee pests among bees  or apiaries or that there will be interference with the proper feeding  and honey flow of established apiaries, the department may refuse  to grant any further hobbyist registrations in the locality and area  of the danger.
  2. No certificate of registration of a hobbyist  apiary may be leased, assigned or transferred, and no person other  than the hobbyist apiary registrant may exercise in any way any rights  or privileges authorized by the certificate of registration.

History. Laws 1983, ch. 7, § 1; 2010, ch. 14, § 2.

The 2010 amendment, effective July 1, 2010, substituted “bee parasites or bee pests” for “or other contagious or infectious diseases” in (a)(iv).

§ 11-7-206. Restrictions on apiary locations.

Pollination apiaries, landowner apiaries and hobbyist apiaries may be located less than two (2) miles from pollination apiaries, landowner apiaries, hobbyist apiaries and general apiaries registered to other persons. General apiaries may be located within two (2) miles of one another only under the provisions of W.S. 11-7-202 .

History. Laws 1983, ch. 7, § 1.

§ 11-7-207. Changing locations; enlarging or selling apiaries.

  1. No owner of an established registered  apiary shall change the location of the apiary without first receiving  from the department authorization to establish the new apiary. In  making the application, the owner shall specify the location of the  apiary with the same particularity as in the application for original  registration. If the new apiary is not used according to W.S. 11-7-211 , the certificate of registration lapses and all rights  under the registration terminate. Registrations for new apiaries shall  not be issued for greater areas than the applicant can show are reasonably  necessary for his needs consistent with good beekeeping practice.
  2. A registered apiary may be sold or transferred  to a purchaser subject to applicable provisions of this chapter if  all bees and equipment on the apiary are sold to the purchaser.
  3. No person may increase the number of hives  on an apiary to exceed the number of hives consistent with good beekeeping  practices authorized by his certificate of registration for that apiary,  except that a person may increase the number of hives on a general  apiary beyond the number authorized by the certificate of registration  in order to protect his bees and hives from bears or other predators.  A person may also enlarge a general apiary during the spring buildup  and in the fall after the end of the honey season in order to gather  his bees for shipment out of the state or to winter his bees on that  apiary.

History. Laws 1983, ch. 7, § 1.

Cross references. —

As to normal buildup and honey producing season, see § 11-7-210(a).

§ 11-7-208. New locations; evidence of owner's or manager's permission.

Any person registering a new location for the first time shall have the approval signature of the landowner or manager thereof indicating that the landowner has given permission to place an apiary on his property.

History. Laws 1983, ch. 7, § 1.

§ 11-7-209. Minimum number of colonies.

All registered bee locations must consist of not less than ten (10) colonies of bees during a minimum of forty-five (45) or more continuous days during any part of normal buildup or honey producing period of the year. This provision does not apply to beekeepers who own a total of less than five (5) colonies of bees registered in only one (1) apiary.

History. Laws 1983, ch. 7, § 1.

Cross references. —

As to the normal buildup and honey producing season, see § 11-7-210(a).

§ 11-7-210. Normal buildup and honey producing season; registration time; voiding registration.

  1. The normal buildup and honey producing  season begins on May 1 and continues through September 30.
  2. The regular registration time consists  of the months of February through April.
  3. The established way for voiding the registration  of an apiary shall be initiated and completed by January 31 during  the same registration year that the apiary was not in use.

History. Laws 1983, ch. 7, § 1.

§ 11-7-211. Forfeit of registration; termination of rights; disposition of equipment.

  1. The registration of an apiary which is  not stocked with bees during at least forty-five (45) continuous days  of the normal buildup or honey producing season is forfeited and all  rights under the certificate of registration terminate.
  2. An apiary not regularly attended in accordance  with good beekeeping practice, which comprises a hazard or threat  to disease control in the beekeeping industry or which by reason of  its physical condition or construction cannot be inspected, may be  considered an abandoned apiary and may be seized by the department.  Any diseased equipment or equipment which by reason of its physical  condition or construction cannot be inspected may be burned, and any  remaining equipment may be sold at public auction. Proceeds, after  the cost of the sale is deducted, shall be returned to the former  owner or his estate. Before burning or selling any equipment, the  department shall give the owner or person in charge a written notice  at least five (5) days before the burning or sale. The notice shall  be given by certified mail or personal service upon the owner or person  in charge of the property. If the owner or person in charge cannot  be located, a certified letter sent to the owner’s last address registered  with the department is sufficient notice under this section.

History. Laws 1983, ch. 7, § 1.

§ 11-7-212. Registration fees.

  1. Each year before a certificate of registration  may be issued for an apiary, the owner or applicant for the certificate  shall pay the department a registration fee in the amount authorized  by W.S. 11-1-104 , with the exception of those apiaries classified as hobbyist  apiaries, which will be issued a nonfee certificate of registration.
    1. through (xi) Repealed  by Laws 1993, ch. 135, § 3.
  2. Repealed by Laws 1993, ch. 135, § 3.

History. Laws 1983, ch. 90, § 1; W.S. 1977, § 11-7-202 ; 1993, ch. 135, §§ 2, 3.

Editor's notes. —

This section was enacted by Laws 1983, ch. 90, as § 11-7-202 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

§ 11-7-213. Holding yard apiary location.

  1. The department may grant a certificate  of registration for a temporary holding yard location to provide an  area for holding hives prior to and after returning from pollination  of a commercial agricultural crop in another state.
  2. A temporary holding yard location shall  not be used for planned honey production.
  3. A general beekeeper shall provide the  department location information for all temporary holding yard locations  by designating the yard name and latitude and longitude coordinates  which shall be included on the yearly renewal application and designated  with “HY” for holding yard, as the authorized class.
  4. A colony may be held at a temporary holding  yard location for not more than two (2) months during the spring and  for not more than two (2) months during the fall.

History. Laws 2010, ch. 14, § 1.

§ 11-7-214. Spray yard apiary location.

  1. The department may grant a certificate  of registration for a spray yard apiary location to provide an area  for holding hives during pesticide application to allow a safe haven  for the health and safety of the bees.
  2. A spray yard apiary location shall not  be used for planned honey production.
  3. Any hive shall not be held at a spray  yard apiary location for more than sixteen (16) days after any pesticide  application and the hive then shall be returned to the registered  location.
  4. A general beekeeper shall notify the department  or the apiary inspector when hives are moved to spray yard apiary  locations.

History. Laws 2010, ch. 14, § 1.

§ 11-7-215. Variance agreements.

  1. Upon request from a general beekeeper,  the department may enter into a variance agreement with the general  beekeeper because of drought conditions, crop rotation, conservation  reserve program acres or other unforeseen circumstances adverse to  a yard location.
  2. Following a thorough investigation of  each request under subsection (a) of this section, the department  shall determine whether or not to enter into the requested variance  agreement. If granted, a variance agreement shall contain an expiration  date, after which the bees shall be returned to the original registered  location. Failure to return the bees to the original registered apiary  location shall cause that registered apiary location to be forfeited.
  3. Signed copies of a variance agreement  between a beekeeper and the department shall be on file in the department’s  Cheyenne office and with the area apiary inspector and the beekeeper.

History. Laws 2010, ch. 14, § 1.

Article 3. Inspection and Certification — Apis Bees

§ 11-7-301. Apiaries; powers and duties of the department.

  1. To prevent the spread of bee diseases,  bee parasites or bee pests among bees and apiaries, to protect apiaries  against depredation by wildlife and to assist law enforcement agencies  in an effort to alleviate losses due to theft, the department may:
    1. Order the transfer of colonies of bees  from hives or containers which cannot be properly examined for brood  or other bee diseases, bee parasites or bee pests to other hives or  containers;
    2. Order disinfection of any bee, beehive,  brood comb or any other equipment which is infected or contaminated  and burn any infected or contaminated bee, beehive, brood comb or  any other equipment if, in its judgment, disinfection will not remove  the infection or contamination. Before burning any property, the department  shall give the owner or person in charge a written notice at least  ten (10) days before the date on which the property will be burned.  The notice shall be given by certified mail or personal service upon  the owner or person in charge of the property;
    3. Quarantine any apiary where foulbrood  or any contagious or infectious bee diseases, bee parasites or bee  pests are present and, during the quarantine, prevent the removal  from the apiary of any bees or equipment except under a special permit  issued by the department permitting the removal under conditions it  prescribes. A person may not sell or offer for sale any apiary, bees  or equipment which are under quarantine unless the department issues  a permit authorizing the sale or removal. Written notice of quarantine  shall be posted by the department, owner or person in charge at the  quarantined apiary at a conspicuous place, and a copy shall be personally  served or sent by certified mail to the owner of the apiary or person  in charge. The quarantine continues in effect until it is ordered  removed and a copy of the removal order served in the same manner;
    4. Inspect any apiary, hives, equipment or  premises for the presence of bee diseases, bee parasites or bee pests.  Hives belonging to persons owning apiaries within the state shall  be inspected for contagious diseases according to schedules established  by the department. Apiary inspectors shall establish the date for  the inspection of any apiary with the beekeeper. The inspection date  shall be agreeable to the inspector and the beekeeper and shall include  a total of seven (7) consecutive days upon which the inspection can  be undertaken due to weather and unforeseen circumstances. Any beekeeper  responsible for an apiary who refuses an inspection on any of the  seven (7) agreed upon dates is subject to penalties provided pursuant  to W.S. 11-7-133 ;
    5. Order the hives within an apiary which  is not legally registered with the state to be confiscated. The owner  of the apiary shall be notified at least seven (7) days prior to the  date of confiscation. Notification shall be by certified mail addressed  to the last known address of the owner or by personal service upon  the owner;
    6. Promulgate and enforce rules adopted to  carry out the purpose of this chapter;
    7. Enter into agreements with the game and  fish commission as necessary to protect bees and hives against wild  animals;
    8. Assist any sheriff, peace officer or district  attorney in any county in the discharge of their duties or investigations  relating to the apiary industry.
  2. Any owner of bees possessing more than  fifty (50) colonies shall furnish one (1) helper to assist the inspector.  Apiary inspectors may inspect bee colonies at any time without previous  notice.
  3. Any person failing to comply with a rule,  order or provision of a quarantine pursuant to this section is subject  to penalties provided in W.S. 11-7-133 .

History. Laws 1983, ch. 7, § 1; 1996, ch. 33, § 1; 2004, ch. 130, § 1; 2010, ch. 14, § 2.

The 2004 amendment, in (a)(v), substituted “service upon” for “service to.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2010 amendment, effective July 1, 2010, substituted “bee diseases, bee parasites or bee pests” for “contagious and infectious disease” in introductory language of (a); substituted “bee diseases, bee parasites or bee pests” for “diseases” in (a)(i) and (a)(iii); in (a)(iv), substituted “bee diseases, bee parasites or bee pests” for “disease” in the first sentence, and added the third through fifth sentences.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 11-7-302. Importation of bees, combs or hives.

  1. A beekeeper shall notify the department  and request an inspection to be conducted at any specified registered  location or holding yard not later than fourteen (14) days after entry  of any colony into this state. Following an inspection for colony  health, the department may issue an export certificate for any colony  imported into Wyoming. An export certificate is valid for one (1)  year and allows export from and re-entry into Wyoming at any port  of entry.
  2. Bees shipped on combless packages or in  packages on new frames and new foundation are not prohibited.
  3. Comb honey in sections intended for human  consumption is not prohibited.
  4. All package bees shipped into Wyoming  shall be accompanied by an affidavit stating that no honey has been  used for food in transit. It is unlawful for anyone shipping queen  bees in cages into this state to use any honey for queen cage foods.
  5. If an official Wyoming apiary inspector  finds that any bees imported into the state have infectious or contagious  diseases within fourteen (14) days after arrival, the apiary inspector  shall destroy the diseased bees and equipment.

History. Laws 1983, ch. 7, § 1; 2001, ch. 106, § 1; 2010, ch. 14, § 2.

The 2010 amendment, effective July 1, 2010, rewrote (a), deleting the former first four sentences, substituting “A beekeeper shall” for “Upon entry into this state, an owner must,” and adding the last two sentences.

Article 4. Alfalfa Leaf-Cutter Bee

§ 11-7-401. Definitions.

  1. As used in this act:
    1. “Bee” means any stage in the life cycle  of a bee of the species Megachile rotundata (F), commonly known as  the alfalfa leaf-cutter bee;
    2. “Certification” means the process of analyzing  bees and equipment by the department to determine whether they meet  the required health standards;
    3. “Department” means the department of agriculture;
    4. “Equipment” means trays, incubators, cell  removers, tumblers and other apparatus used in rearing bees excluding  nesting materials;
    5. “Nesting materials” means shelters, laminates,  polyblocks, drilled boards or any other product which leaf-cutter  bees actually use for nesting;
    6. “Parasite” means an organism living in  or on any stage of the alfalfa leaf-cutter bee obtaining nutriment  from the body of the bee or nesting material;
    7. “Pathogen” means an organism, parasite  or otherwise, that causes disease in the alfalfa leaf-cutter bee;
    8. “Wild trap” means to trap bees on property  not owned by the trapper;
    9. “This act” means W.S. 11-7-401 through 11-7-407 ;
    10. “Sanitization” means any treatment including  iodine, heat, chlorine or any other method approved by the department.

History. Laws 1983, ch. 110, § 1; W.S. 1977, § 11-7-201 ; Laws 1997, ch. 101, § 1.

Editor's notes. —

This section was enacted by Laws 1983, ch. 110, as § 11-7-201 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-7-402. Duties and powers of department.

  1. The department shall:
    1. Administer this act;
    2. By rule or regulation adopt minimum standards  for the presence of pathogens and parasites in bees to be certified,  imported and possessed or controlled in this state;
    3. Whenever it has reasonable cause to believe  a person is in possession of any diseased or parasitized bee or equipment  or otherwise possesses any bee or equipment in violation of this act  or rules adopted under this act, order a quarantine of the suspected  bees or equipment and may require any person in possession of such  bees to hold them under specified conditions until notified otherwise  in writing;
    4. Release any quarantine or order to hold  bees upon a finding that the bees and equipment are possessed in compliance  with this act.
  2. The department may:
    1. Enter into agreements with other governmental  agencies or private associations in carrying out the provisions of  this act;
    2. Enter upon any public or private premises  to inspect and sample bees or equipment that may be diseased or parasitized;
    3. Quarantine any bees or equipment found  to be infected with pathogens or parasites at a level exceeding certification  standards;
    4. Order the sanitization or destruction  of any bees or equipment that is infected with parasites or pathogens  and that does not meet certification standards.

History. Laws 1983, ch. 110, § 1; W.S. 1977, § 11-7-202 ; Laws 1997, ch. 101, § 1.

Editor's notes. —

This section was enacted by Laws 1983, ch. 110, as § 11-7-202 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-7-401(a)(ix).

§ 11-7-403. Annual certification; application; inspection of sample; recertification; fees.

  1. No person shall import, possess or control  alfalfa leaf-cutter bees in this state unless the bees are certified  annually under this section.
  2. To certify bees, a person shall file a  completed application form provided by the department together with  the certification and laboratory fees. Certification and laboratory  fees shall be established by the department for each pound of bees  certified. The applicant must provide at least the following:
    1. Name and place of residence;
    2. The general location and number of bees  to be registered; and
    3. Other relevant information as required  by department regulation.
  3. After receipt of an application for certification,  a sample of the total population of bees to be certified shall be  selected by the department or its agent in a manner prescribed by  the department. The sample shall be inspected for pathogens and parasites.  If no pathogens or parasites in excess of certification standards  are found, the sample shall be reported within certifiable limits.
  4. When the department receives a completed  application form, a certification fee and a report that the sample  is within certifiable limits, it shall issue a certificate for the  bees.
  5. The department shall specify the date  by which any applicant must apply for recertification the following  year.
  6. Fees collected under this act shall be  deposited into a separate account and expended for administration  and enforcement of this act. In administering and enforcing the provisions  of this act, the department, by a separately negotiated agreement  with another governmental agency or a private association as authorized  by W.S. 11-7-402(b)(i), may make the fees available for expenditure by that  agency or association. Any such agency or association shall be required  to submit an annual budget to the department for its review and approval  prior to the expenditure of any funds under this section.

History. Laws 1983, ch. 110, § 1; W.S. 1977, § 11-7-203 ; Laws 1997, ch. 101, § 1; 2005, ch. 47, § 1; ch. 231, § 1.

The 2005 amendments. —

The first 2005 amendment, by ch. 47, § 1, effective July 1, 2005, in (f), added the last two sentences.

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, substituted “a separate account” for “an account in the earmarked revenue fund” in (f).

See the conflicting legislation note. This section is set out incorporating the amendments by both 2005 acts.

Editor's notes. —

This section was enacted by Laws 1983, ch. 110, as § 11-7-203 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-7-401(a)(ix).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 11-7-404. Importation restrictions.

  1. No bee shall be imported into this state  except under the provisions of this section.
  2. Prior to the importation of any bee, the  importer shall file a completed application form as required under W.S. 11-7-403(b) and arrange a date and time for inspection.
  3. Prior to certification, each bee and associated  transport equipment shall be quarantined.
  4. No bee shall be imported except in loose  cells or as adults. No bee shall be imported in a drilled board, soda  straw or other equipment that prevents adequate inspection of the  bee.
  5. A representative sample of the population  of bees imported shall be inspected as the basis for certification.
  6. No person shall import used nesting materials.
  7. No bee shall be certified unless all other  requirements for certification under W.S. 11-7-403 are met.
  8. Used metal or plastic equipment may be  imported with prior written notice to the department. Used equipment  shall be sanitized prior to entry into this state and immediately  after entry as provided by W.S. 11-7-401(a)(x).
  9. Any person not already owning or having  leaf-cutter bees in Wyoming who imports leaf-cutter bees for the first  time into an area where no leaf-cutter bees have previously been placed  by that person shall meet the standards for unconditional leaf-cutter  bee certification established by rules and regulations adopted by  the department.

History. Laws 1983, ch. 110, § 1; W.S. 1977, § 11-7-204 ; Laws 1997, ch. 101, § 1.

Editor's notes. —

This section was enacted by Laws 1983, ch. 110, as § 11-7-204 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

There is no subsection (i) in this section as it appears in the printed acts.

§ 11-7-405. Restrictions on rearing, moving and trapping bees; permits; fees.

  1. No person shall rear any bee in a nesting  material from which samples of loose larval cells cannot readily be  obtained such as drilled boards or soda straws.
  2. No person shall move any quarantined bee  or equipment except by special permit issued by the department.
  3. No person may wild trap or attempt to  wild trap bees unless that person has been issued a permit to wild  trap in accordance with rules adopted by the department.
  4. The permits under subsections (b) and  (c) of this section shall be issued under rules adopted by the department.  The department shall by rule establish a reasonable fee for each permit.

History. Laws 1983, ch. 110, § 1; W.S. 1977, § 11-7-205 ; 2010, ch. 69, § 207.

The 2010 amendment, effective July 1, 2010, in (a), deleted “except drilled boards may be used until April 1, 1984” at the end.

Editor's notes. —

This section was enacted by Laws 1983, ch. 110, as § 11-7-205 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

§ 11-7-406. Penalty.

Any person who violates this act is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00). Each day a violation of this act continues is a separate offense.

History. Laws 1983, ch. 110, § 1; W.S. 1977, § 11-7-206 .

Editor's notes. —

This section was enacted by Laws 1983, ch. 110, as § 11-7-206 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-7-401(a)(ix).

§ 11-7-407. Laboratory authorized; fees for services.

The department may develop and maintain a laboratory at the University of Wyoming agriculture extension center at Powell to provide analytical services required under this act and may authorize the laboratories to provide services to persons possessing bees or equipment by charging a fee equal to the cost of providing those services.

History. Laws 1983, ch. 110, § 1; W.S. 1977, § 11-7-207 .

Editor's notes. —

This section was enacted by Laws 1983, ch. 110, as § 11-7-207 , but it has been renumbered to conform to the revision of this chapter by Laws 1983, ch. 7.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-7-401(a)(ix).

Chapter 8 Packaging, Labeling and Advertising of Honey

§ 11-8-101. Definition of honey; improper labeling prohibited.

  1. “Honey” means the nectar and saccharine  exudation of plants, gathered, modified and stored in the comb by  honey bees, which is levorotatory, containing not more than twenty-five  percent (25%) water, not more than twenty-five hundredths percent  (.25%) ash, and not more than eight percent (8%) sucrose.
  2. It is unlawful to sell or offer for sale  any product which resembles honey and which is labeled, advertised  or otherwise represented to be honey, if it is not honey. The word  “imitation” shall not be used in the name of a product which resembles  honey whether or not it contains any honey. The label for a product  which does not resemble honey but which contains honey may include  the word “honey” in the name of the product, and the relative position  of the word “honey” in the product name, and in the list of ingredients  when required, shall be determined by its prominence as an ingredient  in the product.

History. Laws 1975, ch. 3, § 1; W.S. 1957, §§ 11-121.1, 11-121.2; W.S. 1977, §§ 11-8-101 , 11-8-102 ; Laws 1978, ch. 32, § 1.

§ 11-8-102. Penalty.

A violation of W.S. 11-8-101 is a misdemeanor, and any person convicted thereof shall be fined not more than one hundred dollars ($100.00), imprisoned in the county jail not more than ninety (90) days, or both.

History. Laws 1975, ch. 3, § 1; W.S. 1957, § 11-121.3; W.S. 1977, § 11-8-103; Laws 1978, ch. 32, § 1.

Chapter 9 Nursery Stock

Power to regulate nursery stock. —

State may establish and enforce regulations governing inspection and sale of nursery stock, eradication of fruit pests and prohibiting sales without license. Welch v. Nelson, 23 Wyo. 409, 152 P. 788, 1915 Wyo. LEXIS 41 (Wyo. 1915).

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture §§ 16, 35, 52.

3 C.J.S. Agriculture §§ 65, 68.

§ 11-9-101. Definitions.

  1. As used in W.S. 11-9-101 through 11-9-109 :
    1. “Nursery” means any ground, place or establishment  where nursery stock is grown, offered for sale, sold, distributed  or is offered as part of a landscape service;
    2. “Nursery stock” means:
      1. All field-grown, greenhouse-grown or collected  wild stock of woody plants such as fruit, forest, windbreak, shade  and ornamental trees, shrubs or vines for fruit production, ornamental  or protective plantings and herbaceous perennials used as ornamentals;
      2. All plants, rooted cuttings and plants  with roots attached grown from bulbs, corms, tubers, rhizomes or other  vegetative parts, whether produced out-of-doors or under glass and  whether grown in open ground or in benches, boxes, pots or other containers;
      3. All bulbs, corms, pips, rhizomes, tubers,  roots, cuttings, scions, grafts or other vegetative parts of plants;  and
      4. All ground cover, including sod, plugs  and vegetative mulches and compost.
    3. “Nursery stock” shall not include prohibited,  restricted, regulated or designated noxious weeds;
    4. “Nursery stock dealers” means any person  who obtains nursery stock to be offered for sale or distribution;
    5. “Nursery stock salesman” means any person  selling, distributing or soliciting orders for delivery of nursery  stock directly to the ultimate consumer from a supply on hand at a  location other than a nursery stock dealer’s place of business;
    6. “Injurious insect” means any animal of  the phylum Arthropoda known to be injurious to agricultural or horticultural  plants;
    7. “Other pest” means any animal of the phyla  Mollusca or Nematoda or parasitic plant, plant parasite or other vector  known to be injurious to agricultural or horticultural plants;
    8. “Plant disease” means any fungi, bacteria,  or virus injurious to plants and plant products;
    9. “Plant inspection or health certificate”  means a legal document issued by the department or the plant regulatory  agency of another state declaring that the nursery stock being sold  or distributed is apparently free of injurious insects, plant diseases,  other pests and prohibited, restricted, regulated or designated noxious  weeds;
    10. “Vector” means an insect, plant or other  organism that transmits an insect, fungus, virus, bacterium or other  infection;
    11. “Designated noxious weed” means as defined  in W.S. 11-5-102(a)(xi);
    12. “Substantially free” means any injurious  insect, other pest or plant disease is not locatable in groups or  not affecting more than one percent (1%) of the nursery stock.
  2. These definitions do not include cut Christmas  trees, cut flowers, seeds, seed potatoes or plant parts grown or offered  for consumption as human food or as feed for animals.
  3. Age, when stated on any advertisement,  label or sign in connection with the sale or offering for sale or  distribution of nursery stock, shall be stated in years from time  at which such nursery stock was propagated and each shall indicate  the completion in autumn of one (1) seasonal growth period.

History. Laws 1961, ch. 56, § 1; W.S. 1957, § 11-125.1; Laws 1978, ch. 32, § 1; 2007, ch. 106, § 2.

The 2007 amendment, effective July 1, 2007, in (a), substituted “11-9-109” for “11-9-108” in the introductory language, inserted (ii)(D), (iii), (vii), (ix) through (xii) and redesignated the remaining subsections accordingly, substituted “or is offered as part of a landscape service” for “or distributed” in (i), deleted “berry” preceding “plants” in (ii)(B), substituted “or horticultural” for “or ornamental” in present (vi), substituted “or virus” for “nematode, virus or plant parasite” in present (viii); and made stylistic and related changes.

§ 11-9-102. License requirements and fees for dealers and salesmen; disposition of fees.

  1. No person shall engage in the business  of selling, offering for sale or distributing nursery stock within  Wyoming without first obtaining a license from the state department  of agriculture. The fee for a license shall be the fee authorized  by W.S. 11-1-104 .
  2. Upon application for a resident nursery  stock dealer license and payment of the required fee, the director,  or an authorized inspector shall inspect the premises and stock of  the applicant and shall issue the license if the inspection shows  the premises and stock to be substantially free or apparently free  from injurious insects, plant diseases or other pests and free of  prohibited, restricted, regulated or designated noxious weeds.
  3. If the inspection reveals the premises  or stock not to be substantially free or apparently free of injurious  insects, plant diseases, other pests or prohibited, restricted, regulated  or designated noxious weeds, the nursery stock shall be removed or  quarantined from sale and a written plan of action to remedy the condition  by treatment, control actions or destruction shall be presented to  the inspector within one (1) working day. The nursery shall be inspected  again within a time agreed upon by the director, or his authorized  agent, and the dealer and noted in writing on the plan, but no later  than fifteen (15) days after the previous inspection. Upon subsequent  inspection the nursery stock shall be substantially free or apparently  free from the injurious insects, plant diseases and other pests and  free from prohibited, restricted, regulated or designated noxious  weeds in order to be released for sale. Failure to comply with this  subsection shall subject the dealer to the penalties provided in W.S. 11-9-108 or 11-9-109 .
  4. No person shall act as a nursery stock  salesman without first securing a license from the state department  of agriculture. The fee for a license shall be the fee authorized  by W.S. 11-1-104 .
  5. No nonresident shall sell, take orders  to sell, offer for sale or distribute nursery stock which has been  grown outside this state without first securing a license from the  department of agriculture. The license fee for each establishment  shipping nursery stock into Wyoming shall be the fee authorized by W.S. 11-1-104 . No license shall be granted to a nonresident unless  the applicant agrees to furnish with each shipment of nursery stock  an affidavit stating that the nursery stock to be sold, offered for  sale or transported into Wyoming has been inspected by the proper  state, district or county officials of the state of origin and found  free from injurious insects, plant diseases and prohibited, restricted,  regulated or designated noxious weeds.
  6. Licenses granted to nursery stock dealers  or salesmen expire on March 31 of each year. All license fees collected  shall be deposited in the general fund.
  7. Charitable and educational institutions  shall be exempt from licensing requirements imposed by this section.

History. Laws 1961, ch. 56, § 2; W.S. 1957, § 11-125.2; Laws 1978, ch. 32, § 1; 1993, ch. 135, § 2; ch. 191, § 3; 2007, ch. 106, §§ 2, 4.

The 2007 amendment, effective July 1, 2007, deleted “or transporting” preceding “nursery” in (a); in (b), inserted “substantially free or,” substituted “other pests and free of prohibited, restricted, regulated or designated noxious weeds” for “primary noxious or designated weeds”; inserted (c) and redesignated the remaining subsections accordingly; in present (d), inserted “fee for a,” and deleted “granted if the applicant shows evidence of knowledge of the nursery stock industry and pays” following “licence shall be”; substituted “prohibited, restricted, regulated or designated noxious weeds” for “noxious or designated weeds” in present (e); in present (f), deleted “within or outside of Wyoming” preceding “expire on March 31” and substituted “of each year” for “next following date of issue”; added (g); and made a stylistic change.

§ 11-9-103. Right of entry of authorized persons for inspection.

The director, or his authorized agents, during reasonable business hours, may enter upon or into any premises, lands, establishments or places in this state where they suspect that injurious insects, other pests, plant diseases or prohibited, restricted, regulated or designated noxious weeds occur for the purpose of inspecting, controlling or exterminating insects or diseases or otherwise carrying out the provisions of W.S. 11-9-101 through 11-9-109 .

History. Laws 1961, ch. 56, § 3; W.S. 1957, § 11-125.3; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2007, ch. 106, § 2.

The 2007 amendment, effective July 1, 2007, inserted “other pests,” inserted “prohibited, restricted, regulated or designated,” deleted “or designated” preceding “weeds”, and substituted “11-9-109” for “11-9-108.”

§ 11-9-104. Shipping inspection certificate; health certificate; public carriers not to accept stock without affidavit.

  1. Any person receiving directly or indirectly  any nursery stock which is not accompanied by a valid shipping inspection  certificate shall notify the department of the arrival of such stock,  the kinds and amounts of the stock, and the name of the consignor,  and shall hold the stock until inspected and released by the department.
  2. Public carriers shall not accept for shipment  nursery stock that does not bear a proper affidavit showing apparent  freedom from injurious insect, plant diseases, other pests and prohibited,  restricted, regulated or designated noxious weeds.
  3. Any person shipping, selling or distributing  nursery stock from out of state shall furnish with each shipment of  nursery stock a plant inspection or health certificate stating that  the nursery stock to be sold, offered for sale or distributed into  Wyoming has been inspected and issued a plant inspection or health  certificate by the state of origin.
  4. Resident nursery stock dealers shall request  an inspection of any nursery stock to be shipped out of Wyoming. An  annual inspection shall be sufficient for the purposes of this subsection.  The department shall issue a plant inspection or health certificate  after inspection by the department of the premises and nursery stock.

History. Laws 1961, ch. 56, § 4; W.S. 1957, § 11-125.4; Laws 1978, ch. 32, § 1; 2007, ch. 106, § 2.

The 2007 amendment, effective July 1, 2007, in (b), inserted “injurious,” deleted “pests,” preceding “plant disease,” inserted “other pests,” inserted “prohibited, restricted, regulated or designated” and deleted “or designated” preceding “weeds”; added (c) and (d); and made related changes.

§ 11-9-105. Nursery stock for sale; condition generally.

  1. All nursery stock sold or offered for  sale shall be in a sound, healthy condition and shall be stored and  displayed under conditions which will maintain its vigor. Nursery  stock which is dead or so seriously weakened that it will not grow  with normal vigor when given reasonable care shall not be sold or  offered for sale.
  2. All nursery stock to be sold, offered  for sale or distributed shall be substantially free or apparently  free of any injurious insects, plant diseases, other pests or prohibited,  restricted, regulated or designated weeds.

History. Laws 1961, ch. 56, § 5; W.S. 1957, § 11-125.5; Laws 1978, ch. 32, § 1; 2007, ch. 106, § 2; 2008, ch. 3, § 1.

The 2007 amendment, effective July 1, 2007, redesignated the former provisions as (b) and added (a).

The 2008 amendment, effective July 1, 2008, in (b), inserted “to be sold, offered for sale or distributed,” deleted “and shall not be sold, offered for sale or distributed” at the end; and made a stylistic change.

§ 11-9-106. Sale of nursery stock; labels required; identification of stock.

  1. All nursery stock offered for sale, sold,  distributed or transported in Wyoming shall be labeled plainly and  legibly, either by common or botanical names. When grade-size classifications  are declared, they must be in compliance with those established by  the department.
  2. Nursery stock on display for sale may  be labeled by a suitable sign on a block of stock of the same kind  and species. In order to properly identify nursery stock being delivered  or transported to any purchaser, at least one (1) label bearing the  botanical or common name, or both, shall be attached to each separate  species or variety, except when delivered to the purchaser on the  premises and sold from a block of stock labeled with a suitable sign.

History. Laws 1961, ch. 56, § 6; W.S. 1957, § 11-125.6; Laws 1978, ch. 32, § 1.

§ 11-9-107. Rules and regulations by director of agriculture; objections.

The director may issue and enforce rules, regulations and definitions to implement the provisions of W.S. 11-9-101 through 11-9-109 , subject to the Wyoming Administrative Procedure Act.

History. Laws 1961, ch. 56, § 7; W.S. 1957, § 11-125.7; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2007, ch. 106, § 2.

Cross references. —

Wyoming Administrative Procedure Act, see § 16-3-101(a), (b)(xi).

The 2007 amendment, effective July 1, 2007, substituted “11-9-109, subject to the Wyoming Administrative Procedure Act” for “11-9-108” and deleted the former last sentence, pertaining to filing objections before final adoption of rules.

§ 11-9-108. Cease and desist orders; quarantine; confiscation; destruction or removal of nursery stock; hearing; final orders; enforcement.

  1. The department is authorized to issue  cease and desist orders to any nursery stock dealer, quarantine any  place of nursery stock business or order confiscation, destruction  or removal from the state, of any nursery stock the department determines  poses a serious risk of introducing or spreading injurious insects,  plant diseases, other pests or prohibited, restricted, regulated or  designated noxious weeds within the state.
  2. All notices and orders required to be  served by the department under this article shall be served by certified  mail, return receipt requested, to the last known address of the nursery  stock dealer or may be served as provided by the Wyoming rules of  civil procedure. The notice of an order issued by the department under  this article shall include:
    1. A statement of the grounds for issuing  the order, including a citation of the statute or rule involved;
    2. A statement of the supporting facts;
    3. A statement informing the nursery stock  dealer subject to the order of the right to a hearing on the order  before the director, right of appeal of any subsequent order in accordance  with the Wyoming Administrative Procedure Act and that failure to  timely request a hearing shall result in the order becoming final;  and
    4. A copy of the order.
  3. A request for a hearing on a proposed  order issued by the department under this article shall be in writing  and shall be submitted to the director no later than seven (7) days  after receipt of the notice from the department. The director shall  hold the hearing not later than fifteen (15) days after receipt of  the request for hearing, unless the nursery stock dealer subject to  the proposed order requests an extension of time for good cause shown.
  4. A hearing on a proposed order issued under  this article shall be a contested case hearing conducted in accordance  with the Wyoming Administrative Procedure Act. After the hearing,  the director shall issue findings of fact and conclusions of law and  a final decision either confirming or dismissing the proposed order.  The director shall confirm a proposed order only if the director finds  by a preponderance of the evidence that grounds exist under this article  for issuing the proposed order. Otherwise, the director shall dismiss  the proposed order. If the director confirms a proposed order it shall  become a final order.
  5. The department shall serve a final order  upon the nursery stock dealer who is the subject of the order. The  final order shall take effect upon service and shall remain in effect  until the department or a court of competent jurisdiction terminates  the final order. The nursery stock dealer who is the subject of the  final order may appeal the issuance of the final order in accordance  with Wyoming Administrative Procedure Act.
  6. On or after the effective date of a final  order under this article, the attorney general, upon request from  the department, may apply to the district court of the county in which  the nursery is located or the county where the violations of this  article occurred, for enforcement of the final order.

History. Laws 2007, ch. 106, § 1.

Editor's notes. —

Laws 2007, ch. 106, § 3, effective July 1, 2007, renumbered former § 11-9-108 as § 11-9-109 .

Effective dates. —

Laws 2007, ch. 106, § 5, makes the act effective July 1, 2007.

§ 11-9-109. Penalty for violation of provisions.

  1. Any person who violates any provision  of W.S. 11-9-101 through 11-9-109 or any rule or regulation issued pursuant thereto is  guilty of a misdemeanor and shall be fined not more than seven hundred  fifty dollars ($750.00) for each offense, and may have any license  issued to them under such statutes suspended or revoked. Each day  shall constitute a separate violation.
  2. Any person found guilty of violating any  provision of W.S. 11-9-101 through 11-9-109 , shall reimburse the state for the cost of any treatments,  control actions, quarantine, confiscation, destruction or removal  of any nursery stock from the state resulting from the violation.  Amounts collected under this subsection shall be paid to the department  of agriculture technical services division account.

History. Laws 1961, ch. 56, § 8; W.S. 1957, § 11-125.8; Laws 1978, ch. 32, § 1; 2007, ch. 106, § 3.

The 2007 amendment, effective July 1, 2007, in (a), substituted “11-9-109” for “11-9-108,” substituted “more” for “less,” substituted “seven hundred fifty dollars ($750.00)” for “twenty-five dollars ($25.00) or more than one hundred dollars ($100.00),” and added the last sentence; added (b); and made related changes.

Editor's notes. —

Laws 2007, ch. 106, § 3, effective July 1, 2007, amended and renumbered former § 11-9-108 as § 11-9-109 , effective July 1, 2007.

Chapter 10 State Fair

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for injury inflicted by domestic animal at show, 80 ALR2d 886.

Exemption from taxation of property of argicultural fair society or association, 89 ALR2d 1104.

Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 ALR5th 513.

3 C.J.S. Agriculture §§ 133 to 136.

§ 11-10-101. Annual state fair; where held; purpose.

The state fair board, with the assistance of the department of agriculture, shall hold an annual state fair at Douglas, Wyoming dedicated to honoring Wyoming’s agricultural heritage and culture by cultivating Wyoming’s agricultural future through competitions, educational displays and experiential exhibits for youth producers and the general public.

History. Laws 1905, ch. 48, § 6; C.S. 1910, § 716; Laws 1919, ch. 103, § 4; C.S. 1920, § 824; R.S. 1931, § 105-101; C.S. 1945, § 34-302; W.S. 1957, § 11-126; Laws 1974, ch. 16, § 2; 1978, ch. 32, § 1; 1989, ch. 9, § 1; 2011, ch. 72, § 1; 2018, ch. 111, § 1.

Cross references. —

As to student participation as an exhibitor in the annual state fair being defined as an excused absence, see § 21-3-111(a)(xvi).

The 2011 amendment, effective July 1, 2011, deleted “if requested” following “furnishes to the department.”

The 2018 amendment, effective September 1, 2018, rewrote the section, which read: “The department of agriculture shall hold an annual state fair at Douglas, Wyoming, where all important products of the state shall be recognized according to merit by premiums or rewards for excellence offered out of an appropriation provided by the legislature. No person shall collect any award until he furnishes to the department a complete history in writing of how the exhibit was produced and all other information concerning the entry that would be of interest or benefit to the general public.”

§ 11-10-102. Duties and responsibilities with respect to the annual state fair and fairgrounds.

  1. The general charge and supervision of the state fair is under the state fair board with the assistance of the department of agriculture.
  2. The department shall prepare budget requests on behalf of and subject to the approval of the state fair board for the conduct and management of the annual state fair and for the operation and maintenance of the state fairgrounds, including building and facility needs for major maintenance and repair. The director is responsible for the proper disbursement of all funds appropriated for the annual state fair and fairgrounds.
  3. The state fair board shall:
    1. Select from among its voting members a chairman and a vice-chairman;
    2. Hold at least four (4) regular meetings per year at such times and places as the chairman shall specify. Special meetings may be called by the chairman or upon request of a majority of the voting members. A majority of the voting members of the state fair board shall constitute a quorum for the transaction of business;
    3. Be administratively supported by the department;
    4. Provide for the year round operation and maintenance of the state fairgrounds in a manner that:
      1. Maximizes revenues but does not disrupt the annual state fair;
      2. Ensures the facilities are maintained in good working order.
    5. Monitor any state fairgrounds facility needs assessment conducted by the state construction department and, subject to available funding, implement recommendations received under subsection (d) of this section to prioritize and remediate the identified needs;
    6. To the extent the employment of a state fair manager would aid in accomplishing the duties required by this chapter, appoint a state fair manager to conduct and supervise the annual state fair and to manage the year round operation and maintenance of the state fairgrounds. Any appointment shall be made with the approval of the governor and shall be subject to removal authority provided by W.S. 9-1-202 . The state fair board may hire and provide for the supervision of other employees necessary to accomplish the duties required by this chapter and may contract for services to advertise and promote the annual state fair and the fairgrounds;
    7. To the extent establishing a subcommittee would aid in executing the annual state fair, appoint a subcommittee of state fair board members to plan, conduct or supervise the annual state fair. The director shall serve as chairman of any subcommittee appointed under this paragraph.
  4. The state construction department shall, in addition to the comprehensive needs assessment conducted pursuant to W.S. 9-5-107 , and upon request of the state fair board:
    1. Assess the state fairground buildings and facility needs; and
    2. Submit recommendations to the state fair board to prioritize and remediate the identified needs.
  5. The Wyoming tourism board shall promote the annual state fair throughout the state of Wyoming and adjoining states.

History. Laws 1919, ch. 103, § 3; C.S. 1920, § 825; R.S. 1931, § 105-102; Laws 1941, ch. 18, § 1; C.S. 1945, § 34-301; W.S. 1957, § 11-128; Laws 1974, ch. 16, § 2; 1978, ch. 32, § 1; 1989, ch. 9, § 1; 1993, ch. 191, § 3; 2011, ch. 72, § 1; 2018, ch. 111, § 1.

The 2011 amendment, effective July 1, 2011, added “and fairgrounds” at the end of the second sentence, and inserted “operation and” in the last sentence.

The 2018 amendment, effective September 1, 2018, redesignated the existing language as (a) and (b); in present (a), substituted “state fair board with the assistance of” for “director of” preceding “the department” and deleted the former second sentence, which read: “The director may employ a competent manager and other employees necessary for the proper conduct and management of the fair and fairgrounds”; in present (b), added the first sentence and, at the end of the second sentence, substituted “the annual state fair and fairgrounds” for “the operation and maintenance of the fair”; and added (c) through (e).

§ 11-10-103. Reversion of fairgrounds to donor.

If the state fails for three (3) consecutive years to hold a state fair, the lands used for the purpose of a state fair shall revert to the person donating them, the state having the right to remove all buildings, fences and improvements of whatever nature within twenty-four (24) months after the date on which the fair should have been held. All buildings, fences and improvements remaining on the land after the expiration of the twenty-four (24) months shall become the property of the owner of the land.

History. Laws 1905, ch. 48, § 7; C.S. 1910, § 717; C.S. 1920, § 826; R.S. 1931, § 105-103; C.S. 1945, § 34-303; W.S. 1957, § 11-129; W.S. 1977, § 11-10-104 ; Laws 1978, ch. 32, § 1; 2011, ch. 72, § 1.

The 2011 amendment, effective July 1, 2011, substituted “twenty-four (24)” for “three (3)” twice.

§ 11-10-104. Catalogues.

At least three (3) months before any annual fair, the state fair board shall have a catalogue prepared and copies available for distribution to any person requesting it.

History. Laws 1905, ch. 48, § 8; C.S. 1910, § 718; Laws 1919, ch. 103, § 5; C.S. 1920, § 827; R.S. 1931, § 105-104; C.S. 1945, § 34-304; W.S. 1957, § 11-130; W.S. 1977, § 11-10-105 ; Laws 1978, ch. 32, § 1; 1989, ch. 9, § 1; 1993, ch. 191, § 3; 2011, ch. 72, § 1; 2018, ch. 111, § 1; ch. 111, § 1.

The 2011 amendment, effective July 1, 2011, substituted “available” for “sent to the county clerks of the state.”

The 2018 amendment, effective September 1, 2018, substituted “state fair board” for “director of the department of agriculture.”

§ 11-10-105. Entry fees.

A fee may be charged for any in-state or out-of-state exhibit to be entered in the state fair at an amount set by the state fair board.

History. Laws 1905, ch. 48, § 9; C.S. 1910, § 719; Laws 1919, ch. 103, § 6; C.S. 1920, § 828; R.S. 1931, § 105-105; C.S. 1945, § 34-305; W.S. 1957, § 11-131; W.S. 1977, § 11-10-106 ; Laws 1978, ch. 32, § 1; 1983, ch. 2, § 1; 1989, ch. 9, § 1; 1993, ch. 191, § 3; 2001, ch. 131, § 1; 2018, ch. 111, § 1; ch. 111, § 1.

The 2018 amendment, effective September 1, 2018, substituted “the state fair board” for “the director of the department of agriculture and the board” following “set by.”

Cross references. —

As to supervision generally of state fair by state board of agriculture, see § 11-10-102 .

§ 11-10-106. Admission charges; other revenues.

  1. There shall be charged at the gates of the fairground an admission fee to be set by the state fair board. An extra charge may be made for seats in the grandstand or other structure providing added comforts. The charge for vehicles driven or stock ridden into the grounds may be fixed by the state fair board. All fees collected shall be deposited in the Wyoming state fair account, except fees directed by law to the state fair endowment account.
  2. The department of agriculture may receive any money or property of any kind or character donated, granted or bequeathed for any activities of the state fair. Monies shall be credited to the Wyoming state fair account except as otherwise provided by W.S. 11-10-107 and 11-10-108 . The department, on behalf of the state fair board, shall include within its biennial budget request submitted under W.S. 9-2-1013 a report itemizing all gifts, income and expenditures under this subsection, W.S. 11-10-107 and 11-10-108 for each of the immediately preceding two (2) fiscal years.

History: Laws 1905, ch. 48, § 10; C.S. 1910, § 720; Laws 1919, ch. 103, § 7; C.S. 1920, § 829; R.S. 1931, § 105-106; C.S. 1945, § 34-306; W.S. 1957, § 11-132; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-10-107 ; Laws 1978, ch. 32, § 1; 1983, ch. 2, § 1; 1993, ch. 208, § 1; 2005, ch. 231, § 1; 2014, ch. 7, § 2; 2018, ch. 111, § 1; ch. 122, § 2; ch. 111, § 1.

The 2005 amendment, effective July 1, 2005, deleted “within the trust and agency fund” at the end of (a) and at the end of the second sentence in (b).

The 2014 amendment, rewrote the third sentence.

The 2018 amendments. — The first 2018 amendment, by ch. 111, § 1, effective September 1, 2018, in (a), twice inserted “state fair” preceding “board,” and, in (b), in the third sentence, inserted “on behalf of the state fair board” following “The department.”

The second 2018 amendment, by ch. 122, § 2, added “except fees directed by law to the state fair endowment account” at the end of (a); and, in (b), in the second sentence, inserted “Wyoming” preceding “state fair” and added “except as otherwise provided by W.S. 11-10-107 and 11-10-118 ,” and in the second sentence, added “W.S. 11-10-107 and 11-10-118 .”

Laws 2018, ch. 122, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.

§ 11-10-107. Power of state fair board to acquire land; authority to make rules and regulations; renting and use of fairgrounds.

  1. Consistent with W.S. 9-5-106(a) and (c), the state fair board may acquire by donation or lease in the name of the state any lands necessary for conducting the annual state fair, and may make all rules and regulations necessary for the conduct and government of the exhibitions, the sale of privileges, and the proper control, operation and conduct of the annual state fair and the state fairgrounds not inconsistent with the constitution and laws of this state. The state fair board may rent out or donate the use of the state fairgrounds for stabling and training stock and holding stock sales. The grounds may be used free of charge for encampment grounds for the state militia under the direction of the adjutant general of the state. The board shall permit the grounds and facilities to be used for other purposes and shall charge fees as it deems necessary to maximize revenues and pay the expenses of maintaining the grounds and facilities.
  2. The state fair board may rent out or donate the use of the state fairgrounds for stabling and training stock and holding stock sales. The grounds may be used free of charge for encampment grounds for the state militia under the direction of the adjutant general of the state. The board shall permit the grounds and facilities to be used for other purposes and shall charge fees as it deems necessary to maximize revenues and pay the expenses of maintaining the grounds and facilities. One percent (1%) of any revenue generated under this subsection shall be distributed to the state fair endowment account and the remainder of any revenue generated under this subsection shall be distributed to the Wyoming state fair account.

History. Laws 1905, ch. 48, § 12; C.S. 1910, § 722; Laws 1919, ch. 103, § 8; C.S. 1920, § 830; R.S. 1931, § 105-107; C.S. 1945, § 34-307; W.S. 1957, § 11-133; W.S. 1977, § 11-10-108 ; Laws 1978, ch. 32, § 1; 1983, ch. 2, § 1; 1989, ch. 244, § 2; 2011, ch. 72, § 1; 2018, ch. 111, § 1; ch. 122, § 2.

Cross references. —

As to supervision generally of state fair by state board of agriculture, see § 11-10-102 .

The 2011 amendment, effective July 1, 2011, deleted “in its discretion” following “The board” in the fourth sentence.

The 2018 amendments. — The first 2018 amendment, by ch. 111, § 1, effective September 1, 2018, in the first sentence, substituted “Consistent with W.S. 9-5-106(a) and (c), the state fair” for “The,” twice inserted “annual” preceding “state fair,” and inserted “and the state fairgrounds” preceding “not inconsistent,” in the second sentence, inserted “state fair” preceding “board,” in the fourth sentence, twice substituted “shall” for “may” and inserted “maximize venues and” preceding “pay,” and deleted the former fourth sentence, which read: “The board shall not permit any gambling device of any nature to be operated on the grounds, or permit any unlawful betting, or permit any intoxicating liquors to be sold thereon except as provided by W.S. 12-4-505 .”

The second 2018 amendment, by ch. 122, § 2, redesignated the existing language as (a) and (b); and, in (b), substituted the present last sentence for “The board shall not permit any gambling device of any nature to be operated on the grounds, or permit any unlawful betting, or permit any intoxicating liquors to be sold thereon except as provided by W.S. 12-4-505 .”

Laws 2018, ch. 122, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 11-10-108. Rodeos; generally.

The state fair board may provide a rodeo as part of the state fair program, provided there is no restriction on any Wyoming resident who desires to participate in the rodeo other than the prescribed entry fee, unless the restriction is required by a sanctioning body as part of the terms and conditions to sanction the rodeo. Any contract entered into with any person to provide entertainment under this section is void if it in any manner excludes a Wyoming resident from participation in the entertainment because of membership or nonmembership in any organization or group.

History. Laws 1957, ch. 259, § 1; W.S. 1957, § 11-141; Laws 1959, ch. 5, §§ 1, 2; W.S. 1977, § 11-10-115 ; Laws 1978, ch. 32, § 1; 1989, ch. 9, § 1; 1993, ch. 191, § 3; 2006, ch. 4, § 1; 2018, ch. 111, § 1; ch. 111, § 1.

The 2006 amendment, effective July 1, 2006, inserted “unless the restriction is required by a sanctioning body as part of the terms and conditions to sanction the rodeo.”

The 2018 amendment, effective September 1, 2018, in the first sentence substituted “state fair” for “director of the department of agriculture and the” preceding “board”.

§ 11-10-109. Rodeos; liability for injuries.

The state of Wyoming is not responsible or liable in any manner for any injury sustained by anyone participating in the rodeo at the Wyoming state fair.

History. Laws 1957, ch. 259, § 2; W.S. 1957, § 11-142; Laws 1959, ch. 5, §§ 1, 3; W.S. 1977, § 11-10-116 ; Laws 1978, ch. 32, § 1.

§ 11-10-110. [Repealed.]

Repealed by Laws 2011, ch. 72, § 2.

Cross references. —

As to county fair generally, see §§ 18-9-101 to 18-9-103 .

Editor's notes. —

This section, which derived from Laws 1955, ch. 200, § 1, related to allocation of funds to county agricultural fair associations for prizes.

Laws 2011, ch. 72, § 3, makes the act effective July 1, 2011.

§ 11-10-111. Reports.

The director of the department of agriculture shall make reports as required by W.S. 9-2-1014 in regard to the state fair.

History. Laws 1905, ch. 48, § 13; C.S. 1910, § 723; Laws 1919, ch. 103, § 9; C.S. 1920, § 831; R.S. 1931, § 105-108; C.S. 1945, § 34-308; W.S. 1957, § 11-144; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-11-117 ; Laws 1978, ch. 32, § 1; 1989, ch. 9, § 1; 1993, ch. 191, § 3; 2006, ch. 114, § 1.

The 2006 amendment substituted “9-2-1014” for “9-2-103.”

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3 provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 11-10-112. Wyoming Pioneer Memorial Museum.

A building to be known as the “Wyoming Pioneer Memorial Museum” is authorized to house pioneer relics on the state fairgrounds, and for such other purposes as deemed necessary by the board.

History. Laws 1955, ch. 213, § 2; W.S. 1957, § 11-145; W.S. 1977, § 11-11-101 ; Laws 1978, ch. 32, § 1.

§ 11-10-113. Wyoming Pioneer Memorial Museum; supervision thereof.

The supervision, maintenance and operation of the museum is under the director of the department of state parks and cultural resources. The director may assign or employ necessary personnel to maintain the exhibits and receive visitors, and may enter into agreements for the loan of exhibits, providing the state of Wyoming is not liable therefor.

History. Laws 1955, ch. 213, § 4; W.S. 1957, § 11-147; W.S. 1977, § 11-11-102 ; Laws 1978, ch. 32, § 1; 1989, ch. 9, § 1; 1990, ch. 44, § 2; 1993, ch. 191, § 3; 1999, ch. 69, § 2.

§ 11-10-114. Wyoming Pioneer Memorial Museum; admission fee.

A nominal admission fee may be charged to reimburse the general fund for maintenance costs.

History. Laws 1955, ch. 213, § 5; W.S. 1957, § 11-148; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-11-103 ; Laws 1978, ch. 32, § 1.

§ 11-10-115. State fair board; membership; terms; compensation.

  1. There is created the state fair board consisting of the following members:
    1. One (1) voting member appointed by the governor from each of the four (4) quadrants specified in W.S. 11-2-102(e)(i) through (iv). Each of these members shall be engaged primarily in agricultural work and shall be selected to represent a cross section of the agriculture industry. Appointments shall rotate consecutively among all the counties of the quadrants;
    2. One (1) voting member jointly appointed by a majority vote of both the Converse county board of commissioners and the governing body of the city of Douglas;
    3. One (1) voting member appointed by the dean of the University of Wyoming college of agriculture from the Wyoming cooperative extension service;
    4. One (1) voting member selected by the Wyoming vocational agricultural teachers association from its membership;
    5. One (1) voting member appointed by the governor from the department of state parks and cultural resources;
    6. One (1) voting member appointed by the governor from the Wyoming business council;
    7. One (1) voting member appointed by the governor from the Wyoming tourism board or a representative of the Wyoming tourism board;
    8. One (1) voting member appointed by the governor from the energy industry;
    9. One (1) at-large voting member who is engaged primarily in agricultural work, appointed by the governor;
    10. The director shall serve as a voting member;
    11. The governor or his designee and the dean of the University of Wyoming college of agriculture, or the dean’s designee, shall serve as nonvoting ex officio members.
  2. The members of the state fair board appointed under paragraph (a)(i) of this section shall serve for a term of six (6) years. The members of the state fair board appointed under paragraphs (a)(ii) through (ix) of this section shall serve for a term of four (4) years. Any state fair board member appointed by the governor is subject to removal as provided in W.S. 9-1-202 .
  3. Except as provided in this section, the state fair board members shall be paid a salary of one hundred dollars ($100.00) per day for attending and traveling to and from official state fair board meetings and shall receive mileage and per diem in the same manner as state employees as provided by W.S. 9-3-102 . Members who are government employees or public officials appointed to the state fair board to represent an agency, department, board or institution of the state, including the University of Wyoming, shall receive no salary but shall be considered on official business when performing duties as members of the state fair board and shall receive mileage and per diem in the manner provided by the agency, department, board or institution the member represents.

History. Laws 1993, ch. 191, § 2; 1998, ch. 40, § 1; 2007, ch. 204, § 1; 2011, ch. 72, § 1; 2018, ch. 111, § 1.

Editor’s notes.— Laws 2018, ch. 111, § 2, provides: “The governor and other entities responsible for appointing members to the state fair board shall solicit applications and consider applicants for appointments to the state fair board. Appointments of members to the state fair board shall be made before September 1, 2018. Members appointed to the state fair board pursuant to this act shall begin their terms on September 1, 2018.”

The 2007 amendment, effective July 1, 2007, in (a) deleted “appointed” preceding “members of the board of agriculture” and inserted “appointed pursuant to W.S. 11-2-102(b).”

The 2011 amendment, effective July 1, 2011, inserted all references to state fair advisory board throughout the section.

The 2018 amendment, effective September 1, 2018, redesignated the existing language of (a) as the present introductory language of (a) and (a)(i) through (a)(iv); in the present introductory language of (a), substituted “state fair board consisting of the following members” for “state fair advisory board which shall serve as advisor to the board of agriculture on the operation of the state fair and the operation and maintenance of the state fairgrounds. The state fair advisory board shall consist of ten (10)”; in present (a)(i), in the first sentence, substituted “One (1) voting member appointed by the governor from each of the four (4) quadrants specified in W.S. 11-2-102(e)(i) through (iv)” for “One (1) member appointed by each of the seven (7) members of the board of agriculture appointed pursuant to W.S. 11-2-102(b),” and added the last two sentences; in present (a)(ii), rewrote the former existing language, which read: “One (1) member appointed by the Converse county board of commissioners,” in present (a)(iii) and (a)(iv), substituted “One (1) voting” for “One (1)” preceding “member”; in present (a)(iv), deleted the former second sentence, which read: “The state fair advisory board members shall receive no salary in the performance of their duties but shall receive mileage and per diem the same as state employees as provided by W.S. 9-3-102 ”; added (a)(v) through (a)(xi).; rewrote (b), which read: “The state fair advisory board member appointed by the Converse county board of commissioners, the state fair advisory board member appointed by the dean of the University of Wyoming college of agriculture and the state fair advisory board member selected by the Wyoming vocational agriculture teachers association shall serve a four (4) year term. All other state fair advisory board members shall serve at the pleasure of the person who appointed the state fair advisory board member and in no event shall the term of any state fair advisory member exceed the corresponding term of the appointing board of agriculture member”; and added (c).

§ 11-10-116. [Repealed].

Repealed by Laws 2011, ch. 70, § 1, pursuant to W. S. 11-10-117 .

§ 11-10-117. Sunset.

W.S. 11-10-116 is repealed June 30, 2013.

History. Laws 2011, ch. 70, § 1.

Effective date. —

Laws 2011, ch. 70, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 24, 2011.

§ 11-10-118. State fair endowment account; administration; distributions; purposes. [Effective until July 1, 2021]

  1. The state fair endowment account is created. The state treasurer is authorized to accept cash gifts for the account. Funds within the account including all funds deposited to the account from any source are intended to be inviolate and constitute a permanent or perpetual trust fund. The state treasurer shall invest funds within the endowment account in accordance with law. Seventy-five percent (75%) of investment earnings shall be credited to the endowment account. Twenty-five percent (25%) of investment earnings shall be distributed in accordance with subsection (b) of this section.
  2. The state treasurer shall distribute twenty-five (25%) percent of investment earnings from the state fair endowment account to the Wyoming state fair account quarterly.

History. Laws 2018, ch. 122, § 1.

The 2021 amendments. —

The first 2021 amendment, by ch. 144, § 2, effective July 1, 2021, substituted "to the Wyoming state fair account" for "accordance with subsection (b) of this section" in the last sentence of (a).

The second 2021 amendment, by ch. 144, § 3, effective July 1, 2021, repealed (b), which read, "The state treasurer shall distribute twenty-five (25%) percent of investment earnings from the state fair endowment account to the Wyoming state fair account quarterly."

Effective date. —

Laws 2018, ch. 122, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

§ 11-10-118. State fair endowment account; administration; distributions; purposes. [Effective July 1, 2021]

  1. The state fair endowment account is created. The state treasurer is authorized to accept cash gifts for the account. Funds within the account including all funds deposited to the account from any source are intended to be inviolate and constitute a permanent or perpetual trust fund. The state treasurer shall invest funds within the endowment account in accordance with law. Seventy-five percent (75%) of investment earnings shall be credited to the endowment account. Twenty-five percent (25%) of investment earnings shall be distributed to the Wyoming state fair account.
  2. Repealed by Laws 2021, ch. 144, § 3.

History. Laws 2018, ch. 122, § 1; 2021, ch. 144, §§ 2, 3.

Chapter 11 Buying, Selling and Storing of Grain

Appropriations. —

Laws 2005, ch. 232, which heavily amended this chapter, provides in § 3 for a one-time appropriation of $123,773, or as much thereof as is necessary, from the budget reserve account to the department of agriculture to implement the act. Section 3 also authorizes to the department of agriculture one additional at-will employee contract position to perform the audits of grain warehouses.

Am. Jur. 2d, ALR and C.J.S. references. —

78 Am. Jur. 2d Warehouses §§ 2 to 7, 12 to 16.

Liability of warehousemen for deterioration of goods due to improper temperature, 92 ALR2d 1298.

3 C.J.S. Agriculture §§ 3, 159, 161; 94 C.J.S. Weights and Measures §§ 4, 8 to 15.

§ 11-11-101. Definitions.

  1. As used in this chapter:
    1. “Director” means the director of the Wyoming  department of agriculture;
    2. “Warehouseman” means any person except  the grower who handles grain for commercial storage or solicits grain  for the purpose of intrastate, interstate or foreign commerce;
    3. “Grain” means any variety of beans, wheat,  corn, oats, barley, rye, grain sorghum, millet, oil seeds, sunflower,  soybean, flax, or seeds of legumes and grasses;
    4. To “store” or “warehouse” means any method  by which grain owned by another is held for the owner by one not the  owner except for the transportation thereof;
    5. “Stored grain” means grain held or placed  in storage in an elevator, grain cleaning plant, grain warehouse or  public warehouse of whatever kind by any person not the actual bona  fide owner of the grain;
    6. “Scale ticket” means a load slip or other  evidence of delivery, other than a warehouse receipt, given to the  party making delivery by a warehouse licensed under the provisions  of this act [Buying, Selling and Storing of Grain];
    7. “Warehouse” means an elevator, mill, storage  bin or building, subterminal grain storage facility, public storage  facility or other structure or facility in which grain is received  for commercial storage or for the purpose of intrastate, interstate  or foreign commerce;
    8. “Audit” means an examination of records  or financial accounts to determine their accuracy;
    9. “Depositor” means any person who is in  possession of a commodity and entrusts or delivers the commodity to  a warehouse for storage;
    10. “Inspection” means the physical review  or examination of the grain warehouse or storage facility and may  include an official audit;
    11. “Loss” means the destruction of the commodity  due to fire, theft or weather;
    12. “Receipt” means a warehouse receipt issued  under this act, including an electronic receipt;
    13. “Transportation” means the movement of  grain from one (1) point to another;
    14. “Verified” means signed and sworn to be  accurate before a person authorized to administer oaths.

History. Laws 1939, ch. 15, § 1; C.S. 1945, § 34-601; Laws 1957, ch. 55, § 1; W.S. 1957, § 11-149; W.S. 1977, § 11-12-101 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment rewrote (a)(ii) and (a)(vii), and added (a)(viii) through (a)(xiv).

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-11-102. Applicability.

W.S. 11-11-101 through 11-11-117 do not apply to any person licensed under the laws or regulations of the United States relating to storing and handling grain.

History. Laws 1957, ch. 55, § 15; W.S. 1957, § 11-151; W.S. 1977, § 11-12-103 ; Laws 1978, ch. 32, § 1.

§ 11-11-103. Warehousemen to procure licenses; fee; annual renewal.

Before engaging in business in Wyoming, a warehouseman or any person operating a warehouse shall procure a license from the department of agriculture. The fee under this section for the initial license and for each annual renewal thereof shall be one hundred twenty-five dollars ($125.00). All licenses shall be issued for the fiscal year, or fraction thereof, ending June 30. No license shall be renewed unless the department finds from the audit required under W.S. 11-11-109 of the warehouse or warehouseman’s records that the operations are conducted properly.

History. Laws 1939, ch. 15, § 3; C.S. 1945, § 34-603; Laws 1957, ch. 55, § 3; W.S. 1957, § 11-153; Laws 1975, ch. 86, § 1; W.S. 1977, § 11-12-105 ; Laws 1978, ch. 32, § 1; 1993, ch. 135, § 2; ch. 191, § 3; 1994, ch. 46, § 1; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment rewrote the section, deleting provisions pertaining to the board of agriculture and the director and any duties held by them, including that of the director's annual inspection by which the board could determine an annual fee.

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-104. Application for license; form; contents; refusal to issue license; appeal; care of agricultural products.

  1. The department shall prescribe forms for  application for a warehouseman’s or warehouse license. The application  shall contain information necessary to inform the department of the  qualifications, facilities, experience and financial ability of the  applicant to carry on the business of buying, selling, warehousing  and storing grain. The department shall require the submission of  any tax return, bank statement, financial statement or audit prepared  by a public accountant or a certified public accountant and any additional  information as required by rules and regulations in order to establish  the financial responsibility of the applicant. If a license is refused  by the department, appeal may be made to the director. All hearings  for appeal shall be conducted in accordance with the Wyoming Administrative  Procedure Act.
  2. Each warehouseman shall at all times,  including during any period of suspension of his license, exercise  such care in regard to stored and nonstorage agricultural commodities  in his custody as required under the licensing agreement.

History. Laws 1939, ch. 15, § 4; C.S. 1945, § 34-604; Laws 1957, ch. 55, § 4; W.S. 1957, § 11-154; W.S. 1977, § 11-12-106 ; Laws 1978, ch. 32, § 1; 1983, ch. 91, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment rewrote the section, adding (b), designating the former undesignated paragraph as (a), and in (a) substituting “department” for “director” throughout, substituting “director” for “state board of agriculture,” adding requirements for submission of tax returns, bank statements, and any additional information required by rules and regulations to determine financial responsibility, and adding the last sentence.

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 11-11-105. Surety bond required; amount; approval by department; conditions; exception.

  1. Each applicant for a warehouseman’s or  warehouse license shall post a cash bond, acceptable irrevocable letter  of credit or execute and file with the department a good and sufficient  surety bond in an amount determined by the department based on the  maximum number of hundred weight the warehouseman can store in the  warehouses for which the bond is required, but not less than twenty  thousand dollars ($20,000.00). A surety bond shall be executed by  a responsible surety company licensed to do business in this state  and conditioned upon the faithful performance of the obligation of  the warehouseman or person operating a warehouse under the laws of  this state and of any additional obligations assumed by him under  contract with those who deposit grain with him. All bonds shall be  payable to the state for the benefit of any injured party, and shall  be in the form and contain additional conditions as the department  may prescribe. No person is required to file a bond who has already  posted similar bond with the United States department of agriculture  pursuant to the United States Warehouse Act of August 11, 1916, as  amended.
  2. Cash bonds, irrevocable letters of credit  and surety bonds shall not be released by the department until an  audit has been completed and satisfied. The department shall publish  a public notice for sixty (60) days prior to any bond being released.
  3. In the event a warehouseman does not renew  his license in accordance with W.S. 11-11-103 or suspends normal business operations, the department  shall post a public notice in a paper of local distribution for sixty  (60) days prior to the closure of the warehouse.

History. Laws 1939, ch. 15, § 5; 1943, ch. 12, § 1; C.S. 1945, § 34-605; Laws 1957, ch. 55, § 5; W.S. 1957, § 11-155; Laws 1975, ch. 86, § 1; W.S. 1977, § 11-12-107 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2003, ch. 202, § 1; 2005, ch. 232, § 2.

Cross references. —

As to surety companies generally, see chapter 3 of title 38.

The 2005 amendment rewrote the section, adding (b) and (c), and redesignating the former undesignated paragraph as (a); and in (a), inserting “acceptable irrevocable letter of credit” in the first sentence, twice substituting “department” for “director,” substituting “department” for “board of agriculture,” substituting “warehouseman” for “warehouseman or warehouse,” and deleting “approved by the director” in the second sentence.

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Federal law. —

The United States Warehouse Act of August 11, 1916 is codified as 7 U.S.C.S. § 241 et seq.

§ 11-11-106. Action on bond for breach of obligations; joinder of parties.

Any person injured by the warehouseman’s or warehouse’s breach of any obligation provided by law may sue on the bond in his own name in any court of competent jurisdiction to recover the damage sustained by the breach. Where more than one (1) person is injured, the action may be brought in the name of all injured persons by any one or all interested parties, or by the state of Wyoming in their behalf.

History. Laws 1939, ch. 15, § 8; C.S. 1945, § 34-608; W.S. 1957, § 11-156; W.S. 1977, § 11-12-108 ; Laws 1978, ch. 32, § 1; 2002 Sp. Sess., ch. 4, § 1.

§ 11-11-107. Investigation by department; complaint; service; hearing.

The department upon its own motion or upon verified complaint against any warehouseman shall investigate as the department deems necessary, and shall at all times have free and unimpeded access to all facilities or places in which grain is kept, stored, handled or transported. If the department, upon investigation, has reason to believe that any warehouseman is not acting as required by law, or upon the filing of a verified complaint against the warehouseman, the department shall have a complaint or copy of the verified complaint served upon the warehouseman by personal service, service upon a registered agent or by registered mail. If the warehouseman fails to make prompt adjustment or settlement of the charges set forth, to the satisfaction of the department, the department shall give notice of the time and place of a hearing thereon. The hearing shall be held in accordance with the Wyoming Administrative Procedure Act.

History. Laws 1939, ch. 15, § 15; C.S. 1945, § 34-615; Laws 1957, ch. 55, § 12; W.S. 1957, § 11-152; W.S. 1977, § 11-12-109 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

Cross references. —

Wyoming Administrative Procedure Act, see § 16-3-101(a), (b)(xi).

The 2005 amendment substituted “department” for “director” throughout, substituted “warehouseman” for “dealer,” twice deleted “or warehouse” after “warehouseman,” and made related changes.

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-108. Warehouse receipts generally.

All warehouse receipts issued for stored grain shall be in a form prescribed by the department and shall be obtainable only by the warehouseman from the department at cost. Each warehouse receipt issued must show the amount of any cash or the value of any merchandise the warehouseman has advanced on the grain represented by the receipt, but such notation shall not be construed as fixing the date of sale of the grain.

History. Laws 1939, ch. 15, § 6; C.S. 1945, § 34-606; Laws 1957, ch. 55, § 6; W.S. 1957, § 11-157; W.S. 1977, § 11-12-109 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

Cross references. —

As to other provisions concerning warehouse receipts, see §§ 34.1-7-201 to 34.1-7-210.

The 2005 amendment twice substituted “department” for “director” and twice deleted “or warehouse” after “warehouseman.”

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-109. Audit of records; inspection of warehouse.

  1. At least once each year and more often  if necessary or if requested by an interested person the department  shall inspect each licensed warehouse and shall audit the warehouse  records. The director after conferring with interested industry groups  shall fix, assess and collect fees for the inspection of facilities  storing farm products. The fees shall not exceed fifty percent (50%)  of the cost of the inspection and shall be paid by the person requesting  the inspection, if any.
  2. If a warehouseman is delinquent in renewing  his license in accordance with W.S. 11-11-103 , the department shall initiate an inspection and audit  of the warehouse immediately.

History. Laws 1939, ch. 15, § 9; C.S. 1945, § 34-609; W.S. 1957, § 11-158; Laws 1975, ch. 86, § 1; W.S. 1977, § 11-12-110 ; Laws 1978, ch. 32, § 1; 1983, ch. 91, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment rewrote the section, adding (b), and designating the former undesignated paragraph as (a), and in (a), substituting “department” for “director,” and deleting the former second sentence, which read: “However, no audit shall be performed if the person operating the warehouse certifies that the warehouse does not have any grain stored for others.”

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-110. Warehouseman's records; generally.

Every licensed warehouseman shall maintain complete records of all grain stored, all grain withdrawn from storage, all warehouse receipts issued and all receipts returned to and cancelled by him. The records shall be available for examination and audit by the department at any reasonable time.

History. Laws 1939, ch. 15, § 14; C.S. 1945, § 34-614; Laws 1957, ch. 55, § 11; W.S. 1957, § 11-159; Laws 1975, ch. 86, § 1; W.S. 1977, § 11-12-111 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment substituted “warehouseman” for “warehouse,” and “department” for “director.”

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-111. Warehouseman's records; contents; inspection and audit by department; issuance of warehouse receipts.

  1. Every warehouseman shall keep a complete  record of all grain handled by him including the following:
    1. Name, address and phone number of the  grower and of the owner;
    2. Date of issuance of receipt;
    3. Kind, quantity, quality and grade of grain  received;
    4. Agreed purchase price, if purchased;
    5. Agreed commission charged, if consigned;
    6. Date of sale of consigned grain, to whom  sold and price for which sold;
    7. Date and details of settlement with vendor  or consignor;
    8. Documentation stating the location of  the stored commodity. If the commodity is stored in another warehouse,  then proof of bonding by that facility shall be included in the records.
  2. The above records shall be open to the  confidential inspection of the department or its authorized agents  at all times. Upon request of the depositor, every warehouseman shall  issue a receipt for all grain received for storage on a form furnished  by the department.

History. Laws 1939, ch. 15, § 10; C.S. 1945, § 34-610; Laws 1957, ch. 55, § 7; W.S. 1957, § 11-160; W.S. 1977, § 11-12-112 ; Laws 1978, ch. 32, § 1; 1983, ch. 42, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment in (a) and (b), substituted “warehouseman” for “warehouseman and warehouse”; in (a)(i), substituted “Name, address and phone number” for “Name and address”; added (a)(viii); in (b), twice substituted “department” for “director”; and made stylistic changes.

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-112. Stored grain to be insured; insurance requirements; disaster loss to be reported.

  1. All grain stored shall be insured against  loss for full value by an insurance company licensed to do business  in this state. A copy of the insurance policy in effect shall be provided  to the department at the time of the license application and the audit.
  2. Each warehouseman shall comply fully with  the terms of insurance policies or contracts covering their warehouse  and all products stored therein, and shall not commit any acts, nor  permit others to commit any acts, that might impair or invalidate  such insurance.

History. Laws 1939, ch. 15, § 11; C.S. 1945, § 34-611; Laws 1957, ch. 55, § 8; W.S. 1957, § 11-161; W.S. 1977, § 11-12-113 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2005, ch. 232, § 2.

The 2005 amendment rewrote the section, adding (b), designating the former undesignated paragraph as (a), in (a), deleting “The director shall prescribe rules and regulations necessary for the safe conduct of the grain storage business and shall require that” in the first sentence, and adding the last sentence.

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-113. Grading of grain; notation on warehouse receipt.

All grain accepted for storage shall be graded by the warehouseman or designee according to standards of the United States department of agriculture, and the grade established shall be specified upon the warehouse receipt issued for the grain.

History. Laws 1939, ch. 15, § 12; C.S. 1945, § 34-612; Laws 1957, ch. 55, § 9; W.S. 1957, § 11-162; W.S. 1977, § 11-12-114 ; Laws 1978, ch. 32, § 1; 2005, ch. 232, § 2.

The 2005 amendment inserted “by the warehouseman or designee.”

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-114. Stored grain to constitute bailment; amount in storage to equal issued storage certificates; exceptions; conversion; seizure.

  1. The storage of grain with a warehouse  and the movement of grain by a warehouseman constitutes a bailment  and not a sale. Upon return of the scale ticket bearing the name of  the bailee or warehouse receipt properly endorsed and payment or tender  of all advances and charges, the owner of the scale ticket or warehouse  receipt is entitled to, and the warehouseman or person operating a  warehouse shall deliver the identical grade and amount of grain placed  in storage or transported. Every person operating a warehouse shall  maintain at all times in storage, in the state of Wyoming, grain equal  in amount and grade to all scale tickets and warehouse receipts issued,  unless authorized in writing by holders of scale tickets or warehouse  receipts or by the department to move to other storage, and failure  to do so is a conversion thereof.
  2. Grain stored with a warehouse is not liable  to seizure upon process of a court against the bailee except upon  action by the owners of scale tickets or warehouse receipts to enforce  the terms of the scale tickets or receipts. In the event of the failure  or insolvency of the bailee, the grain shall be first applied as soon  as ownership is established and within one hundred twenty (120) days  exclusively to the redemption and satisfaction of outstanding scale  tickets and warehouse receipts for grain stored or moved with the  bailee and grain on hand in a particular warehouse of the bailee shall  be first applied to the redemption and satisfaction of the scale tickets  or receipts issued by that warehouseman or person operating a warehouse  as the bailee.
  3. The department shall, by rule and regulation,  require posting of current tariffs.

History. Laws 1939, ch. 15, § 13; C.S. 1945, § 34-613; Laws 1957, ch. 55, § 10; W.S. 1957, § 11-163; W.S. 1977, § 11-12-115 ; Laws 1978, ch. 32, § 1; 1983, ch. 91, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment in (a), substituted “department” for “director”; and added (c).

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of warehouseman or other bailee for loss of goods stored at other than agreed-upon place, 76 ALR4th 883.

§ 11-11-115. Disposition of collected funds.

There is created the grain warehouse inspection account. All funds collected by the department shall be deposited in the account created by this section. Interest earned by the account shall be retained in the account. The account is appropriated for use and expenditure by the department for the costs of administering the programs under this article. Itemized vouchers shall be submitted to the department for approval. Upon approval, a warrant for the payment of each voucher shall be issued by the state auditor for payment from the grain warehouse inspection account.

History. Laws 1939, ch. 15, § 19; C.S. 1945, § 34-618; W.S. 1957, § 11-164; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-12-116 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1994, ch. 46, § 1; 2005, ch. 231, § 1; ch. 232, § 2.

The 2005 amendments. —

The first 2005 amendment, by ch. 231, § 1, effective July 1, 2005, deleted “within the earmarked revenue fund” at the end of the first sentence.

The second 2005 amendment, by ch. 232, § 2, substituted “department” for “director,” “board of agriculture,” and “chief executive officer of the board.”

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

See the conflicting amendment note. This section is set out incorporating the amendments by both 2005 acts.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 11-11-116. Revocation and cancellation of license.

Failure of any warehouseman or person operating a warehouse to comply with the provisions of this chapter will render the license of the warehouseman or person operating a warehouse subject to revocation and cancellation by the department.

History. Laws 1939, ch. 15, § 16; C.S. 1945, § 34-616; Laws 1957, ch. 55, § 13; W.S. 1957, § 11-165; W.S. 1977, § 11-12-117 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment substituted “department” for “director.”

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-117. Prohibited acts; penalties for violations.

  1. Any person who engages in or carries on  any grain warehousing business without first having obtained a license,  or who continues to engage in or carry on such business after his  license has been suspended, revoked or expires is guilty of a misdemeanor  and shall be fined not less than one hundred dollars ($100.00) nor  more than five hundred dollars ($500.00) for each offense. Each day  that such unlicensed business is carried on is a separate offense.
  2. Any warehouseman or person operating a  warehouse who converts to his own use or that of another, any grain  stored or accepted for storage of the value of one thousand dollars  ($1,000.00) or more, is guilty of a felony and shall be fined not  less than five hundred dollars ($500.00) for each day of violation  and imprisoned for not to exceed fourteen (14) years. If the value  of the grain converted is less than one thousand dollars ($1,000.00),  the warehouseman or person operating a warehouse is guilty of a misdemeanor  and shall be fined not to exceed five hundred dollars ($500.00) or  imprisoned not to exceed six (6) months, or both.

History. Laws 1939, ch. 15, § 17; C.S. 1945, § 34-617; Laws 1957, ch. 55, § 14; W.S. 1957, § 11-166; W.S. 1977, § 11-12-118 ; Laws 1978, ch. 32, § 1; 2002 Sp. Sess., ch. 4, § 1; 2005, ch. 232, § 2.

The 2005 amendment increased penalties for violations throughout.

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Severability. —

Section 18, ch. 15, Laws 1939, reads: “If any clause, sentence, paragraph or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.”

§ 11-11-118. Perjury.

Any affirmation under this chapter shall be given under penalty of perjury.

History. Laws 2005, ch. 232, § 1.

Effective dates. —

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-119. Cease and desist orders; warehousemen; notice; opportunity for hearing.

  1. After notice and opportunity for hearing,  the department shall issue a final cease and desist order to a warehouseman  if the warehouseman or any officer, director, employee or agent of  the warehouse is violating any state statute or rule relating to warehouses  or warehousemen.
  2. Before issuing a final cease and desist  order, the department shall serve notice of intent to issue the order  upon the warehouseman. The notice shall be in writing and shall contain  the information required by W.S. 11-11-121(a). The proposed order shall direct the warehouseman to  discontinue the violations of law, rule or regulation.
  3. The warehouseman may request a hearing  on the proposed order before the director in accordance with W.S. 11-11-121(b). If the warehouseman does not request a hearing in writing  within the prescribed time period, the proposed order shall become  a final cease and desist order and the department shall serve the  final order upon the warehouseman.

History. Laws 2005, ch. 232, § 1.

Effective dates. —

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-120. Temporary cease and desist order; warehousemen; service.

  1. If the department believes the actions  of a warehouseman or of any officer, director, employee or agent of  the warehouse pose an immediate threat to the safety and soundness  of the warehouse or to the interests of the depositors or creditors  of the warehouse, the department shall issue a temporary cease and  desist order to the warehouseman or officer, director, employee or  agent of the warehouse pending final action on the proposed cease  and desist order issued pursuant to W.S. 11-11-119(a).
  2. The temporary order shall be in writing  and shall be served upon the warehouseman. The temporary order shall  take effect upon service and shall remain in effect until the director  issues the final cease and desist order, the department dismisses  the proposed cease and desist order or a court of competent jurisdiction  dismisses the proposed cease and desist order after hearing.
  3. On or after the effective date of the  temporary order, the attorney general, upon request from the department,  may apply to the district court for the county in which the warehouse  is located for enforcement of the temporary order. If the warehouseman  operates warehouses in two (2) or more counties, the request may be  made in any county where the warehouseman operates a warehouse. The  application for enforcement shall be given precedence over other cases  pending in court and shall in every way be expedited.
  4. The warehouseman, officer, director, employee  or agent to whom a temporary cease and desist order is issued may  apply to the district court for the county in which the warehouse  is located for a stay of the temporary cease and desist order. The  application for stay shall be given precedence over other civil cases  pending in court and shall be expedited. The court shall grant the  stay only if the warehouseman, officer, director, employee or agent  shows he will be irreparably harmed unless the stay issues and there  is substantial likelihood he will prevail on the merits.

History. Laws 2005, ch. 232, § 1.

Effective dates. —

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

§ 11-11-121. Procedures for enforcement actions; service of notice; content of orders; contested case proceedings; appeal.

  1. All notices and orders required to be  served by the department under this article shall be served by certified  mail return receipt requested to the last known address of the warehouseman  or may be served as provided by the Wyoming Rules of Civil Procedure.  Notice of a proposed order issued by the department under this article  shall include:
    1. A statement of the grounds for issuing  the proposed order, including a citation to the statute or rule involved;
    2. A statement of the facts in support of  the allegations;
    3. A statement informing the warehouseman  subject to the proposed order of the right to a hearing on the order  before the director, right of appeal of any subsequent order in accordance  with the Wyoming Administrative Procedure Act and that failure to  timely request a hearing will result in the order becoming final;  and
    4. A copy of the proposed order.
  2. A request for hearing on a proposed order  issued by the department under this article shall be in writing and  shall be submitted to the director no later than seven (7) days after  receipt of the notice of intent from the department. The director  shall hold the hearing no later than fifteen (15) days after receipt  of the request for hearing, unless the warehouseman subject to the  proposed order requests an extension of time for good cause shown.
  3. A hearing on a proposed order issued under  this article shall be a contested case hearing conducted in accordance  with the Wyoming Administrative Procedure Act. After the hearing,  the director shall issue findings of fact and conclusions of law and  a final decision either confirming or dismissing a proposed order.  The director shall confirm a proposed order only if the director finds  by a preponderance of the evidence that grounds exist under this article  for issuing the order. Otherwise, the director shall dismiss the proposed  order. If the director confirms a proposed order it shall become a  final order.
  4. The department shall serve a final order  under this article upon the warehouseman who is the subject of the  order. The final order shall take effect upon service and shall remain  in effect until the department or the court terminates the final order.  The warehouseman who is the subject of the order may appeal the issuance  of a final order in accordance with the Wyoming Administrative Procedure  Act.
  5. On or after the effective date of a final  order under this article, the attorney general, upon request from  the department, may apply to the district court of the county in which  the warehouse is located for enforcement of the final order. The application  for enforcement shall be given precedence over other cases pending  in court and shall in every way be expedited.

History. Laws 2005, ch. 232, § 1.

Wyoming Administrative Procedure Act. —

See 16-3-101(a), (b)(i).

Effective dates. —

Laws 2005, ch. 232, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Chapter 12 Seeds

Cross references. —

As to definition of “director,” see § 11-1-101 .

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d, Agriculture § 2.

3 C.J.S. Agriculture §§ 3, 65, 68 to 73.

§ 11-12-101. Definitions.

  1. Repealed by Laws 2007, ch. 8, § 4.
  2. As used in this act:
    1. “Controlling the pollination” means to  use a method of hybridization which will produce pure seed which is  at least seventy-five percent (75%) hybrid seed;
    2. “Dormant” means viable seed, excluding  hard seed, which fails to germinate when provided the specific germination  conditions for the kind of seed in question;
    3. “Germination” means the emergence and  development from the seed embryo of those essential structures which,  for the kind of seed in question, are indicative of the ability to  produce a normal plant under favorable conditions. For the purposes  of this act, “germination” may also mean the percentage of seed determined  viable by a tetrazolium test for species identified in the rules for  testing, or for species for which there are no rules for testing;
    4. “Hard seed” means seed which remains hard  at the end of the prescribed test period because it has not absorbed  water due to an impermeable seed coat;
    5. “Hybrid” as applied to kinds or varieties  of seed, means the first generation seed of a cross produced by controlling  the pollination and by combining:
      1. Two (2) or more inbred lines;
      2. One (1) inbred or a single cross with  an open pollinated variety; or
      3. Two (2) selected clones, seed lines, varieties  or species.
    6. “Inert matter” means all matter that is  not a seed, including broken seeds, sterile florets, chaff, fungus  bodies and stones;
    7. “Kind” means one (1) or more related species  or subspecies which singly or collectively is known by one (1) common  name, including but not limited to, soybean, flax, barley and wheat;
    8. “Labeling” means the display or displays  of written, printed or graphic matter upon or attached to the container  of seed or accompanying and pertaining to any seed whether sold in  bulk or in containers, including invoices;
    9. “Lot” means the number or other identification  that relates to records pertaining to the known quantity of seed;
    10. “Origin” means the state, District of  Columbia, Puerto Rico or possession of the United States, or the foreign  country or designated portion thereof, where the seed was grown;
    11. “Pure seed” means seed exclusive of inert  matter and all other seed not of the seed being offered for sale;
    12. “Rules for testing” means procedures specified  by the Association of Official Seed Analysts for conducting seed analysis;
    13. “Seed” means the propagative part of a  plant normally capable of germination to produce a new plant, including  ovules, tubers and bulbs. “Seed” also includes the following as defined  for the purposes of this act:
      1. “Agricultural seeds” means any agronomic  crop seeds or seeds of species as defined in W.S. 11-1-101 ;
      2. “Flower seed” means seeds of herbaceous  plants grown for their blooms, ornamental foliage or other ornamental  parts and commonly known and sold under the name of flower seeds in  this state;
      3. “Tree seed” means seeds of woody plants  commonly known and sold as tree and shrub seeds in this state; or
      4. “Vegetable seed” means the seeds of those  crops that are or may be grown in gardens or truck farms and are generally  known and sold under the name of vegetable seeds in this state.
    14. “Total viable” means:
      1. Germination plus dormant seed plus hard  seed; or
      2. Viable as determined by a tetrazolium  test for species identified in the rules for testing, or for species  for which there are no rules for testing.
    15. “Treated seed” means any seed that has  been treated with chemicals that are harmful to humans, livestock  or other vertebrate animals;
    16. “Variety” means a subdivision of a kind  which is characterized by growth, plant, fruit, seed or other characters  by which it can be differentiated from other sorts of the same kind,  including but not limited to, C2243 wheat and Manchu soybeans;
    17. “Weeds” includes the following as defined  for purposes of this act:
      1. “Prohibited noxious weeds” means the seeds  of any species for which the department by rule has established zero  (0) tolerance;
      2. “Restricted noxious weeds” means any species  for which the department by rule has established an allowable tolerance;
      3. “Regulated weeds” means seed, other than  prohibited noxious weeds or restricted noxious weeds, of any species  for which the department by rule has established a limitation of amount  per pound in a seed lot.
    18. “This act” means W.S. 11-12-101 through 11-12-124 .

History. Laws 1941, ch. 126, § 15; C.S. 1945, § 34-715; W.S. 1957, § 11-193; W.S. 1977, § 11-14-101 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 2007, ch. 8, §§ 2, 4.

Cross references. —

As to meaning of “board,” see § 11-1-101 .

The 2007 amendment, effective July 1, 2007, repealed former (a), which defined seeds and prohibited noxious weeds; and added (b).

§ 11-12-102. Exceptions to applicability.

  1. This act does not apply to any person  who:
    1. Has seeds in storage for conditioning  or cleaning and the intended use of the seed is not planting;
    2. Is a resident grower of seed who sells  his seed to a seed dealer who is licensed pursuant to this act;
    3. Repealed by Laws 2006, ch. 114, § 2.
  2. Any resident grower who sells or offers  for sale any agricultural, vegetable, flower or tree seeds grown only  by him and sold or offered for sale at the headquarters of his operations  directly to grower planters of the seed and not for resale is exempt  from the licensing provisions under W.S. 11-12-103 .

History. Laws 1941, ch. 126, § 9; C.S. 1945, § 34-709; Laws 1947, ch. 117, § 2; 1957, ch. 18, § 1; W.S. 1957, § 11-194; W.S. 1977, § 11-14-102 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 2006, ch. 114, §§ 1, 2; 2007, ch. 8, § 2.

The 2006 amendment repealed (a)(iii), concerning any resident grower who sells or offers to sell agricultural, vegetable, flower or tree seeds; and added (b).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2007 amendment, effective July 1, 2007, in (a), deleted “agricultural, vegetable, flower or tree” following “Has,” substituted “conditioning or cleaning and the intended use of the seed is not planting” for “recleaning, but are not processed and sold or offered for sale for seed purposes within the state” in (i); and substituted “seed who sells his seed to a seed dealer who is licensed pursuant to this act” for “agricultural, vegetable, flower or tree seeds” in (ii).

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-12-101(b)(xxiii).

Conflicting legislation. —

Laws 2006, ch. 114, § 3 provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 11-12-103. Licensing.

  1. Any person who sells or offers for sale  or distribution in Wyoming any seeds shall obtain a license from the  department. The license shall expire annually on March 31. Application  for the license shall include the name and address of the person to  whom the license is to be issued and the location of the place or  places of business of the applicant. The application shall be accompanied  by the license fee authorized by W.S. 11-1-104 for each place of business selling seeds in packets,  packages or bulk of ten (10) pounds or more. This subsection shall  not apply to any person licensed in accordance with W.S. 11-11-103 .
  2. Any person who conditions grain or seed  for hire in Wyoming shall obtain a license from the department. The  license shall expire annually on March 31. Application for the license  shall include the name and address of the person to whom the license  is to be issued and the location of the place or places of business  of the applicant. The application shall be accompanied by the license  fee which shall be the same as the fee established for a seed dealer  license. This subsection shall not apply to any person licensed in  accordance with W.S. 11-11-103 .
  3. Charitable and educational institutions  shall be exempt from licensing requirements imposed by this section.

History. Laws 1941, ch. 126, § 4; 1943, ch. 70, § 1; C.S. 1945, § 34-704; Laws 1947, ch. 117, § 1; 1949, ch. 103, § 1; 1951, ch. 23, § 3; 1955, ch. 236, § 2; W.S. 1957, § 11-195; Laws 1959, ch. 28, 1; W.S. 1977, § 11-14-103 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 1993, ch. 135, § 2; 2007, ch. 8, § 2.

The 2007 amendment, effective July 1, 2007, added (b) and (c), and redesignated the former provisions as (a); and in (a), substituted “Any person who sells or offers” for “No person shall sell or offer,” substituted “seeds shall obtain a license from the department” for “agricultural, vegetable, flower or tree seeds without obtaining a license from the state department of agriculture,” in the first sentence, substituted “subsection” for “section” in the last sentence; and made a related change.

§ 11-12-104. Restrictions on the sale of weed seeds; allowed tolerance for other noxious weeds; rulemaking.

  1. No person shall sell or offer for sale  or distribution in Wyoming seed which contains any prohibited noxious  weed seeds. The department, by rule and regulation, may establish  a list of prohibited noxious weeds, restricted noxious weeds and regulated  weeds and establish tolerances for restricted noxious weeds and regulated  weeds.
  2. and  (c) Repealed by Laws 2007, ch. 8, § 4.
  3. Any seed which contains any prohibited  noxious weed seeds or exceeds the tolerance established on restricted  noxious weed seeds or regulated weed seeds shall be removed from sale  in Wyoming and impounded by the director and shall be released only  for the following purposes:
    1. For complete destruction;
    2. For removal outside of the state;
    3. To be conditioned to the point that no  prohibited noxious weeds are present and to the point that the tolerance  established on restricted noxious weeds and regulated weeds is not  exceeded;
    4. For processing in such a way as to make  the weed seeds harmless and sold as feed; or
    5. For burial in an approved landfill.

History. Laws 1941, ch. 126, § 3; 1943, ch. 70, § 1; C.S. 1945, § 34-703; Laws 1951, ch. 23, § 2; W.S. 1957, § 11-196; W.S. 1977, § 11-14-104 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 1993, ch. 191, § 3; 2007, ch. 8, §§ 2, 4.

Cross references. —

As to meaning of “board,” see § 11-1-101 .

As to weed and pest control generally, see chapter 5 of this title.

The 2007 amendment, effective July 1, 2007, rewrote (a) and added the last sentence to clarify the selling of noxious weed seeds; repealed former (b), which read listed prohibited noxious weeds; repealed former (c), which related to the adopting and publishing of rules and regulations to establish a list of restricted noxious weed seeds; in (d), substituted “Any seed which contains” for “agricultural, vegetable, flower or tree seeds which contain,” inserted “or regulated weed seeds,” deleted “of the department of agriculture” following “director” in the introductory language; in (iii), substituted “conditioned” for recleaned,” substituted “weeds” for “weed seeds,” and substituted “weeds and regulated weeds” for “weed seeds”; deleted “to be” following “harmless and” in (iv); deleted “dump” from the end of (v); and made related changes.

§ 11-12-105. Labeling of packages required; contents; exception.

  1. Each lot of seed which is sold or offered  for sale in Wyoming, shall be legibly labeled in English upon the  exterior of the container with a written or printed label. The label  shall show:
    1. The commonly accepted name of the kind  of seed. If seeds are mixed, the kind of each seed making up five  percent (5%) or more of the mixture shall be stated separately;
    2. The full name and address of the person  selling, offering or distributing the seeds for sale;
    3. The percentage of pure seed, crop seed  (not to be added to pure seed), inert matter, common weed seeds by  weight, germination, hard seed and the month and year of the germination  test;
    4. The origin of the seed;
    5. Lot number or other lot identification;
    6. Name and number of each kind of restricted  noxious weed seeds per pound; and
    7. The words “poisonous treated” shall appear  in bold print if the seeds have been treated with chemicals which  are toxic or poisonous to either humans, livestock or other vertebrate  animals.
  2. When seeds are sold or offered for sale  in bulk, the label required by subsection (a) of this section shall  be conspicuously displayed on the container of each lot of bulk seed.  A printed or written statement bearing the required labeling information  shall be taken from the bulk seed container label in the presence  of the purchaser and given to the purchaser upon request.
  3. This section does not apply to flower,  tree, garden or vegetable seeds labeled to comply with the requirements  of the United States department of agriculture by authority of the  Federal Seed Act [7 U.S.C. §§ 1551 through 1611].

History. Laws 1941, ch. 126, § 1; C.S. 1945, § 34-701; Laws 1951, ch. 23, § 1; 1953, ch. 136, § 1; 1955, ch. 236, § 1; W.S. 1957, § 11-197; W.S. 1977, § 11-14-105 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 2007, ch. 8, § 2.

Cross references. —

As to weed and pest control generally, see chapter 5 of this title.

The 2007 amendment, effective July 1, 2007, in (a), deleted “package or” following “Each,” deleted “whether in package or bulk” following “lot of seed,” in the introductory language; in (i), substituted “If seeds are mixed” for “and variety of seed, and”; substituted “distributing” for “transporting” in (ii); deleted “which shall have been made within twelve (12) months prior to the sale of the seed” at the end of (iii); substituted “livestock or other vertebrate animals” for “or livestock” in (vii); and made stylistic and related changes.

Section did not constitute sign law within meaning of former § 34.1-2-326(c)(i) (now repealed), relating to consignment sales and the rights of creditors under the UCC. United Agri-Products Fin. Servs., Inc. v. O's Gold Seed Co., 733 P.2d 252, 1987 Wyo. LEXIS 399 (Wyo. 1987).

§ 11-12-106. Lawn grass seed.

Lawn grass seed mixtures offered for sale in Wyoming shall comply with all requirements of this act, and in addition shall contain at least fifty percent (50%) of perennial permanent type lawn grass seed that is adapted to local growing conditions, such as Kentucky blue grass (Poa pratensis), bent grass (Agrostis species) or fescue (Festuca species).

History. Laws 1941, ch. 126, § 2; 1943, ch. 70, § 1; C.S. 1945, § 34-702; W.S. 1957, § 11-198; W.S. 1977, § 11-14-106 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-12-101(b)(xxiii).

Cross references. —

As to weed and pest control generally, see chapter 5 of this title.

§ 11-12-107. Weed seeds.

No person shall sell in the retail trade in this state, any seed which contains two percent (2%) or more of weed seeds by weight.

History. Laws 1941, ch. 126, § 2; 1943, ch. 70, § 1; C.S. 1945, § 34-702; W.S. 1957, § 11-198; W.S. 1977, § 11-14-106 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 2007, ch. 8, § 2.

Cross references. —

As to weed and pest control generally, see chapter 5 of this title.

The 2007 amendment, effective July 1, 2007, substituted “seed which contains two percent (2%) or more of weed” for “agricultural, vegetable, flower or tree seeds either in package or in bulk, which contain two percent (2%) or more of common weed.”

§ 11-12-108. Screenings to be specially labeled and free from noxious weed seeds; seizure and destruction; grain cleaning establishments.

Screenings of any seeds or grains which are offered for sale by any person shall be legibly labeled as such and not sold as seeds. They shall be free of prohibited noxious weed seeds and shall not exceed the tolerance established on restricted noxious weed seed. Screenings found to contain weed seeds in violation of this section are subject to seizure by the director of the department of agriculture. Screenings are subject to the provisions of W.S. 11-12-104(d).

History. Laws 1941, ch. 126, § 6; 1943, ch. 70, § 1; C.S. 1945, § 34-706; Laws 1953, ch. 136, § 3; W.S. 1957, § 11-199; W.S. 1977, § 11-14-107 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 1993, ch. 191, § 3.

Cross references. —

As to meaning of “director,” see § 11-1-101 .

As to weed and pest control generally, see ch. 5 of this title.

§ 11-12-109. Failure to label or false labeling of seeds.

It is unlawful for any person to sell or offer for sale or to deliver within Wyoming any seeds which are misbranded or are not labeled in accordance with the requirements of W.S. 11-12-103 through 11-12-108 , or if the seed is falsely labeled in any respect, subject to such tolerance as established by the board.

History. Laws 1941, ch. 126, § 7; C.S. 1945, § 34-707; W.S. 1957, § 11-200; W.S. 1977, § 11-14-108 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3.

Cross references. —

As to meaning of “board,” see § 11-1-101 .

§ 11-12-110. Importation of seeds.

It is unlawful for any person to transport or cause to be transported into Wyoming any seed without meeting the requirements of this act.

History. Laws 1941, ch. 126, § 5; C.S. 1945, § 34-705; Laws 1953, ch. 136, § 2; W.S. 1957, § 11-201; W.S. 1977, § 11-14-109 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 2007, ch. 8, § 2.

The 2007 amendment, effective July 1, 2007, substituted “seed” for “agricultural, vegetable, flower or tree seeds.”

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-12-101(b)(xxiii).

§ 11-12-111. [Repealed.]

Repealed by Laws 1983, ch. 169, § 4.

Editor's notes. —

This section, which derived from Laws 1941, ch. 126, § 8, related to the penalty for violations of W.S. 11-12-103 through 11-12-110 .

§ 11-12-112. Director to enforce provisions; power of director to examine seeds; exception; purchase of samples.

The director shall enforce this act. The director or his agents shall have free access at all reasonable hours upon and into any premises or structures where seed is stored or offered for sale, except federally sealed granaries or warehouses, to examine any seeds and, upon tendering payment therefor at the current value, may take from any person a sample or samples of the seeds.

History. Laws 1941, ch. 126, § 10; C.S. 1945, § 34-710; W.S. 1957, § 11-203; W.S. 1977, § 11-14-111 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 1993, ch. 191, § 3; 2007, ch. 8, § 2.

The 2007 amendment, effective July 1, 2007, deleted “of the department of agriculture” following “The director.”

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-12-101(b)(xxiii).

§ 11-12-113. Rulemaking.

  1. The board shall promulgate, adopt and  publish rules and regulations in accordance with the Wyoming Administrative  Procedure Act [§§ 16-3-101 through 16-3-115 ] for the purpose of carrying out this act.
  2. Except as otherwise provided for in this  act, no ordinance or regulation of any political subdivision may prohibit  or in any way attempt to regulate any matter relating to the registration,  labeling, sale, storage, transportation, distribution, notification  of use or use of seeds, if any ordinance, law or regulation of the  political subdivision is in conflict of this chapter.

History. Laws 1941, ch. 126, § 14; C.S. 1945, § 34-714; W.S. 1957, § 11-204; W.S. 1977, § 11-14-112 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 2007, ch. 8, § 2.

Cross references. —

As to meaning of “board,” see § 11-1-101 .

The 2007 amendment, effective July 1, 2007, added (b).

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-12-101(b)(xxiii).

§ 11-12-114. Seed and grain cleaning establishments; certificates of approval; lists thereof.

The board shall establish standards and other requirements whereby seed and grain cleaning establishments may be issued a certificate of approval. A list of approved establishments for cleaning seeds and grain shall be maintained by the director.

History. Laws 1941, ch. 126, § 6; 1943, ch. 70, § 1; C.S. 1945, § 34-706; Laws 1953, ch. 136, § 3; W.S. 1957, § 11-199; W.S. 1977, § 11-14-107 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 1993, ch. 191, § 3; 2007, ch. 8, § 2.

Cross references. —

As to meaning of “board” and “director,” see § 11-1-101 .

The 2007 amendment, effective July 1, 2007, substituted “maintained by the director” for “published by the director of the department of agriculture” and made stylistic changes.

§ 11-12-115. State seed analyst; seed laboratory.

  1. The department shall operate a state seed  laboratory through a memorandum of understanding with the University  of Wyoming. The terms and conditions of the memorandum of understanding  shall include the designation and compensation of a state seed analyst.
  2. A state laboratory operated for the purposes  of seed analysis shall be located in Park County.

History. Laws 1941, ch. 126, § 11; 1943, ch. 70, § 1; C.S. 1945, § 34-711; Laws 1949, ch. 65, § 20; 1953, ch. 136, § 4; ch. 139, § 1; 1957, ch. 157, § 25; W.S. 1957, § 11-205; Laws 1961, ch. 148, § 26; 1965, ch. 115, § 27; 1974, ch. 16, § 2; W.S. 1977, § 11-14-113 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 1991, ch. 29, § 3; 1997, ch. 178, § 1; 2002 Sp. Sess., ch. 73, § 1; 2007, ch. 8, § 2.

Cross references. —

As to meaning of “board,” see § 11-1-101 .

The 2007 amendment, effective July 1, 2007, substituted “department” for “board of agriculture” in (a).

§ 11-12-116. Analysis of seeds.

  1. Any person may have his seed analyzed  by the state seed analyst by paying transportation charges to the  laboratory and a fee.
  2. All samples submitted for analysis shall  be taken in accordance with the current regulations of sampling set  forth by the United States department of agriculture by authority  of the Federal Seed Act [7 U.S.C. §§ 1551 through 1611].
  3. Seed testing shall be done in accordance  with the current association of official seed analysts’ rules for  testing seed.
  4. The state seed analyst may provide a list  of recommended fees for seed testing and services to the seed laboratory  advisory group.
  5. The seed laboratory advisory group shall  review the state seed analyst’s list and provide their recommendation  for testing and service fees to the board.
  6. Fees for testing and services shall become  effective upon approval by the board. The board may set testing and  service fees at different levels for in-state and out-of-state samples.
  7. The state seed analyst, upon approval  by the board, may enter into a separately negotiated contract with  a government entity to provide testing and services at approximate  cost.

History. Laws 1941, ch. 126, § 12; 1943, ch. 70, § 1; C.S. 1945, § 34-712; Laws 1951, ch. 23, § 4; 1953, ch. 136, § 5; W.S. 1957, § 11-206; W.S. 1977, § 11-14-114 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3; 2007, ch. 8, § 2.

Cross references. —

As to meaning of “board,” see § 11-1-101 .

The 2007 amendment, effective July 1, 2007, deleted “established by the board” at the end of (a); and added (d) through (g).

§ 11-12-117. Disposition of collected funds.

All funds collected from seed analyses shall be deposited in the general fund.

History. Laws 1941, ch. 126, § 16; C.S. 1945, § 34-716; Laws 1947, ch. 117, § 3; 1953, ch. 136, § 6; W.S. 1957, § 11-207; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-14-115 ; Laws 1978, ch. 32, § 1.

Severability. —

Section 18, ch. 126, Laws 1941, reads: “If any section, subsection, sentence, clause, or phrase of this act is for any reason held unconstitutional, such decision shall not affect the validity of the remaining portions of this act.”

Repealing clauses. —

Section 17, ch. 126, Laws 1941, repealed §§ 1 to 21, ch. 127, Laws 1937, and all acts or parts of acts inconsistent with that act.

§ 11-12-118. Duty of district or county and prosecuting attorney to prosecute reported violations.

Any district or county and prosecuting attorney to whom the director of the department of agriculture reports any violation of this act shall cause appropriate proceedings to be commenced and prosecuted in the proper courts without delay.

History. Laws 1941, ch. 126, § 13; C.S. 1945, § 34-713; W.S. 1957, § 11-208; W.S. 1977, § 11-14-116 ; Laws 1978, ch. 32, § 1; 1981, Sp. Sess., ch. 22, § 1; 1983, ch. 169, § 3; 1993, ch. 191, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-12-101(b)(xxiii).

§ 11-12-119. Seed certification service; authority to make rules; fees; disposition thereof.

The seed certification service of the college of agriculture of the University of Wyoming may engage in the certification of varieties of seeds and propagating materials, and make such rules and regulations with respect to certification and varieties eligible for certification as necessary to insure the production of certified seed of high quality. The seed certification service may charge reasonable fees for conducting the certification program, and shall use the funds received to defray the cost of conducting the certification program.

History. Laws 1933, ch. 62, § 1; C.S. 1945, § 34-717; Laws 1957, ch. 15, § 1; W.S. 1957, § 11-209; W.S. 1977, § 11-14-117 ; Laws 1978, ch. 32, § 1.

§ 11-12-120. False labeling of seeds; prohibited.

It is unlawful for any person to attach or cause to be attached to any container of seeds or propagating materials, for the purpose of certifying the contents, any label or tag describing the contents as certified seed or propagating material, except labels or tags which are issued by the seed certification service of the college of agriculture, University of Wyoming, for the purpose of certification.

History. Laws 1933, ch. 62, § 1; C.S. 1945, § 34-717; Laws 1957, ch. 15, § 1; W.S. 1957, § 11-209; W.S. 1977, § 11-14-117 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3.

§ 11-12-121. False labeling of seeds; false labeling as prima facie evidence of violation.

Any label or tag prohibited by W.S. 11-12-120 found attached to any container of seed or propagating material is prima facie evidence of a violation of W.S. 11-12-120 by the person falsely labeling or tagging the container.

History. Laws 1933, ch. 62, § 2; C.S. 1945, § 34-718; Laws 1957, ch. 15, § 2; W.S. 1957, § 11-210; W.S. 1977, § 11-14-118 ; Laws 1978, ch. 32, § 1; 1983, ch. 169, § 3.

§ 11-12-122. Quarantine.

  1. The board, in compliance with this act,  may promulgate rules and regulations to establish a quarantine against  movement of seed containing prohibited noxious weed seed and restricted  noxious weed seed which exceeds the tolerance established and may  enter into an agreement with law enforcement agencies to carry out  the quarantine provisions.
  2. and  (c) Repealed by Laws 2007, ch. 8, § 4.
  3. All seed shipments through the state shall  be covered in a prescribed manner so as not to allow the dissemination  of noxious weed seed.

History. Laws 1983, ch. 169, § 1; 1993, ch. 191, § 3; 2007, ch. 8, §§ 2, 4.

The 2007 amendment, effective July 1, 2007, deleted “the entry into Wyoming and intrastate” following “quarantine against” in (a); repealed former (b), which read: “Seed shall be free of prohibited noxious weed seed and shall not exceed the tolerance on restricted noxious weed seed prior to entry into the state or shall be so verified by proper authority in the state of origin”; repealed former (c), which read: “Seed shall be free of prohibited noxious weed seed and shall not exceed the tolerance on restricted noxious weed seed prior to intrastate movement, or shall be so verified by the director of the department of agriculture”; and substituted “All seed” for “Interstate” in (d).

Editor's notes. —

Former § 11-12-122 , relating to penalties for violation of §§ 11-12-101 through 11-12-123 , was renumbered by § 2, ch. 169, Laws 1983, as § 11-12-123 .

Meaning of “this act.” —

For the definition of “this act,” referred to this section, see § 11-12-101(b)(xxiii).

§ 11-12-123. Seed laboratory advisory group created; composition; appointment; officers; vacancy; meetings; quorum.

  1. There is created a seed laboratory advisory  group which shall be comprised of the following:
    1. Voting members shall be:
      1. One (1) member of the board, appointed  by the chairman of the board;
      2. One (1) member representing organizations  whose primary goal is improved seed production, appointed by the board;
      3. Two (2) members representing the Wyoming  seed industry, appointed by the board;
      4. Two (2) members who are certified or contract  seed growers, appointed by the board;
      5. One (1) member who is a person interested  in seed quality, appointed by the board.
    2. Nonvoting members shall be:
      1. The director of the Wyoming department  of agriculture or his designee;
      2. The University of Wyoming experiment station  director;
      3. The head of the University of Wyoming  college of agriculture plant science department or his designee;
      4. The Wyoming seed certification service  manager, who shall serve as the seed laboratory advisory group secretary;
      5. The state seed analyst.
  2. All voting members shall serve terms of  three (3) years. A member may serve for more than one (1) term.
  3. The chairman and the vice-chairman shall  serve terms of two (2) years with the vice-chairman succeeding the  chairman. The chairman and vice-chairman shall be elected by a majority  of the voting members at the annual meeting. In the event that the  chairman is not able to complete his term, the vice-chairman shall  complete that term in addition to serving the succeeding term. In  the event the vice-chairman is unable to complete his term, an election  of a new chairman and vice-chairman shall take place at the next annual  meeting.
  4. In the event of a vacancy on the seed  laboratory advisory group, the board shall appoint a new member to  complete the term of the vacating member.
  5. One (1) regular meeting shall be held  annually in conjunction with a Wyoming crop improvement industry meeting,  as called by the chairman or as called by a majority of the voting  members.
  6. A majority of the voting members shall  constitute a quorum.

History. Laws 2007, ch. 8, § 1.

Editor's notes. —

Former § 11-12-123 , was amended and renumbered as § 11-12-125 by Laws 2007, ch. 8, § 3.

Effective dates. —

Laws 2007, ch. 8, § 1, makes the act effective July 1, 2007.

§ 11-12-124. Seed laboratory advisory group duties.

  1. The seed laboratory advisory group shall:
    1. Maintain a policy of operation manual,  which shall be reviewed by seed laboratory advisory group members  at the annual meeting, and shall contain the policies and operational  procedures of the seed laboratory advisory group;
    2. Serve in an advisory role to aid the state  seed analyst, the University of Wyoming, the Wyoming department of  agriculture and the board in the management of the seed laboratory;
    3. Annually review the price list for seed  testing and services provided by the laboratory;
    4. Recommend to the board as necessary, any  changes to the price list or other fees of the laboratory;
    5. Review the annual seed laboratory report;
    6. Recommend to the board as necessary, any  major capital purchases needed by the laboratory;
    7. Recommend to the board as necessary, the  use of new technologies or other seed testing needs as they occur;
    8. Provide support as necessary to seed laboratory  customers;
    9. Provide to the board as necessary, constructive  ideas on how the laboratory can serve Wyoming and the region more  effectively.

History. Laws 2007, ch. 8, § 1.

Effective dates. —

Laws 2007, ch. 8, § 5, makes the act effective July 1, 2007.

§ 11-12-125. Penalties; director authorized to investigate and file complaint.

  1. Any person violating any provision of  this act is guilty of a misdemeanor and shall be fined not more than  seven hundred fifty dollars ($750.00), or imprisoned for not more  than six (6) months, or both for each offense. Each day shall constitute  a separate violation.
  2. The director is authorized to investigate  alleged violations and to file a complaint with the proper district  or county and prosecuting attorney for the prosecution of violations.
  3. Any person found guilty of violating any  provision of W.S. 11-12-101 through 11-12-124 , shall reimburse the state for the cost of any control  actions, treatments, quarantine, confiscation, destruction or removal  of any seed from the state resulting from the violation. Amounts collected  under this subsection shall be paid to the department of agriculture  technical services division account.

History. Laws 1933, ch. 62, § 3; C.S. 1945, § 34-719; Laws 1957, ch. 15, § 3; W.S. 1957, § 11-211; W.S. 1977, § 11-14-119; Laws 1978, ch. 32, § 1; Rev. W.S. 1977, § 11-12-122 ; Laws 1981, Sp. Sess., ch. 22, § 1; 1983, ch. 169, § 2; 1993, ch. 191, § 3; Laws 2007, ch. 8, § 3.

The 2007 amendment, effective July 1, 2007, in (a), substituted “seven hundred fifty dollars ($750.00)” for “two hundred dollars ($200.00)” and added the last sentence; deleted “of the department of agriculture” following “The director” in (b); and added (c).

Editor's notes. —

Former § 11-12-123 was amended and renumbered as § 11-12-125 by Laws 2007, ch. 8, § 3.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 11-12-101(b)(xxiii).

Chapter 13 Commercial Feed

Cross references. —

As to requiring board of trustees of University of Wyoming to provide for operation of research station to conduct programs related to soils, vegetation diseases, fertilizers, insects, irrigation phases and other related factors in order to effectuate reduction or elimination of causes detrimental to agriculture, see § 21-17-302(c).

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture § 2.

Liability of manufacturer or seller for injury caused by animal feed, 81 ALR2d 138.

Products liability: animal feed or medicines, 29 ALR4th 1045.

Validity, under commerce clause (art. I, § 8, cl. 3), of state statutes regulating labeling of food, 79 ALR Fed 246.

3 C.J.S. Agriculture, §§ 3, 15 to 19, 23; 36A C.J.S. Food § 3 et seq.

§ 11-13-101. Short title.

This act may be cited as the “Wyoming Commercial Feed Law.”

History. Laws 1969, ch. 215, § 1; W.S. 1957, § 11-221.1; W.S. 1977, § 11-15-101 ; Laws 1978, ch. 32, § 1; 1996, ch. 26, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-13-102(a)(xxvii).

§ 11-13-102. Definitions; exemptions.

  1. As used in this act:
    1. “Association of America Feed Control Officials  (AAFCO)” means officials of any state, dominion, federal or other  governmental agency in North America, and employees thereof charged  with the responsibility of enforcing laws regulating the production,  labeling, distribution or sale of animal feeds;
    2. “Association of Official Analytical Chemists  (AOAC)” means government and industry officials charged with developing  analytical methods and the collaborative testing of those methods,  validating data and accepting or rejecting those methods for use;
    3. “Brand name” means any word, name, symbol,  device or any combination thereof identifying the commercial feed  of a distributor or registrant and distinguishing it from that of  others;
    4. “Commercial feed” means all liquid or  solid materials or combination of materials, including custom formula  feed, medicated feed and mineral feed, which are distributed or intended  for distribution for use as feed or for mixing in feed for animals  other than man except the following:
      1. Unmixed seed, whole or processed, made  directly from the entire seed, or unmixed or unprocessed whole seeds;
      2. Raw meat, hay, straw, stover, silage,  cobs, husks, hulls and individual chemical compounds or substances  when such commodities, compounds or substances are not intermixed  with other materials, and are not adulterated within the meaning of W.S. 11-13-106(c)(ii).
    5. “Contract feeder” means a person who as  an independent contractor, feeds commercial feed to animals pursuant  to a contract whereby the commercial feed is supplied, furnished or  otherwise provided to the person and whereby the person’s remuneration  is determined all or in part by feed consumption, mortality, profits  or amount or quality of product;
    6. “Custom formula feed” means commercial  feed which consists of a mixture of commercial feeds or feed ingredients  each batch of which is manufactured according to the specific instructions  of the final purchaser;
    7. “Department” means the state department  of agriculture;
    8. “Director” means the director of the department  of agriculture;
    9. “Distribute” means to offer for sale,  sell, exchange or barter commercial feed or to supply, furnish or  otherwise provide commercial feed;
    10. “Distributor” means any person who distributes;
    11. “Drug” means any article intended for  use in the diagnosis, cure, mitigation, treatment or prevention of  disease in animals other than man and articles other than feed intended  to affect the structure or any function of the animal body;
    12. “Feed” means commercial feed, pet food  and specialty pet food;
    13. “Feed ingredient” means each of the constituent  materials making up a commercial feed;
    14. “Label” means a display of written, printed  or graphic matter upon or affixed to the container in which a commercial  feed is distributed, or on the invoice or delivery slip with which  a commercial feed or custom formula feed is distributed;
    15. “Labeling” means all labels and other  written, printed or graphic matter upon a commercial feed, any of  its containers or wrappers, or accompanying such commercial feed;
    16. “Manufacture” means to grind, mix or blend,  or further process a commercial feed for distribution;
    17. “Medicated feed” means any commercial  feed which contains drug ingredients intended for the cure, mitigation,  treatment or prevention of diseases of animals, or which contains  drug ingredients intended to affect the structure or any function  of the body of animals;
    18. “Mineral feed or mixture” means a commercial  feed designed or intended to supply primarily mineral elements or  inorganic nutrients;
    19. “Official sample” means any sample of  feed taken by and designated as official by the director or his agent;
    20. “Percent” or “percentage” means percentage  by weight;
    21. “Pet” means any domesticated animal normally  maintained in or near the household of the owner thereof;
    22. “Pet food” means any commercial feed prepared  and distributed for consumption by pets;
    23. “Product name” means the name of the commercial  feed which identifies it as to kind, class or specific use;
    24. “Specialty pet” means any domesticated  animal pet normally maintained in a cage or tank, such as, but not  limited to, gerbils, hamsters, canaries, psittacine birds, mynahs,  finches, tropical fish, goldfish, snakes and turtles;
    25. “Specialty pet food” means any commercial  feed prepared and distributed for consumption by a specialty pet;
    26. “Ton” means a net weight of two thousand  (2,000) pounds avoirdupois;
    27. “This act” means W.S. 11-13-101 through 11-13-110 .
  2. The names and definitions for commercial  feeds shall be the official definition of feed ingredients adopted  by the Association of American Feed Control Officials (AAFCO) and  the director, except as he designates otherwise in specific cases,  or as specified in this section.
  3. The terms used in reference to commercial  feeds shall be the official feed terms adopted by the Association  of American Feed Control Officials and the director, except as he  designates otherwise in specific cases or as specified in this section.
  4. Individual chemical compounds and substances  are hereby declared exempt from the definition of “commercial feed” under the provisions of this act. The director may exempt a product  from the provisions of this act if he finds that the product meets  the following criteria:
    1. There is an adopted Association of American  Feed Control Officials definition for the product;
    2. The product is either generally recognized  as safe or is not covered by a specific food and drug administration  regulation;
    3. The product is either a natural occurring  product of relatively uniform chemical composition or is manufactured  to meet the Association of American Feed Control Officials definition  of the product;
    4. The use of the product in the feed industry  constitutes a minor portion of its total industrial use;
    5. Small quantities of additives, which are  intended to impart special desirable characteristics shall be permitted;  and
    6. There is no need or problem of control  of this product.
  5. Nothing in this act shall apply to any  contract feeder as defined by this act.

History. Laws 1917, ch. 122, § 1; C.S. 1920, § 3758; R.S. 1931, § 5-901; C.S. 1945, § 34-901; Laws 1949, ch. 24, § 1; W.S. 1957, §§ 11-212, 11-221.2; Laws 1969, ch. 215, § 2; 1975, ch. 30, § 1; W.S. 1977, § 11-15-102 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1996, ch. 26, § 2.

§ 11-13-103. Labels.

  1. Every lot, package or parcel of commercial  feed sold, offered for sale or distributed within this state shall  have a tag or label affixed in a conspicuous place on the outside,  containing a legible printed statement clearly and truly certifying:
    1. The product name and the brand name, if  any, under which the commercial feed is distributed;
    2. A purpose statement which shall contain  the specific species and animal class for which the feed is intended.  The manufacturer shall have flexibility in describing in more specific  common language the defined animal class, specie and purpose while  being consistent with the category of animal class, which may include  but not be limited to the weight range, sex or ages of the animals  for which the feed is manufactured. The purpose statement may be excluded  from the label if the product name includes a description of the species  and animal class for which the product is intended;
    3. The guaranteed analysis stated in such  terms that will advise the user of the composition of the feed or  to support claims made in the labeling. In all cases the substances  or elements must be determinable by laboratory methods. The guaranteed  analysis shall contain the following information:
      1. The minimum percent of crude protein;
      2. The percent of added approved synthetic  nitrogen sources reported as protein, for ruminant feeding only;
      3. The minimum percent of crude fat;
      4. The maximum percent of crude fiber;
      5. The vitamin content as listed;
      6. The month and year of preparation or lot  number, all legibly printed;
      7. The maximum percent of water in the case  of liquid commercial feeds; and
      8. Other substances or elements, determinable  by laboratory methods, guaranteed by permission of the director.
    4. The common or usual name of each ingredient  used in the manufacture of commercial feed. The name of each ingredient  shall be defined in the official publication of the Association of  American Feed Control Officials, common or usual name, or one (1)  approved by the director. The use of a collective term for a group  of ingredients which perform a similar function shall be permitted.  Collective terms for grouping of feed ingredients as defined in the  official definitions of feed ingredients published in the official  publication of the Association of American Feed Control Officials  in lieu of the individual ingredients may be used provided that:
      1. When a collective term for a group of  ingredients is used on the label, individual ingredients within that  group shall not be listed on the label; and
      2. The manufacturer shall provide the department,  upon request, with a list of individual ingredients, within a defined  group, that are or have been used at manufacturing facilities distributing  in or into this state.
    5. Directions for use and any warning or  precaution statements;
    6. The name and principal address of the  manufacturer or person responsible for distributing the commercial  feed;
    7. The net weight of the contents of the  package, lot or parcel stated in the required avoirdupois;
    8. For medicated feeds:
      1. The word “medicated” shall appear directly  below the product name;
      2. The guaranteed analysis of the drug or  medication used, expressed in terms respective to the type of drug  or medication used; and
      3. A claim statement shall be included in  the labeling.
  2. A custom formula feed shall be accompanied  by a label, invoice, delivery slip or other shipping document and  be supplied to the purchaser at the time of delivery bearing the following  information:
    1. Name and address of the manufacturer;
    2. Name and address of the purchaser;
    3. Date of sale or delivery;
    4. The custom formula feed name, product  name and brand name, if any, and number of pounds of each registered  commercial feed used in the mixture and the name and number of pounds  of each other feed ingredient added;
    5. The net weight of the contents of the  package, lot or parcel, stated in the required avoirdupois; and
    6. The directions for use and any precautionary  statements for all custom formula feeds containing drugs and for such  other feeds as necessary for their safe and effective use. Any custom  formula feeds containing drugs or medications shall also be provided  as outlined in subsection (a) of this section with a claim statement  and the guaranteed analysis of the drug or medication used, expressed  in terms respective to the type of drug or medication used. Should  any custom formula feed be distributed to any other person than the  final purchaser for whom the feed was made, it shall be considered  a commercial feed and shall meet all labeling and registration requirements  of a commercial feed as outlined in this act.
  3. Every lot, package or parcel of mineral  mixtures sold, offered for sale or distributed as commercial feed  within this state shall have a tag or label affixed in a conspicuous  place on the outside containing a legible printed statement truly  certifying:
    1. The net weight of the contents of the  package, lot or parcel stated in the required avoirdupois;
    2. The product name and brand name, if any,  under which the mineral mixture is distributed;
    3. The name and principal mailing address  of the manufacturer or person responsible for distributing the mineral  mixture;
    4. The minimum and maximum percent of calcium  (Ca) subject to the following limitations:
      1. The maximum percent of calcium shall not  exceed by more than twenty percent (20%) the minimum percent of calcium  unless the minimum percent of calcium is five percent (5%) or less,  in which case the maximum percent of calcium may exceed the minimum  by one percent (1%) of calcium; and
      2. Where limestone is used as a source of  calcium in livestock minerals sold in Wyoming, no limestone shall  be used which contains less than ninety percent (90%) of calcium carbonate  (CaCO3).
    5. The minimum percent of phosphorus (P);
    6. The minimum percent of iodine (I);
    7. The maximum percent of sodium chloride  (NaCl);
    8. The specific generic name of each ingredient  used in its manufacture.
  4. The crude protein, crude fat, crude fiber,  vitamins and minerals shall be determined by the methods in force  at the time by the Association of Official Analytical Chemists.

History. Laws 1917, ch. 122, § 2; C.S. 1920, § 3759; R.S. 1931, § 5-902; C.S. 1945, § 34-902; Laws 1949, ch. 24, § 2; 1951, ch. 38, § 1; W.S. 1957, §§ 11-213, 11-221.3; Laws 1969, ch. 215, § 3; 1975, ch. 30, §§ 1, 2; W.S. 1977, § 11-15-103 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1996, ch. 26, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-13-102(a)(xxvii).

§ 11-13-104. Powers and duties of director generally.

  1. The director shall enforce the provisions  of this chapter and may prescribe the form of tags, stamps or labels  to be used to show that the registration has been properly filed.  The director may prescribe and enforce rules and regulations relating  to the sale of commercial feed he deems necessary and may adopt such  standards and definitions to carry into effect the full intent and  meaning of the law.
  2. The director may refuse to register any  commercial feed under a name, brand or trademark which would tend  to mislead or deceive as to the materials of which it is composed,  or when the specific name of each ingredient used in its manufacture  is not stated except for those feeds that utilize collective terms  in the labeling. He may refuse registration of any application not  in compliance with the law and may cancel any registration subsequently  found not to be in compliance with the law. No registration shall  be refused or cancelled until the registrant has been given opportunity  to be heard before the director and to amend his application in order  to bring it into compliance.
  3. An applicant may appeal the refusal to  register a product in accordance with the Wyoming Administrative Procedure  Act [§§ 16-3-101 through 16-3-115 ].

History. Laws 1917, ch. 122, § 10; C.S. 1920, § 3767; R.S. 1931, § 5-910; C.S. 1945, § 34-910; W.S. 1957, §§ 11-214, 11-221.4; Laws 1969, ch. 215, § 4; W.S. 1977, § 11-15-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1996, ch. 26, § 2.

§ 11-13-105. Registration; fees; disposition thereof.

  1. Each commercial feed except custom formula  feeds shall be registered before being distributed in this state.  The application for registration shall be submitted on forms furnished  by the director, and if the director requests, shall also be accompanied  by a label or other printed matter describing the product. Upon approval  by the director or his agent, a copy of the registration shall be  furnished to the applicant. All registrations are effective from the  date of approval and expire on December 31 each year. The director  may permit on the registration the alternative listing of ingredients  of comparable feed value, but the label for each package shall state  the specific ingredients in the package except for those feeds which  utilize collective terms in the labeling.
  2. A distributor is not required to register  any brand of commercial feed which is already registered under this  act by another person.
  3. Changes in the chemical or ingredient  composition of a registered commercial feed may be permitted if there  is satisfactory evidence that such changes do not result in lowering  the feed value of the product for the purpose for which designed.
  4. Each application for registration shall be accompanied with a forty dollar ($40.00) registration fee per mixture or formula. The registration fee shall be deposited in the state general fund.

History. Laws 1917, ch. 122, §§ 3 to 5; C.S. 1920, §§ 3760 to 3762; R.S. 1931, §§ 5-903 to 5-905; C.S. 1945, §§ 34-903 to 34-905; Laws 1955, ch. 149, § 1; W.S. 1957, §§ 11-215 to 11-217, 11-221.5; Laws 1969, ch. 215, § 5; 1974, ch. 16, § 2; W.S. 1977, § 11-15-105 ; Laws 1978, ch. 32, § 1; 1993, ch. 73, § 1; ch. 191, § 3; 1996, ch. 26, § 2; 2020, ch. 26, § 1.

The 2020 amendment, effective July 1, 2020, in (d), substituted “forty dollar ($40.00) registration fee” for “twenty dollar ($20.00) registration fee.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-13-102(a)(xxvii).

§ 11-13-106. Right of access to establishments and information relating to manufacturing; sampling and analysis.

  1. The director or his agent shall have access  during normal business hours to establishments or facilities in which  commercial feed is manufactured, transported or held for distribution,  and to information relating to manufacture, transportation or distribution  of the feed for purposes of sampling and inspection.
  2. The methods of sampling and analysis shall  be those adopted by the director from the Association of Official  Analytical Chemists. In cases not covered by such methods, or in cases  where methods are available in which improved applicability has been  demonstrated, the director may adopt such appropriate methods from  other sources. The director, in determining whether a commercial feed  is deficient in any component, shall be guided solely by the official  sample analyzed in accordance with the methods so adopted. A deficiency  in an official sample of commercial feed resulting from nonuniformity  during packaging is deemed to be a deficiency for the purposes of  this act. For purposes of this act, the results of official analysis  shall be final, unless it is determined by the director that a resample  is warranted. If a distributor or registrant requests a resample of  a commercial feed based upon the director’s findings of a deficiency,  all costs associated with the resampling and analysis shall be borne  by the distributor or registrant. If the results of the resampling  establish the result of the first analysis was invalid, the department  shall bear the costs associated with the resampling. Any requests  for a resample to the director shall be made in writing.
  3. When the inspection and analysis of an  official sample indicates a commercial feed has been adulterated or  misbranded, the results of analysis shall be forwarded by the director  to the distributor and the purchaser. The following shall apply:
    1. A commercial feed shall be deemed to be  misbranded if:
      1. Its labeling is false or misleading in  any particular;
      2. It is distributed under the name of another  commercial feed;
      3. It is not labeled as required in W.S. 11-13-103 ;
      4. It purports to be or is represented as  a commercial feed or if it purports to contain or is represented as  containing a commercial feed unless such feed conforms to the definition  outlined by the official publication of the Association of American  Feed Control Officials, except as the director designates otherwise  in specific cases;
      5. Any word, statement or other information  required by or under the authority of this act does not appear conspicuously  on the label, and in such terms that the ordinary person under customary  conditions of purchase and use would not understand;
      6. The commercial feed is short weight. All  provisions for enforcement of items found to be short weight shall  be administered by the department under W.S. 40-10-117 through 40-10-136 of the Wyoming weights and measures law.
    2. A commercial feed shall be deemed to be  adulterated if:
      1. It bears or contains any poisonous or  deleterious substance which may render it injurious to health, but  in case the substance is not an added substance, such commercial feeds  shall not be considered adulterated under this subsection if the quantity  of such substance does not ordinarily render it injurious to health;
      2. It contains an unapproved food and drug  administration drug, medication or animal remedy;
      3. Any valuable constituent has been in whole  or in part omitted or abstracted therefrom or any less valuable substance  substituted therefor;
      4. It contains any prohibited noxious weed  seeds or exceeds the tolerance established on restricted noxious weed  seeds pursuant to W.S. 11-12-104 or exceeds two percent (2%) of viable common weed seeds  by weight.

History. Laws 1917, ch. 122, §§ 6, 7; C.S. 1920, §§ 3763, 3764; R.S. 1931, §§ 5-906, 5-907; C.S. 1945, §§ 34-906, 34-907; W.S. 1957, §§ 11-218, 11-219, 11-221.6; Laws 1969, ch. 215, § 6; W.S. 1977, § 11-15-106 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1996, ch. 26, § 2.

Cross references. —

As to labeling requirements, see § 11-13-103 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-13-102 (xxvii).

§ 11-13-107. Warning to distributor; seizure and order of disposition; application for release.

  1. When the director or his authorized agents  find that an article is unregistered, mislabeled or misbranded, adulterated  or that it does not conform to its label guarantee, he may issue a  written statement warning the distributor that the article is considered  to be in violation of the law. This statement is a warning only, to  the distributor that if the article is distributed further the director  may bring proceedings. If the distributor or manufacturer heeds the  warning and corrects the violation within the time allowed by the  director, no further action will be taken.
  2. Any lot of commercial feed not in compliance  with requirements of law and regulations is subject to seizure on  complaint of the director to a court of competent jurisdiction in  the area in which the commercial feed is located. If the court finds  the commercial feed in violation and orders the condemnation of the  feed, it shall be disposed of in any manner consistent with the quality  of the commercial feed and the laws of the state. In no instance shall  the disposition of the commercial feed be ordered by the court without  first giving the claimant an opportunity to apply to the court for  release of the feed or for permission to process or relabel the feed  to bring it into compliance with the law.

History. Laws 1969, ch. 215, § 7; W.S. 1957, § 11-221.7; W.S. 1977, § 11-15-107 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1996, ch. 26, § 2.

Cross references. —

As to labeling requirements, see § 11-13-103 .

§ 11-13-108. Prohibited acts; penalty; additional sanctions.

  1. It is unlawful for any person to:
    1. Sell or distribute in this state any commercial  feed without having attached or furnished such stamps, labels or tags  as required by law;
    2. Impede, prevent or attempt to prevent  the director or his agent in the performance of his lawful duties;
    3. Sell, offer for sale or distribute in  this state any commercial feed without complying with the requirements  of law;
    4. Sell or distribute in this state any commercial  feed which contains a smaller percentage of crude protein or crude  fat or a larger percentage of crude fiber than is certified to be  contained therein;
    5. Fail to properly state the specific name  of each ingredient used in its manufacture except for those feeds  which utilize collective terms in the labeling; or
    6. Sell or distribute in this state any commercial  feed which has not been registered with the department as required  by this act.
  2. Any person who violates any of the provisions  of this section shall be fined not more than one hundred dollars ($100.00)  for the first violation and not less than one hundred dollars ($100.00)  for each subsequent violation.
  3. In addition to the penalty provided in  subsection (b) of this section, the distribution of any commercial  feed mixed or adulterated with any substance injurious to livestock  or pets is subject to seizure, condemnation and sale as the court  may direct, the proceeds from such sale to be deposited in the state  general fund. The court may in its discretion release the feed seized  when the requirements of law have been complied with, and upon payment  of all costs and expenses incurred by the state in any proceedings  connected with the seizure.

History. Laws 1917, ch. 122, § 9; C.S. 1920, § 3766; R.S. 1931, § 5-909; C.S. 1945, § 34-909; W.S. 1957, §§ 11-221, 11-221.8; Laws 1969, ch. 215, § 8; W.S. 1977, § 11-15-108 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1996, ch. 26, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-13-102 (xxvii).

§ 11-13-109. Promulgation of rules and regulations.

The director is authorized to promulgate such rules and regulations for commercial feeds as may be necessary for the efficient enforcement of this act. Procedures for promulgation shall be those outlined in the Wyoming Administrative Procedure Act.

History. Laws 1996, ch. 26, § 1.

Cross references. —

Wyoming Administrative Procedure Act, see § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-13-102(a)(xxvii).

§ 11-13-110. Cooperation with other entities.

The director may cooperate with and enter into agreements with governmental agencies of this state, other states and agencies of the federal government in order to carry out the purpose and provisions of this act.

History. Laws 1996, ch. 26, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-13-102(a)(xxvii).

Chapter 14 Fertilizer

Cross references. —

As to requiring board of trustees of University of Wyoming to provide for operation of research station to conduct programs related to soils, vegetation diseases, fertilizers, etc., in order to effectuate reduction or elimination of causes detrimental to agriculture, see § 21-17-302(c).

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture § 53.

3 C.J.S. Agriculture §§ 74 to 82.

§ 11-14-101. Short title.

This act shall be known as the “Wyoming Fertilizer Law of 2009.”

History. Laws 1971, ch. 88, § 1; W.S. 1957, § 11-193; W.S. 1977, § 11-17-101 ; Laws 1978, ch. 32, § 1; 2009, ch. 92, § 3.

The 2009 amendment, effective July 1, 2009, substituted “2009” for “1971”.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-102. Administration of provisions.

This act shall be administered by the state department of agriculture, hereinafter referred to as the department.

History. Laws 1971, ch. 88, § 2; W.S. 1957, § 11-194; W.S. 1977, § 11-17-102 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-103. Definitions.

  1. As used in this act:
    1. “Brand” means a term, design or trademark  used in connection with one (1) or several grades of commercial fertilizer;
    2. “Bulk fertilizer” means a commercial fertilizer  distributed in a nonpackaged form;
    3. “Commercial fertilizer” means any substance  containing one (1) or more recognized plant nutrients used for its  nutrient content and designed for use or claimed to have value in  promoting plant growth;
    4. “Deficient” means the amount of nutrient  found by analysis less than that guaranteed which may result from  a lack of nutrient ingredients or from lack of uniformity;
    5. “Department” means the Wyoming department  of agriculture;
    6. “Director” means the director of the department  of agriculture;
    7. “Distributor” means any person who imports,  consigns, distributes, manufactures, produces, compounds, formulates,  mixes, blends or applies commercial fertilizer, soil conditioner or  soil amendment or who offers for sale, sells, barters or otherwise  supplies commercial fertilizers, soil amendments or soil conditioners  in this state. The distributor may also be the registrant;
    8. “Grade” means the percentage of total  nitrogen, available phosphorus or phosphate, and soluble potassium  or soluble potash stated in whole numbers in the same terms, order  and percentages as in the guaranteed analysis, and fertilizer materials,  bone meal, manures and similar raw materials which may be guaranteed  in fractional units;
    9. “Guaranteed analysis” means the minimum  percentage of plant nutrients claimed in the following order and form:
      1. Total nitrogen (N)  . . . . .  percent   Available  phosphate (P2O5)  . . . . .  percent   Soluble potash (K2O)  . . . . .  percent;
      2. For unacidulated mineral phosphatic materials  and basic slag, both total and available phosphate and the degree  of fineness, and for bone, tankage and other organic phosphatic materials,  total phosphate;
      3. Additional plant nutrients when mentioned  or claimed on the label, container or advertising material, shall  be registered and guaranteed, and guarantees shall be made on the  percentage elemental basis with sources of the elements shown. When  any plant nutrients or other substances or compounds are guaranteed,  they shall be subject to inspection and analysis in accord with the  methods and regulations prescribed by the department;
      4. Potential basicity or acidity expressed  in terms of calcium carbonate equivalent in multiples of one hundred  (100) pounds per ton.
    10. “Investigational allowance” means an allowance  for variations inherent in the taking, preparation and analysis of  an official sample of fertilizer, soil conditioner or soil amendment;
    11. “Label” means the display of all written,  printed or graphic matter upon the container or statement accompanying  a commercial fertilizer, soil amendment or soil conditioner;
    12. “Labeling” means all written, printed  or graphic matter upon or accompanying any commercial fertilizer,  or advertisements, brochures, posters and television or radio announcements  used in promoting the sale of commercial fertilizers, soil amendments  or soil conditioners;
    13. “Mixed fertilizer” means a commercial  fertilizer containing any combination or mixture of fertilizer materials;
    14. “Official sample” means any sample of  fertilizer, soil conditioner or soil amendment taken by the director;
    15. “Percent” or “percentage” means the percentage  by weight;
    16. “Person” means any individual, partnership,  association, corporation, or organized group of persons whether incorporated  or not;
    17. “Primary nutrient” means the plant nutrients  nitrogen (N), available phosphate (P2O5) or soluble potash (K2O);
    18. “Registrant” means the person who registers  commercial fertilizers, soil amendments or soil conditioners under  the provisions of this act. The registrant may also be the distributor;
    19. “Sell” or “sale” means exchange of ownership  or transfer of custody;
    20. “Soil amendment” or “soil conditioner”  means any material which improves the physical or chemical soil characteristics  and is manufactured and sold for such purposes but which is not added  for its plant food content;
    21. “Specialty fertilizer” means a commercial  fertilizer distributed primarily for nonfarm use such as home gardens,  lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries,  greenhouses and nurseries;
    22. “Ton” means a net weight of two thousand  (2,000) pounds avoirdupois;
    23. “Organic fertilizer” means a material  containing carbon and one (1) or more elements other than hydrogen  and oxygen essential for plant growth, and allowed for use under the  Organic Foods Production Act of 1990, as promulgated by the United  States department of agriculture “National List of Allowed and Prohibited  Substances” rule;
    24. “Secondary or micro plant nutrients” means  nutrients other than the primary nutrients that are essential for  the normal growth of plants and that may need to be added to the growth  medium. Secondary plant nutrients shall include calcium, magnesium  and sulfur. Micro plant nutrients shall include boron, chlorine, cobalt,  copper, iron, manganese, molybdenum, nickel, sodium and zinc;
    25. “This act” means W.S. 11-14-101 through 11-14-118 .

History. Laws 1971, ch. 88, § 3; W.S. 1957, § 11-195; W.S. 1977, § 11-17-103 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1995, ch. 46, § 2; 2009, ch. 92, § 3.

The 2009 amendment, effective July 1, 2009, in (a)(xvii) inserted “the plant nutrients” preceding “nitrogen”, deleted “phosphorus, and” preceding “soluble potash”, and deleted “or potassium” thereafter, and added the chemical elements following “nitrogen”, “phosphate” and “soluble potash”, redesignated former (a)(xxviii) as (xxv), added (a)(xxviii) and (xxiv), and substituted “11-14-118” for “11-14-117” in (xxv).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-14-104. Registration of fertilizer, soil conditioner and soil amendments; applications; fees; disposition thereof; exceptions.

  1. Each brand and grade of commercial fertilizer  shall be registered with the department before being distributed in  this state. The application for registration shall be submitted on  forms furnished by the department and shall include the following  information:
    1. The brand and grade;
    2. The guaranteed analysis;
    3. The name and address of the registrant  or the distributor;
    4. The sources from which the nitrogen, phosphorus  or phosphate and potassium are derived;
    5. Additional plant nutrients, when claimed,  the percentage guaranteed and the sources, provided, the minimum percentages  which will be accepted for registration are those recognized by the  Association of American Plant Food Control Officials.
  2. Each soil conditioner and soil amendment  shall be registered with the department before being distributed in  this state. The application for registration shall be submitted on  forms furnished by the department and shall include the following  information:
    1. The brand;
    2. Guaranteed analysis on label;
    3. The name and address of the registrant  or the distributor.
  3. A registration fee of one hundred fifteen dollars ($115.00) shall accompany each separate formula of brand and grade of fertilizer, soil conditioner or soil amendment to be registered. The registration expires on December 31 next following the date of application and shall be renewed annually. All registration fees collected shall be deposited in the state general fund and may be appropriated by the legislature for programs authorized by W.S. 11-2-202(a)(v), 11-14-101 through 11-14-116 and 11-16-105(a)(v).
  4. A distributor or registrant is not required  to register any commercial fertilizer, specialty fertilizer, soil  conditioner or soil amendment which is already registered under this  act by another person if the label does not differ in any respect.
  5. A distributor or registrant is not required  to register each grade of commercial fertilizer, soil conditioner  or soil amendment formulated according to specifications furnished  by a consumer prior to preparation.

History. Laws 1971, ch. 88, § 4; W.S. 1957, § 11-196; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-17-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 147, § 1; 1995, ch. 46, § 2; 2020, ch. 26, § 1.

The 2020 amendment, effective July 1, 2020, in (c), substituted “registration fee of one hundred fifteen dollars ($115.00)” for “registration fee of seventy-five dollars ($75.00).”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-105. Label requirements.

  1. Any commercial fertilizer, soil amendment  or soil conditioner distributed in this state in containers shall  have affixed to the container a label setting forth in clearly legible  and conspicuous form the information required by W.S. 11-14-104(a) and (b), the month and year of preparation or lot number,  and shall show the net weight stated in both metric units and avoirdupois.  In case of bulk shipments, this information in written or printed  form shall accompany delivery and be supplied to the purchaser at  time of delivery.
  2. A commercial fertilizer, soil conditioner  or soil amendment formulated according to specifications furnished  by a consumer prior to mixing shall be labeled to show the net weight  stated in both metric units and avoirdupois, guaranteed analysis and  the name and address of the registrant or the distributor.

History. Laws 1971, ch. 88, § 5; W.S. 1957, § 11-197; W.S. 1977, § 11-17-105 ; Laws 1978, ch. 32, § 1; 1995, ch. 46, § 2; 2009, ch. 92, § 3.

Cross references. —

As to misbranding fertilizer, see § 11-14-109 .

The 2009 amendment, effective July 1, 2009, in (a), inserted “, the month and year of preparation or lot number,” in the first sentence.

§ 11-14-106. [Repealed.]

Repealed by Laws 1993, ch. 147, § 2.

Editor's notes. —

This section, which derived from Laws 1971, ch. 88, § 6, related to reports of sales to nonregistrants.

§ 11-14-107. Sampling of fertilizer, soil amendment or soil conditioner.

  1. The director or his designee shall sample,  inspect, make analyses of and test commercial fertilizers, soil conditioners  and soil amendments distributed within this state at any time and  place and to the extent he deems necessary to determine whether they  are in compliance with this act. The director or his designee may  enter upon any premises or carriers during regular business hours  to have access to commercial fertilizers, soil amendments or soil  conditioners subject to the provisions of this act and to the records  relating to their distribution.
  2. The methods of sampling analysis shall  be those adopted by the Association of Official Analytical Chemists  (AOAC). In cases not covered by such methods, or in cases where methods  are available in which improved applicability has been demonstrated,  the department may adopt such appropriate methods from other sources.
  3. The department in determining whether  any commercial fertilizer is deficient in plant food shall be guided  solely by the official sample obtained and analyzed as provided for  in subsection (b) of this section.
  4. Official samples establishing a penalty  for nutrient deficiency shall be retained for a minimum of ninety  (90) days from issuance of a deficiency report. A deficiency in an  official sample of mixed fertilizer resulting from nonuniformity is  not distinguishable from a deficiency due to actual plant nutrient  shortage and is properly subject to official action.
  5. For purposes of this act, the results  of official analysis shall be final, unless it is determined by the  director that a resample is warranted. Should a distributor or registrant  request a resample of a fertilizer based upon the director’s findings  of a deficiency, all costs associated with the resampling and analysis  shall be borne by the distributor or registrant. If results of the  resampling establish the results of first analysis were invalid, the  department shall bear the costs associated with the resampling.

History. Laws 1971, ch. 88, § 7; W.S. 1957, § 11-199; W.S. 1977, § 11-17-107 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1995, ch. 46, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-108. Reimbursement of purchaser of deficient fertilizer.

When a fertilizer is deficient in any element beyond recognized investigational allowances, the distributor or registrant must reimburse the purchaser of the fertilizer an amount equal to double the current market value of the fertilizer as determined by the state chemical and bacteriological laboratory.

History. Laws 1971, ch. 88, § 8; W.S. 1957, § 11-200; W.S. 1977, § 11-17-108 ; Laws 1978, ch. 32, § 1; 1995, ch. 46, § 2.

§ 11-14-109. Misbranded or adulterated fertilizer, soil conditioner or soil amendment; distribution of unregistered fertilizer.

  1. No person shall distribute misbranded  fertilizer, soil conditioners or soil amendments. A commercial fertilizer,  soil conditioner or soil amendment is misbranded if:
    1. Its labeling is false or misleading in  any particular way, including being labeled organic fertilizer, when  its use is not allowed pursuant to the United States department of  agriculture “National List of Allowed and Prohibited Substances” rule;
    2. It is distributed under the name of another  fertilizer, soil conditioner or soil amendment;
    3. It is not labeled as required in W.S. 11-14-105 and in accordance with regulations prescribed under this  act.
  2. No person shall distribute an adulterated  fertilizer, soil conditioner or soil amendment. A commercial fertilizer,  soil conditioner or soil amendment is adulterated if:
    1. It contains any deleterious or harmful  ingredient in sufficient amount to render it injurious to beneficial  plant life when applied in accordance with directions for use on the  label, or if adequate warning statements or directions for use which  may be necessary to protect plant life are not shown upon the label;
    2. Its composition falls below or differs  from that which it is purported to possess by its labeling;
    3. It contains unwanted crop seed or weed  seed; or
    4. A commercial fertilizer that contains  guaranteed amounts of phosphates or micronutrients, contains metals  in amounts greater than the levels of metals established by the following  table:

      Metal ppm per 1% PO 2 5 ppm per 1% micronutrients Arsenic 13 112 Cadmium 10 83 Cobalt 3,100 23,000* Lead 61 463 Mercury 1 6 Molybdenum 42 300* Nickel 250 1,900 Selenium 26 180 Zinc 420 2,900* (*only applies when not guaranteed)

      Click to view

      The table shall be used according to the following three (3) situations:

      1. For fertilizers with a phosphate guarantee,  but no micronutrient guarantee, multiply the percent guaranteed P2O5 in the  product by the values in the table to obtain the maximum allowable  concentration of each metal. The minimum value for P2O5 utilized as a multiplier  shall be six (6.0);
      2. For fertilizers with one (1) or more micronutrient  guarantee, but no phosphate guarantee, multiply the sum of the guaranteed  percentages of all micronutrients in the product by the value in the  appropriate column in the table to obtain the maximum allowable concentration  (in parts per million, or ppm) of each metal. The minimum value for  micronutrients utilized as a multiplier shall be one (1);
      3. For fertilizers with both a phosphate  and a micronutrient guarantee, multiply the guaranteed percent P2O5 by the  value in the appropriate column. The minimum value for P2O5 utilized  as a multiplier shall be one (1). Then, multiply the sum of the guaranteed  percentages of the micronutrients by the value in the appropriate  column. The minimum value for micronutrients utilized as a multiplier  shall be one (1). Then, utilize the higher of the two (2) resulting  values as the maximum allowable concentration (ppm) of each metal.
  3. No person shall distribute unregistered  fertilizers, soil conditioners or soil amendments.
  4. No person shall distribute fertilizers,  soil conditioners or soil amendments that are short weight. All provisions  for enforcement of items found to be short weight shall be administered  by the department under W.S. 40-10-117 through 40-10-136 of the weights and measures law.
  5. Any penalties resulting from violations  of these heavy metal standards shall accrue to the registrant of the  material that violates the heavy metal standard.

History. Laws 1971, ch. 88, § 9; W.S. 1957, § 11-201; W.S. 1977, § 11-17-109; Laws 1978, ch. 32, § 1; 1995, ch. 46, § 2; 2009, ch. 92, § 3.

The 2009 amendment, effective July 1, 2009, in the introductory language of (a)(i) added “including being labeled organic fertilizer, when its use is not allowed pursuant to the United States department of agriculture ‘National List of Allowed and Prohibited Substances’ rule”, added (b)(iv), and added (e).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-110. [Repealed.]

Repealed by Laws 1995, ch. 46, § 3.

Editor's notes. —

This section, which derived from Laws 1971, ch. 88, § 10, related to publication of distribution and analyses information.

§ 11-14-111. Rules and regulations.

The director may prescribe and enforce rules and regulations relating to investigational allowances, definitions, records and the distribution of commercial fertilizers, soil conditioners and soil amendments as necessary to carry out the provisions of this act.

History. Laws 1971, ch. 88, § 11; W.S. 1957, § 11-203; W.S. 1977, § 11-17-111; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-112. Refusal, suspension or cancellation of registration; hold orders; release.

  1. A registration may be refused, suspended  or cancelled for any formula of fertilizer, soil conditioner or soil  amendment as herein provided, upon evidence that the product is misbranded  or adulterated. A hold order may be issued to the owner or custodian  of any lot of fertilizer, soil conditioner or soil amendment to stop  sale, use or removal and to hold at a designated place when the director  finds the product is being offered for sale in violation of this act,  until the law has been complied with and the product is released in  writing by the director or the violation has been otherwise legally  disposed of by a court of competent jurisdiction.
  2. No person shall make any false or misleading  representation with regard to any fertilizer, soil conditioner or  soil amendment sold, offered or exposed for sale by the person in  this state, either as principal or agent. No person shall use any  false, misleading or deceptive brand or grade in connection therewith.  The penalties provided by subsection (a) of this section shall apply  to any violation of this subsection.

History. Laws 1971, ch. 88, § 12; W.S. 1957, § 11-204; W.S. 1977, § 11-17-112; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3; 1995, ch. 46, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-113. Seizure and disposition of fertilizer found to be in violation; right to application for release.

Any lot of commercial fertilizer, soil conditioner or soil amendment not in compliance with this act is subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the commercial fertilizer, soil conditioner or soil amendment is located. If the court finds the commercial fertilizer, soil conditioner or soil amendment to be in violation of this act and orders the condemnation of the commercial fertilizer, soil conditioner or soil amendment, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state, but in no instance shall the disposition of the commercial fertilizer, soil conditioner or soil amendment be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer to bring it into compliance with this act.

History. Laws 1971, ch. 88, § 13; W.S. 1957, § 11-205; W.S. 1977, § 11-17-113; Laws 1978, ch. 32, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-114. Notice of violation; hearing; penalty; duty of district attorney; injunctions.

  1. If examination of any commercial fertilizer,  soil conditioner or soil amendment indicates that this act or the  rules and regulations issued thereunder have been violated, the director  shall give notice of the violations and an opportunity for a hearing  to the registrant or distributor. If it appears after the hearing  that this act or rules and regulations issued thereunder have been  violated, the director may certify the facts to the proper district  attorney.
  2. Any person convicted of violating this  act or the rules and regulations issued thereunder is guilty of a  misdemeanor and shall be fined not less than fifty dollars ($50.00)  nor more than one thousand dollars ($1,000.00) for each offense, or  the director may apply to the district court for the purpose of preventing  further violation.
  3. The director is not required to report  for prosecution or for the institution of seizure proceedings minor  violations when he believes that the public interests will be best  served by a suitable notice of warning in writing.
  4. Each district attorney to whom any violation  is reported shall cause appropriate proceedings to be instituted and  prosecuted in a court of competent jurisdiction without delay. Violations  of this act may be enjoined by proceedings brought by the district  attorney of the proper county, or by the attorney general, regardless  of whether criminal proceedings have been instituted, provided the  director has entered a finding pursuant to this act.
  5. The director may apply for and the court  may grant a temporary or permanent injunction, without bond, restraining  any person from violating or continuing to violate this act or any  rule or regulation promulgated under the act notwithstanding the existence  of other remedies at law.

History. Laws 1971, ch. 88, § 14; W.S. 1957, § 11-206; W.S. 1977, § 11-17-114; Laws 1978, ch. 32, § 1; 1981, Sp. Sess., ch. 22, § 1; 1993, ch. 191, § 3; 1995, ch. 46, § 2.

Cross references. —

As to injunctions generally, see ch. 28 of title 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-115. Action for damages to crops; evidence.

  1. Nothing in this act shall preclude the  right of a purchaser to bring an action for any damages to crops,  land or livestock by reason of misbranded, adulterated or deficient  fertilizer, soil conditioner or soil amendment.
  2. The department shall, upon demand, make  all results of samplings, inspections and laboratory analyses available  to any purchaser of fertilizer, soil conditioner or soil amendment.
  3. In a civil action for damages against  any distributor or manufacturer of any misbranded or deficient fertilizer,  soil conditioner or soil amendment, all results of the department  samplings, inspections or laboratory analyses shall be competent evidence  before any court where such civil action is pending.
  4. The results of a criminal action for violation  of this act is competent evidence in any civil action for misbranding  or deficiency of any fertilizer, soil conditioner or soil amendment.

History. Laws 1969, ch. 204, § 2; W.S. 1957, § 11-207; W.S. 1977, § 11-16-101 ; Laws 1978, ch. 32, § 1; 2009, ch. 92, § 3.

The 2009 amendment, effective July 1, 2009, in (a) inserted “, adulterated” following “misbranded”.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-116. Sales between importers, manufacturers or manipulators excepted from provisions.

Nothing in this act shall restrict or avoid sales or exchanges of commercial fertilizers, soil conditioners or soil amendments to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale, or prevent the free and unrestricted shipment of commercial fertilizers, soil conditioners or soil amendments to manufacturers or manipulators who have registered their brands as required by this act.

History. Laws 1971, ch. 88, § 15; W.S. 1957, § 11-208; W.S. 1977, § 11-17-115; Laws 1978, ch. 32, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

Severability. —

Section 16, chapter 88, Laws 1971, reads: “If any clause, sentence, paragraph, or part of this Act shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in the operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.”

§ 11-14-117. Cooperation with other entities.

The department may cooperate with and enter into agreement with governmental agencies of this state, other states, agencies of the federal government and any nongovernmental entity in order to carry out the purpose and provisions of this act.

History. Laws 1995, ch. 46, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-14-103(a)(xxv).

§ 11-14-118. Registration of ammonium nitrate.

[2009 Wyoming Session Laws, Chapter 92, provides this section is effective on and after July 1, 2009 only upon certification of the governor to the secretary of state that the United States department of homeland security has published final federal rules under H.R. 2764, Subtitle J, Secure Handling of Ammonium Nitrate or its successor. As of the date of the publication of the 2019 Wyoming statutes no such certification had been made.]

  1. Any person who possesses ammonium nitrate  or regulated ammonium nitrate materials shall be registered with the  department. The registration application shall be on a form approved  by the director in consultation with and upon the recommendation of  the director of the office of homeland security. The director shall  charge an annual registration fee not to exceed fifty dollars ($50.00).  Nothing in this section shall require the registration of any person  who produces, sells or purchases ammonium nitrate exclusively for  use in the production of an explosive under a license or permit issued  under chapter 40 of title 18, U.S.C.
  2. Ammonium nitrate and regulated ammonium  nitrate materials shall be secured to provide reasonable protection  against vandalism, theft or other unauthorized use. Reasonable protection  may include, but not be limited to, ensuring that storage facilities  are fenced and locked when unattended, and inspected daily for signs  of attempted entry or vandalism to any storage facility. The director  in consultation with or upon the recommendation of the director of  the office of homeland security, may recommend other security measures.  The director shall work in consultation with or upon the recommendation  of the director of the office of homeland security to provide information  to ammonium nitrate users on appropriate security measures.
  3. A distributor shall record the date of  sale and quantity sold, the valid state or federal driver’s license  number, the current physical address and telephone number for the  purchaser of ammonium nitrate or regulated ammonium nitrate materials.  If the purchaser obtains physical possession of ammonium nitrate or  regulated ammonium nitrate material, the distributor shall obtain  the registrant’s registration number as a condition of completing  the sale. A registrant, if not a distributor, shall record the date  of application. All sale and application records shall be retained  by each registrant for a period of not less than two (2) years.
  4. Registrants shall comply with all federal  and state requirements regarding the dissemination of any information,  providing the director and the director of the office of homeland  security access to the records.
  5. For the purposes of this section:
    1. “Ammonium nitrate” means chiefly the ammonium  salt of nitric acid. Ammonium nitrate shall not contain less than  thirty-three percent (33%) nitrogen, one-half (1/2) of which is the  ammonium form and one-half (1/2) of which is the nitrate form;
    2. “Regulated ammonium nitrate materials”  means regulated ammonium nitrate material fertilizer products which  have been determined by the director in consultation with and upon  the recommendation of the director of the office of homeland security  to warrant regulation based on the potential explosive capacity of  the fertilizer material determined by the ammonium nitrate content.

History. Laws 2009, ch. 92, § 2.

Editor's notes. —

Laws 2009, ch. 92, § 1, effective July 1, 2009, provides: “Section 2 of this act shall be effective only if the United States department of homeland security publishes final federal rules under H.R. 2764, Subtitle J, Secure Handling of Ammonium Nitrate or its successor. The governor shall certify to the secretary of state the occurrence of the publication of such final federal rules and section 2 of this act shall be effective on the date the certification is filed with the secretary of state. In preparing copy for printing and arranging and furnishing copies of this act for the printer of the session laws or the Wyoming statutes, the legislative service office is authorized to display the provisions of this act in a manner which most effectively displays the contingencies provided in this act.”

Chapter 15 Grading and Shipment of Potatoes

Cross references. —

As to definition of the term “director,” see § 11-1-101 .

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture § 2.

3 C.J.S. Agriculture § 3; 36A C.J.S. Food §§ 2, 4, 6 et seq.

§ 11-15-101. Grades, classifications and standards.

In order to make the grading and classification of potatoes uniform throughout the United States, the director shall adopt by rule and grades, standards and classifications for potatoes lawfully established by the United States department of agriculture.

History. Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-15-102. Definitions.

  1. As used in this act:
    1. “Carlot” or “carload” means any railroad  car, truck or trailer, regardless of size;
    2. “This act” means W.S. 11-15-101 through 11-15-112 ;
    3. “Director” means the director of the department  of agriculture.

History. Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-15-103. Sorting and grading.

Carlot shipments of potatoes originating in Wyoming shall be sorted and graded at point of origin upon request of a majority of the potato growers from the county making shipments from any shipping points within the county as designated by the director.

History. Laws 1925, ch. 95, § 1; R.S. 1931, § 5-801; C.S. 1945, § 34-801; W.S. 1957, § 11-230; W.S. 1977, § 11-18-103 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-15-104. Director to appoint inspectors; term.

This act shall be enforced by qualified inspectors appointed by the director and licensed by the United States department of agriculture. They shall keep their licenses current and in good standing at all times when employed by the director. They shall serve at the pleasure of the director.

History. Laws 1925, ch. 95, § 4; R.S. 1931, § 5-804; C.S. 1945, § 34-804; W.S. 1957, § 11-231; W.S. 1977, § 11-18-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-15-102(a)(ii).

§ 11-15-105. Conformity to applicable standards required; inspection; certificate, use thereof as evidence.

  1. No person shall pack, offer, consign or  sell in carload lots any potatoes loaded within the state which do  not conform to applicable standards, subject to such variations therefrom  as provided by regulations adopted in accordance with this act, unless  such potatoes are specifically described, or plainly marked, in accordance  with regulations to indicate they are ungraded or unclassified.
  2. Whenever grades, standards or classification  have been established for potatoes, it is unlawful for any shipper  to ship carload lots of potatoes without being inspected by an authorized  inspector. The inspector shall issue a certificate of inspection showing  grade, standard or other classification. The certificate shall be  issued in duplicate, one (1) copy shall be attached to bill of lading  and one (1) copy shall be issued to the shipper.
  3. A certificate of the grade or other classification  of potatoes, when not reversed or modified, shall be accepted in any  court of this state as prima facie evidence of the true grade or classification  of the potatoes at the time of grading or classification.

History. Laws 1925, ch. 95, § 4; R.S. 1931, § 5-804; C.S. 1945, § 34-804; W.S. 1957, § 11-231; W.S. 1977, § 11-18-104 ; Laws 1978, ch. 32, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-15-102(a)(ii).

§ 11-15-106. Reports of inspections required.

The director shall make reports to the United States department of agriculture on July 1 each year.

History. Laws 1925, ch. 95, § 4; R.S. 1931, § 5-804; C.S. 1945, § 34-804; W.S. 1957, § 11-231; W.S. 1977, § 11-18-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-15-107. Director to promulgate regulations; board approval required.

Subject to approval of the board of agriculture, the director may promulgate regulations necessary to carry out the provisions of this act. The regulations shall conform as nearly as practicable to any act of congress or standards legally adopted by any federal agency relating to the marketing of farm products.

History. Laws 1925, ch. 95, § 4; R.S. 1931, § 5-804; C.S. 1945, § 34-804; W.S. 1957, § 11-231; W.S. 1977, § 11-18-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-15-102(a)(ii).

§ 11-15-108. Director engaging in potato business prohibited.

The director is prohibited from engaging in the business of buying, selling or commission dealing in potatoes.

History. Laws 1925, ch. 95, § 4; R.S. 1931, § 5-804; C.S. 1945, § 34-804; W.S. 1957, § 11-231; W.S. 1977, § 11-18-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-15-109. Inspection upon request of interested party; issuance of certificate; fees.

The director, upon request of any interested party, may furnish a licensed inspector to inspect any lot of potatoes within the state whether the potatoes originated in Wyoming or elsewhere, and may issue a federal or state certificate showing grade, quality and condition of such potatoes which will be receivable as prima facie evidence in any court in Wyoming. This provision includes storage, inspection and less than carload lots. For this inspection the department shall be paid by the party asking for inspection the fees established by the board of agriculture, not to exceed actual costs of inspection and all traveling expenses to and from the place of inspection.

History. Laws 1925, ch. 95, § 4; R.S. 1931, § 5-804; C.S. 1945, § 34-804; W.S. 1957, § 11-231; W.S. 1977, § 11-18-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-15-110. Reinspection on request; cost.

Any interested party may demand a reinspection at point of origin if the grade established by the licensed inspector is not satisfactory. The reinspection may be made by an inspector authorized by the director or by an inspector of the United States department of agriculture. The reinspection shall be made at the expense of the party requesting the service.

History. Laws 1925, ch. 95, § 4; R.S. 1931, § 5-804; C.S. 1945, § 34-804; W.S. 1957, § 11-231; W.S. 1977, § 11-18-104 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-15-111. Inspection fees; exception; when inspection not required; consent of director; certification of certain shipments.

A fee established by the board of agriculture not to exceed actual costs of inspection shall be paid on all shipments of potatoes inspected within the district except those designated for manufacturing purposes on which no fee shall be charged. With the consent of the director, potatoes for seed stock may be moved to storage within the state without inspection. When potatoes are shipped without inspection within the state the shipper shall not be provided with a certificate. Other shipments of seed stock must conform to the requirements of grade no. 1 except with regard to size, and the certificate must contain a statement designating variety, trueness to type and percent defects with regard to disease and other blemishes.

History. Laws 1925, ch. 95, § 5; R.S. 1931, § 5-805; C.S. 1945, § 34-805; W.S. 1957, § 11-232; W.S. 1977, § 11-18-105 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

§ 11-15-112. Prohibited acts; penalties.

Whoever removes any inspection certificate before a car is entirely unloaded, or whoever except an authorized inspector alters any inspection certificate, or whoever without using reasonable diligence to secure inspection fails or neglects to have potatoes inspected before shipping, or whoever hinders, molests or attempts to influence any inspector in the performance of his duties, or whoever violates this act is guilty of a misdemeanor and shall be fined for each violation not exceeding five hundred dollars ($500.00) and the costs of the prosecution, or shall be imprisoned not exceeding six (6) months, or both. Any inspector who fails or neglects to perform the duties imposed by this act shall suffer the penalty herein provided.

History. Laws 1925, ch. 95, § 6; R.S. 1931, § 5-806; C.S. 1945, § 34-806; W.S. 1957, § 11-233; W.S. 1977, § 11-18-106 ; Laws 1978, ch. 32, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-15-102(a)(ii).

Chapter 16 Conservation Districts

Severability. —

Section 18, ch. 134, Laws 1941, reads: “If any section, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed this act, and each sentence, section, clause or phrase thereof, irrespective of the fact that any one or more other sections, sentences, clauses or phrases be declared unconstitutional.”

Repealing clauses. —

Section 19, ch. 134, Laws 1941, reads: “Insofar as any of the provisions of this act conflict with the provisions of any other act, the provisions of this act shall be controlling.”

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture §§ 20, 25, 28-29, 32; 16A Am. Jur. 2d Constitutional Law § 324 to 327, 369, 370; 56 Am. Jur. 2d Municipal Corporations §§ 10, 12 to 15.

3 C.J.S. Agriculture §§ 25 to 64.

§ 11-16-101. Short title.

This act may be cited as the “Wyoming Conservation Districts Law.”

History. Laws 1941, ch. 134, § 1; C.S. 1945, § 34-1401; W.S. 1957, § 11-234; Laws 1959, ch. 193, § 1; 1971, ch. 111, § 1; W.S. 1977, § 11-19-101 ; Laws 1978, ch. 32, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-16-102(a)(xii).

Library references. —

17 Nat. Resources & Env't Law Review 73.

§ 11-16-102. Definitions.

  1. As used in this act:
    1. “Agency of this state” means any subdivision,  agency or instrumentality, corporate or otherwise, of the government  of this state;
    2. “At large member” means any registered  voter and taxpayer within the county;
    3. “Commission” or “state conservation commission”  means the state board of agriculture;
    4. “Conservation” means development, improvement,  maintenance, preservation, protection and use of natural resources,  and the control and prevention of floodwater and sediment damages,  and the disposal of excess waters;
    5. “District” or “conservation district”  means a governmental subdivision of this state, and a public body  corporate and politic, organized in accordance with this act;
    6. “Due notice” for those provisions other  than election and referendum provisions, means notice published at  least twice, with an interval of six (6) days between the two (2)  publication dates, in a newspaper of general circulation within the  boundaries of the proposed or organized district, or by posting at  five (5) conspicuous places within the organized or proposed district,  such posting to include, where possible, posting at public places  where it may be customary to post notices concerning county or municipal  affairs generally. Except as otherwise provided in this act, the notice  of any hearing required under this act shall fix the time, place and  purpose, which shall be not less than ten (10) or more than fifteen  (15) days after the first publication or first posting of the notice.  Any hearing held pursuant to such notice may be adjourned from time  to time without renewing the notice for the adjourned dates. Notice  for any election or referendum required by this act shall be as specifically  provided in this act, or if not specifically provided in this act,  as required in the Special District Elections Act of 1994;
    7. “Government” or “governmental” means the  government of this state, the government of the United States, and  any subdivision, agency or instrumentality, corporate or otherwise,  of either of them;
    8. Repealed by Laws 1987, ch. 21, § 3.
    9. Repealed by Laws 1998, ch. 115, § 5.
    10. “Renewable natural resources,” “natural  resources” or “resources,” means land, soil, water, vegetation, trees,  wild rivers, wilderness, natural beauty, scenery and open space;
    11. “Urban” or “urban member” means any registered  voter of an incorporated Wyoming municipality;
    12. “This act” means W.S. 11-16-101 through 11-16-135 .

History. Laws 1941, ch. 134, § 3; C.S. 1945, § 34-1403; W.S. 1957, § 11-235; Laws 1959, ch. 193, § 3; 1971, ch. 111, §§ 2 to 4; 1973, ch. 147, § 2; W.S. 1977, § 11-19-102 ; Laws 1978, ch. 32, § 1; 1987, ch. 21, §§ 2, 3; 1991, ch. 17, § 1; 1998, ch. 115, §§ 2, 5; 2013, ch. 150, § 1.

The 2013 amendment, effective July 1, 2013, substituted “11-16-135” for “11-16-134” in (a)(xii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Stated in

Associated Enters., Inc. v. Toltec Watershed Imp. Dist., 490 P.2d 1069, 1971 Wyo. LEXIS 267 (Wyo. 1971).

§ 11-16-103. Legislative declarations and policy.

  1. It is hereby declared that the farm and  grazing lands of Wyoming are among the basic assets of the state;  that improper land use practices cause and contribute to serious erosion  of these lands by wind and water; that among the consequences which  would result from such conditions are the deterioration of soil and  its fertility and the silting and sedimentation of stream channels,  reservoirs, dams and ditches; that to conserve soil, and soil and  water resources, and prevent and control soil erosion, it is necessary  that land use practices contributing to soil erosion be discouraged  and that appropriate soil conserving land use practices be adopted.
  2. It is hereby declared to be the policy  of the legislature to provide for the conservation of the soil, and  soil and water resources of this state, and for the control and prevention  of soil erosion and for flood prevention or the conservation, development,  utilization, and disposal of water, and thereby to stabilize ranching  and farming operations, to preserve natural resources, protect the  tax base, control floods, prevent impairment of dams and reservoirs,  preserve wildlife, protect public lands, and protect and promote the  health, safety and general welfare of the people of this state.

History. Laws 1941, ch. 134, § 2; C.S. 1945, § 34-1402; W.S. 1957, § 11-236; Laws 1959, ch. 193, § 2; W.S. 1977, § 11-19-103 ; Laws 1978, ch. 32, § 1.

§ 11-16-104. [Repealed.]

Repealed by Laws 1987, ch. 15, § 1.

Cross references. —

As to creation of board of agriculture, see § 11-2-101 .

Editor's notes. —

This section, which derived from Laws 1941, ch. 134, § 4, related to the establishment of the state conservation commission.

Termination of state conservation commission. —

Laws 1987, ch. 15, § 2, terminates the state conservation commission effective July 1, 1987, transfers respective powers and duties to the state board of agriculture and provides for the transfer of employees, revenue, appropriations and property.

§ 11-16-105. State board of agriculture; duties generally.

  1. The commission shall:
    1. Keep a record of its official actions,  adopt a seal, which shall be judicially noticed, and perform acts,  hold public hearings and promulgate rules and regulations as necessary  for the execution of its functions under this act;
    2. Assist and guide districts in the preparation  and carrying out of programs for resource conservation authorized  under this act, review district programs, coordinate the programs  of the several districts and resolve any conflicts, and facilitate,  promote, assist, harmonize, coordinate and guide the resource conservation  programs and activities of districts as they relate to other special  purpose districts, counties and other public agencies;
    3. Keep the supervisors of the districts  organized under this act informed of the activities and experiences  of other districts and facilitate cooperation and an interchange of  advice and experience between the districts;
    4. Coordinate the programs of the several  conservation districts so far as this may be done by advice and consultation;
    5. Recommend the appropriation of state funds  necessary to finance the activities of the commission and the conservation  districts; distribute to conservation districts funds, equipment,  supplies and services received by the commission for that purpose  from any source, subject to conditions made applicable thereto by  any state or federal statute or local ordinance making available the  funds, property or services; issue regulations establishing guidelines  and suitable controls to govern the use by conservation districts  of such funds, property and services; and review all budgets, administrative  procedures and operations of the districts and advise the districts  concerning their conformance with applicable laws and regulations;
    6. Disseminate information throughout the  state concerning the activities and programs of the conservation districts  and encourage the formation of such districts in areas where their  organization is desirable; enlist the cooperation and collaboration  of state, federal, regional, interstate and local public and private  agencies with the conservation districts; facilitate arrangements  under which the conservation districts may serve county governing  bodies and other agencies as their local operating agencies in the  administration of any activity concerned with the conservation of  renewable natural resources; and except as otherwise assigned by law,  carry out the policies of this state in programs at the state level  for the conservation of the renewable natural resources of this state  and represent the state in matters affecting such resources.
  2. Whenever the commission determines that  there exists a substantial conflict between the resources conservation  program of a district and the proposed plans or activities directly  affecting resource conservation prepared by any other local governmental  unit or agency of this state, and the conflict cannot be resolved  through consultation procedures, the commission shall submit a report  to the governor.

History. Laws 1941, ch. 134, § 5; C.S. 1945, § 34-1405; Laws 1947, ch. 140, § 1; W.S. 1957, § 11-238; Laws 1959, ch. 193, § 5; 1971, ch. 111, §§ 6 to 11; W.S. 1977, § 11-19-105 ; Laws 1978, ch. 32, § 1.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-16-102(a)(xii).

§ 11-16-106. Department of agriculture; when contracts invalid.

No contract of the state commission for the payment of money is valid unless the commission has available at the time the contract is made funds sufficient for the payment thereof.

History. Laws 1941, ch. 134, § 5; C.S. 1945, § 34-1405; Laws 1947, ch. 140, § 1; W.S. 1957, § 11-238; Laws 1959, ch. 193, § 5; 1971, ch. 111, §§ 6 to 11; W.S. 1977, § 11-19-105 ; Laws 1978, ch. 32, § 1; 1991, ch. 240, § 1; 1994, ch. 29, § 1.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

§ 11-16-107. Report to director; reports by district supervisors to board.

  1. On or before November 1 each even-numbered  year, the commission shall report to the director of the department  of agriculture the number and acreages of districts in existence or  in process of organization, together with an estimate of the number  and probable acreages of the districts which may be organized during  the ensuing period; the balance of funds, if any, available to the  commission and to the districts; and the estimates of the commission  as to the sums needed for its administrative and other expenses and  for allocation among the several districts during the ensuing period.
  2. The supervisors of the respective districts  shall submit to the commission such statements, estimates, budgets  and other information as the commission may require. The director  shall include the information furnished by the commission in his report  to the governor.

History. Laws 1941, ch. 134, § 17; C.S. 1945, § 34-1417; W.S. 1957, § 11-239; Laws 1959, ch. 193, § 13; 1971, ch. 111, § 12; 1973, ch. 215, § 1; W.S. 1977, § 11-19-106 ; Laws 1978, ch. 32, § 1; 1993, ch. 191, § 3.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

As to report to governor, see § 9-2-1014 .

§ 11-16-108. Petition to form district; contents; consolidation and exclusion.

  1. Any ten (10) owners of land lying within  the limits of the proposed district may file a petition with the commission  asking that a conservation district be organized to function in the  territory described in the petition. The petition shall meet all of  the requirements of W.S. 22-29-105(f). The commission shall act upon the petition for formation  in the same manner as set forth in W.S. 22-29-109 for county commissioners in determining if a petition  for district formation shall be voted upon. When more than one (1)  petition is filed covering parts of the same territory, the commission  may consolidate all or any such petitions, or may exclude from any  petition areas in conflict with another petition or petitions.
    1. through (v) Repealed  by Laws 1998, ch. 115, § 5.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; Laws 1959, ch. 193, § 6; 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1; 1998, ch. 115, §§ 2, 5.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-16-109. Notice and hearing on petition; approval or denial; criteria.

After the hearing, if the commission determines, upon the facts presented at the hearing and other relevant facts that are available, that there is need in the interest of the public health, safety and welfare for a conservation district to function in the territory considered at the hearing, it shall record such determination and define by metes and bounds or by legal subdivisions the boundaries of the district. In making the determination and defining the boundaries, the commission shall give weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the carrying capacity and condition of grazing lands, the numbers of livestock grazed, the prevailing land use and management practices, the desirability and necessity of including within the district the particular lands under consideration and the benefits such land may receive from being included within the district, the relation of the proposed district to existing watersheds and agricultural regions and to other conservation districts already organized or proposed for organization, and such other physical, geographical and economic factors as are relevant, having due regard to the legislative policy set forth in W.S. 11-16-103 . The territory included within the district need not be contiguous. If the commission determines there is no need for a conservation district to function in the territory considered at the hearing, it shall record such determination and deny the petition. Any owner of lands within a proposed district which is less than a countywide district may have his owned and leased lands excluded from the proposed district upon presentation of a petition and description of the lands to the commission not less than seven (7) days prior to the holding of the referendum for the organization of the district.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; Laws 1959, ch. 193, § 6; 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1; 1987, ch. 21, § 2; 1998, ch. 115, § 2.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

§ 11-16-110. Canvass of ballots.

  1. Repealed by Laws 1998, ch. 115, § 5.
  2. Repealed by Laws 1987, ch. 21, § 3.
  3. Repealed by Laws 1998, ch. 115, § 5.
  4. Repealed by Laws 1987, ch. 21, § 3.
  5. Immediately after the polls close, the  referendum officers shall canvass the ballots. The results disclosed  by the canvass shall be certified by the commission.
  6. If a majority of the qualified electors  voting in the referendum favor the formation of the district, the  proposal to organize the proposed district shall carry and the commission  shall proceed to make the determination required in W.S. 11-16-112 . If the majority of the qualified electors voting in  the referendum are against the organization of the district, the proposal  to form the district shall fail and the commission shall deny the  petition. The commission shall promptly make public the result of  the referendum.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; Laws 1959, ch. 193, § 6; 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1; 1987, ch. 21, §§ 2, 3; 1998, ch. 115, §§ 2, 5.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

§ 11-16-111. Board of agriculture to provide for issuance of notices, conduct of hearings and referenda.

The commission shall provide for the issuance of notices and the conduct of hearings and referenda by appropriate regulations. It shall provide for registration prior to the date of the referendum of all eligible voters, or prescribe some other appropriate procedure for the determination of those eligible as voters in the referendum.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1; 1998, ch. 115, § 2.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

§ 11-16-112. Result of referendum; announcement; practicability of district; determination; criteria.

After making public the result of the referendum, the commission shall consider and determine whether the operation of the district within the defined boundaries is administratively practicable. If the commission determines the operation of the district is not administratively practicable, it shall record the determination and deny the petition. If the commission determines that the operation of the district is administratively practicable, it shall record the determination and proceed with the organization of the district. In making the determination the commission shall give regard to the attitudes of the voters lying within the defined boundaries, the number of voters eligible to vote in the referendum who voted, the proportion of votes cast in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the owners of land of the proposed district, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors as are relevant.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; Laws 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1; 1987, ch. 21, § 2; 1998, ch. 115, § 2.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

§ 11-16-113. Establishment of district.

  1. If the commission determines the operation  of the proposed district is administratively practicable, it shall  appoint two (2) supervisors who are owners of land in the district  to act with three (3) supervisors elected as provided hereinafter  as the governing body of the district. The district shall be a governmental  subdivision of this state and a public body corporate and politic.  The two (2) appointed supervisors shall present to the secretary of  state an application signed by them setting forth by recital only  and not in detail:
    1. That a petition for the creation of the  district was filed with the commission pursuant to the provisions  of this act, and the proceedings specified in the act were taken pursuant  to the petition;
    2. That the application is filed to complete  the organization of the district as a governmental subdivision and  a public body, corporate and politic, under this act;
    3. That the commission has appointed them  as supervisors;
    4. The name and official residence of each  supervisor and a certified copy of the appointment evidencing his  right to office;
    5. The term of office of each supervisor;
    6. The name of the district; and
    7. The location of the principal office of  the supervisors of the district.
  2. The application shall be subscribed and  sworn to by each supervisor before an officer authorized to administer  oaths, who shall certify upon the application that he personally knows  the supervisors and knows them to be the officers affirmed in the  application, and that each has subscribed thereto in the officer’s  presence. The application shall be accompanied by a certified statement  by the commission, setting forth the boundaries of the district but  otherwise containing no detail other than the mere recitals that:
    1. A petition was filed, notice issued and  hearing held as required by law;
    2. The commission determined that there is  need, in the interest of the public health, safety and welfare, for  a conservation district to function in the proposed territory and  did define the boundaries;
    3. Notice was given and a referendum held  on the question of the creation of such district;
    4. The result of the referendum showed a  majority of the votes cast in favor of the creation of the district;  and
    5. The commission did determine the operation  of the proposed district is administratively practicable.
  3. The secretary of state shall examine the  application and statement and if he finds the name proposed for the  district is not so similar to that of another conservation district  as to cause confusion or uncertainty, he shall record them in an appropriate  book in his office. If the secretary of state finds the name proposed  for the district is so similar to that of any other conservation district  of this state as to lead to confusion, he shall certify that fact  to the commission, which shall submit a new name for the district  which is not subject to such defects. Upon receipt of the new name  the secretary of state shall record the application and statement,  with the name so modified, in an appropriate book. When the application  and statement have been made, filed and recorded, the district is  a governmental subdivision of this state and a public body corporate  and politic. The secretary of state shall issue to the supervisors  a certificate, under the seal of the state, of the organization of  the district, and shall record the certificate with the application  and statement. The boundaries of the district shall include the territory  determined by the commission, but shall not include any area included  within the boundaries of another conservation district organized under  this act.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; Laws 1959, ch. 193, § 6; 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-16-102(a)(xii).

§ 11-16-114. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

This section, which derived from Laws 1991, ch. 139, § 6, related to filing subsequent petitions six months after the date of denial of a petition.

§ 11-16-115. Districts; transfer of land; division or consolidation; change in name.

  1. Upon written request of the board of supervisors  of the conservation district or districts involved, with a showing  that the request is approved by a majority vote of the members of  each board involved the commission may, by administrative order:
    1. Transfer lands from one district to another;
    2. Divide a single district into two (2)  or more districts, each of which shall thereafter operate as a separate  district; or
    3. Consolidate two (2) or more districts  to operate thereafter as a single district.
  2. The secretary of state shall make and  issue a corrected certificate of organization upon receipt of such  certification from the commission.
  3. Petitions for a change in the name of  a conservation district may be submitted to the commission by the  board of supervisors of a conservation district. If the commission  approves the change of name, it shall certify the change to the secretary  of state and shall notify the board of supervisors of the conservation  district of the change, setting out in the notice the new name of  the district. The secretary of state shall make and issue a corrected  certificate of organization upon receipt of such certification from  the commission.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; Laws 1959, ch. 193, § 6; 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

§ 11-16-116. Districts; proof of organization.

In any suit, action or proceeding relating to any action of the district, the district is deemed to have been established in accordance with this act upon proof of the issuance of the certificate by the secretary of state. A copy of the certificate certified by the secretary of state is admissible in evidence in any suit, action or proceeding and is proof of the filing and contents thereof.

History. Laws 1941, ch. 134, § 6; 1945, ch. 6, § 1; C.S. 1945, § 34-1406; W.S. 1957, § 11-240; Laws 1971, ch. 111, §§ 13 to 15; W.S. 1977, § 11-19-107 ; Laws 1978, ch. 32, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-16-102(a)(xii).

§ 11-16-117. Districts; termination; dissolution procedures; determination by board of agriculture; legal effects of dissolution.

  1. After five (5) years after the organization  of a district under this act, any ten (10) owners of land lying within  the district may petition the commission that the operations of the  district be discontinued and the existence of the district terminated.  The commission may conduct public meetings and hearings upon the petition  as necessary in the consideration thereof. Within sixty (60) days  after a petition has been filed with the commission, it shall give  notice of a referendum as provided in the Special District Elections  Act of 1994. The commission shall supervise the referendum and issue  appropriate regulations governing the conduct thereof. The question  shall be submitted by ballots upon which the words “For terminating  the existence of the  . . . . .  (name  of the conservation district to be here inserted)” and “Against terminating  the existence of the  . . . . .  (name  of the conservation district to be here inserted)” shall appear, with  a square before each proposition and a direction to insert an X mark  in the square before one (1) or the other as the voter may favor or  oppose dissolution of the district. Qualified electors of the district  are eligible to vote in the referendum. No informalities in the conduct  of the referendum or related matters shall invalidate the referendum  or result if notice is given substantially as herein provided and  the referendum is fairly conducted.
  2. The commission shall publish the result  of the referendum. If a majority of the votes cast in the referendum  oppose dissolution of the district, the commission shall determine  whether the continued operation of the district within the defined  boundaries is administratively practicable. If the commission determines  the continued operation of the district is administratively practicable,  it shall record its determination and deny the petition. If a majority  of the votes cast favor dissolution of the district it shall certify  that fact to the supervisors of the district. In making the determination  of administrative practicality to continue the district the commission  shall consider those factors set forth in W.S. 11-16-112 for creation of the district.
  3. Upon receipt from the commission of a  certification that the majority of votes cast in the referendum favor  dissolution of the district, the supervisors shall forthwith terminate  the affairs of the district. The supervisors shall dispose of all  property belonging to the district at public auction and pay the net  proceeds of the sales to the state treasurer. The supervisors shall  thereupon file a verified application with the secretary of state  for dissolution of the district, and shall transmit with the application  the certificate of the commission that the majority of votes cast  at the referendum favored dissolution of the district. The application  shall recite that the property of the district has been disposed of  and the proceeds paid over as provided by law, setting forth a full  accounting of the properties and proceeds of sale. The secretary of  state shall issue to the supervisors a certificate of dissolution  and shall record the certificate in an appropriate book in his office.  The secretary of state shall make no charge for any service required  of him by this act.
  4. Upon issuance of a certificate of dissolution  all ordinances and regulations adopted and in force within the district  are void. All contracts to which the district or supervisors are parties  remain in force and effect for the period provided in such contracts.  The commission shall be substituted for the district or supervisors  as party to the contracts. The commission is entitled to all benefits  and subject to all liabilities under such contracts and has the same  right and liability to perform, require performance, sue and be sued  thereon, and to modify or terminate the contracts as the supervisors  of the district would have had. Dissolution does not affect the lien  of any judgment entered or the pendency of any action instituted under W.S. 11-16-126 [repealed], and the commission succeeds to all rights  and obligations of the district or supervisors as to such liens and  actions.

History. Laws 1941, ch. 134, § 16; C.S. 1945, § 34-1416; W.S. 1957, § 11-241; Laws 1959, ch. 193, § 12; 1971, ch. 111, § 16; W.S. 1977, § 11-19-108 ; Laws 1978, ch. 32, § 1; 1987, ch. 21, § 2; 1998, ch. 115, § 2.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Editor's notes. —

Section 11-16-126, referred to in the last sentence in subsection (d), was repealed in 1987.

Meaning of “this act.” —

For the definition of “this act,” referred to in the last sentence in subsection (c), see § 11-16-102(a)(xii).

§ 11-16-118. District supervisors; term; vacancies; expenses; removal; quorum; bond required of employees; areas included in district; cooperative agreement with city.

  1. The term of the two (2) supervisors appointed  extends from their appointment until the second annual election held  in the district. A supervisor shall hold office from his election  or appointment and taking of the oath of office until his successor  has been elected or appointed, and qualified. Vacancies shall be filled  for the unexpired term. Vacancies in the office of any supervisor  shall be filled by appointment by the commission upon the recommendations  of the district supervisors, the appointee to serve until the next  election at which time the vacancy shall be filled by the electors  for the unexpired term. A supervisor shall receive no compensation  for his services, but is entitled to expenses, including traveling  expenses, necessarily incurred in the discharge of his duties. Any  supervisor may be removed by the commission upon notice and hearing,  for neglect of duty or malfeasance in office.
  2. A majority of the supervisors constitutes  a quorum and the concurrence of three (3) supervisors is required  for determination of any matter.
  3. The supervisors shall require a bond to  be issued for all employees and officers entrusted with funds or property.  The supervisors shall provide for keeping a full and accurate record  of all proceedings, resolutions, regulations and orders issued or  adopted. The accounts, receipts and disbursements of the district  shall be subject to the audit and reporting requirements set forth  in W.S. 9-1-507(a)(iii).
  4. All cities, towns, villages or other urban  and suburban areas lying wholly or partly within the exterior boundaries  of a conservation district shall, from the effective date of this  act, be included in the district. In doubtful cases, the commission  shall determine the district which includes any urban or suburban  area.
  5. By cooperative agreement with the city  concerned, a district may perform within the boundaries of the city  any work required or authorized under this act, through such administrative  and financial arrangements as the city and the district agree upon.

History. Laws 1941, ch. 134, § 8; C.S. 1945, § 34-1408; W.S. 1957, § 11-242; Laws 1959, ch. 193, § 8; 1971, ch. 111, § 17; 1973, ch. 147, § 2; W.S. 1977, § 11-19-109 ; Laws 1978, ch. 32, § 1; 1994, ch. 29, § 1; 2004, ch. 54, § 1.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

The 2004 amendment, effective July 1, 2004, in (c), substituted “the audit and reporting requirements set forth in W.S. 9-1-507(a)(iii)” for “an annual review. If a district's annual budget averages twenty-five thousand dollars ($25,000.00) or more over a period of four (4) consecutive years, the district shall commission an independent audit at the conclusion of the fourth year. Copies of the annual review or audit will be sent to the department of agriculture.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-16-102(a)(xii).

§ 11-16-119. District supervisors; nomination; qualifications; election; term.

Within thirty (30) days after issuance by the secretary of state of a certificate of organization of a conservation district, applications for election under the Special District Elections Act of 1994 may be filed with the commission by candidates for supervisors, who shall be owners of land within the district. The commission may extend for not to exceed thirty (30) days the time within which applications may be filed. The commission shall give notice of an election to be held for the election of three (3) supervisors for the district. All qualified electors within the district are eligible to vote. The three (3) supervisors first elected shall draw lots, one (1) for a term of two (2) years, and two (2) for a term of three (3) years. Thereafter supervisors shall be elected each year to serve for a full term of three (3) years. The number of supervisors elected each year shall be determined by the number of supervisors whose terms expire at that time. The commission shall provide for all elections, supervise the conduct thereof, and prescribe regulations governing the conduct of all elections, and shall make public the result thereof.

History. Laws 1941, ch. 134, § 7; C.S. 1945, § 34-1407; W.S. 1957, § 11-243; Laws 1959, ch. 193, § 7; 1967, ch. 46, § 1; 1971, ch. 111, § 18; W.S. 1977, § 11-19-110 ; Laws 1978, ch. 32, § 1; 1987, ch. 21, § 2; 1994, ch. 99, § 2; 1998, ch. 115, § 2.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Effect of election of supervisors by owners and occupiers. —

Chapter 215, Laws 1961, authorizing the establishment of improvement districts, was enacted by a legislature in which all of the state's electors have the unquestioned right to be fairly represented. Under the act, districts may be formed only as subdivisions of conservation districts. And a precondition to their formation referendum is a determination by a board of supervisors of the affected conservation district, popularly elected by both occupiers and owners of land within the district, that the watershed improvement district is both necessary and administratively practicable. Associated Enters., Inc. v. Toltec Watershed Imp. Dist., 410 U.S. 743, 93 S. Ct. 1237, 35 L. Ed. 2d 675, 1973 U.S. LEXIS 16 (1973).

§ 11-16-120. District supervisors; elections under Election Code and for new districts.

  1. District supervisors shall be elected  in subsequent elections under the Special District Elections Act of  1994 and as hereinafter provided for new districts:
    1. At the first subsequent director election  following establishment of a new district, five (5) supervisors, who  reside within the district shall be elected at large by a nonpartisan  ballot. Three (3) supervisors shall be rural residents, one (1) shall  be a resident of an urban area and one (1) shall be elected at large.  At the first subsequent director election, the at large candidate  receiving the largest number of votes shall be elected for a four  (4) year term, the urban candidate receiving the largest number of  votes shall be elected for a four (4) year term, the rural candidate  receiving the largest number of votes shall serve a four (4) year  term and the two (2) candidates receiving the next highest number  of votes shall be elected for two (2) year terms. In succeeding elections  all supervisors shall be elected for four (4) year terms.
    2. Repealed by Laws 1998, ch. 115, § 5.

History. Laws 1973, ch. 147, § 1; W.S. 1957, § 11-243.1; W.S. 1977, § 11-19-111 ; Laws 1978, ch. 32, § 1; 1985, ch. 204, § 1; 1987, ch. 21, § 2; 1994, ch. 99, § 2; 1998, ch. 115, §§ 2, 5.

Cross references. —

As to the definition of “commission” see § 11-16-102 and the notes thereunder.

As to nomination by petition, see § 22-5-301 et seq.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 11-16-121. District supervisor; cooperation and agreements between districts; agreements with districts in adjoining states.

  1. The supervisors of two (2) or more districts  organized under this act may cooperate in the exercise of any or all  powers conferred in this act.
  2. Any two (2) or more districts may engage  in joint activities by agreement for planning, financing, constructing,  operating, maintaining and administering any program or project concerned  with the conservation of renewable natural resources. The districts  concerned may make available for purposes of the agreement any funds,  property, personnel, equipment or services available to them under  this act.
  3. Any district may enter into such agreements  with districts in an adjoining state if the law in the other state  permits such agreements.
  4. The commission may propose, guide and  facilitate the establishment and carrying out of such agreements.

History. Laws 1941, ch. 134, § 14; C.S. 1945, § 34-1414; W.S. 1957, § 11-244; Laws 1971, ch. 111, § 19; W.S. 1977, § 11-19-112 ; Laws 1978, ch. 32, § 1.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-16-102(a)(xii).

§ 11-16-122. Powers and duties of districts and supervisors thereof generally.

  1. Each conservation district organized under this act shall make an annual estimate of the funds required by the district for conservation programs and present a certified copy of the estimate, along with a budget showing all anticipated income and expenses, to the county commissioners. District supervisors shall administer the finances of the district according to the provisions of the Uniform Municipal Fiscal Procedures Act, except that an annual audit in accordance with W.S. 16-4-121 is not required. Each district shall comply with the provisions of W.S. 9-1-507(a)(iii).
  2. A conservation district organized under  this act and the supervisors thereof, in addition to other powers  granted by this act, may:
    1. Employ personnel and determine their duties  and conditions of employment;
    2. Call upon the attorney general of the  state for legal services or employ their own counsel and legal staff;
    3. Delegate to their chairman, to one (1)  or more supervisors or to one (1) or more agents or employees such  delegable powers and duties as they deem proper;
    4. Furnish to the state conservation commission  upon request, copies of ordinances, rules, regulations, orders, contracts,  forms and other documents they adopt or employ, and such other information  concerning their activities as it may require and to the county clerk  copies of ordinances, rules, regulations and orders it adopts in accordance  with law;
    5. Conduct surveys, investigations and research  and disseminate information relating to range management, the character  of soil erosion, flood prevention or the conservation, development,  utilization and disposal of water, and the preventive and control  measures and works of improvement needed, but in order to avoid duplication  of research activities, no district shall initiate any research program  except in cooperation with the government of this state or its agencies,  or with the United States or its agencies;
    6. Conduct demonstration projects within  the district on lands owned or controlled by this state or its agencies,  with the cooperation of the agency administering and having jurisdiction  thereof, and on other lands within the district with the consent of  the owner or occupier of the lands, to demonstrate range management  practices, the means, methods and measures by which soil and soil  resources may be conserved, and soil erosion in the form of soil blowing  and washing may be prevented and controlled and works of improvement  for flood prevention or the conservation, development, utilization  and disposal of water may be carried out;
    7. Carry out preventive and control measures  and works of improvement within the district, including engineering  operations, range management, methods of cultivation, the growing  of grass or other vegetation, changes in use of land or any measure  which may be developed for the control of erosion and better use of  soil, and works of improvement for flood prevention or the conservation,  development, utilization and disposal of water on lands owned or controlled  by this state or its agencies, with the cooperation of the agency  administering and having jurisdiction thereof, or on other lands within  the district with the consent of the owner or occupier of the lands;
    8. Cooperate, including but not limited to representing the conservation district as a cooperating agency with special expertise as provided by the National Environmental Policy Act and in federal land planning implementation as provided in W.S. 11-16-135(a), enter into agreements with and furnish financial or other aid to, any agency, governmental or otherwise, or any owner or occupier of lands within the district, in carrying on range management or erosion control and prevention operations and works of improvement for flood prevention or the conservation, development, utilization and disposal of water within the district, subject to such conditions as the supervisors deem necessary;
    9. through (xiii) Repealed  by Laws 1987, ch. 21, § 3.
    10. Make available on terms it prescribes,  to owners and occupiers of land within the district, agricultural  and engineering machinery and equipment, fertilizer, seeds and seedlings,  male breeding animals, livestock supplies and such other material  or equipment as will assist the owners and occupiers of land to carry  on operations upon their lands and upon those owned or leased by the  district, for range improvement and stabilization, the conservation  of soil and water resources, the prevention and control of soil erosion  and for flood prevention or the conservation, development, utilization  and disposal of water. The assistance authorized by this paragraph  shall be on a limited scale for demonstration purposes and the district  shall not be deemed authorized to compete with private industry;
    11. Repealed by Laws 1987, ch. 21, § 3.
    12. Develop and implement comprehensive resource use and management plans for range improvement and stabilization, conservation of soil, water and vegetative resources, control and prevention of soil erosion and for flood prevention or the conservation, development, utilization and disposal of water within the district, which plans shall include range management provisions and shall specify in detail the acts, procedures, performances and avoidances necessary or desirable to carry out the plans, including the specification of engineering operation, fence and stockwater developments, methods of cultivation, the growing of grass and other vegetation, cropping and range programs, tillage and grazing practices, and changes in use of lands. In developing plans under this paragraph, the supervisors of the district shall consider the customs and culture of residents of the district as those customs and culture relate to the land and resource, current and historical information and data related to the uses of the land and resource;
    13. Make public the plans and information  and bring them to the attention of owners and occupiers of land within  the district;
    14. Repealed by Laws 1987, ch. 21, § 3.
    15. Manage, as agent of the United States  or any of its agencies, and enter into agreements with the United  States or any of its agencies, or this state or any of its agencies,  to effect cooperation with the United States or any of its agencies  under United States Public Law 566 approved August 4, 1954, or amendments  thereto, in connection with the acquisition, construction, operation  or administration of any land utilization, soil conservation, erosion  control, erosion prevention, flood prevention projects, conservation  of water, water utilization, disposal of water in watershed areas  and other water projects within its boundaries;
    16. Act as representative for local groups  in dealing with the United States or its representatives, in soil  or water conservation matters under United States Public Law 566 approved  August 4, 1954, or amendments thereto;
    17. Accept donations, gifts and contributions  in money, services, materials or otherwise from any source which will  impose no financial obligation upon the state, and use or expend the  monies, services, materials or contributions in carrying on its operations;
    18. Sue and be sued in the name of the district;
    19. Have a seal, which shall be judicially  noticed;
    20. Have perpetual succession unless terminated  as hereinafter provided;
    21. Make and execute contracts and other instruments  necessary to the exercise of its powers;
    22. Make, amend and repeal rules and regulations  not inconsistent with this act, to implement its purposes and powers;
    23. As a condition to extending any benefits  to or performance of work upon any land not owned or controlled by  the state or its agencies, require contributions in money, services,  materials or otherwise to any operations conferring benefits and require  owners and occupiers of land to enter into and perform such agreements  or covenants as to the permanent use of such lands as will prevent  or control erosion and prevent flood water and sediment damages thereon  and promote the best use of such lands;
    24. The supervisors of a conservation district which has officially adopted a comprehensive plan pursuant to W.S. 11-16-122(b)(xvi) may coordinate with federal agencies as provided in the Federal Land Policy and Management Act of 1976, the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the national Forest Management Act of 1976 and any other federal statute which provides for coordination with local governments and federal regulations adopted pursuant to those acts.
  3. A conservation district shall not purchase  or hold title to farm lands as defined by W.S. 11-34-101(a)(ii).

History. Laws 1941, ch. 134, § 9; C.S. 1945, § 34-1409; Laws 1955, ch. 71, § 1; ch. 130, § 1; W.S. 1957, § 11-245; Laws 1959, ch. 53, § 2; ch. 193, § 9; 1971, ch. 111, § 20; W.S. 1977, § 11-19-113 ; Laws 1978, ch. 32, § 1; 1987, ch. 21, §§ 2, 3; 1994, ch. 99, § 2; 2013, ch. 125, § 2; 2017, ch. 62, § 2; 2018, ch. 4, § 1.

The 2013 amendment, substituted “including but not limited to representing the conservation district as a cooperating agency with special expertise as provided by the National Environmental Policy Act and in federal land planning implementation as provided in W.S. 11-16-135(a)” for “or” in (b)(viii); added “and implement,” “resource use and a management,” “and vegetative,” and the last sentence and made a stylistic change in (b)(xvi); and added (b)(xxviii).

The 2017 amendment , effective July 1, 2017, added the last sentence of (a).

The 2018 amendment, in (a), added “except that an annual audit in accordance with W.S. 16-4-121 is not required” at the end of the second sentence, added the final sentence, and made a related stylistic change.

Laws 2018, ch. 4, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2018.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Effective dates. —

Laws 2013, ch. 125, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

Editor’s notes. —

Laws 2018, ch. 123, § 5, provides: “To the extent this act conflicts with 2018 House Bill 53, this act shall be given precedence and shall prevail over any conflicting provision.”

Meaning of “this act.” —

For the definition of “this act,” referred to throughout subsections (a) and (b), see § 11-16-102(a)(xii).

Public Law 566. —

Public Law 566, referred to in subsections (b)(xix) and (b)(xx), appears as 16 U.S.C. §§ 1001 through 1008.

§ 11-16-123. Applicability of provisions concerning other agencies; validity of contracts of supervisors.

  1. No provisions with respect to the acquisition,  operation or disposition of property by other public bodies are applicable  to a district organized hereunder unless the legislature shall specifically  so state.
  2. No contract of the district supervisors  for the payment of money is valid unless the supervisors have at the  time the contract is made funds in cash, securities or deposits sufficient  for the payment thereof.

History. Laws 1941, ch. 134, § 9; C.S. 1945, § 34-1409; Laws 1955, ch. 130, § 1; W.S. 1957, § 11-245; W.S. 1977, § 11-19-113 ; Laws 1978, ch. 32, § 1.

§ 11-16-124. Administration of oaths by secretary or treasurer of district.

The secretary or treasurer of the district are severally authorized to administer oaths within their district in any matter pertaining to the business of their district where an oath is required by law.

History. Laws 1941, ch. 134, § 9; C.S. 1945, § 34-1409; W.S. 1957, § 11-245; Laws 1967, ch. 46, § 2; W.S. 1977, § 11-19-113 ; Laws 1978, ch. 32, § 1.

§§ 11-16-125 through 11-16-131. [Repealed.]

Repealed by Laws 1987, ch. 21, § 3.

Editor's notes. —

These sections, which derived from Laws 1941, ch. 134, §§ 10 through 13, related to conservation ordinances and the board of adjustment.

§ 11-16-132. Publicly owned lands to be administered in cooperation with districts.

Agencies of the state, county or any political subdivision of the state which have jurisdiction over or are charged with the administration of any state, county or other publicly owned lands lying within the boundaries of any district organized hereunder, shall cooperate to the fullest extent with the supervisors of the district to effect the programs and operations undertaken by the supervisors under this act and may lease such lands to a district. The supervisors of the districts shall be given free access to enter and perform work upon the publicly owned lands. The provisions of conservation ordinances have the force and effect of law over all publicly owned lands, and shall be in all respects observed by the agencies administering the lands.

History. Laws 1941, ch. 134, § 15; C.S. 1945, § 34-1415; W.S. 1957, § 11-250; W.S. 1977, § 11-19-118 ; Laws 1978, ch. 32, § 1.

Cross references. —

As to leasing of state lands generally, see §§ 36-5-101 to 36-5-117 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-16-102(a)(xii).

§ 11-16-133. Tax levied on property in district; maximum amount; soil and water conservation fund; other appropriation authorized.

  1. Subject to W.S. 11-16-134 , the county commissioners may annually levy a tax to  carry out this act. The tax shall be levied upon all property in the  district and shall not exceed one (1) mill on each one dollar ($1.00)  of assessed valuation. The tax is not part of the general county or  city mill levies. The tax shall be levied and collected as other county  taxes and the county treasurer shall remit the taxes collected to  the district to a separate fund to be known as the conservation district  fund, which shall be used only to carry out the purposes of this act.
  2. Whether or not a tax levy is authorized  under W.S. 11-16-134 , each board of county commissioners may make appropriations  from the county general fund to districts established under this act  for the purpose of providing soil and water conservation programs.

History. Laws 1987, ch. 21, § 1.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 11-16-102(a)(xii).

§ 11-16-134. Imposition of tax; vote of electors required.

  1. No tax shall be imposed under W.S. 11-16-133 until the proposition to impose the tax is submitted  to a vote of the voters of the district and a majority of those casting  their ballots vote in favor of imposing the tax. Any tax imposed under  this act shall be levied in the year following the election at which  the imposition of the tax is approved.
  2. The proposition to impose a tax under  this act shall be at the expense of the county and may be submitted  to the voters of the county upon the receipt by the board of county  commissioners of a petition requesting the election signed by a majority  of the supervisors of the district. The election shall be at the direction  and under the supervision of the board of county commissioners.
  3. Subject to the limitation of subsection  (b) of this section, the proposition to impose a tax under this act  shall be submitted on an election date authorized under W.S. 22-21-103 , or by mail ballot pursuant to W.S. 22-29-115 and 22-29-116 . A notice of election shall be given by the county clerk  in at least one (1) newspaper of general circulation published in  the county wherein the election is to be held and shall specify the  object of the election. The notice shall be published at least once  each week for a thirty (30) day period preceding the election. At  the election the ballots shall contain the words “for the conservation  district tax” and “against the conservation district tax”. Upon the  initial submission of the conservation district tax, or any renewal  thereof, after July 1, 1995, the conservation district board of supervisors  shall choose one (1) of the following options and the words of the  chosen option shall be clearly printed in the appropriate area on  the election ballot:
    1. If this proposition is approved, the same  proposition shall be submitted at the second following general election  or by mail ballot pursuant to W.S. 22-29-115 and 22-29-116 , and thereafter at succeeding general elections or by  mail ballot pursuant to W.S. 22-29-115 and 22-29-116, every four (4) years until the proposition is defeated;  or
    2. If this proposition is approved, the tax  shall remain in effect until a petition to discontinue the tax, signed  by not less than ten percent (10%) of the voters of the district,  is received by the board of county commissioners, and the proposal  to discontinue the tax is approved by the voters. The proposal to  discontinue the tax shall be submitted to the voters of the district  at the expense of the county at the next general election or by mail  ballot pursuant to W.S. 22-29-115 and 22-29-116 for approval or disapproval.

History. Laws 1987, ch. 131, § 1; 1995, ch. 180, § 1; 1996, ch. 97, § 2; 1998, ch. 115, § 2.

Cross references. —

As to the definition of “commission” see § 11-16-102 and notes thereunder.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 11-16-102(a)(xii).

§ 11-16-135. Special expertise of supervisors of conservation districts.

When representing a conservation district as a cooperating agency in matters related to the National Environmental Policy Act and in federal land planning, implementation and management actions, supervisors of a conservation district shall be deemed to have special expertise on all subject matters for which they have statutory responsibility as provided in W.S. 11-16-122 , including but not limited to all subject matters directly or indirectly related to stabilization of the agriculture industry, protection of natural resources including but not limited to data and information, conservation of soil and water resources, control and prevention of soil erosion, flood prevention or the conservation, development, utilization and disposal of water within the district.

History. Laws 2013, ch. 125, § 1.

Effective date. — Laws 2013, ch. 125, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

Chapter 17 Livestock Remedies

Cross references. —

For definition of the term “director,” see § 11-1-101 .

As to commercial feed, see ch. 13 of this title.

Severability. —

Section 9, ch. 70, Laws 1929, reads: “If any provisions of this act shall be held invalid, it is hereby provided that all other portions of this act which are not expressly held to be invalid shall continue in full force and effect.”

Repealing clauses. —

Section 10, ch. 70, Laws 1929, repealed all laws and parts of laws in conflict with that act.

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture §§ 38 to 48.

3A C.J.S. Animals §§ 66 to 68.

Article 1. Livestock Remedies Generally

§ 11-17-101. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 1, related to definition of “livestock remedy.”

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

§ 11-17-102. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 2, related to file a statement and certificate with department of agriculture.

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

§ 11-17-103. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 7, related to refusal or cancellation of registration and refusal to allow changes of ingredients.

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

§ 11-17-104. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 4, related to inspections of buildings used in manufacture and purchase and analysis of samples.

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

§ 11-17-105. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 3, related to labeling.

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

§ 11-17-106. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 5, related to chemical analysis of samples.

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

§ 11-17-107. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 6, related to hearing on violations, notice to manufacturer, and certification of facts to district attorney.

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

§ 11-17-108. [Repealed.]

Repealed by Laws 2011, ch. 98, § 2.

Editor's notes. —

This section, which derived from Laws 1929, ch. 70, § 8, related to prohibited acts and penalties for violations.

Laws 2011, ch. 98, § 3, makes the act effective July 1, 2011.

Article 2. Animal Remedies

Effective date. —

Laws 2011, ch. 98, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 12, 2011.

§ 11-17-201. Short title.

This article is known and may be cited as the “Wyoming Animal Remedies Act.”

History. Laws 2011, ch. 98, § 1.

§ 11-17-202. Definitions; exemptions.

  1. As used in this article:
    1. “Advertisement” means any representation,  other than on the label, disseminated in any manner or by any means,  relating to animal remedies as defined in this article;
    2. “Animal” means any animate being, which  is not human, endowed with the power of voluntary action;
    3. “Animal remedy” means any drug, combination  of drugs, proprietary medicine, biological product and combinations  of drugs and other ingredients, other than for food or cosmetic purposes,  which is prepared or compounded for animal use, except as exempted  by the director;
    4. “Antimicrobial resistance” means the result  of microbes changing in ways that reduce or eliminate the effectiveness  of drugs, chemicals or other agents intended to cure or prevent infections;
    5. “Brand name” means any word, name, symbol  or device, or any combination thereof, identifying the animal remedy  of a distributor or registrant and distinguishing it from that of  others;
    6. “Department” means the Wyoming department  of agriculture;
    7. “Director” means the director of the Wyoming  department of agriculture;
    8. “Distribute” means to offer for sale,  sell, exchange or barter any animal remedy;
    9. “Distributor” means any person who distributes  animal remedies;
    10. “Dosage form” means an animal remedy prepared  in tablets, pills, capsules, ampules, boluses or other units suitable  for administration as an animal remedy;
    11. “Drug” means an animal remedy:
      1. Recognized in the official United States  pharmacopoeia, the official United States homeopathic pharmacopoeia,  the official national formulary, or any supplement to any of these  publications;
      2. Recognized by the United States food and  drug administration;
      3. Intended for use in the diagnosis, cure,  mitigation, treatment or prevention of disease in animals;
      4. Prepared for external or internal use  in the mitigation of parasites in or on animals;
      5. Intended to affect the structure or any  function of the body of animals;
      6. Intended for use as a component of any  combined animal remedy specified in subparagraphs (A) through (E)  of this paragraph.
    12. “Drug” does not include a device or its  components, parts or accessories;
    13. “Label” means a display of written, printed  or graphic matter upon or affixed to the immediate container of any  animal remedy;
    14. “Labeling” means any label and other written,  printed or graphic matter upon an animal remedy and any of its containers  or wrappers accompanying the animal remedy. “Labeling” also includes  any advertisement or brochure promoting the animal remedy including  but not limited to television, internet, other electronic medium or  pamphlets;
    15. “Medicated feed” means commercial or custom  feed which contains drug ingredients intended for the cure, mitigation,  treatment or prevention of diseases of animals or which contains drug  ingredients intended to affect the structure or any function of the  body of animals;
    16. “Official sample” means any sample of  an animal remedy taken by and designated as official by the director  or his agent;
    17. “Product name” means the name of the animal  remedy which identifies it as to kind, class or specific use;
    18. “Registrant” means the person who registers  animal remedies under the provisions of this article. The registrant  may also be the distributor;
    19. “This act” means W.S. 11-17-201 through 11-17-209 .
  2. Nothing in this article shall apply to:
    1. A medicated feed;
    2. A product registered with the department  and recognized as a pesticide;
    3. Any animal remedy intended solely for  investigational, experimental or laboratory use by qualified persons,  provided the animal remedy is plainly labeled “for investigational  use only”;
    4. Any person licensed to practice veterinary  medicine in Wyoming, when acting within the scope of that license.

History. Laws 2011, ch. 98, § 1.

§ 11-17-203. Powers and duties of the director; promulgation of rules; interagency cooperation.

  1. The director shall enforce the provisions  of this article and may prescribe the form of tags, stamps or labels  to be used to show that the registration has been properly filed.
  2. The director may refuse to register any  application not in compliance with this article and may cancel any  registration subsequently found not to be in compliance with the law.  No registration shall be refused or cancelled until the registrant  has been given an opportunity to be heard before the director and  to amend his application in order to bring the application into compliance.
  3. The director may sample any animal remedy  as he deems necessary.
  4. The director shall conduct any investigation  he deems necessary to enforce this article.
  5. The director may refuse the registration  of any animal remedy if available facts indicate that the product  proposed is of negligible or no value for correcting, alleviating  or mitigating animal injuries or diseases for which it is intended,  or the director may suspend or revoke any use for flagrant violation  of this article.
  6. The director may determine whether a manufacturer  or distributor shall be registered under the commercial feed or an  animal remedy law.
  7. The director shall cause animal remedies,  which are found or believed not to comply with this article to be  withheld from sale pending compliance with this article.
  8. Whenever the director or his authorized  agent finds or has reasonable cause to believe an animal remedy is  adulterated or misbranded under any provision of W.S. 11-17-207(d), he shall affix to the animal remedy a tag or other appropriate  marking, giving notice that the animal remedy is, or is suspected  of being, adulterated or misbranded and has been detained and warning  all persons not to dispose of the animal remedy in any manner until  permission is given by the director or the court. Any animal remedy  suspected of being adulterated or misbranded may be removed from display  by the manufacturer or vendor, but shall be left on the premises.  No person shall dispose of a detained animal remedy in violation of  this section.
  9. If an animal remedy detained pursuant  to subsection (g) or (h) of this section is found, after examination  and analysis, to be adulterated or misbranded, the director may petition  the judge of any court of competent jurisdiction in whose jurisdiction  the animal remedy is detained for an order to condemn the animal remedy.  If the director finds that the detained animal remedy is not adulterated  or misbranded he shall remove the tag or marking.
  10. The director may promulgate rules and  regulations for animal remedies necessary for the efficient enforcement  of this article. Procedures for promulgation shall be those outlined  in the Wyoming Administrative Procedure Act.
  11. The director may cooperate with and enter  into agreements with other Wyoming agencies including the state veterinarian,  other states and agencies of the federal government in order to carry  out the purpose and provisions of this article.

History. Laws 2011, ch. 98, § 1.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

§ 11-17-204. Registration; fees; audit; investigator special revenue account.

  1. Any manufacturer of animal remedies, except  the United States department of agriculture, shall register each product  before distribution in Wyoming. The application for registration shall  be submitted on forms furnished by the director and shall be accompanied  by a label or other printed matter describing the product. Upon approval  by the director or his agent, a copy of the registration shall be  furnished to the applicant. All registrations are effective from the  date of approval and expire on December 31 each year.
  2. Every registrant of animal remedies shall pay a registration fee of forty dollars ($40.00) per product. Of this fee, twenty dollars ($20.00) shall be deposited into the general fund and twenty dollars ($20.00) shall be deposited into the inspection account.
  3. An applicant may appeal the denial of  a registration in accordance with the Wyoming Administrative Procedure  Act.
  4. The department may conduct a product compliance  audit to assure compliance of this article. The audit shall consist  of label and registration reviews. A registrant may appeal any negative  audit in accordance with the Wyoming Administrative Procedure Act.

History. Laws 2011, ch. 98, § 1; 2020, ch. 91, § 1.

The 2020 amendment, in (b) substituted “forty dollars ($40.00)” for “twenty dollars ($20.00)” and added the last sentence.

Laws 2020, ch. 91, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2020.

§ 11-17-205. Labeling.

  1. Any animal remedy distributed in Wyoming  shall be accompanied by a legible label bearing the following information:
    1. The name and principal address of the  manufacturer or person responsible for placing the animal remedy on  the market;
    2. The name, brand or trade-mark under which  the animal remedy is sold;
    3. An accurate statement of the minimum net  contents of the package, lot or parcel, the contents stated by weight  in the case of solids, by volume in the case of liquids, and by both  count and weight or volume per dose in the case of dosage forms;
    4. The common or usual name and quantity  of each active ingredient;
    5. Adequate directions for use;
    6. Adequate warnings against use in conditions,  whether pathological or normal, where its use may be dangerous to  the health of animals, or against unsafe dosage, methods or duration  of methods, administration, or application, in such manner and form,  as are necessary for the protection of animals.
  2. Any word, statement or other information  appearing on the label shall also appear on the outside container  or wrapper, if any, of the retail package of the animal remedy or  shall be easily legible through the outside container or wrapper of  the animal remedy.

History. Laws 2011, ch. 98, § 1.

§ 11-17-206. Professional supervision required for preparation and packaging of remedies.

  1. No person shall compound, manufacture,  make, produce, pack, package or prepare within Wyoming any animal  remedy to be offered for sale or distribution unless the compounding,  manufacture, making, producing, packaging, packing or preparing is  done with adequate equipment under the supervision of a licensed veterinarian,  a graduate chemist, a licensed pharmacist, a licensed physician or  some other person as may be approved by the director after an investigation  and a determination by the director that he is qualified by scientific  or technical training or by experience to perform the duties of supervision  as may be necessary to protect animal health and public safety.
  2. No person shall make a claim that an animal  remedy is antimicrobial resistant without verification and support  documentation of the American Veterinary Medical Association.

History. Laws 2011, ch. 98, § 1.

§ 11-17-207. Right of access to establishments and information relating to manufacturing; sampling and analysis.

  1. The director or his agent shall have access  during normal business hours to any establishment or facility in which  an animal remedy is manufactured, transported or held for distribution  and to information relating to the manufacture, transportation and  distribution of the animal remedy for purposes of sampling and inspection.
  2. Any method of sampling and analysis shall  be as approved by the director from current established methods. In  any case not covered by an approved method, or in any case where methods  are available in which improved applicability has been demonstrated,  the director may approve the appropriate methods from other sources.  The director, in determining whether an animal remedy is deficient  in any component, shall be guided solely by the official sample analyzed  in accordance with approved methods. For purposes of this article,  the results of official analysis shall be final, unless it is determined  by the director that a resample is warranted. If a distributor or  registrant requests a resample of an animal remedy based upon the  director’s findings of a deficiency, all costs associated with the  resampling and analysis shall be borne by the distributor or registrant.  If the results of the resampling establish the result of the first  analysis was invalid, the department shall bear the costs associated  with the resampling. Any requests for a resample to the director shall  be made in writing.
  3. The director shall make or cause to be  made under his direction, analysis and examinations of samples of  animal remedies furnished to him by the director to determine whether  the animal remedy sampled conforms with this article and shall certify  the results of the examinations to the director.
  4. When the inspection and analysis of an  official sample indicates an animal remedy has been adulterated or  misbranded, the results of analysis shall be forwarded by the director  to the distributor and the purchaser.
  5. Any animal remedy that is manufactured  and distributed under registration from and under the supervision  of the United States department of agriculture, and in compliance  with the regulations of that department shall not be considered adulterated  or misbranded.
  6. An animal remedy shall be deemed to be  misbranded under the following circumstances:
    1. It is not properly labeled;
    2. It is not labeled as required in W.S. 11-17-205 and in regulations promulgated under this article;
    3. If the label is false or misleading;
    4. If the information required on the label  is not conspicuous and clear and if any word, statement or other information  required to appear on the label is not prominently placed conspicuously  on the label, as compared with other words, statements, designs or  devices in the labeling and in such terms, as to render it likely  to be read and understood by the ordinary individual under customary  conditions of purchase and use;
    5. It is distributed under the name of another  animal remedy;
    6. If the recommended dosage is dangerous  to the health of animals when used in the dosage or with the frequency  or duration prescribed, recommended or suggested in the labeling of  the animal remedy.
  7. An animal remedy shall be deemed to be  adulterated if:
    1. It consists in whole or in part of any  filthy, putrid or decomposed substance;
    2. It bears or contains any poisonous or  deleterious substance which may render it injurious to health under  customary or usual use;
    3. Its container is composed of any injurious  or deleterious substance which may render the animal remedy injurious  to health;
    4. It was prepared, packed or held under  unsanitary conditions where the animal remedy may have become contaminated  with filth or where the animal remedy may have been rendered injurious  to animal health;
    5. Its composition, purity, strength or quality  falls below or differs from that which it is purported or is represented  to possess by its labeling. The director shall allow a reasonable  tolerance from such representation as is in accordance with good manufacturing  practices.
  8. No person shall forge, counterfeit, simulate  or falsely represent or without proper authority use, any mark, stamp,  tag, label or other identification device required by W.S. 11-17-205 .
  9. No person shall alter, mutilate, destroy,  obliterate or remove any part of the labeling of any animal remedy  if the act results in the animal remedy being misbranded, or do any  other act, while the animal remedy is being held for sale, which results  in the misbranding of the animal remedy.
  10. All provisions for enforcement of animal  remedies found to be short weight shall be administered by the department  under W.S. 40-10-117 through 40-10-136 of the Wyoming weights and measures law.

History. Laws 2011, ch. 98, § 1.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

§ 11-17-208. Warning to distributor; seizure and order of disposition; application for release; hearing.

  1. When the director or his authorized agent  finds that an animal remedy is mislabeled, misbranded or adulterated,  or that it does not conform to its label guarantee, he may issue a  written statement warning the distributor or registrant that the animal  remedy is considered to be in violation of the law. This statement  is a warning only to the distributor or registrant that if the animal  remedy is distributed further the director may pursue further action.  If the distributor, registrant or manufacturer heeds the warning and  corrects the violation within the time allowed by the director, no  further action shall be taken.
  2. If it appears that any manufacturer, distributor,  registrant or any other person responsible for animal remedies has  not corrected the reason for the warning in subsection (a) of this  section or has violated this article, the director shall cause notice  to be given to the manufacturer, distributor, registrant or person  that a hearing will be had at a date and place named in the notice.  The director or his authorized agent shall hold a hearing in accordance  with the Wyoming Administrative Procedure Act. If the manufacturer,  distributor, registrant or person fails to appear at the time and  place designated in the notice, the director or his authorized agent  shall conduct the hearing as though the manufacturer, distributor,  registrant or person were present. If it is established by the hearing  to the satisfaction of the director that prosecution is warranted  the director shall provide to the Wyoming attorney general:
    1. A certification of the facts;
    2. An official report of the result of the  hearing; and
    3. A copy of the analysis or other examination  which bears on the case.
  3. Any lot of an animal remedy not in compliance  with requirements of laws or regulations is subject to seizure on  complaint of the director to a court of competent jurisdiction in  the county in which the animal remedy is located. If the court finds  the animal remedy in violation and orders the condemnation of the  animal remedy, it shall be disposed of in any manner consistent with  the quality of the animal remedy and the laws of Wyoming. In no instance  shall the disposition of the animal remedy be ordered by the court  without first giving the manufacturer, distributor or registrant an  opportunity to apply to the court for release of the animal remedy  or for permission to process or relabel the animal remedy to bring  it into compliance with the law.

History. Laws 2011, ch. 98, § 1.

§ 11-17-209. Prohibited acts; penalty; additional sanctions.

  1. It is unlawful for any person to:
    1. Sell or distribute in Wyoming any animal  remedy without having attached or furnished such stamps, labels or  tags as required by this article;
    2. Impede, prevent or attempt to prevent  the director or his agent in the performance of his lawful duties;
    3. Sell, offer for sale or distribute in  Wyoming any animal remedy without complying with the requirements  of this article;
    4. Sell or distribute in Wyoming any animal  remedy when the manufacturer or distributor is not registered with  the department as required by this article;
    5. Manufacture, sell, deliver, hold or offer  for sale any animal remedy that is adulterated or misbranded;
    6. Give a guaranty which is false, except  a person who relied on a guaranty to the same effect signed by, and  containing the name and address of the person from whom he received  the animal remedy in good faith;
    7. Disseminate any advertisement which is  false or misleading in any respect, but no person or medium for the  dissemination of any advertisement, except the manufacturer, packer,  distributor, or seller of the animal remedy to which a false advertisement  relates, is subject to the penalties for violations of this article,  by reason of the dissemination by him of the false advertisement,  unless he refused, on the request of the director to furnish the name  and address of the manufacturer, packer, distributor, seller or advertising  agency which caused him to disseminate the advertisement;
    8. Sell or offer to sell any biological product  that has not been kept in refrigeration under conditions prescribed  by the rules and regulations promulgated and adopted by the director.
  2. Any person violating any provision of W.S. 11-17-201 through 11-17-209 or rules or regulations thereunder is guilty of a misdemeanor  and upon conviction shall be fined not more than five hundred dollars  ($500.00) or imprisoned in the county jail for not more than one (1)  year, or both, for the first offense, and upon conviction for a subsequent  offense shall be fined not more than one thousand dollars ($1,000.00)  or imprisoned in the county jail for not more than one (1) year, or  both. Any offense committed more than three (3) years after a previous  conviction shall be considered a first offense.
  3. In addition to the penalty provided in  subsection (b) of this section, the distribution of any animal remedy  mixed or adulterated with any substance injurious to animals is subject  to seizure and condemnation as the court may direct. The court may  in its discretion release the animal remedy seized when the requirements  of law have been complied with, and upon payment of all costs and  expenses incurred by the state in any proceedings connected with the  seizure.

History. Laws 2011, ch. 98, § 1.

Chapter 18 Livestock Board and State Veterinarian

Cross references. —

As to requiring legislature to provide for protection of livestock and stock owners, see art. 19, § 1, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture §§ 38 to 48; 4 Am. Jur. 2d Animals § 1 et seq.; 78 Am. Jur. 2d Veterinarians § 1 et seq.

3 C.J.S. Agriculture §§ 15 to 19, 23; 3A C.J.S. Animals §§ 16 to 37, 66 to 116, 122 to 169, 274 to 348.

§ 11-18-101. Livestock board; creation; composition; qualifications; appointment and term of members; removal; vacancies; name defined.

  1. The Wyoming livestock board is created  and shall consist of seven (7) livestock producers. At least three  (3) members shall be sheep producers and at least three (3) shall  be cattle producers, provided that if a vacancy exists on the board  and no person meeting all the qualifications of this section is available  then any livestock producer within the appointment district may be  appointed. Members shall be appointed by the governor with the advice  and consent of the senate and may be removed by the governor as provided  in W.S. 9-1-202 . The members shall be appointed from each of the appointment  districts pursuant to W.S. 9-1-218 and the appointment for each district shall be rotated  among the counties within the district. The members shall serve for  one (1) six (6) year term and until their successors are appointed  and qualified. In case of a vacancy for any reason, the governor shall  appoint a qualified person to fill the vacancy in accordance with W.S. 28-12-101 . Each member of the Wyoming livestock board shall be  a qualified elector of the county from which he is appointed and a  resident of this state during his term of office.
  2. The name, “Wyoming livestock and sanitary  board” wherever it appears in any statute, law or regulation of record  in this state or in any other document now in force and effect means  “Wyoming livestock board.” All powers, duties and prerogatives having  accrued by law to the former livestock and sanitary board is hereafter  vested in the Wyoming livestock board.
  3. Appointments and terms under this section  shall be in accordance with W.S. 28-12-101 through 28-12-103 .

History. Laws 1933, ch. 85, § 1; C.S. 1945, § 56-101; W.S. 1957, § 11-261; Laws 1961, ch. 228, § 1; 1973, ch. 61, § 1; W.S. 1977, § 11-21-103 ; Laws 1977, ch. 21, § 2; 1978, ch. 32, § 1; 1979, ch. 17, § 2; 1983, ch. 32, § 1; 1987, ch. 175, § 1; 2006, ch. 92, § 1; 2010, ch. 69, § 203.

Cross references. —

For definition of “qualified elector,” see § 22-1-102(a)(xxvi).

The 2006 amendment, effective July 1, 2006, in (a), substituted “seven (7) livestock producers” for “three (3) woolgrowers and four (4) stockmen engaged in other livestock interests,” inserted the second sentence, and made a stylistic change.

The 2010 amendment, effective July 1, 2010, in (c), deleted “Effective July 1, 1979”at the beginning.

Appropriations. —

Laws 2006, ch. 92, § 2, appropriates from the general fund to the livestock board two hundred twenty-one thousand five hundred dollars ($221,500.00) for the biennium to fund the director position pursuant to this act and authorizes one (1) full-time equivalent position for the position of director authorized by this act.

Civil office. —

Members of livestock and sanitary board (now livestock board) hold civil office under the state, and hold their offices for six years and until their successors are appointed and have qualified. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Appointive power of governor. —

Governor's power of appointment without advice and consent of senate is confined to cases when vacancy exists and no other mode for filling it has been provided. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Mere fact that the term of office of a livestock and sanitary board (now livestock board) member did not expire until after adjournment of legislature did not prevent a prospective appointment followed by concurrence by the senate. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Right to hold over. —

Right to hold over until successor is appointed and qualifies is as much part of the tenure of office as the regular period fixed by statute. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Holding over keeps office filled. —

Under statute providing term of office shall be six years and “until successors are appointed and qualified,” no vacancy in office exists enabling governor to appoint successor without consent of senate while qualified person is in possession of office. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Death of incumbent holding over. —

Where governor's appointment after incumbent's term expired became valid on incumbent's death to extent incumbent had right to office until successor qualified, because senate did not confirm appointment, appointee's name or his successor's should go to senate at next session, and such person when confirmed will serve for balance of term. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Where governor's appointment of new member to livestock and sanitary board (now livestock board) was invalid because it was not confirmed by the senate, the death of a holdover member created a vacancy which the governor could fill by appointment, with the new appointee standing in the shoes of deceased. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Abandonment of offices not shown. —

Failure of incumbents to bring quo warranto until eight months after invalid appointments of new board members and after annual meeting, did not show loss of offices by “abandonment” or by “acquiescence.” People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Acquiescence in appointment of successor. —

Where former member of livestock and sanitary board (now livestock board) acquiesced in appointment of successor for more than two years, he lost all rights to office which he might otherwise have had as holdover incumbent. People ex rel. Warren v. Christian, 58 Wyo. 39, 123 P.2d 368, 1942 Wyo. LEXIS 12 (Wyo. 1942).

Stated in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

Cited in

Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999).

§ 11-18-102. Livestock board; duties generally.

The Wyoming livestock board shall exercise general supervision over and protect the livestock interests of the state from theft and disease, and shall recommend legislation as in its judgment will foster the industry.

History. Laws 1890-91, ch. 33, § 13; R.S. 1899, § 2031; C.S. 1910, § 2639; C.S. 1920, § 3136; R.S. 1931, § 67-115; C.S. 1945, § 56-115; W.S. 1957, § 11-262; W.S. 1977, § 11-21-104 ; Laws 1978, ch. 32, § 1.

§ 11-18-103. Livestock board; powers generally. [Effective until July 1, 2021]

  1. In addition to powers and duties hereinafter  provided, the Wyoming livestock board shall:
    1. Appoint a state veterinarian who is a  graduate of a veterinary college recognized by the American Veterinary  Medical Association and the Wyoming state board of veterinary medicine  and licensed to practice in Wyoming and who shall serve at the pleasure  of the board;
    2. Consult with the state veterinarian when  the state veterinarian appoints deputy state veterinarians. Any deputy  state veterinarians shall act under the direction of the Wyoming livestock  board and the state veterinarian. Deputy state veterinarians shall  be graduates of a veterinary college recognized by the American Veterinary  Medical Association and the Wyoming state board of veterinary medicine.  Deputy state veterinarians shall serve at the pleasure of the state  veterinarian. The state veterinarian shall supervise and control the  action of the deputy state veterinarians and prescribe their duties  and tenure of office;
    3. Supervise and control the action of the  state veterinarian and prescribe his duties and tenure of office;
    4. Remove the state veterinarian at any time;
    5. Promulgate and enforce rules, regulations  and orders it deems necessary for the importation of domestic animals,  excluding those animals covered in W.S. 23-3-301(a), recording and inspection of livestock brands, inspection,  testing, brucellosis vaccination or quarantining of any livestock  including brucellosis vaccination requirements for resident cattle  and cattle imported into Wyoming and to develop a livestock health  and emergency disease response program, including prevention, surveillance  and investigation of livestock diseases through naturally occurring  events or acts of agroterrorism. “Agroterrorism” for the purpose of  this section means an intentional release of a biological or chemical  agent that causes disease to livestock or crops or renders the food  products of livestock or crops unsafe for human consumption;
    6. Exercise the power and authority conferred  upon it by this act [§§ 11-18-101 through 11-18-119 ], either directly or through its agency;
    7. Designate an agency to act as its representative  as provided by W.S. 11-20-201 , recorded in its minutes, and transmit the name of the  agency to the auditor and treasurer of Wyoming;
    8. Develop a comprehensive livestock health  and emergency disease response program for reportable diseases as  identified in W.S. 11-19-102 ;
    9. Promote the prevention, surveillance,  investigation and elimination of diseases of concern and the protection  of the overall health of Wyoming livestock by maintaining science  based import regulations and quarantines and providing instruction  to the ports of entry, veterinarians and law enforcement;
    10. Administer the livestock law enforcement account created by W.S. 11-18-120 .

History. Laws 1933, ch. 85, § 14; C.S. 1945, § 56-113; W.S. 1957, § 11-263; Laws 1961, ch. 46, § 1; W.S. 1977, § 11-21-105; Laws 1978, ch. 32, § 1; 1983, ch. 187, § 1; 1994, ch. 96, § 1; 2002 Sp. Sess., ch. 22, § 1; 2006, ch. 92, § 1; 2007, ch. 191, § 1; 2009, ch. 120, § 1; 2019, ch. 182, § 2.

The 2006 amendment, effective July 1, 2006, rewrote (a)(ii)(A), (iii), and (iv), authorizing the position of director, giving more oversight and responsibility to a state veterinarian, who will nevertheless remain under the control of the state livestock board.

The 2007 amendment, rewrote (a).

Laws 2007, ch. 191, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

The 2009 amendment, effective July 1, 2009, in (a)(v), added “and to develop a livestock health and emergency disease response program, including prevention, surveillance and investigation of livestock diseases through naturally occurring events or acts of agroterrorism” to the first sentence and added the second sentence; added (a)(viii) and (a)(ix); and made related changes.

The 2019 amendment, effective July 1, 2019, added (a)(x).

The 2021 amendment, effective July 1, 2021, added (a)(xi).

Editor's notes. —

There is no subsection (b) and no subparagraph (a)(ii)(B) in this section as it appears in the printed acts.

Appropriations. —

Laws 2006, ch. 92, § 2, appropriates from the general fund to the livestock board two hundred twenty-one thousand five hundred dollars ($221,500.00) for the biennium to fund the director position pursuant to this act and authorizes one (1) full-time equivalent position for the position of director authorized by this act.

Laws 2009, ch. 120, § 2(a), provides as follows:

“(a) There is appropriated one hundred sixty thousand dollars ($160,000.00) from the general fund to the Wyoming livestock board as follows:

“(i) One hundred thousand dollars ($100,000.00) for one (1) full-time position for a field veterinary medical officer for salary and benefits. This position is to assist the state veterinarian in animal trace back, risk assessment, epidemiology, affected area owners and science based decisions;

“(ii) Forty-five thousand dollars ($45,000.00) for a contractor to develop a comprehensive technology plan and business analysis needed to assess and deploy a state-wide electronic system for ownership verification for the livestock brand program and the essential disease trace back and ownership for the livestock health and emergency disease response program that:

“(A) Includes integration and interfaces with new and existing databases, programs and applications;

“(B) Ensures system and data security and integrity;

“(C) Defines initial and on-going training and information technology maintenance resources; and

“(D) Is designed for user friendliness as well as accurate and efficient reporting.

“(iii) Fifteen thousand dollars ($15,000.00) for the vehicle, field office support and expenses for the additional positions authorized in this act.

“(b) The appropriations under subsection (a) of this section shall be for the period beginning with the effective date of this act and ending June 30, 2010. Notwithstanding any other provision of law, these appropriations shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from these appropriations shall revert as provided by law on June 30, 2010.”

Law reviews. —

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

§ 11-18-103. Livestock board; powers generally. [Effective July 1, 2021]

  1. In addition to powers and duties hereinafter  provided, the Wyoming livestock board shall:
    1. Appoint a state veterinarian who is a  graduate of a veterinary college recognized by the American Veterinary  Medical Association and the Wyoming state board of veterinary medicine  and licensed to practice in Wyoming and who shall serve at the pleasure  of the board;
    2. Consult with the state veterinarian when  the state veterinarian appoints deputy state veterinarians. Any deputy  state veterinarians shall act under the direction of the Wyoming livestock  board and the state veterinarian. Deputy state veterinarians shall  be graduates of a veterinary college recognized by the American Veterinary  Medical Association and the Wyoming state board of veterinary medicine.  Deputy state veterinarians shall serve at the pleasure of the state  veterinarian. The state veterinarian shall supervise and control the  action of the deputy state veterinarians and prescribe their duties  and tenure of office;
    3. Supervise and control the action of the  state veterinarian and prescribe his duties and tenure of office;
    4. Remove the state veterinarian at any time;
    5. Promulgate and enforce rules, regulations  and orders it deems necessary for the importation of domestic animals,  excluding those animals covered in W.S. 23-3-301(a), recording and inspection of livestock brands, inspection,  testing, brucellosis vaccination or quarantining of any livestock  including brucellosis vaccination requirements for resident cattle  and cattle imported into Wyoming and to develop a livestock health  and emergency disease response program, including prevention, surveillance  and investigation of livestock diseases through naturally occurring  events or acts of agroterrorism. “Agroterrorism” for the purpose of  this section means an intentional release of a biological or chemical  agent that causes disease to livestock or crops or renders the food  products of livestock or crops unsafe for human consumption;
    6. Exercise the power and authority conferred  upon it by this act [§§ 11-18-101 through 11-18-119 ], either directly or through its agency;
    7. Designate an agency to act as its representative  as provided by W.S. 11-20-201 , recorded in its minutes, and transmit the name of the  agency to the auditor and treasurer of Wyoming;
    8. Develop a comprehensive livestock health  and emergency disease response program for reportable diseases as  identified in W.S. 11-19-102 ;
    9. Promote the prevention, surveillance,  investigation and elimination of diseases of concern and the protection  of the overall health of Wyoming livestock by maintaining science  based import regulations and quarantines and providing instruction  to the ports of entry, veterinarians and law enforcement;
    10. Administer the livestock law enforcement account created by W.S. 11-18-120 .
    11. Convene when necessary for the purpose of considering the recommended closure of any elk feedground as provided under W.S. 23-1-305(a).

History. Laws 1933, ch. 85, § 14; C.S. 1945, § 56-113; W.S. 1957, § 11-263; Laws 1961, ch. 46, § 1; W.S. 1977, § 11-21-105; Laws 1978, ch. 32, § 1; 1983, ch. 187, § 1; 1994, ch. 96, § 1; 2002 Sp. Sess., ch. 22, § 1; 2006, ch. 92, § 1; 2007, ch. 191, § 1; 2009, ch. 120, § 1; 2019, ch. 182, § 2; 2021, ch. 97, § 2.

§ 11-18-104. Livestock board; oath.

Members of the Wyoming livestock board, before entering upon their duties, shall take the oath of office prescribed by the constitution, and file it in the office of the secretary of state.

History. Laws 1933, ch. 85, § 2; C.S. 1945, § 56-102; W.S. 1957, § 11-264; W.S. 1977, § 11-21-106; Laws 1978, ch. 32, § 1.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

§ 11-18-105. Livestock board; election of president; meetings generally.

The Wyoming livestock board shall elect one (1) of its members president. It shall meet at such times as called by the president, any three (3) members of the board, the state veterinarian or the director.

History. Laws 1933, ch. 85, § 4; C.S. 1945, § 56-104; W.S. 1957, § 11-265; Laws 1973, ch. 61, § 1; W.S. 1977, § 11-21-107; Laws 1978, ch. 32, § 1; 2007, ch. 191, § 1.

The 2007 amendment, substituted “the state veterinarian or the director” for “or the chief executive officer.”

Laws 2007, ch. 191, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

§ 11-18-106. Livestock board; quorum; compensation.

A majority of the board constitutes a quorum for the transaction of business. Members of the board shall receive compensation, mileage and per diem for time actually spent in the performance of their duties and traveling expenses while in attendance, and going to and from board meetings in the same manner and amount as members of the Wyoming legislature.

History. Laws 1933, ch. 85, § 3; C.S. 1945, § 56-103; W.S. 1957, § 11-266; W.S. 1977, § 11-21-108; Laws 1978, ch. 32, § 1; 2006, ch. 90, § 2.

Cross references. —

As to per diem and travel expenses of state employees, see § 9-3-102 .

As to mileage expense, see § 9-3-103 .

The 2006 amendment, effective July 1, 2006, substituted “mileage and per diem” for “at the rate of ten dollars ($10.00) per day,” and substituted “members of the Wyoming legislature” for “provided for state employees by W.S. 9-3-102 .”

Cited in

Sell v. State ex rel. Wyoming Workers' Safety & Compensation Div. (In re Sell), 7 P.3d 1, 2000 Wyo. LEXIS 131 (Wyo. 2000).

§ 11-18-107. Livestock board; seal.

The Wyoming livestock board shall have a seal upon which is engraved “Wyoming Livestock Board.”

History. Laws 1933, ch. 85, § 15; C.S. 1945, § 56-114; W.S. 1957, § 11-267; W.S. 1977, § 11-21-109; Laws 1978, ch. 32, § 1.

§ 11-18-108. Livestock board; report to governor.

The Wyoming livestock board shall report to the governor all proceedings and the condition of the livestock interest of Wyoming as required by W.S. 9-2-1014 .

History. Laws 1933, ch. 85, § 17; C.S. 1945, § 56-117; W.S. 1957, § 11-268; Laws 1973, ch. 215, § 1; W.S. 1977, § 11-21-110; Laws 1978, ch. 32, § 1.

§ 11-18-109. Disposition of collected fees and monies in general fund; payment of expenses of board.

  1. All fees and monies collected by the Wyoming livestock board or any of its officers, agents or employees, not specifically required by law to be credited to a different fund, shall be placed by the board in the general fund with receipt and acknowledgement submitted to the state treasurer.
  2. The expenses incurred in the conduct of the business of the Wyoming livestock board, the state veterinarian and the director, including the per diem of members of the board, the salaries or wages of the director, deputy state veterinarians and other necessary employees, traveling expenses, furnishing of offices, stationery, supplies and all other expenditures necessary and incident thereto, shall be paid out of the general fund appropriations provided by law. All expenses shall be itemized on the proper vouchers, approved by the director, covered by proper receipts, and paid by the state auditor from money appropriated by law.

History. Laws 1933, ch. 85, § 16; 1935, ch. 39, § 1; C.S. 1945, § 56-116; W.S. 1957, § 11-269; Laws 1961, ch. 46, § 2; 1973, ch. 11, § 1; ch. 245, § 3; W.S. 1977, § 11-21-111; Laws 1978, ch. 32, § 1; 2007, ch. 191, § 1; 2015, ch. 12, § 1.

The 2007 amendment, in (b), substituted variants of “director” for “chief executive officer” three times and inserted “the state veterinarian.”

Laws 2007, ch. 191, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

The 2015 amendment, effective July 1, 2015, in (b), substituted “board in the general fund with receipt and acknowledgement submitted to the state treasurer” for “state treasurer in the general fund” in (a); and substituted “auditor” for “treasurer” in the last sentence.

§ 11-18-110. Director; deputy directors; term; powers and duties generally; orders subject to review.

  1. The board shall appoint a director, who  shall be the chief executive officer of the board. The director shall  serve at the pleasure of the board and act as the secretary of the  Wyoming livestock board, subject to the rules and regulations of the  board. He may act for and perform the duties imposed by law upon the  board when the board is not in session, but an order or regulation  made by him is subject to review, modification or annulment by the  board at any subsequent meeting.
  2. The director may appoint deputy directors  for agency divisions. The deputy directors shall serve at the pleasure  of the director and are responsible to and under the control and supervision  of the director.
  3. The director shall supervise and control  the action of the other employees and prescribe their duties and tenure  of office.
  4. Unless otherwise specified in this chapter,  the director may only remove employees in accordance with personnel  rules of the state executive branch.

History. Laws 1933, ch. 85, § 6; C.S. 1945, § 56-106; W.S. 1957, § 11-272; W.S. 1977, § 11-21-114; Laws 1978, ch. 32, § 1; 2006, ch. 92, § 1; 2007, ch. 191, § 1.

The 2006 amendment, effective July 1, 2006, rewrote the first sentence in (a), making the director serve at the pleasure of the chief executive officer, and added (b) through (d).

The 2007 amendment, in (a), added the first sentence, and substituted “board” for “chief executive officer” in the second sentence.

Laws 2007, ch. 191, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

Appropriations. —

Laws 2006, ch. 92, § 2 appropriates from the general fund to the livestock board two hundred twenty-one thousand five hundred dollars ($221,500.00) for the biennium to fund the director position pursuant to this act and authorizes one (1) full-time equivalent position for the position of director authorized by this act.

§ 11-18-111. Deputy state veterinarians; appointment; powers and duties; term.

With the consent of the Wyoming livestock board and approval of either the federal veterinarian in charge of Wyoming or the chief of veterinary services, United States department of agriculture, the state veterinarian may appoint federal veterinary inspectors stationed in this state as deputy state veterinarians, and federal lay inspectors stationed in this state may be appointed agents of the Wyoming livestock board. All federal officers appointed as deputies or agents of the Wyoming livestock board shall possess the powers and duties of deputy state veterinarians or agents of the Wyoming livestock board, but they shall act without compensation and hold office only at the pleasure of the state veterinarian.

History. Laws 1933, ch. 85, § 9; C.S. 1945, § 56-109; W.S. 1957, § 11-274; W.S. 1977, § 11-21-115; Laws 1978, ch. 32, § 1.

§ 11-18-112. Authority of federal authorities and state inspectors to call sheriffs for assistance; failure to comply; penalties.

All federal authorities authorized, and the various inspectors of this state, may call upon any sheriff or peace officer in any county in this state to assist them in the discharge of their duties and those peace officers shall assist them when so requested. The federal inspector has the same power to enforce the laws of this state as the various inspectors of the state when authorized as aforesaid and engaged in the discharge of their official duties. Any person refusing to comply with the orders of such officer or federal inspector shall be punished as provided in W.S. 11-1-103 .

History. Laws 1909, ch. 60, § 23; C.S. 1910, § 2704; C.S. 1920, § 3213; R.S. 1931, § 67-1423; C.S. 1945, § 56-416; W.S. 1957, § 11-464; W.S. 1977, § 11-27-117; Laws 1978, ch. 32, § 1; 1981, ch. 98, § 2.

Applied in

Hoblyn v. Johnson, 2002 WY 152, 55 P.3d 1219, 2002 Wyo. LEXIS 173 (Wyo. 2002).

§ 11-18-113. When state veterinarian authorized to enter premises or vehicle to inspect livestock.

In the performance of their official duties, the state veterinarian or any agent or officer of the Wyoming livestock board may enter any place or vehicle used for the treatment, retention or transportation of livestock, including poultry, or where he has reason to believe any livestock affected with or exposed to infectious, contagious or communicable diseases may be found.

History. Laws 1933, ch. 85, § 10; C.S. 1945, § 56-110; W.S. 1957, § 11-275; W.S. 1977, § 11-21-116; Laws 1978, ch. 32, § 1.

Repealing clauses. —

Section 18, ch. 85, Laws 1933, repealed certain designated sections of R.S. 1931.

§§ 11-18-114 through 11-18-116. [Repealed.]

Repealed by Laws 1978, ch. 47, § 2.

Editor's notes. —

Sections 11-18-114 through 11-18-116, which derived from Laws 1947, ch. 33, §§ 1 through 3, relating to the state veterinary laboratory, formerly appeared as §§ 11-21-117 to 11-21-119 prior to revision of title 11 by § 1, ch. 32, Laws 1978, and §§ 11-21-117 to 11-21-119 were repealed by § 2, ch. 47, Laws 1978. For present similar provisions, see § 21-17-308 .

§ 11-18-117. Confidentiality of livestock premises and identification records; penalties.

  1. Except as provided by subsection (b) of this section, all records, data and information collected by the state, recorded or otherwise, for the purposes of a livestock identification program shall be confidential and are not public records for purposes of W.S. 16-4-201 through 16-4-205 . The records, data and information shall be released only upon order of the Wyoming livestock board to appropriate governmental agencies for the purposes of a livestock identification program, disease outbreak or law enforcement investigation. The board shall not release any records, data or information to a federal agency until the agency confirms in writing that it will maintain the records, data and information as confidential and that they are not subject to the federal Freedom of Information Act, 5 U.S.C. § 552, as amended. Upon release by the board of any information to any other governmental entity, the board shall notify the person to whom the information refers or pertains that the release has been made, the name of the entity to whom the information was released and shall provide a copy or summary of the information contained in the release. The records, data and information shall not be subject to discovery or introduction into evidence in any civil action.
  2. The Wyoming livestock board may release information collected for the purposes of a livestock identification program related to the ownership and location of individual animals to the extent the information is useful in controlling or preventing a disease outbreak or to show particular animals or herds are not involved in a disease outbreak. The information released may be a public release or may be limited to specific individuals with a need to know the information, as the livestock board deems the circumstances require.
  3. For the purposes of animal disease traceability, Wyoming livestock owners may choose to identify animals using any methods set forth in 9 C.F.R. part 86, as adopted on January 9, 2013, as well as any additional methods that are later approved by the Wyoming livestock board as “official identification”.
  4. Nothing in this section shall be construed to limit or amend the brucellosis surveillance or testing program administered by the state.
  5. A person who knowingly provides false information to the Wyoming livestock board for purposes of a livestock identification program shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment for up to six (6) months, or both.
  6. A person who refuses to provide to the livestock board information that is required under the authority of the livestock board for purposes of a mandatory livestock identification program shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment for up to six (6) months, or both.

History. Laws 2005, ch. 107, § 1; 2021, ch. 111, § 1.

The 2021 amendment deleted "national" preceding "livestock" throughout the section; added (c) and (d); and redesignated former (c) and (d) as (e) and (f).

Laws 2021, ch. 109, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

Effective dates. —

Laws 2005, ch. 107, § 2, makes the act effective July 1, 2005.

§ 11-18-118. Conducting business electronically.

The Wyoming livestock board may allow its business to be conducted electronically as provided by the Uniform Electronic Transactions Act, W.S. 40-21-101 through 40-21-119 .

History. Laws 2006, ch. 90, § 1.

Effective dates. —

Laws 2006, ch. 90, § 4, makes the act effective July 1, 2006.

§ 11-18-119. Veterinarian loan repayment program; rulemaking authority.

  1. The board is authorized to enter into  agreements with graduate veterinarians who are licensed to practice  in the state of Wyoming, to provide food animal health care in this  state. For purposes of this section, “food animal” means cattle, swine,  sheep or goats. The agreements shall:
    1. Provide for the veterinarian to practice  food animal veterinary medicine in a community of the state from among  a list of communities developed by the board. A veterinarian shall  agree to provide food animal veterinary care for the period of the  contract in underserved areas of the state;
    2. Provide that the veterinarian shall be  repaid up to one hundred percent (100%) of the total amount of outstanding  educational loans the veterinarian has acquired as a direct result  of undergraduate or postgraduate educational training directly related  to providing food animal veterinary services, not to exceed thirty  thousand dollars ($30,000.00) per year, including the matching funds  specified in subsection (d) of this section, in exchange for practicing  his profession under the terms of this section;
    3. Require the veterinarian to practice food  animal veterinary services for a minimum of three (3) years under  the agreement;
    4. Contain other provisions the board deems  necessary or appropriate to accomplish the purposes of this section.
  2. The board, in consultation with the appropriate  licensing board and professional association, shall promulgate rules  and regulations necessary to carry out the purposes of this section.  In carrying out this section the board shall assess food animal veterinary  care needs of the state by geographic areas and shall prioritize and  enter into agreements under this section accordingly.
  3. The board may vary the terms of each agreement  in accordance with this section based upon the community and the food  animal veterinary needs of the state.
  4. No state money shall be expended for repayment  of any loan under this section unless twenty-five percent (25%) of  the money is matched with other funds in any combination from any  county, city, veterinary clinic, animal care facility, state agency,  university, laboratory or veterinary association.

History. Laws 2008, ch. 118, § 1; 2010, ch. 2, § 1.

The 2010 amendment, in the introductory language of (a), inserted “graduate” and substituted “are licensed to practice in the state of Wyoming” for “have graduated from accredited veterinary colleges.”

Laws 2010, ch. 2 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2010.

Appropriations. —

Laws 2008, ch. 118, § 2, provides: “There is appropriated two hundred seventy thousand dollars ($270,000.00) from the general fund to the Wyoming livestock board. This appropriation shall only be expended for the purpose of providing for loan repayments pursuant to W.S. 11 18 119. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose. Any unexpended, unobligated funds remaining from this appropriation shall not revert but shall remain available for expenditure as provided by this act. A request for this appropriation amount shall be included in the Wyoming livestock board 2011-2012 exception biennial budget request.”

Effective date. —

Laws 2008, ch. 118, § 3, makes the act effective July 1, 2008.

§ 11-18-120. Livestock law enforcement account; reimbursement of county sheriffs by livestock board; rules.

  1. There is created the livestock law enforcement account. Unexpended, unobligated funds in the account shall revert to the general fund at the end of a biennium. Unless otherwise provided by law, the balance in the account shall not exceed five hundred thousand dollars ($500,000.00).
  2. Funds in the livestock law enforcement account shall only be expended by the livestock board to:
    1. Reimburse county sheriffs for activities relating to in-state and out-of-state livestock investigations;
    2. Provide training to county sheriffs regarding livestock enforcement.
  3. Notwithstanding any other provision of law, reimbursement provided under paragraph (b)(i) of this section shall be credited to the applicable account, fund, subaccount or other accounting unit within the budget of a county which is controlled by the county sheriff. Reimbursement provided under paragraph (b)(i) of this section shall not be withheld by a board of county commissioners from a county sheriff or deducted from the budget of a county sheriff.
  4. The livestock board shall adopt rules to implement this section, which shall include eligible expenses, rates and procedures for reimbursement.

History. Laws 2019, ch. 182, § 1.

Effective date. —

Laws 2019, ch. 182, § 4, makes the act effective July 1, 2019.

Chapter 19 Contagious and Infectious Diseases Among Livestock

Cross references. —

As to authorizing legislature to provide for protection of livestock against infectious and contagious diseases, see art. 19, § 1, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture §§ 38 to 48; 35A Am. Jur. 2d Food § 1 et seq.

Admissibility of opinion evidence of lay witnesses as to diseases and physical condition of animals, 49 ALR2d 932.

Communicable disease, extent of liability of seller of livestock infected with, 87 ALR2d 1317.

Extent of liability of seller of livestock infected with communicable disease, 14 ALR4th 1096.

3A C.J.S. Animals §§ 66 to 68, 73 to 98; 36A C.J.S. Food §§ 1 to 49.

Article 1. In General

§ 11-19-101. Duties of state veterinarian generally; failure to comply with provisions; penalty.

  1. The state veterinarian shall investigate  all cases of dangerously contagious or infectious diseases among domestic  animals in this state which are brought to his notice. In the absence  of specific information, he shall make inspections of any locality  where he has reason to suspect there is any contagious or infectious  disease. He shall order that all animals affected with, exposed to  or suspected of being affected with such diseases be gathered and  quarantined. No animals pronounced affected with a dangerously contagious  or infectious disease by the state veterinarian or his deputy or agent  shall be turned loose, removed or permitted to escape, but shall be  held subject to the order of the state veterinarian. All animals ordered  gathered shall be gathered within a reasonable time specified by the  state veterinarian.
  2. The state veterinarian may inspect, treat,  test, vaccinate, quarantine or sell any animal imported into Wyoming  in violation of W.S. 11-19-111 or any rules promulgated thereunder.
  3. Any person failing to comply with this  section shall be punished as provided in W.S. 11-1-103 .

History. Laws 1882, ch. 41, § 2; R.S. 1887, § 4200; R.S. 1899, § 147; C.S. 1910, § 192; Laws 1917, ch. 41, § 1; C.S. 1920, § 203; R.S. 1931, § 109-1103; C.S. 1945, § 56-201; W.S. 1957, § 11-279; W.S. 1977, § 11-22-101 ; Laws 1978, ch. 32, § 1; 1981, ch. 98, § 2; 2011, ch. 96, § 1.

Cross references. —

As to duties as a member of wildlife/livestock disease research partnership, see § 11-19-602 .

The 2011 amendment, added (b), and redesignated former (b) as (c).

Laws 2011, ch. 96, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

Cited in

Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

§ 11-19-102. Duty of public to report diseases; list of reportable diseases; failure to comply or obstruction of duty; liability; penalties.

  1. Any person or government entity who knows  or suspects that there is any contagious or infectious reportable  disease among animals owned by or under their jurisdiction or any  veterinarian who knows or suspects any reportable contagious or infectious  disease on any premises or in any animal, shall immediately report  the same to the state veterinarian. The state veterinarian shall establish  and manage a list of reportable diseases for any contagious or infectious  disease deemed by the state veterinarian to be a threat to domestic  animals. During development of this list the state veterinarian shall  consult with the Wyoming game and fish department’s supervisor of  veterinary research services. Information collected in response to  the list of reportable diseases shall be considered confidential proprietary  information. Access to any information collected under the list of  reportable diseases shall be limited to the person who reported the  disease and the state veterinarian, except that the state veterinarian  may at his discretion notify any of the following:
    1. The Wyoming livestock board;
    2. The state veterinary laboratory;
    3. The Wyoming game and fish director only  if the disease threatens wildlife;
    4. Any state or federal inspector, public  health official or peace officer who is actively involved in the investigation  of an outbreak or suspected outbreak of the contagious or infectious  disease;
    5. Owners of possible contact animals;
    6. Adjacent landowners; or
    7. Local area practicing veterinarians.
  2. The state veterinarian when he deems it  to be in the best interests of animal health, or the state public  health officer when he deems it to be in the best interests of human  public health, may release to the public any information collected  under subsection (a) of this section, except the identity of any individual  who reported the disease or whose animals may have contracted the  disease.
  3. A failure to report, or any attempt to  conceal the existence of the disease or to willfully or maliciously  obstruct or resist the veterinarian in the discharge of his duty is  a misdemeanor. Any person who willfully or maliciously falsifies a  report to the state veterinarian is guilty of a misdemeanor. Any person  convicted of any of the above acts or omissions shall be punished  as provided in W.S. 11-1-103 .
  4. Any person who knows that they own  or have in their possession any livestock as defined by W.S.11-20-101(a)(iv) infected with any disease formally declared by the Wyoming  livestock board, through rule and regulation, as being potentially  economically devastating and for which there is a valid diagnostic  test and who transfers ownership or possession of the livestock to  another person, or who knowingly or through his own neglect allows  the livestock to commingle with uninfected livestock, is liable for  the economic damages caused by the spread of the disease to uninfected  livestock. In addition to the conditions for liability and recovery  set in subsection (e) of this section, damages shall be available  under this subsection only to a transferee who accepts the diseased  animal directly from the liable person and to the owner of an animal  that becomes infected as the result of direct contact with the diseased  animal. The burden of proving liability and damages under this section  shall be upon the person claiming damages. Any person who files a  claim for recovery under this subsection alleging facts known to be  false is liable for three (3) times the damages caused by the false  claim and reasonable attorney fees.
  5. No person who has received written  notice that an animal is infected with a disease identified in subsection  (d) of this section prior to acquiring ownership or assuming possession  of the infected animal shall be entitled to the damages provided by  subsection (d) of this section. No livestock sales or auction facility  shall be subject to the liability imposed by subsection (d) of this  section if:
    1. The existence of disease was not reported  to the facility and the facility did not know of the existence of  the disease; or
    2. The facility provided written notice  of the disease to the person claiming damages under subsection (d)  of this section.

History. Laws 1882, ch. 41, § 8; R.S. 1887, § 4206; R.S. 1899, § 153; C.S. 1910, § 198; C.S. 1920, § 209; R.S. 1931, § 109-1110; C.S. 1945, § 56-206; W.S. 1957, § 11-280; W.S. 1977, § 11-22-102 ; Laws 1978, ch. 32, § 1; 1981, ch. 98, § 2; 2005, ch. 16, § 1; 2008, ch. 41, § 1; 2013, ch. 50, § 1.

The 2005 amendment rewrote the section, to require the state veterinarian to compile a list of reportable contagious or infectious diseases, to provide for the confidentiality of information except as provided, and to provide for a penalty for maliciously falsifying a report.

Laws 2005, ch. 16, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

The 2008 amendment, added (a)(vii) and made a related change.

Laws 2008, ch. 41, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The 2013 amendment, effective July 1, 2013, added (d) and (e).

§ 11-19-103. Quarantine of diseased animals generally; treatment, testing and vaccination thereof; effect of failure to obey order of state veterinarian; appeal; stay of action.

  1. In all cases of infectious and contagious disease among domestic animals in this state, the state veterinarian may order the quarantine of the infected premises. If the disease becomes epizootic in any locality in this state, the state veterinarian shall immediately notify the governor who shall issue his proclamation forbidding transfer of any animal of the kind among which the epizootic disease exists from the locality without permission from the state veterinarian.
  2. Whenever the state veterinarian finds  any infectious or contagious disease among domestic animals in any  section of the state he shall take such steps as will prevent the  spread of the disease. The state veterinarian may inspect and compel  the treatment, testing, vaccination or quarantine of all such animals  in Wyoming found to be infected or exposed to the disease or imported  in violation of W.S. 11-19-111 or any rules promulgated thereunder, under such rules  and regulations as he may adopt. Any order or regulation made by the  state veterinarian is subject to review, modification or annulment  by the board at any subsequent meeting.
  3. and  (d) Repealed by Laws 2011, ch. 96, § 2.
  4. If the owner or persons in charge of animals ordered treated, tested, vaccinated or quarantined after reasonable notice determined by the veterinarian, fail to treat, test, vaccinate or quarantine such animals as ordered, the veterinarian may seize or cause such animals to be seized and treated, tested, vaccinated or quarantined and may hold and sell the animals, or part thereof as necessary to pay all costs of inspection, seizing, caring for, treating, testing, vaccinating or quarantine together with cost of sale. The sale shall be made at the time and place and in the manner prescribed by the veterinarian. Not less than three (3) days nor more than fifteen (15) days notice of the time, place and purpose of the sale shall be given by the veterinarian to the owner or persons in charge of the animals, by personal service within the county in which the animals are being held if possible, and if not possible then such notice may be given either by personal service outside of the county or by advertisement in any paper selected by the veterinarian. The state veterinarian shall only sell the animals after all other remedies have been exhausted.
  5. The owner of animals so seized and held  may at any time prior to sale recover possession of the same by paying  to the state veterinarian the amount of costs incurred by order of  the veterinarian against the animals. Any sum realized from the sale  of the animals over the cost actually incurred against the animals  shall be returned to the owner of the animals if known or can by reasonable  diligence be found. Otherwise the overage shall be placed in the estray  fund and dispensed as provided by law.
  6. Any order or other action under this chapter  may be appealed by the owner, or the agent of the owner, of the animals  affected or by any aggrieved governmental entity to the board as follows:
    1. The appeal shall be requested within thirty  (30) days of the order or action, except that a quarantine may be  appealed at any time during the quarantine;
    2. An informal hearing may initially be requested.  A formal hearing may subsequently be requested and shall be conducted  as a contested case in accordance with the Wyoming Administrative  Procedure Act. The board shall render a final decision in writing  within ten (10) working days of the conclusion of the hearing;
    3. The board may alter, amend, annul or otherwise  modify any order in the event the board finds:
      1. The aggrieved person was injured by the  order or regulation; and
      2. The state veterinarian lacked legal authority  for the order or regulation; or
      3. The order or regulation was not needed  to:
        1. Protect the public health;
        2. Prevent the spread of animal disease;
        3. Preserve the ability to market Wyoming  livestock efficiently; or
        4. Implement a specific requirement of Wyoming  law.
    4. All decisions of the board are subject  to judicial review under the Wyoming Administrative Procedure Act.
  7. In the event of a foreign animal disease  outbreak, an act of animal agro-terrorism or other animal health emergency,  the state veterinarian shall have all of the resources of the livestock  board at his disposal. When such an event occurs, the state veterinarian  shall immediately notify the governor and shall advise him as to any  additional resources which may be needed to address the emergency.
  8. Any person failing to comply with this  section shall be punished as provided in W.S. 11-1-103 .
  9. The owner or producer of animals quarantined for brucellosis containment efforts may submit a claim at any time during the quarantine, or within thirty (30) days after release from quarantine, for reimbursement for actual expenses incurred in mitigating or attempting to mitigate the effects of the quarantine. The Wyoming livestock board, in consultation with the state veterinarian, shall promulgate rules for the processing of claims under this section.

History. Laws 1882, ch. 41, § 3; R.S. 1887, § 4201; R.S. 1899, § 148; Laws 1909, ch. 60, § 10; ch. 164, § 2; C.S. 1910, §§ 193, 2691; Laws 1911, ch. 96, § 1; 1915, ch. 107, § 3; 1917, ch. 80, § 1; C.S. 1920, §§ 204, 3200; Laws 1921, ch. 60, § 1; ch. 71, § 1; 1925, ch. 54, § 1; 1927, ch. 6, § 1; R.S. 1931, §§ 67-1410, 109-1105; C.S. 1945, §§ 56-202, 56-404; W.S. 1957, §§ 11-282, 11-450; W.S. 1977, §§ 11-22-104 , 11-27-103 ; Laws 1978, ch. 32, § 1; 2007, ch. 191, § 1; 2011, ch. 96, §§ 1, 2; 2013, ch. 12, § 1; 2020, ch. 94, § 1.

Cross references. —

Wyoming Administrative Procedure Act, see § 16-3-101(a), (b)(xi).

The 2007 amendment, in (b), inserted the last sentence; and added (g) and (h).

Laws 2007, ch. 191, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

The 2011 amendment, in (b), rewrote the second sentence which formerly read: “As a sanitary measure, he may inspect and compel the dipping, spraying, or other treatment of all such animals in Wyoming found to be infected or exposed to the disease, under such rules and regulations as he may adopt”; repealed former (c) and (d), which read: “Notwithstanding the provisions of subsection (b) of this section, no person shall be required to dip ewes with lambs between April 15 and July 1, but all ewes with lambs infected with or exposed to any infectious or contagious disease must be held in quarantine, separate from sound sheep. The owner of ewes with lambs held in quarantine during the above period of exemption is required to spot and hand dress animals showing symptoms of any infectious or contagious disease, and the state veterinarian or his agent may enforce such treatment and recover the cost thereof as provided by law for treatment at any other time of the year. (d) Where sheep must be dipped in the immediate vicinity of the quarantine and the owner fails to provide suitable facilities for dipping, the state veterinarian or his agent may prepare such dipping works at the expense of the owner. If the sheep cannot subsist on range forage until they have been treated, the state veterinarian shall provide feed at the owner's expense”; in (e), rewrote the first sentence which formerly read: “If the owner or persons in charge of animals ordered treated, after reasonable notice determined by the veterinarian, fail to dip, spray or otherwise treat such animals as ordered, the veterinarian may seize or cause such animals to be seized and dipped, sprayed or otherwise treated, and may hold and sell the animals, or part thereof as necessary to pay all costs of inspection, seizing, caring for, dipping, spraying or other treatment together with cost of sale,” and added the present last sentence; and added (j).

The 2013 amendment, effective July 1, 2013, in (a), substituted “epizootic” for “epidemic” and “epizootic disease” for “epidemic”; and substituted “animals” for “livestock” in (e).

The 2020 amendment, effective July 1, 2020, added (k).

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Validity of provisions. —

Chapter 164, Laws 1909 (§§ 11-19-103 , 11-19-105 ), was not invalid as an unlawful delegation of power to state veterinarian by conferring certain powers upon him for purpose of stamping out or preventing contagious disease among domestic animals. Arbuckle v. Pflaeging, 20 Wyo. 351, 123 P. 918, 1912 Wyo. LEXIS 40 (Wyo. 1912).

Police regulation. —

Statute providing for inspection of sheep and quarantine of infected animals is essentially a police regulation, and power thereby conferred upon sheep inspectors is not inhibited by constitution. Richter v. State, 16 Wyo. 437, 95 P. 51, 1908 Wyo. LEXIS 33 (Wyo. 1908).

Former provisions requiring compulsory dipping of all sheep within state, whether diseased or not, under inspector's supervision and state board regulation was proper exercise of the police power. State v. Hall, 27 Wyo. 224, 194 P. 476, 1920 Wyo. LEXIS 34 (Wyo. 1920).

§ 11-19-104. Slaughter of diseased animals; authority of veterinarian; slaughtering order; when consent of owner required.

  1. In any case of      epizootic disease where premises have been previously quarantined by the state  veterinarian, he may order the slaughter of any diseased animals upon  the premises and all animals that have been exposed to contagion or  infection under the following restrictions:
    1. The order shall be in writing with a duplicate  for each owner of the animals condemned;
    2. The original of each order shall be filed  by the veterinarian with the governor and a duplicate given to the  owner; and
    3. Before slaughtering any animal that has  been exposed only and does not show disease, the veterinarian shall  have the consent of the owner or person in charge of the animal to  be slaughtered.

History. Laws 1882, ch. 41, § 4; R.S. 1887, § 4202; R.S. 1899, § 149; C.S. 1910, § 194; C.S. 1920, § 205; R.S. 1931, § 109-1106; C.S. 1945, § 56-203; W.S. 1957, § 11-283; W.S. 1977, § 11-22-105 ; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, substituted “epizootic disease” for “epidemic disease” in (a).

Cross references. —

As to disposing of cattle infected with tuberculosis or Bang's disease, see § 11-19-214 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Law reviews. —

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

Am. Jur. 2d, ALR and C.J.S. references. —

Constitutionality of statute or ordinance providing for destruction of diseased animal, 56 ALR2d 1024.

Officer's liability for killing or injuring animals, while acting, or professing to act, under a statute in relation to the inspection or destruction of livestock, 2 ALR3d 822.

§ 11-19-105. [Repealed.]

Repealed by Laws 2012, ch. 90, § 2.

Editor's notes. —

This section, which derived from Laws 1882, ch. 41, § 5, related to slaughter of diseased animals, condemnation by veterinarian, burning of carcass and payment of expenses.

Laws 2012, ch. 90, § 3, makes the act effective July 1, 2012.

Validity of provisions. —

Chapter 164, Laws 1909 (§§ 11-19-103 , 11-19-105 ), was not invalid as an unlawful delegation of power to state veterinarian by conferring certain powers upon him for purpose of stamping out or preventing contagious disease among domestic animals. Arbuckle v. Pflaeging, 20 Wyo. 351, 123 P. 918, 1912 Wyo. LEXIS 40 (Wyo. 1912).

§ 11-19-106. Removal of diseased animals; owner's claims.

  1. All claims against the state arising from  the ordered disposal of animals by the state veterinarian for scrapie,  brucellosis and tuberculosis, together with the order of the veterinarian,  shall be submitted to the state auditor who shall examine them without  unnecessary delay. For purposes of this section, “disposal” means  to sell, send to slaughter or destroy the animal. For each claim he  finds to be equitable and entitled to indemnity under this chapter  the auditor shall issue his warrant on the state treasurer for the  sum named in the claim. All claims for indemnity arising under the  provisions of this chapter, before they are presented for payment  to the auditor, shall be submitted to the state veterinarian who shall  fully inform himself of the facts connected with each claim. The state  veterinarian shall endorse on each claim his approval or rejection  and shall express in such endorsement the reasons for his approval  or rejection.
  2. If the state veterinarian rejects a claim  it and the reasons for rejection shall be submitted to a board of  arbitration consisting of three (3) members selected as follows:
    1. The state veterinarian shall select one  (1) stock grower who is a resident of the county where the ordered  disposed animal for which the claim is made ranged;
    2. The claimant shall select one (1) stock  grower who is a resident of the same county; and
    3. These two (2) shall choose the third member  from among the stock growers of the same county.
  3. The indemnity granted under this section shall be the difference between the fair market value of the livestock and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law and regulation. Fair market value shall be determined by using comparable sales data from state markets at the time of removal or by the use of a qualified independent livestock appraiser as designated by the state veterinarian. If no sale is transacted, but an animal is removed for diagnostic purposes or disposal, the reimbursement provided shall be the fair market value minus any other reimbursement. Unless otherwise reimbursed, the cost of shipping or transportation and commission charges shall be added to the amount provided to the producer for livestock indemnification. It shall be paid to the owner upon his application and presentation of proofs prescribed herein within six (6) months of the date of ordered disposal for which payment is claimed. The claim shall be barred if not presented within the time limited.
  4. Payments shall be made by the state treasurer from funds appropriated to the animal reimbursement program account under W.S. 11-19-118 and as provided by W.S. 11-19-109 . The right to indemnity is limited to animals destroyed by reason of existence or suspected existence of some epizootic form of infectious or contagious diseases, generally fatal or incurable.
  5. There is no right to indemnity and payment  in the following cases:
    1. For animals belonging to the United States;
    2. For animals that are brought into the  state contrary to the laws of this state or the governor’s import  proclamation;
    3. For animals found to be diseased upon  arrival or that were exposed to the disease prior to their arrival  in the state under circumstances whereby the Wyoming owner knew or  should have known of such conditions;
    4. When an animal was previously affected  by any other disease which from its nature and development was incurable  and necessarily fatal;
    5. When the owner or person in charge has  knowingly or negligently omitted to comply with W.S. 11-19-104 or 11-19-105 ; or
    6. When the owner or claimant at the time  of coming in possession of the animal knew it to be diseased or received  the notice specified in W.S. 11-19-110 .
  6. The Wyoming livestock board, in consultation  with the state veterinarian, shall promulgate rules and regulations  for the processing of claims under this section.

History. Laws 1882, ch. 41, § 10; 1886, ch. 85, §§ 1, 2; R.S. 1887, § 4208; R.S. 1899, § 155; C.S. 1910, § 200; C.S. 1920, § 211; Laws 1921, ch. 70, § 1; R.S. 1931, § 109-1112; C.S. 1945, § 56-208; W.S. 1957, § 11-285; Laws 1973, ch. 199, § 1; W.S. 1977, § 11-22-107 ; Laws 1978, ch. 32, § 1; 1991, ch. 114, § 1; ch. 174, § 2; 2012, ch. 90, § 1; 2020, ch. 94, §§ 1, 2.

Cross references. —

As to payments to owners for destruction of swine affected with hog cholera, see § 11-19-113 .

As to payments to owners for destruction of cattle infected with tuberculosis or Bang's disease, see § 11-19-214 .

The 2012 amendment, effective July 1, 2012, in (a), substituted “ordered disposal of animals by the state veterinarian for scrapie, brucellosis and tuberculosis” for “slaughter of animals,” and added the present second sentence; substituted “ordered disposed” for “slaughtered” in (b)(i); rewrote (c), which read: “The indemnity granted shall be the fair market value of the livestock as determined by the department of agriculture. It shall be paid to the owner upon his application and presentation of proofs prescribed herein within six (6) months of the date of slaughter for which payment is claimed. The claim shall be barred if not presented within the time limited.”; and added (f) and (g).

The 2020 amendment, effective July 1, 2020, in (c) deleted the first two sentences, which read “Prior to the state veterinarian endorsing any payment be made for the ordered disposal of any livestock under this section, W.S. 11-19-214 or 11-19-406 , the state veterinarian shall ascertain that sufficient funds are available. The state veterinarian shall utilize available federal funds prior to state funds to pay the owner of the livestock” and substituted “indemnity granted under this section shall be” for “indemnity granted shall be”; and in (d) substituted “funds appropriated to the animal reimbursement program account under W.S. 11-19-118 and as provided” for “funds appropriated as provided”; and redesignated (g) as W.S. 11-19-118 (a).

Editor's notes. —

Section 11-19-110 , referred to in subsection (e)(vi), does not contain a notice requirement.

Law reviews. —

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

For case note, “Wildlife — Private Property Damage Law — Once Upon a Time in Wyoming There was Room for Millions of Cattle and Enough Habitat for Every Species of Game to Find a Luxurious Existence. In the Aftermath of Parker, Can We All Still Get Along? Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1993 Wyo. LEXIS 15 (Wyo. 1993),” see XXIX Land & Water L. Rev. 89 (1994).

§ 11-19-107. Auditor to pay claims allowed by board; effect of failure to submit claim to board.

The state auditor shall pay no claim for indemnity which is rejected by the state veterinarian, unless it has been submitted to arbitration and the arbitration board decided it to be legal and just. If any claimant refuses to submit his claim rejected by the veterinarian to a board of arbitration, the refusal is a waiver of all claim for indemnity.

History. Laws 1886, ch. 85, § 4; R.S. 1887, § 4210; R.S. 1899, § 158; C.S. 1910, § 203; C.S. 1920, § 214; R.S. 1931, § 109-1115; C.S. 1945, § 56-210; W.S. 1957, § 11-286; W.S. 1977, § 11-22-108 ; Laws 1978, ch. 32, § 1.

§ 11-19-108. Compensation of board.

Each member of a board of arbitration shall receive one hundred dollars ($100.00) for each day actually engaged and employed in the investigation of any claim, paid by the state veterinarian out of an appropriation for that purpose.

History. Laws 1886, ch. 85, § 3; R.S. 1887, § 4209; R.S. 1899, § 156; C.S. 1910, § 201; C.S. 1920, § 212; R.S. 1931, § 109-1113; C.S. 1945, § 56-209; W.S. 1957, § 11-287; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-22-109 ; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, substituted “one hundred dollars ($100.00)” for “five dollars ($5.00).”

§ 11-19-109. Limitations on indemnity.

The liability of the state for indemnity for animals destroyed under this act [§§ 11-19-101 through 11-19-117] in any two (2) years, is limited by and shall in no case exceed the amount especially appropriated for that purpose and for that period.

History. Laws 1882, ch. 41, § 12; R.S. 1887, § 4212; R.S. 1899, § 159; C.S. 1910, § 204; C.S. 1920, § 215; R.S. 1931, § 109-1116; C.S. 1945, § 56-211; W.S. 1957, § 11-288; W.S. 1977, § 11-22-110 ; Laws 1978, ch. 32, § 1.

Law reviews. —

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

§ 11-19-110. Quarantine of diseased animals; authority of veterinarian over animals in transit.

  1. The owner or person having in charge any  animal affected with or suspected of any contagious or infectious  disease shall immediately confine the animal in a safe place, isolated  from other animals, and with all necessary restrictions to prevent  dissemination of the disease until the arrival of the state veterinarian.
  2. The state veterinarian or his agent may  examine all animals passing through the state and on detection or  suspicion of disease may take possession of and treat and dispose  of animals in transit in the same manner as animals resident in the  state.

History. Laws 1882, ch. 41, § 9; R.S. 1887, § 4207; R.S. 1899, § 154; C.S. 1910, § 199; C.S. 1920, § 210; R.S. 1931, § 109-1111; C.S. 1945, § 56-207; W.S. 1957, § 11-289; W.S. 1977, § 11-22-111 ; Laws 1978, ch. 32, § 1.

Cross references. —

As to establishment of a food safety system, see § 35-7-123 et seq.

§ 11-19-111. Regulation of importation of animals; prohibited acts; penalties; applicability.

  1. The governor, upon recommendation of the  Wyoming livestock board, may regulate by proclamation the importation  into Wyoming from any other state any       animal, blood, microorganism or biologic  agent capable of causing any disease affecting livestock or other animals, or any      other item suspected of being infected or contaminated with      biologic agents capable of causing animal disease, except under such conditions as he deems proper for the protection  of the livestock, livestock animals as  defined in W.S. 11-29-101(a)(vi) and other domestic animals of Wyoming.  All requirements in the governor’s proclamation shall be enforced  by the Wyoming livestock board.
  2. After a proclamation is issued by the  governor it is unlawful for any person to import into Wyoming or receive  imports within this state from any other state any      animal, blood, microorganism or  biologic agent capable of causing any diseases affecting  livestock or other animals, or any product or      item suspected of  being infected or contaminated with      biologic agents capable of causing  animal disease, except under such conditions as may  be imposed by the proclamation. Any person who violates this section  shall be punished as provided in W.S. 11-1-103 . The violator is civilly liable for all damages and loss  sustained by any person by reason of violation of the proclamation.
  3. The proclamation authorized by this section  shall not prohibit the transportation of animals through Wyoming by  railroad as long as the animals are not unloaded in this state.
  4. The state veterinarian may inspect, treat,  test, vaccinate, quarantine or sell any livestock or other domestic animals imported into  Wyoming in violation of W.S. 11-19-111 or any rules promulgated thereunder. Any order or regulation  made by the state veterinarian is subject to review, modification  or annulment by the governor or the board at any subsequent meeting.
  5. An order of the state veterinarian under  subsection (d) of this section shall be subject to appeal and due  process as provided in W.S. 11-19-103 .

History. Laws 1882, ch. 41, § 7; R.S. 1887, § 4205; R.S. 1899, § 152; C.S. 1910, § 197; Laws 1917, ch. 40, § 1; C.S. 1920, § 208; R.S. 1931, § 109-1109; Laws 1939, ch. 11, § 1; C.S. 1945, § 56-205; W.S. 1957, § 11-290; W.S. 1977, § 11-22-112 ; Laws 1978, ch. 32, § 1; 1981, ch. 98, § 2; 2011, ch. 96, § 1; 2013, ch. 12, § 1.

The 2011 amendment, added (d) and (e).

Laws 2011, ch. 96, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

The 2013 amendment, effective July 1, 2013, in (a) and (b), substituted “animal, blood, microorganism or biologic agent capable of causing any diseases” for “livestock, or any virulent blood or live virus of any disease,” “item” for “thing,” and “biologic agents capable of causing animal disease” for “livestock disease germs”; added “or contaminated” in (a) and (b), “livestock animals as defined inW.S. 11-29-101(a)(vi) and other domestic animals” in (a); and “or other domestic animals” in (d).

Governor's proclamation constitutional. —

The governor's proclamation, issued pursuant to this section, did not constitute an unconstitutional delegation of legislative authority to the executive branch and did not burden interstate commerce. Mendicoa v. State, 780 P.2d 1346, 1989 Wyo. LEXIS 206 (Wyo. 1989).

No conviction for transporting cattle through state. —

The defendant's convictions on two counts of “importing” livestock into Wyoming without valid health certificates, in violation of this section and the governor's livestock import proclamation, were reversed, where the evidence showed that the cattle were transported through the state of Wyoming to Kansas or Oklahoma, and were never intended by defendant to be held, used, consumed or enjoyed in Wyoming or incorporated into its general mass of property. Mendicoa v. State, 780 P.2d 1346, 1989 Wyo. LEXIS 206 (Wyo. 1989).

Law reviews. —

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

§ 11-19-112. Cooperation with animal and plant health inspection service.

The state consents to having the animal and plant health inspection service (APHIS) of the United States department of agriculture and its employees come within Wyoming for all purposes connected with the importation and exportation of diseased livestock and for all purposes connected with the eradication, suppression and control of dangerously infectious and contagious diseases of livestock.

History. Laws 1917, ch. 100, § 1; C.S. 1920, § 219; R.S. 1931, § 109-1120; C.S. 1945, § 56-213; W.S. 1957, § 11-292; W.S. 1977, § 11-22-114 ; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, substituted “animal and plant health inspection service (APHIS)” for “bureau of animal industry.”

Cross references. —

As to appointment of federal veterinary inspectors as deputy state veterinarians, see § 11-18-111 .

§§ 11-19-113 through 11-19-117. [Repealed.]

Repealed by Laws 2013, ch. 12, § 2.

These sections, which derived from Laws 1909, ch. 60, § 9; Laws 1969, ch. 42, § 1-4, related to the destruction of swine to control hog cholera and liability for damages caused by quarantine.

§ 11-19-118. Animal reimbursement program account.

  1. There is created the animal reimbursement program account into which shall be deposited revenues as provided by law. Interest on earnings from funds in the account shall be credited to the account. Deposits into the account shall only be expended pursuant to this section, W.S. 11-19-103 , 11-19-106 , 11-19-214 , 11-19-406 and Wyoming livestock board rules. Notwithstanding W.S. 9-2-1008 or 9-4-207 , unexpended funds shall not revert.
  2. The state veterinarian shall report the balance of the account and the claims endorsed and paid each fiscal year to the joint appropriations committee and the joint agriculture, state and public lands and water resources interim committee.
  3. Before the state veterinarian endorses any payment to be made from this account for the ordered disposal of any livestock under W.S. 11-19-106 , 11-19-214 or 11-19-406 or for brucellosis testing and containment efforts pursuant to Wyoming livestock board rules or under W.S. 11-19-103 , the state veterinarian shall ascertain that sufficient funds are available in the account. The state veterinarian shall use available federal funds before using state funds to make any payment from this account.
  4. Not more than twenty-five thousand dollars ($25,000.00) shall be paid for any single quarantine effort under W.S. 11-19-103(k). The reimbursement limit under this subsection does not include any indemnity payment for livestock disposal under W.S. 11-19-106 , 11-19-214 or 11-19-406 . Payments from this account for quarantine efforts shall cease whenever the unexpended, unobligated account balance equals or is less than one hundred thousand dollars ($100,000.00). Payments from this account for quarantine efforts may resume after the unexpended, unobligated account balance exceeds one hundred thousand dollars ($100,000.00).
  5. The Wyoming livestock board, in consultation with the state veterinarian, shall promulgate rules to carry out the purposes of this section.

History. Laws 1882, ch. 41, § 10; 1886, ch. 85, §§ 1, 2; R.S. 1887, § 4208; R.S. 1899, § 155; C.S. 1910, § 200; C.S. 1920, § 211; Laws 1921, ch. 70, § 1; R.S. 1931, § 109-1112; C.S. 1945, § 56-208; W.S. 1957, § 11-285; Laws 1973, ch. 199, § 1; W.S. 1977, § 11-22-107 ; Laws 1978, ch. 32, § 1; 1991, ch. 114, § 1; ch. 174, § 2; 2012, ch. 90, § 1; Former Wyo. Stat. § 11-19-106 was renumbered to be 11-19-118 , by Laws 2020, ch. 94, § 2, effective July 1, 2020.

Effective date. — Laws 2020, ch. 94, § 2, makes the act effective July 1, 2020.

Article 2. Tuberculin Test of Dairy Cattle

Am. Jur. 2d, ALR and C.J.S. references. —

3 Am. Jur. 2d Agriculture §§ 38 to 48; 35A Am. Jur. 2d Food §§ 23, 36 to 40.

3A C.J.S. Animals §§ 66 to 68, 73 to 98; 36A C.J.S. Food §§ 3 to 49.

§ 11-19-201. Definitions.

  1. As used in this act:
    1. “Dairy      animal” means any  cow, sheep or goat, the  milk or milk products from which is sold or used for human consumption;
    2. “Livestock animal” means as defined  in W.S. 11-29-101(a)(vi);
    3. “This act” means W.S. 11-19-201 through 11-19-215 .

History. Laws 1917, ch. 77, § 7; C.S. 1920, § 3799; Laws 1925, ch. 58, § 1; R.S. 1931, § 45-307; C.S. 1945, § 46-507; W.S. 1957, § 11-293; W.S. 1977, § 11-22-201; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

Cross references. —

As to brucellosis test of cattle, see § 11-19-401 .

As to food safety system, see § 35-7-123 .

The 2013 amendment, effective July 1, 2013, in (a), substituted “Dairy animal” for “Dairy cow” and added “sheep or goat” in (i), and added the definition of “Livestock animal” in (ii), redesignating existing (ii) as (iii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§§ 11-19-202 through 11-19-207. [Repealed.]

History. Repealed by Repealed by Laws 2013, ch. 12, § 2.

§ 11-19-208. Ear tags; record to be kept of livestock animals tested.

Each livestock animal tested for tuberculosis shall have an official ear tag inserted in its ear. The testing veterinarian shall keep an official record of all livestock animals tested and submit a copy of the record to state and federal animal health officials.

History. Laws 1917, ch. 77, § 6; C.S. 1920, § 3798; R.S. 1931, § 45-306; C.S. 1945, § 46-506; W.S. 1957, § 11-300; W.S. 1977, § 11-22-208; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, rewrote the section.

§ 11-19-209. Tests of livestock animals.

Whenever the state veterinarian suspects that tuberculosis exists or has been introduced to livestock animals, he shall order the testing of the livestock animals.

History. Laws 1917, ch. 77, § 10; C.S. 1920, § 3802; R.S. 1931, § 45-310; C.S. 1945, § 46-510; W.S. 1957, § 11-301; W.S. 1977, § 11-22-209; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, substituted “introduced to livestock animals, he shall order the testing of the livestock animals” for “introduced by imported dairy cattle among any dairy cattle in this state, he shall order the retesting of same, regardless of any former tests made.”

§§ 11-19-210 through 11-19-213. [Repealed.]

History. Repealed by Repealed by Laws 2013, ch. 12, § 2.

§ 11-19-214. Disposition of diseased livestock.

All livestock animals in Wyoming found to be affected with or exposed to tuberculosis may be disposed on the origin premises or transported under the direction of the state veterinarian directly to an approved slaughter facility, rendering facility or veterinary diagnostic laboratory in accordance with federal regulations. Producers may be eligible for indemnification as provided in W.S. 11-19-106 for any livestock animal ordered disposed pursuant to this section.

History. Laws 1929, ch. 44, § 1; R.S. 1931, § 67-901; Laws 1939, ch. 27, § 1; C.S. 1945, § 46-515; W.S. 1957, § 11-306; Laws 1974, ch. 16, § 2; W.S. 1977, § 11-22-214; Laws 1978, ch. 32, § 1; 2005, ch. 18, § 2; 2012, ch. 90, § 1; 2013, ch. 12, § 1.

Cross references. —

See, also, § 11-19-406 .

The 2005 amendment rewrote the section, which pertained to cattle affected by either tuberculosis or Bang’s disease.

Laws 2005, ch. 18, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

The 2012 amendment, effective July 1, 2012, substituted the present last sentence for the former last sentence, which read: “Prior to directing that any affected livestock be sold under this section, the state veterinarian shall ascertain that sufficient funds are available from either federal or state sources to ensure that the owner of condemned livestock will be paid the difference between the market value at the time of quarantine and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law or regulation, the cost of shipping or transportation and commission charges.”

The 2013 amendment, effective July 1, 2013, twice added “animals” or a variant following “livestock,” deleted “lawfully” following “Wyoming,” added “or exposed to” following “affected with,” substituted “disposed on the origin premises” for “shipped,” substituted “directly” for “in accordance with federal regulations, to livestock markets and there sold for salvage and destroyed or transferred,” added “rendering facility” following “slaughter facility,” and made a related change.

Repealing clauses. —

Section 2, ch. 44, Laws 1929, repealed all laws and parts of laws in conflict with that act.

Law reviews. —

For case note, “Wildlife — Private Property Damage Law — Once Upon a Time in Wyoming There was Room for Millions of Cattle and Enough Habitat for Every Species of Game to Find a Luxurious Existence. In the Aftermath of Parker, Can We All Still Get Along? Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1993 Wyo. LEXIS 15 (Wyo. 1993),” see XXIX Land & Water L. Rev. 89 (1994).

§ 11-19-215. Prohibited acts; penalties.

Any person who intentionally interferes with, refuses to assist in gathering and testing his livestock animals, or hinders the work of the state veterinarian or his employees under this act, or who attempts to defeat the object of the tuberculin test by a previous injection of tuberculin commonly known as “plugging,” or in any way attempts to prevent an accurate and truthful determination of the condition of the livestock animals tested, shall be punished as provided in W.S. 11-1-103 .

History. Laws 1917, ch. 77, § 14; C.S. 1920, § 3806; Laws 1925, ch. 58, § 3; R.S. 1931, § 45-314; C.S. 1945, § 46-514; W.S. 1957, § 11-307; W.S. 1977, § 11-22-215; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment , effective July 1, 2013, twice added “animals” or a variant following “livestock,” deleted “lawfully” following “Wyoming,” added “or exposed to” following “affected with,” substituted “disposed on the origin premises” for “shipped,” substituted “directly” for “in accordance with federal regulations, to livestock markets and there sold for salvage and destroyed or transferred,” added “rendering facility” following “slaughter facility,” and made a related change.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-19-201(a)(iii).

Article 3. Tuberculosis Modified Accredited Areas

Cross references. —

As to tuberculin test of dairy cattle generally, see §§ 11-19-201 to 11-19-215 .

As to brucellosis test of cattle, see § 11-19-401 .

Am. Jur. 2d, ALR and C.J.S. references. —

3A C.J.S. Animals §§ 66 to 68, 73 to 98; 36A C.J.S. Food §§ 3 to 49.

§§ 11-19-301 and 11-19-302. [Repealed.]

History. Repealed by Laws 2013, ch. 12 § 2.

§ 11-19-303. Appropriations by counties for control of diseases.

The board of county commissioners may appropriate as much money as it deems necessary for the control and eradication of any infectious, contagious or communicable diseases of livestock. The funds shall be used in cooperation with the state veterinarian or the United States department of agriculture, animal and plant health inspection service (APHIS) in testing animals and disposing of diseased animals disclosed by the tests as provided by law.

History. Laws 1931, ch. 87, § 2; R.S. 1931, § 67-802; C.S. 1945, § 46-602; W.S. 1957, § 11-310; W.S. 1977, § 11-22-303; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, deleted “veterinary services,” before “United States” and added “animal and plant health inspection service (APHIS).”

§ 11-19-304. Prohibition on importation of cattle or bison; penalties.

Any person bringing cattle or bison into any tuberculosis accredited-free area except in compliance with the rules and regulations made by the state veterinarian shall upon conviction be punished as provided in W.S. 11-1-103 .

History. Laws 1931, ch. 87, § 5; R.S. 1931, § 67-805; C.S. 1945, § 46-605; W.S. 1957, § 11-311; W.S. 1977, § 11-22-304; Laws 1978, ch. 32, § 1; 2004, ch. 130, § 1; 2013, ch. 12, § 1.

The 2004 amendment inserted “for” following “be punished by imprisonment.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2013 amendment, effective July 1, 2013, substituted “cattle or bison into any tuberculosis accredited-free area” for “cattle into any ’tuberculosis modified accredited area’” and “as provided in W.S. 11-1-103 ” for “by imprisonment for not more than (1) year, or by a fine of not more than one hundred dollars ($100.00), or both.”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 11-19-305. Powers of state veterinarian.

The state veterinarian may make and enforce rules and regulations necessary for the enforcement of W.S. 11-19-303 through 11-19-306 .

History. Laws 1931, ch. 87, § 4; R.S. 1931, § 67-804; C.S. 1945, § 46-604; W.S. 1957, § 11-312; W.S. 1977, § 11-22-305; Laws 1978, ch. 32, § 1; 2013, ch. 150, § 1.

The 2013 amendment, effective July 1, 2013, substituted “ W.S. 11-19-303 ” for “ W.S. 11-19-301 .”

§ 11-19-306. Penalties for violation of rules and regulations.

Any person who violates any lawful rule or regulation made by the state veterinarian pursuant to W.S. 11-19-305 is guilty of a misdemeanor and upon conviction, shall be punished as provided in W.S. 11-1-103 .

History. Laws 1931, ch. 87, § 6; R.S. 1931, § 67-806; C.S. 1945, § 46-606; W.S. 1957, § 11-313; W.S. 1977, § 11-22-306; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, substituted “as provided in W.S. 11-1-103 ” for “by imprisonment for not more than (1) year, or by a fine of not more than one hundred dollars ($100.00), or both.”

Article 4. Brucellosis Test of Cattle

Cross references. —

As to tuberculin tests of dairy cattle, see §§ 11-19-201 to 11-19-215 .

As to sale, etc., of diseased cattle, see § 11-19-214 .

As to tuberculosis modified accredited areas, see §§ 11-19-303 to 11-19-306 .

As to food safety system, see § 35-7-123 .

Appropriations. —

Laws 2004, ch. 122, § 1, appropriates $1,650,605 from the general fund to the livestock board for the compensation of livestock producers related to the testing for brucellosis in the state. The compensation for surveillance testing may be paid at not more than $3.50 per head of cattle actually tested. Payment is to be made monthly directly to accredited veterinarians who perform brucellosis testing as mandated by rule of the Wyoming livestock board or the United States department of agriculture animal plant and health inspection service upon submission of a notarized invoice indicating the number of head tested, ownership of the animals tested and testing location. Up to $150,000 of this appropriation may be expended by the livestock board to purchase necessary brucellosis testing equipment, supplies and postage.

Laws 2004, ch. 122, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 16, 2004.

Am. Jur. 2d, ALR and C.J.S. references. —

3A C.J.S. Animals §§ 66 to 68, 73 to 98; 36A C.J.S. Food §§ 3 to 49.

§ 11-19-401. Tagging, branding and disposition of cattle reacting to test; penalties for failure to comply.

All livestock animals in Wyoming reacting to a confirmatory test for brucellosis (Bang’s disease) shall be immediately permanently branded with a hot iron letter “B” on the left tailhead by or in the presence of an officially authorized veterinarian. All such reactor livestock animals shall be disposed of for slaughter or diagnostic purposes only, upon and according to written instruction from the Wyoming livestock board. Any person who violates any provision of this section shall be punished as provided in W.S. 11-1-103 . As used in this section, “confirmatory test” means a test for brucellosis that has the specificity and sensitivity to verify the presence or absence of brucella abortus in animal serum or tissues and is used to confirm results from an initial brucellosis test.

History. Laws 1947, ch. 13, § 1; 1957, ch. 42, § 1; W.S. 1957, § 11-314; W.S. 1977, § 11-22-401; Laws 1978, ch. 32, § 1; 1981, ch. 98, § 2; 2013, ch. 12, § 1.

Cross references. —

As to sale of diseased cattle, see § 11-19-214 .

The 2013 amendment, effective July 1, 2013, rewrote the section.

Law reviews. —

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

§ 11-19-402. Breeding cattle and bison entering state to show evidence of negative test or vaccination for brucellosis; exceptions.

All breeding cattle and bison entering Wyoming shall be accompanied by a proper health certificate showing evidence of a negative blood test for brucellosis made within thirty (30) days prior to entry, or evidence of being officially vaccinated by a licensed veterinarian during calfhood against brucellosis. Breeding cattle and bison originating from brucellosis free areas and from certified brucellosis free herds entering Wyoming may be exempt from this section but must be accompanied by a proper health certificate.

History. Laws 1963, ch. 60, § 1; W.S. 1957, § 11-314.1; Laws 1965, ch. 19, § 1; W.S. 1977, § 11-22-402; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, substituted “bison” for “buffalo” twice and deleted “modified certified brucellosis areas, certified” before “brucellosis free areas.”

Law reviews. —

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

§ 11-19-403. When cattle or bison exempt from provisions.

Breeding cattle and bison entering Wyoming for the purpose of feeding only may be exempt from the requirements of W.S. 11-19-402 if they are placed under quarantine by the rules and regulations promulgated by the Wyoming livestock board.

History. Laws 1963, ch. 60, § 2; W.S. 1957, § 11-314.2; W.S. 1977, § 11-22-403; Laws 1978, ch. 32, § 1; 2013, ch. 12, § 1.

The 2013 amendment, effective July 1, 2013, substituted “bison” for “buffalo.”

§ 11-19-404. Applicability of provisions.

The Wyoming livestock board shall determine which of the requirements set forth in W.S. 11-19-402 through 11-19-404 apply to the various counties or areas within Wyoming.

History. Laws 1963, ch. 60, § 3; W.S. 1957, § 11-314.3; W.S. 1977, § 11-22-404; Laws 1978, ch. 32, § 1.

§ 11-19-405. Control of brucellosis; governor authorized to negotiate with federal agencies.

  1. In order to preserve the brucellosis-free  status of this state, the governor shall enter into negotiations with  any relevant parties including appropriate federal agencies on steps  necessary to ensure brucellosis is not passed from wildlife to livestock.
  2. The governor may direct any state agency  to take any actions needed to ensure brucellosis does not spread from  wildlife to livestock.
  3. In the event of a confirmed outbreak of  brucellosis, the governor may authorize the state veterinarian, with  the approval of the Wyoming livestock board, to require brucellosis  testing of all test eligible bovine or domestic bison at the farm  or ranch of origin or any licensed Wyoming livestock market prior  to a change of ownership for a period of up to eighteen (18) months.  At the end of the required testing period, the state veterinarian  shall review the testing requirement and may reimpose brucellosis  testing for one (1) or more successive periods under this subsection  if there is deemed by the state veterinarian to be a threat to Wyoming’s  brucellosis free status or if the state is designated as brucellosis  class A or lower status.
  4. The state veterinarian may direct any  Wyoming brand inspector to withhold a brand inspection for movement  or change of ownership to any person who has not shown evidence of  any required brucellosis test.
  5. As part of the state brucellosis surveillance  and prevention program, the state veterinarian may require brucellosis  testing of any test eligible bovine or domestic bison at any licensed  Wyoming livestock market at any time. Failure to comply shall result  in a suspension of the livestock market’s license.
  6. Any person who violates any provision  of this section shall be punished as provided by W.S. 11-1-103 .

History. Laws 1996, ch. 96, § 1; 2005, ch. 18, § 2; 2010, ch. 69, § 203.

The 2005 amendment added (c) through (f).

Laws 2005, ch. 18, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2005.

The 2010 amendment, effective July 1, 2010, in (a), deleted the former last sentence, which read: “If adequate progress is not made by September 1, 1996, in the negotiations or if the appropriate federal agencies are unwilling to act to control brucellosis or are obstructing necessary efforts to control brucellosis, the governor is authorized to direct the attorney general to bring appropriate legal action.”

Task force. —

Laws 2004, ch. 95, § 322, as amended by Laws 2005, ch. 191, § 4, creates the Wyoming brucellosis task force, appointed by the governor, whose purpose is to propose recommendations for policies, rules and legislation to combat brucellosis. The task force may contract with consultants as necessary to perform its duties. Not later than December 31, 2004 the task force is to report its recommendations to the governor and the legislature. The act appropriates $125,000 from the general fund to the department of agriculture for purposes of the act.

§ 11-19-406. Sale of diseased cattle or domestic bison.

All cattle or domestic bison in Wyoming lawfully found to be affected with brucellosis, including all sexually intact cattle or domestic bison that are part of a herd found to be affected with brucellosis, may be shipped or transported under the direction of the state veterinarian to livestock markets and sold for immediate slaughter or transferred to an approved slaughter facility or veterinary diagnostic laboratory in accordance with federal regulations. Payments under this section shall not be made by the state for any sexually intact female cattle or bison which are over twelve (12) months old and which are not official calfhood vaccinates as provided in board rule and regulation. Producers may be eligible for indemnification in accordance with W.S. 11-19-106 for any livestock ordered disposed pursuant to this section.

History. Laws 2005, ch. 18, § 1; 2012, ch. 90, § 1.

The 2012 amendment, effective July 1, 2012, deleted the former second sentence, which read: “Prior to directing that any cattle or bison that are part of an infected herd be sold under this section, the state veterinarian shall ascertain that sufficient funds are available from either federal or state sources to ensure that the owner of the condemned cattle or domestic bison will be paid the difference between the market value at the time of quarantine and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law or regulation, the cost of shipping or transportation and commission charges,” and added the present last sentence.

Effective dates. —

Laws 2005, ch. 18, § 3, makes the act effective immediately upon passage. Approved February 17, 2005.

§ 11-19-407. Brucellosis testing program.

  1. The livestock board shall develop a brucellosis surveillance program in any designated surveillance area as defined by the livestock board and any area of concern designated by the board and approved by the governor as an area where risk of exposure to documented infected wildlife is of concern. The program may be conducted with the help of veterinary practitioners and livestock auction markets. This program shall provide for the testing of livestock for brucellosis, for spaying heifers and for adult vaccinations only to the extent that may be reasonably necessary to maintain or to regain the brucellosis-free status of the state of Wyoming. Compensation under this program for all purposes except mandatory testing or testing within an area of concern as designated by the board and approved by the governor shall be pursuant to the terms of a livestock herd plan that has been entered into between the livestock producer and the Wyoming state veterinarian.
  2. The compensation for brucellosis surveillance testing, spaying heifers and adult vaccinations shall be paid at not less than one dollar and fifty cents ($1.50) per head and not more than eight dollars ($8.00) per head of cattle actually tested, spayed or adult vaccinated. Compensation for brucellosis testing, spaying or adult vaccinating may include the purchase of brucellosis testing, spaying or adult vaccinating equipment, supplies and postage.
  3. Payments under subsection (b) of this section shall be made monthly directly to accredited veterinarians who perform brucellosis testing, spaying, adult vaccinating and surveillance planning or to livestock auction markets that use their facilities and veterinarians to conduct brucellosis testing, spaying or adult vaccinating as mandated by rule of the Wyoming livestock board or the United States department of agriculture animal plant and health inspection service. The payment shall be made upon submission to the Wyoming livestock board of a notarized invoice indicating the number of head tested, spayed or adult vaccinated, the ownership of the animals tested, spayed or adult vaccinated and the testing, spaying or adult vaccinating location.

History. Laws 2008, ch. 119, § 1; 2009, ch. 17, § 1; 2014, ch. 83, § 1.

The 2009 amendment, in (a), substituted “surveillance” for “testing” and “in the designated surveillance area as defined by the livestock board. The program” for “which,” inserted “or to regain,” inserted all references to “spaying heifers and adult vaccinations” in (a) through (c); and added the last sentence.

Laws 2009, ch. 17, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article art. 4, § 8, of the Wyo. Const. Approved February 24, 2009.

The 2014 amendment, in the first sentence of (a), substituted “any” for “the” and inserted “and any area of concern designated by the board and approved by the governor as an area where risk of exposure to documented infected wildlife is of concern” preceding the period, in the middle of the fourth sentence, inserted “or testing within an area of concern as designated by the board and approved by the governor.”

Laws 2014, ch. 83, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 10, 2014.

Effective dates. —

Laws 2008, ch. 119, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Article 5. Regulation and Inspection of Sheep

§ 11-19-501. When notice of importation to be made; contents; applicability of rules and regulations of board.

  1. Any person intending to bring or cause  to be brought any sheep from any other state or territory, the District  of Columbia or any foreign country into Wyoming in any manner except  by shipping them through the state by railroad or truck, shall, ten  (10) days before crossing the state line, notify the executive officer  of the board of the proposed action. The notice shall set forth the  number of sheep, the brands or marks thereon, the name of the owner  and the locality from which the sheep came and through which they  have been driven.
  2. Sheep trailed or shipped into the state  from adjoining states for immediate interstate shipment or for show  and exhibition purposes, sheep grazing along and across state lines,  and sheep shipped from any part of this state to feed yards in any  other part of the state when shipment is made by interstate route,  are governed by the rules and regulations of the board.

History. Laws 1909, ch. 60, § 13; C.S. 1910, § 2694; Laws 1913, ch. 122, § 1; C.S. 1920, § 3203; Laws 1931, ch. 66, § 1; R.S. 1931, § 67-1413; C.S. 1945, § 56-407; W.S. 1957, § 11-453; W.S. 1977, § 11-27-106 ; Laws 1978, ch. 32, § 1.

Jurisdiction. —

Justice of the peace has no jurisdiction to impose sentence upon one accused of unlawfully bringing sheep into state without notifying board of sheep commissioners (now livestock board), since fine authorized to be imposed is in excess of his jurisdiction. Houtz v. Board of Comm'rs, 11 Wyo. 152, 70 P. 840, 1902 Wyo. LEXIS 30 (Wyo. 1902).

§ 11-19-502. Unloading sheep in transit prohibited; exception; cost of enforcement.

Any sheep in transit through this state shall not be unloaded for any purpose except for feeding, and shall be held in the feed yards or in grazing grounds and not allowed to leave. All expenses of enforcing this section shall be paid by the owner of the sheep.

History. Laws 1909, ch. 60, § 15; C.S. 1910, § 2696; C.S. 1920, § 3205; R.S. 1931, § 67-1415; C.S. 1945, § 56-409; W.S. 1957, § 11-455; W.S. 1977, § 11-27-108; Laws 1978, ch. 32, § 1.

§ 11-19-503. Bringing infected sheep into state prohibited.

It is unlawful for any person to bring into this state any sheep infected with any infectious or contagious disease, or that have been exposed to such disease.

History. Laws 1909, ch. 60, § 12; C.S. 1910, § 2693; C.S. 1920, § 3202; R.S. 1931, § 67-1412; C.S. 1945, § 56-406; W.S. 1957, § 11-456; W.S. 1977, § 11-27-109; Laws 1978, ch. 32, § 1.

Exercise of police power. —

This section is not a regulation of commerce between the states, but a reasonable exercise of the state's police power. Patrick v. State, 17 Wyo. 260, 98 P. 588, 1908 Wyo. LEXIS 17 (Wyo. 1908).

Jurisdiction of court. —

The district court of a county located in the interior of the state has jurisdiction in a prosecution under this section. Patrick v. State, 17 Wyo. 260, 98 P. 588, 1908 Wyo. LEXIS 17 (Wyo. 1908).

Pleadings. —

In an information charging accused with bringing diseased sheep into the state, and also causing such sheep to be brought into the state, crime was sufficiently charged, allegation that accused caused the sheep to be brought into the state being mere surplusage. Patrick v. State, 17 Wyo. 260, 98 P. 588, 1908 Wyo. LEXIS 17 (Wyo. 1908).

Defect in information charging accused with bringing diseased sheep into state was waived by pleading to the merits. Patrick v. State, 17 Wyo. 260, 98 P. 588, 1908 Wyo. LEXIS 17 (Wyo. 1908).

§ 11-19-504. Refusal to give information deemed misdemeanor.

Any herder or other person in charge of sheep who willfully refuses to give an inspector information as to the condition of sheep in his charge is guilty of a misdemeanor punishable as provided by W.S. 11-19-506 .

History. Laws 1909, ch. 60, § 18; C.S. 1910, § 2699; C.S. 1920, § 3208; R.S. 1931, § 67-1418; C.S. 1945, § 56-412; W.S. 1957, § 11-459; W.S. 1977, § 11-27-112; Laws 1978, ch. 32, § 1.

§ 11-19-505. Owners to be jointly and severally liable; when arrest necessary; service of summons and complaint.

In any action arising under W.S. 11-19-501 through 11-19-505 , all persons owning or having control of the sheep concerning which the action is had, are liable severally and jointly. In criminal actions, no arrest is necessary except in case of nonresident persons, but a summons containing notice of the time and place of trial, together with a copy of the complaint filed in a circuit court, or in the court in which the action is commenced, shall be served in the same manner and for the length of time provided by law for the service of summons in civil cases.

History. Laws 1909, ch. 60, § 18; C.S. 1910, § 2699; C.S. 1920, § 3208; R.S. 1931, § 67-1418; C.S. 1945, § 56-412; W.S. 1957, § 11-459; W.S. 1977, § 11-27-112; Laws 1978, ch. 32, § 1; 2004, ch. 42, § 1.

Cross references. —

For definition of “stock owner,” see § 11-20-101 .

The 2004 amendment substituted “in a circuit court” for “before a justice of the peace.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§ 11-19-506. Penalties.

Any person who violates W.S. 11-19-501 through 11-19-505 shall be fined not more than five thousand dollars ($5,000.00) or imprisoned not more than one (1) year, or both.

History. Laws 1909, ch. 60, §§ 12, 13, 15, 18; C.S. 1910, §§ 2693, 2694, 2696, 2699; Laws 1913, ch. 122, § 1; C.S. 1920, §§ 3202, 3203, 3205, 3208; Laws 1931, ch. 66, § 1; R.S. 1931, §§ 67-1412, 67-1413, 67-1415, 67-1418; C.S. 1945, §§ 56-406, 56-407, 56-409, 56-412; W.S. 1957, §§ 11-453, 11-455, 11-456, 11-459; W.S. 1977, §§ 11-19-506 , 11-27-106 , 11-27-108, 11-27-109, 11-27-112; Laws 1978, ch. 32, § 1.

Jurisdiction. —

Justice of the peace has no jurisdiction to impose sentence upon one accused of unlawfully bringing sheep into state without notifying board of sheep commissioners (now livestock board), since fine authorized to be imposed is in excess of his jurisdiction. Houtz v. Board of Comm'rs, 11 Wyo. 152, 70 P. 840, 1902 Wyo. LEXIS 30 (Wyo. 1902).

The district court of a county located in the interior of the state has jurisdiction in a prosecution under this section. Patrick v. State, 17 Wyo. 260, 98 P. 588, 1908 Wyo. LEXIS 17 (Wyo. 1908).

Article 6. Wildlife/Livestock Disease Research Partnership

§ 11-19-601. Findings; purposes.

  1. The interaction of livestock and wildlife  may lead to mutual or shared diseases. Some of these diseases may  have the potential to adversely affect Wyoming’s livestock producers  and influence the management of Wyoming’s free-ranging wildlife. Research  into these diseases may provide strategies or solutions that benefit  Wyoming’s livestock industries and wildlife resources.
  2. The purpose of the Wyoming wildlife/livestock  disease research partnership is to utilize existing personnel and  facilities of the state, to identify funding sources, to enhance wildlife  and livestock disease research in the state, and to understand, manage,  control and preempt potentially mutual or shared diseases that may  impact wildlife, livestock or humans.

History. Laws 2001, ch. 179, § 1.

§ 11-19-602. Wyoming wildlife/livestock disease research partnership board created; membership; duties; purposes.

  1. There is created the wildlife/livestock  disease research partnership board within the department. The board  shall consist of the following members or their designees:
    1. The director of the department;
    2. The director of the Wyoming game and fish  department;
    3. The vice-president for research at the  University of Wyoming;
    4. The director of the Wyoming state veterinary  laboratory; and
    5. The state veterinarian.
  2. The board shall:
    1. Accept funding from all sources, including  federal, state and local governments and private donations to carry  out the purposes of this article;
    2. Leverage funds received to match other  funds that may be available to the board;
    3. Deposit funds received into the account  created by W.S. 11-19-603 . No funds may be withdrawn or otherwise expended without  the specific consent of at least three (3) members of the board;
    4. Accept, review and prioritize research  proposals submitted to the board;
    5. Seek support for programs and projects  consistent with the purposes of the board;
    6. Allocate funds for research which serve  the goals of understanding, managing, controlling or preempting potentially  mutual or shared diseases that impact wild and domestic animals or  humans in the state.
  3. In approving research requests for funding,  the board shall first consider any requests for funding from the Wyoming  game and fish department, the University of Wyoming, the Wyoming department  of agriculture and the Wyoming livestock board. After consideration  of requests from those state agencies, the board may consider requests  from other entities.
  4. All research projects requesting funding  from the board shall be submitted to the board in a form and manner  specified by the board. The approval of not less than three (3) members  of the board shall be required prior to funding of a project with  funds received under this section.

History. Laws 2001, ch. 179, § 1.

§ 11-19-603. Account created.

There is created a wildlife/livestock disease research partnership account. Funds from this account shall be used only for purposes specified in W.S. 11-19-601 through 11-19-604 . Any interest earned on the account shall remain within the account.

History. Laws 2001, ch. 179, § 1; 2005, ch. 231, § 1; 2015, ch. 141, § 2.

The 2005 amendment, effective July 1, 2005, deleted “within the special revenue fund” at the end of the first sentence.

The 2015 amendment, substituted “W.S. 11-19-601 through 11-19-604 ” for “W.S. 11-19-602 .”

Laws 2015, ch. 141, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides:

“The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Appropriations. —

Laws 2011, ch. 145, §§ 1, 2, provides:

Section 1. “There is appropriated one hundred twenty-five thousand dollars ($125,000.00) from the general fund to the wildlife/livestock disease research partnership account created by W.S. 11-19-603 . This appropriation shall be for the period beginning with the effective date of this act. This appropriation shall only be expended for the purposes provided in W.S. 11-19-602 for nonbrucellosis related research. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall not revert until further action of the legislature.”

Section 2. “This act is effective July 1, 2011.”

§ 11-19-604. Wyoming bighorn/domestic sheep plan.

  1. The Wyoming bighorn/domestic sheep plan shall be developed and maintained by rule and regulation as provided in this section to address potential conflicts arising out of the interaction between bighorn sheep and domestic sheep within the state. The final report and recommendations from the Wyoming state-wide bighorn/domestic sheep interaction working group dated September 2004 together with appendices A through N as adopted by the group is adopted as the initial Wyoming bighorn/domestic sheep plan under this section and shall continue as revised or amended until repealed or nullified pursuant to law.
  2. Rules and regulations necessary to administer this article shall be promulgated jointly by the game and fish commission, the board of agriculture and the livestock board. The game and fish commission, the board of agriculture and the livestock board may jointly consider recommendations for changes to the plan and may revise or amend the plan through the rulemaking process pursuant to the Wyoming Administrative Procedure Act.
  3. The goal of the Wyoming bighorn/domestic sheep plan shall be to maintain the health of bighorn sheep populations while sustaining an economically viable domestic sheep population.
  4. The most current version of the Wyoming bighorn/domestic sheep plan shall be published on the website of the game and fish commission.
  5. In conformance with the Wyoming bighorn/domestic sheep plan the game and fish department may relocate or remove bighorn sheep to another area of the state if a federal judicial action or agency decision would require elimination of domestic sheep grazing in any area or herd unit designated in the Wyoming bighorn/domestic sheep plan as a nonemphasis herd. The game and fish department shall be reimbursed for the costs of relocation or removal of sheep under this subsection from funds available in the wildlife/livestock disease research partnership account.

History. Laws 2015, ch. 141, § 1.

Effective dates. — Laws 2015, ch. 141, § 1 makes the act effective March 4, 2015.

Chapter 20 Brands

Cross references. —

As to brand inspection in connection with purchases, sales and transportation of hides and carcasses generally, see §§ 11-23-201 to 11-23-207 .

As to misbranding livestock, see § 11-30-104 .

As to agricultural marketing, see ch. 35 of this title.

As to dairy marketing, see ch. 36 of this title.

As to requiring legislature to provide for protection of livestock and stock owners, see art. 19, § 1, Wyo. Const.

As to cooperative marketing associations, see §§ 17-10-101 to 17-10-126.

As to use of brand of dead animal in proof of ownership thereof in connection with failure of owner to remove or bury dead animal, see § 35-10-104 .

Article 1. Branding and Ranging

Am. Jur. 2d, ALR and C.J.S. references. —

4 Am. Jur. 2d Animals §§ 8, 9, 20, 40 to 42, 75, 112.

Liability for injury to vehicle or person riding therein by animal at large in street or highway, 59 ALR2d 1328.

Liability for personal injury or death caused by trespassing or intruding livestock, 88 ALR2d 709, 44 ALR4th 678.

Liability for injury to trespassing stock from poisonous substances on the premises, 12 ALR3d 1103.

3A C.J.S. Animals §§ 4 to 10, 16 to 37, 121, 122, 137 to 169.

§ 11-20-101. Definitions.

  1. As used in this act:
    1. “Agency” means the corporation, if any,  designated by the board as its authorized representative to carry  out the functions to be performed by the board and if there is no  such agency, then it means the board;
    2. “Board” means the Wyoming livestock board;
    3. “Inspectors” means those persons appointed  by the agency to execute the duties prescribed by law, rules, regulations  and orders for the protection of the livestock industry in Wyoming;
    4. “Livestock” means cattle, horses, mules,  asses and sheep. The board acting in conjunction with the game and  fish commission may designate individual bison or identifiable herds  of bison as wildlife;
    5. “Stock drover” means any person driving  livestock through any county in Wyoming;
    6. “Stock owner” means any person who owns  livestock;
    7. “This act” means W.S. 11-19-101 through 11-19-506 , 11-20-101 through 11-24-115 and 11-30-101 through 11-30-115 ;
    8. “Brand” means a brand, mark or other board  approved means of identification including any electronic device used  for livestock identification.

History. Laws 1890, ch. 39, § 3; R.S. 1899, § 1987; C.S. 1910, § 2597; C.S. 1920, § 3090; R.S. 1931, § 67-202; C.S. 1945, § 56-502; W.S. 1957, § 11-319; Laws 1961, ch. 46, § 3; 1973, ch. 61, § 1; W.S. 1977, § 11-23-101 ; Laws 1978, ch. 32, § 1; 1979, ch. 63, § 2; 1994, ch. 96, § 1; 2004, ch. 130, § 1; 2007, ch. 105, § 1; 2010, ch. 61, § 1.

The 2004 amendment, in (a)(vii), substituted “11-30-115” for “11-30-112.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2007 amendment, effective July 1, 2007, in (a)(iv) deleted “and” preceding “sheep” and inserted “, goats, llamas and alpacas” following “sheep.”

The 2010 amendment, in (a)(iv), substituted “asses and sheep” for “asses, sheep, goats, llamas and alpacas.”

Laws 2010, ch. 61, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2010.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Several sections included in the definition of “[t]his act” have been repealed.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?” see XI Land & Water L. Rev. 27 (1976).

§ 11-20-102. Stock running at large to be branded.

Every stock owner allowing his livestock over six (6) months old to run at large or mingle with livestock other than his own, shall brand his livestock with his recorded brand.

History. Laws 1890, ch. 39, § 14; R.S. 1899, § 1988; C.S. 1910, § 2598; C.S. 1920, § 3091; R.S. 1931, § 67-203; C.S. 1945, § 56-516; W.S. 1957, § 11-323; W.S. 1977, § 11-23-103 ; Laws 1978, ch. 32, § 1.

§ 11-20-103. Brands; application; contents; recording fees; refund; disposition thereof.

  1. Any person desiring to adopt any brand  to be used to brand livestock in this state, shall before using the  brand make application to the Wyoming livestock board. The application  shall:
    1. Contain a facsimile or a description of  the brand;
    2. State the species of livestock for which  the brand is to be used;
    3. State the place on the animal where the  brand will be applied, and whether it is to be applied with hot iron,  paint, tattoo or other means;
    4. Repealed by Laws 1996, ch. 25, § 2.
  2. The application shall be accompanied by  a recording fee of not less than one hundred fifty dollars ($150.00)  for the first species of livestock and not less than seventy-five  dollars ($75.00) for each additional species of livestock for which  the brand is to be used. In the event a brand is not recorded, twenty-five  percent (25%) of the recording fee shall be retained by the Wyoming  livestock board and the balance of the fee shall be refunded to the  applicant. A certified copy of the recorded brand shall be given to  the owner. All fees collected shall be deposited into the account  created by W.S. 11-20-405 .
  3. Repealed by Laws 2010, ch. 69, § 204.

History. Laws 1909, ch. 44, § 3; C.S. 1910, § 2601; Laws 1913, ch. 126, § 1; C.S. 1920, § 3093; Laws 1921, ch. 13, § 1; R.S. 1931, § 67-205; C.S. 1945, § 56-507; Laws 1953, ch. 39, § 1; 1957, ch. 163, § 2; W.S. 1957, § 11-324; Laws 1961, ch. 46, § 4; 1965, ch. 103, § 1; 1973, ch. 245, § 3; W.S. 1977, §§ 11-23-104 , 11-23-121; Laws 1978, ch. 32, § 1; 1981, ch. 18, § 1; 1994, ch. 96, § 1; 1996, ch. 25, § 2; 2006, ch. 39, § 2; 2007, ch. 105, § 1; 2010, ch. 69, § 204.

The 2006 amendment, inserted the second sentence in (b) and added (c).

Laws 2006 ch. 39, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2006.

The 2007 amendment, effective July 1, 2007, in (b) substituted “not less than one hundred fifty dollars ($150.00)” for “one hundred dollars ($100.00)”, substituted “not less than seventy-five dollars ($75.00” for “fifty dollars ($50.00)”, substituted “twenty-five percent (25%)” for “twenty-five dollars ($25.00).”

The 2010 amendment, effective July 1, 2010, repealed former (c), which read: “Brand applications under this section may be charged a surcharge pursuant to W.S. 11-20-405(c).”

Editor's notes. —

Laws 2007, ch. 105, § 3, states as follows: “The brand recording and inspection fees specified in this act shall remain at the levels in effect on July 1, 2007, and shall not be adjusted before December 31, 2007. After December 31, 2007, the board may adjust the fees specified in this act subject to the limitations specified in W.S. 11-20-408(b).”

§ 11-20-104. Brands; recording generally.

Upon receipt of the application and fee the brand shall be recorded in the state brand record. If the brand has been previously recorded the executive officer of the board shall suggest a brand that can be recorded. The executive officer of the board shall not record any brand which in his opinion would conflict with any brand of record.

History. Laws 1909, ch. 44, § 3; C.S. 1910, § 2601; Laws 1913, ch. 126, § 1; C.S. 1920, § 3093; Laws 1921, ch. 13, § 1; R.S. 1931, § 67-205; C.S. 1945, § 56-507; Laws 1953, ch. 39, § 1; 1957, ch. 163, § 2; W.S. 1957, § 11-324; W.S. 1977, § 11-23-104 ; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1; 1996, ch. 25, § 1.

Cited in

Estate of Harris v. Harris, 218 F.3d 1140, 2000 U.S. App. LEXIS 15704 (10th Cir. 2000).

§ 11-20-105. Brands; extension to other species.

If a recorded brand is used exclusively for the identification of a particular species of livestock, the executive officer of the board may record the identical brand in the name of another person to identify his ownership of a species of livestock other than the species for which the brand is presently recorded.

History. Laws 1909, ch. 44, § 3; C.S. 1910, § 2601; Laws 1913, ch. 126, § 1; C.S. 1920, § 3093; Laws 1921, ch. 13, § 1; R.S. 1931, § 67-205; C.S. 1945, § 56-507; Laws 1957, ch. 163, § 2; W.S. 1957, § 11-324; W.S. 1977, § 11-23-104 ; Laws 1978, ch. 32, § 1.

§ 11-20-106. Brands; sheep; districts created; recording thereof.

To increase the quantity of brands which can be effectively used for the identification of sheep, the executive officer of the board may, with the advice of the executive committee of the Wyoming wool growers association, promulgate and enforce rules and regulations necessary to divide the land area of Wyoming into districts. The districts shall be made a part of such brands and recorded in the state record as further identification of sheep.

History. Laws 1909, ch. 44, § 3; C.S. 1910, § 2601; Laws 1913, ch. 126, § 1; C.S. 1920, § 3093; Laws 1921, ch. 13, § 1; R.S. 1931, § 67-205; C.S. 1945, § 56-507; Laws 1957, ch. 163, § 2; W.S. 1957, § 11-324; W.S. 1977, § 11-23-104 ; Laws 1978, ch. 32, § 1.

§ 11-20-107. Brands; records kept by board; inspection thereof.

The board shall keep an accurate record of all certified livestock brands, the names of the owners and their current contact information including addresses, which shall be open to public inspection.

History. Laws 1899, ch. 21, § 2; R.S. 1899, § 2002; C.S. 1910, § 2610; C.S. 1920, § 3103; R.S. 1931, § 67-215; C.S. 1945, § 56-518; W.S. 1957, § 11-325; W.S. 1977, § 11-23-105 ; Laws 1978, ch. 32, § 1; 2013, ch. 13, § 1.

The 2013 amendment, substituted “current contact information including addresses” for “post office addresses.”

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

§ 11-20-108. Recorded brand; certified copy deemed prima facie evidence of ownership.

A certified copy of any brand recorded in the office of the board is prima facie evidence of ownership of animals branded therewith for that species of livestock recorded by the board. The brand shall be received as evidence of ownership in all legal proceedings involving title to the animal.

History. Laws 1913, ch. 126, § 1; C.S. 1920, § 3095; R.S. 1931, § 67-207; C.S. 1945, § 56-509; Laws 1953, ch. 39, § 2; 1957, ch. 163, § 3; W.S. 1957, § 11-326; W.S. 1977, § 11-23-106 ; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1.

Construction. —

The statute provides only for prima facie evidence of ownership, and such evidence may be rebutted. Estate of Harris v. Harris, 218 F.3d 1140, 2000 U.S. App. LEXIS 15704 (10th Cir. Wyo. 2000).

Evidence of brand ownership is prima facie evidence of animal ownership. —

In prosecution for willfully and maliciously killing a head of neat cattle, evidence that brand, a certified copy of which was introduced in evidence, was owned by certain persons, was prima facie evidence that such persons owned animal bearing such brand, even though such persons, though witnesses, failed to testify directly that they owned the animal bearing such brand. Wiggin v. State, 28 Wyo. 480, 206 P. 373, 1922 Wyo. LEXIS 39 (Wyo. 1922).

Evidence conclusively rebutted the presumption of ownership created by the presence of brands on cattle where the rights and duties of the owner of the brand were only to pasture and feed the cattle in exchange for a share of the calf crop pursuant to a share agreement. Estate of Harris v. Harris, 218 F.3d 1140, 2000 U.S. App. LEXIS 15704 (10th Cir. Wyo. 2000).

Effect of multiple brands. —

The presumption engendered by a newer brand does not trump that engendered by an older brand under all circumstances. Estate of Harris v. Harris, 218 F.3d 1140, 2000 U.S. App. LEXIS 15704 (10th Cir. Wyo. 2000).

Cited in

Megown v. Fuller, 38 Wyo. 211, 266 P. 124, 1928 Wyo. LEXIS 41 (1928).

§ 11-20-109. Recorded brand; considered as property; subject to sale; written instrument required; acknowledgment and recording.

Any brand recorded as required by law is the property of the person in whose name it is recorded, and is subject to sale, assignment, transfer, devise and descent as personal property. Instruments of writing evidencing sale, assignment or transfer shall be acknowledged and recorded in the office of the board. Acknowledgment and recording of such instruments have the same effect as to third parties as the acknowledgment and recording of instruments affecting real estate.

History. Laws 1909, ch. 44, § 6; C.S. 1910, § 2604; Laws 1913, ch. 126, § 1; C.S. 1920, § 3097; R.S. 1931, § 67-209; C.S. 1945, § 56-511; W.S. 1957, § 11-327; W.S. 1977, § 11-23-107 ; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1; 1996, ch. 25, § 1.

Property interest. —

Pursuant to this section, a livestock brand owner has a property interest in his brand as long as the brand remains properly recorded. Tate v. Wyoming Livestock Bd., 932 P.2d 746, 1997 Wyo. LEXIS 29 (Wyo. 1997).

§ 11-20-110. Recorded brand; bill of sale; when title vests.

Any recorded brand may be conveyed to another by a bill of sale executed by the vendor, properly acknowledged, but the conveyance is not complete nor does title to the brand vest in the vendee until the bill of sale is filed for record and the ownership of the brand is transferred in the office of the board.

History. Laws 1890, ch. 39, § 15; R.S. 1899, § 2000; C.S. 1910, § 2609; Laws 1913, ch. 126, § 1; C.S. 1920, § 3102; R.S. 1931, § 67-214; C.S. 1945, § 56-517; W.S. 1957, § 11-328; W.S. 1977, § 11-23-108 ; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1; 1996, ch. 25, § 1; 2013, ch. 13, § 1.

The 2013 amendment, added “and the ownership of the brand is transferred.”

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

§ 11-20-111. State brand book; contents.

The executive officer of the board shall procure a suitable book, to be known as the state brand book, in which shall be recorded the brand and the definite place of the brand upon the animal, used for the branding of livestock in this state. A suitable book under this section may, at the discretion of the board, include a printed copy, an electronic copy or both.

History. Laws 1909, ch. 44, § 1; C.S. 1910, § 2599; C.S. 1920, § 3092; R.S. 1931, § 67-204; C.S. 1945, § 56-506; W.S. 1957, § 11-329; W.S. 1977, § 11-23-109; Laws 1978, ch. 32, § 1; 2013, ch. 13, § 1.

The 2013 amendment, added the last sentence in the section.

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

Editor's notes. —

Section 2, ch. 44, Laws 1909, required the recording in the state brand book as of the brands then in use.

Sameness of brand is jury question. —

Where in an attempted foreclosure of chattel mortgage on cattle, which did not cover the increase, it appeared that animals originally mortgaged had ceased to exist leaving no increase, but that those in possession of mortgagor at time of foreclosure were different to cattle acquired subsequent to the mortgage, the foreclosing mortgagee had no lien on such cattle and question whether the brand, without describing its location on the animal, was same as that on cattle in possession at time of foreclosure, was for the jury. P.J. Black Lumber Co. v. Turk, 50 Wyo. 361, 62 P.2d 519, 1936 Wyo. LEXIS 29 (1936).

Variance as to ownership of cow. —

Where indictment alleged larceny of cow belonging to A.B., and proof showed it to belong to A.B., Jr., there was no fatal variance; the addition of “Jr.” to a name being a mere matter of description. Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (Wyo. 1916).

§ 11-20-112. Brand book; publication; form and contents; distribution of copies; monthly lists and biennial supplements; costs; disposition of proceeds.

The board shall publish a brand book containing facsimiles or descriptions of all brands recorded in Wyoming together with the owner’s name and address. The names and brands shall be arranged in the most convenient form for reference. Copies of the brand book and copies of subsequent supplements shall be given to the agency. At the end of each month, the board shall prepare lists of the brands recorded during that month and shall issue biennial supplements to the brand book which shall supersede and cumulate the monthly lists issued during the biennium. The board may publish and sell brand books, lists and supplements. The proceeds from the sales shall be deposited in the account created by W.S. 11-20-405 .

History. Laws 1909, ch. 44, § 7; C.S. 1910, § 2605; Laws 1913, ch. 126, § 1; C.S. 1920, § 3098; R.S. 1931, § 67-210; Laws 1937, ch. 12, § 1; C.S. 1945, § 56-512; W.S. 1957, § 11-330; Laws 1961, ch. 46, § 5; 1973, ch. 245, § 3; W.S. 1977, § 11-23-110; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1; 1996, ch. 25, § 1.

§ 11-20-113. County clerk prohibited from recording brands.

It is unlawful for any county clerk in this state to record any brand or bill of sale of any brand.

History. Laws 1909, ch. 44, § 5; C.S. 1910, § 2603; Laws 1913, ch. 126, § 1; C.S. 1920, § 3096; R.S. 1931, § 67-208; C.S. 1945, § 56-510; W.S. 1957, § 11-331; W.S. 1977, § 11-23-111; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1.

§ 11-20-114. Failure to record brand deemed abandonment.

  1. Failure to record a  brand is an abandonment of the same. No person shall claim or use  any abandoned brand until after he has caused the same to be recorded  as required by law.
  2. Any person violating subsection (a) of  this section shall be punished as provided by W.S. 11-1-103 .

History. Laws 1895, ch. 23, § 4; R.S. 1899, § 1997; Laws 1909, ch. 44, § 8; C.S. 1910, § 2606; C.S. 1920, § 3099; R.S. 1931, § 67-211; C.S. 1945, § 56-513; W.S. 1957, § 11-332; W.S. 1977, § 11-23-112; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1; 2001, ch. 26, § 1; 2013, ch. 13, § 1.

The 2013 amendment, deleted the former first sentence in (a), which read: “No person shall claim or own any brand which has not been recorded in the office of the Wyoming livestock board.”

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

Law reviews. —

For article, “Ownership of Livestock Brands and Marks as Affected by Chattel Mortgages,” see 1 Wyo. L.J. 68.

§ 11-20-115. Rerecording; when required; notice; abandonment.

  1. Every owner of a brand shall rerecord the brand according to the applicable time periods established by the board pursuant to subsection (c) of this section, and failure to do so is an abandonment of the brand as provided in this section. At least sixty (60) days preceding the expiration date of the brand, the board shall notify by mail and electronic mail if provided, at the address shown on the brand records, the owner of the brand that the brand must be rerecorded and if the brand has not been rerecorded within sixty (60) days from the expiration date of the brand, the brand will be declared delinquent. The board shall send a second notice by certified mail to the owner of the brand at the address shown on the brand records within thirty (30) days following the expiration date of the brand. A delinquent brand may be rerecorded by the brand owner who shall submit a rerecording application and pay a delinquent fee as established by rule of the board not to exceed one hundred fifty dollars ($150.00). If a delinquent brand is not rerecorded within two (2) years from the expiration date of the brand, the brand will be declared abandoned. Not less than six (6) months before declaring a brand abandoned, the board shall send a notice of proposed brand abandonment to the owner of the brand at the address shown on the brand records. The livestock board is authorized to promulgate rules and regulations necessary to implement this section including rules for issuing abandoned brands to other applicants.
  2. Repealed by Laws 2019, ch. 148, § 3.
  3. The term of the rerecording period shall be in ten (10) year increments, not to exceed one hundred (100) years at the option of the owner of the brand. The renewal schedule and the method of renewal shall be established by the board. Every owner of a brand shall rerecord the brand pursuant to the renewal schedule established by the board and shall pay the renewal fee specified by W.S. 11-20-116 which shall be prorated by the board for any renewal of less than ten (10) years.
  4. As part of a rerecording notice or abandonment notice sent under subsection (a) of this section, the board shall offer the option to the owner of the brand to rerecord all brands owned by the same person upon payment of a prorated fee, whether or not the brand has reached its rerecording date and provided that the rerecording period shall not exceed the term established by subsection (c) of this section. The board shall offer the option to the owner of the brand to extend the rerecording period in ten (10) year increments not to exceed one hundred (100) years upon payment of the appropriate fee as specified in W.S. 11-20-116(a).
  5. The owner of a brand declared delinquent under subsection (a) of this section may provide payment in full of the required recording fee and any delinquency fees at the time of brand inspection.

History. Laws 1895, ch. 23, § 7; R.S. 1899, § 1998; Laws 1909, ch. 44, § 9; C.S. 1910, § 2607; Laws 1913, ch. 126, § 1; C.S. 1920, § 3100; Laws 1923, ch. 41, § 1; 1925, ch. 9, § 1; R.S. 1931, § 67-212; Laws 1935, ch. 31, § 1; C.S. 1945, § 56-514; W.S. 1957, § 11-333; W.S. 1977, § 11-23-113; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1; 2001, ch. 26, § 1; 2010, ch. 69, § 203; 2013, ch. 13, § 1; 2020, ch. 76, § 1.

The 2010 amendment, effective July 1, 2010, in (b), deleted “Effective January 1, 2005” at the beginning.

The 2013 amendment, rewrote (a).

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

The 2019 amendments. —

The 2019 amendments. — The first 2019 amendment, by ch. 148 § 2, effective July 1, 2019, in (a), substituted “provided in W.S. 11-20-126 ” for “provided by subsection (b) of this section,” “by mail and electronic mail if provided” for “by mail,” and “two (2) years” for “two (2) years,” and added the sixth sentence; in (c), substituted “The term of the rerecording period shall not exceed ten (10) years and the method of renewal shall be established by the board. Every owner” for “After the rerecording periods established by the board under subsection (b) of this section, every owner,” and added “which shall be prorated by the board for any renewal of less than ten (10) years” at the end; and added (d) and (e).

The second 2019 amendment, by ch. 148 § 3, effective July 1, 2019, repealed (b), which read: “Every owner of a brand shall rerecord the brand. The term of the rerecording period shall not exceed the term established by this section and the method of renewal shall be established by the board. The renewal fee shall be as established by W.S. 11-20-116 and shall be prorated by the board for any renewal less than ten (10) years. The board shall promulgate rules and regulations necessary to carry out the provisions of this section.”

The third 2019 amendment, by ch. 186, § 4(a), effective July 1, 2019, in (d), substituted “a rerecording notice” for “any rerecording notice.”

The 2020 amendment, in (a) substituted “Every owner of a brand shall rerecord the brand according to the applicable time periods established by the board pursuant to subsection (c) of this section” for “Except as provided in W.S. 11-20-126 , every tenth year after recording a brand, every owner of a brand shall rerecord the brand,” “owner of the brand” for “party owning the brand” throughout; in (c) substituted “shall be in ten (10) year increments, not to exceed one hundred (100) years at the option of the owner of the brand. The renewal schedule” for “shall not exceed ten (10) years” and “brand pursuant to the renewal schedule established by the board” for “brand every ten (10) years”; in (d) substituted “option to the owner of the brand” for “option to a party,” “brands owned by the same person upon payment” for “brands that the party owns upon payment,” and “the term” for “the ten (10) year term,” and added the last sentence; and in (e) substituted “The owner of a brand” for “A party owning a brand.”

Laws 2020, ch. 76, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 12, 2020.

Change of address. —

Subsection (a) implicitly requires a brand owner to inform the state livestock board of her whereabouts; the brand owner is in the best position to know her current address, and it is a simple matter for her to notify the board of any changes to her address. Tate v. Wyoming Livestock Bd., 932 P.2d 746, 1997 Wyo. LEXIS 29 (Wyo. 1997).

Due process. —

The state livestock board satisfied the due process rights of the owner of a livestock brand by mailing notice of the expiration date of the brand to the owner's prior address; the brand owner had failed to notify the board of her address change, thus making actual notice unfeasible. Tate v. Wyoming Livestock Bd., 932 P.2d 746, 1997 Wyo. LEXIS 29 (Wyo. 1997).

§ 11-20-116. Fees for renewal, transfer of ownership or alteration of brand; recording bill of sale deemed renewal.

  1. For renewing any brand previously recorded and issuing a certificate of renewal, the board shall charge not less than three hundred dollars ($300.00) for each ten (10) year period, provided that if the renewal is for more than fifty (50) years, the fee shall be not less than one hundred dollars ($100.00) for each ten (10) year period beyond fifty (50) years. The fee shall cover any additional species of livestock for which the brand was previously recorded.
  2. For recording a bill of sale or other  instrument transferring ownership of a recorded brand and issuing  a certificate of transfer, not less than one hundred dollars ($100.00)  shall be charged for each recorded brand.
  3. The recording of a bill of sale or other  instrument transferring ownership of a recorded brand during any renewal  period shall not serve as a renewal of the brand. Transfer of ownership  and renewal of a brand are separate transactions, for each of which  the appropriate fee will be collected.
  4. Repealed by Laws 1996, ch. 25, § 2.
  5. The fees collected pursuant to this section  shall be deposited in the account created by W.S. 11-20-405 .
  6. Repealed by Laws 2010, ch. 69, § 204.

History. Laws 1895, ch. 23, § 6; R.S. 1899, § 1999; C.S. 1910, § 2608; Laws 1913, ch. 126, § 1; C.S. 1920, § 3101; Laws 1925, ch. 48, § 1; R.S. 1931, § 67-213; Laws 1935, ch. 11, § 1; C.S. 1945, § 56-515; Laws 1953, ch. 39, § 3; W.S. 1957, § 11-334; Laws 1961, ch. 46, § 6; 1965, ch. 103, § 2; 1971, ch. 83, § 1; 1973, ch. 245, § 3; W.S. 1977, § 11-23-114; Laws 1978, ch. 32, § 1; 1981, ch. 18, § 1; 1994, ch. 96, § 1; 1996, ch. 25, § 2; 2006, ch. 39, § 2; 2007, ch. 105, § 1; 2010, ch. 69, § 204; 2020, ch. 76, § 1.

The 2006 amendment added (f).

Laws 2006 ch. 39, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2006.

The 2007 amendment, effective July 1, 2007, in (a) substituted “not less than three hundred dollars ($300.00)” for “eighty dollars ($80.00)”; in (b) substituted “not less than one hundred dollars ($100.00)” for “fifty dollars ($50.00).”

The 2010 amendment, effective July 1, 2010, repealed former (f), which read: “Brand renewal, transfers or alterations under this section may be charged a surcharge pursuant to W.S. 11-20-405 .”

The 2020 amendment, in (a) added “for each ten (10) year period, provided that if the renewal is for more than fifty (50) years, the fee shall be not less than one hundred dollars ($100.00) for each ten (10) year period beyond fifty (50) years” at the end of the first sentence.

Laws 2020, ch. 76, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 12, 2020.

§ 11-20-117. Use of unrecorded duplicate brands prohibited; penalties.

  1. It is unlawful for any person in Wyoming  to use an unrecorded brand for the purpose  of claiming ownership of or to identify livestock with  a brand not recorded in his name      except as otherwise provided in W.S. 11-20-125 .
  2. Anyone violating subsection (a) of this  section shall be punished as provided in W.S. 11-1-103 .

History. Laws 1939, ch. 49, §§ 1, 2; C.S. 1945, §§ 56-504, 56-505; Laws 1957, ch. 163, § 1; W.S. 1957, §§ 11-335, 11-336; W.S. 1977, §§ 11-23-115, 11-23-116; Laws 1978, ch. 32, § 1; 1981, ch. 98, § 2; 2013, ch. 13, § 1.

The 2013 amendment, rewrote (a).

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

§ 11-20-118. Drover's stock; to be kept separate.

Every stock drover shall keep his livestock separate and distinct from other livestock, and if his livestock becomes mixed with other livestock the stock drover shall forthwith separate the same and return any comingled livestock to their lawful owner.

History. Laws 1890, ch. 39, § 19; R.S. 1899, § 2005; C.S. 1910, § 2613; C.S. 1920, § 3106; R.S. 1931, § 67-218; C.S. 1945, § 56-521; W.S. 1957, § 11-338; W.S. 1977, § 11-23-118; Laws 1978, ch. 32, § 1; 2013, ch. 13, § 1.; ch. 13, § 1.

The 2013 amendment, added “and return any comingled livestock to their lawful owner.”

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

Cited in

Haskins v. Andrews, 12 Wyo. 458, 76 P. 588, 1904 Wyo. LEXIS 15 (1904).

§ 11-20-119. Drover's stock; liability for injury to property; exceptions.

Every stock drover shall prevent his livestock from trespassing upon the property of another and from damaging any irrigating ditch or public works. No drover or other person who in good faith removes or attempts to remove livestock from any road, highway or right-of-way is liable for any civil damages for acts or omissions in good faith.

History. Laws 1890, ch. 39, § 21; R.S. 1899, § 2005; C.S. 1910, § 2613; C.S. 1920, § 3106; R.S. 1931, § 67-218; C.S. 1945, § 56-523; W.S. 1957, § 11-339; Laws 1973, ch. 36, § 1; W.S. 1977, § 11-23-119; Laws 1978, ch. 32, § 1.

No duty imposed on off-duty police officer. —

There is no common law nor statutory duty which requires an off-duty police officer to corral or warn traffic of stray animals on or near a public roadway. Hill v. Park County, 856 P.2d 456, 1993 Wyo. LEXIS 125 (Wyo. 1993).

Am. Jur. 2d, ALR and C.J.S. references. —

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 ALR4th 431.

Liability for personal injury or death caused by trespassing or intruding livestock, 49 ALR4th 710.

§ 11-20-120. Driving cattle from home range.

It is unlawful for any person to drive livestock away from its home range without authority from the owner of the livestock.

History. Laws 1890, ch. 39, § 20; R.S. 1899, § 2006; C.S. 1910, § 2614; C.S. 1920, § 3107; R.S. 1931, § 67-219; C.S. 1945, § 56-522; W.S. 1957, § 11-340; W.S. 1977, § 11-23-120; Laws 1978, ch. 32, § 1.

§ 11-20-121. Penalties for failure to comply with certain provisions.

Any person violating or failing to comply with the provisions of W.S. 11-20-102 , 11-20-110 or 11-20-118 through 11-20-120 shall be imprisoned in the county jail not exceeding six (6) months, or fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00), or both.

History. Laws 1890, ch. 39, § 30; R.S. 1899, § 2015; C.S. 1910, § 2628; C.S. 1920, § 3117; R.S. 1931, § 67-228; C.S. 1945, § 56-529; W.S. 1957, § 11-345; W.S. 1977, § 11-23-125; Laws 1978, ch. 32, § 1; 1981, ch. 98, § 2.

§ 11-20-122. [Repealed.]

Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171, § 3.

Editor's notes. —

This section, which derived from Laws 1899, ch. 3, §§ 1 and 2, related to obtaining service from a bull.

§ 11-20-123. [Repealed.]

Repealed by Laws 2007, ch. 105, § 2.

Editor's notes. —

This section, which derived from Laws 1913, ch. 5, §§ 1, 2, related to the number of bulls required on open range; qualifications; penalties; obtaining service from a bull.

§ 11-20-124. [Repealed.]

Repealed by Laws 2001, ch 26, § 2.

Editor's notes. —

This section, which derived from Laws 1979, ch. 63, § 1, required owners to brand bison.

§ 11-20-125. Use of a seasonal brand; application for an annual permit to use an out-of-state brand.

  1. A person may apply to the board for permission  to use his out-of-state brand on cattle, horses, asses or mules, provided the brand is legally  registered in the state of origin. If a conflict is found with a registered  Wyoming brand the board, notwithstanding W.S. 11-20-104 and 11-20-117 and as established by rule and regulation, may authorize  use of the brand and require further identification. The permit shall  be valid for a one hundred eighty (180) day period during the calendar  year. The permit is not transferable. The annual fee for the permit  shall be the same as the fee for a new brand as prescribed in W.S. 11-20-103 . The permit may be issued and renewed annually if the  board finds the requirements of this section are met:
    1. The applicant shall agree to restrict  a permitted out-of-state brand on calves born to cattle imported for  grazing purposes, yearling, feeder or stocker cattle imported for  feeding or grazing or cattle consigned to a commercial feedlot. “Calves”  for purposes of this section means calves less than six (6) months  old and running at their mother’s sides;
    2. The applicant shall supply the brand inspector  proof of ownership of the cattle at the time of brand inspection and  shall show proof that the out-of-state brand is currently registered  either by brand card or brand certificate from the state of issue;  and
    3. If the permit is issued, the permittee  shall pay for all necessary brand inspections as prescribed by law.
  2. If there are written complaints to the  board from three (3) or more affected parties, the board shall investigate  the complaints and take appropriate action.
  3. The board may promulgate rules and regulations  necessary to carry out the provisions of this section.

History. Laws 2002, Sp. Sess., ch. 38, § 1; 2013, ch. 13, § 1.

The 2013 amendment, added “horses, asses or mules” in (a).

Laws 2013, ch. 13, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 12, 2013.

§ 11-20-126. Permanently recorded brand. [Repealed]

History. Laws 2019, ch. 148, § 1; Repealed by Laws 2020, ch. 76, § 2.

Article 2. Inspection for Brands and Ownership

Cross references. —

For definitions of terms used in this article, see § 11-20-101 .

Am. Jur. 2d, ALR and C.J.S. references. —

3 C.J.S. Agriculture §§ 3, 15 to 19, 23; 3A C.J.S. Animals §§ 16 to 30.

§ 11-20-201. Designation of contract services to implement brand inspection laws; bond required; bond of inspectors; interstate cooperative agreements.

  1. The board may designate an agency or contract  for services subject to rules and regulations of the board, to exercise  the rights, powers and duties provided by law with respect to inspection  of brands and ownership of the animals mentioned herein.
  2. The agency, or the board may contract for inspectors as the board deems necessary to carry out specified duties. The board may contract for inspectors through an individual at-will contract. The board may contract to provide the inspector salary, mileage, per diem and other necessary reimbursable expenses, membership in the state employees’ and officials’ group insurance plan in accordance with W.S. 9-2-3207(a)(xi)(F)(IV) and 9-3-207 , and the state retirement system in accordance with W.S. 9-2-3207(a)(xi)(F)(IV) and 9-3-412 . The board shall be authorized to establish mileage rates without regard to the limitations provided in W.S. 9-3-103 . During the time that inspectors are acting within the scope of their duties on behalf or in service of the state in their official capacity, inspectors are covered by the provisions of the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120 , and the state self-insurance program, W.S. 1-41-101 through 1-41-111 . It may assign inspectors inside or outside of this state as it deems appropriate. A blanket bond or individual bonds shall be executed to the state with good and sufficient surety in an amount determined by the board, conditioned for the full and faithful performance and discharge of the inspector’s duties. The bond shall be approved by and filed in the office of the board.
  3. The board may enter into cooperative agreements  wherever economically feasible with the proper authorities of other  states for the enforcement and implementation of the Wyoming brand  laws. Brand inspections performed in accordance with such a cooperative  agreement is a Wyoming brand inspection within the meaning of the  brand inspection laws of this state. For purposes of this subsection,  the brand inspection need not be performed by a Wyoming brand inspector.

History. Laws 1949, ch. 59, § 22; 1953, ch. 70, § 2; W.S. 1957, § 11-371; Laws 1961, ch. 46, § 21; W.S. 1977, § 11-23-240; Laws 1978, ch. 32, § 1; 1979, ch. 21, § 1; 1990, ch. 87, § 2; 1991, ch. 36, § 1; ch. 183, § 1; 1994, ch. 96, § 1; 2000, ch. 29, § 1; 2021, ch. 56, § 3.

Cross references. —

As to authority of inspector or sheriff to seize and kill animals to ascertain mark or brand, see § 11-20-301 .

As to sale of carcass of animal killed to ascertain ownership by sheriff or inspector, see § 11-20-302 .

As to duty of inspectors as to hides and carcasses generally, see §§ 11-23-101 to 11-23-305 .

As to duties of inspectors relative to estrays generally, see §§ 11-24-101 to 11-24-115 .

The 2021 amendment substituted "9-2-3207(a)(xi)(F)(IV)" for "9-2-1022(a)(xi)(F)(IV)" twice in the second sentence of (b).

Laws 2021, ch. 56, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Cited in

Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999); Estate of Harris v. Harris, 218 F.3d 1140, 2000 U.S. App. LEXIS 15704 (10th Cir. 2000).

§ 11-20-202. Duties of board; enforcement of provisions.

  1. Inspections for brands and ownership of  livestock, wool, pelts, hides or carcasses shall be made by the board  or its designated agency. The board shall prepare and provide all  forms required for inspections and recording inspections for brands  and ownership, and any substitutes or facsimiles are invalid. The  agency of the board shall keep on file in its office copies of inspection  certificates. The board shall make rules and regulations governing  inspections for brands and ownership as necessary, consistent with  the laws of Wyoming.
  2. The board shall enforce the brand inspection  provisions of this act. No agent of the board exercising ordinary  care and precaution in performing his duties is liable for any damage  or loss that may be incurred thereby. The immunity from liability provided by this section shall include  liability for damages alleged to have been caused by an agent’s efforts  to repair a fence.

History. Laws 1949, ch. 59, § 2; W.S. 1957, § 11-348; Laws 1961, ch. 46, § 7; W.S. 1977, § 11-23-201 ; Laws 1978, ch. 32, § 1; 2013, ch. 76, § 1.

The 2013 amendment, added the last sentence in (b).

Laws 2013, ch. 76, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 27, 2013.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 11-20-101(a)(vii).

§ 11-20-203. Inspection of brands at time of delivery or removal; certificate required; lack thereof; emergency movement of livestock.

  1. Except as otherwise provided in this section or except as provided in W.S. 11-20-211 , 11-20-224 and 11-20-230 , it is unlawful for any person, firm, partnership, corporation,  or association to sell, change ownership or to remove or cause to  be removed in any way from any county in Wyoming to any other state  or country, any livestock unless each animal has been inspected for  brands and ownership at the time of delivery or removal by an authorized  Wyoming brand inspector and a proper certificate of inspection or  clearance has been issued.
  2. Repealed by Laws 2013, ch. 191, § 2.
  3. Except as otherwise provided in this section or except as provided in W.S. 11-20-211 , 11-20-217 , 11-20-224 and 11-20-230 , it is unlawful for any person, firm, partnership, corporation  or association to remove or cause to be removed in any way from any  county in Wyoming to any other county, any livestock unless each animal  has been inspected for brands and ownership at the time of delivery  or removal by an authorized Wyoming brand inspector and a proper certificate  of inspection or clearance has been issued, except where the board  has established brand inspection zones for each species of livestock.  Brand inspection zones may encompass an area based on multiple contiguous  counties or the entire state, as determined by the board. Brand inspection  zones shall be reviewed and reauthorized annually by the board and  shall be in effect for a calendar year.
  4. Notwithstanding any other provision  of this section, a person, firm, partnership, corporation or association  may move livestock to another county in this state in the case of  an emergency situation declared or recognized by the board or director.  If a livestock animal is moved under this subsection, the person moving  the animal shall notify the board or an agent of the board not later  than forty-eight (48) hours after the movement has occurred. Prior  to moving the livestock back to the original location or to any other  location, the person shall obtain an inspection of brands and ownership  and the board shall not charge a fee for the inspection. If livestock  will be moved across state lines in an emergency situation declared  or recognized by the board or director under this subsection, the  person, firm, partnership, corporation or association shall immediately  contact the board and follow the direction of the board for inspection  of brands and ownership. The board or director may declare an emergency  situation under this subsection at any time it is required for public  safety or the safety of livestock. If livestock is moved prior to  declaration of an emergency situation by the board or director, the  board or director may recognize the situation as an emergency situation  after the fact if it determines that any movement of livestock was  required for public safety or for the safety of livestock.
  5. No inspection for brands and ownership  is required if a change of ownership occurs solely due to:
    1. A legal name change of a person, firm,  partnership, corporation or association if the ownership of the firm,  partnership, corporation or association remains unchanged and the  brand is transferred to the new legal name;
    2. The transfer of a brand from an individual  or the individual and his spouse to a business entity if the individual  or the individual and his spouse are owners of a one hundred percent  (100%) interest in the business entity;
    3. A conversion of a business entity as  provided in W.S. 17-26-101;
    4. Marriage.

History. Laws 1949, ch. 59, §§ 1, 17; W.S. 1957, §§ 11-349, 11-355; Laws 1961, ch. 46, §§ 8, 11; 1967, ch. 97, § 1; W.S. 1977, §§ 11-23-202 , 11-23-205 ; Laws 1978, ch. 32, § 1; 2001, ch. 26, § 1; 2006, ch. 39, § 2; 2007, ch. 105, § 1; 2013, ch. 84, § 1; ch. 107, § 1; ch. 191, § 2.

Cross references. —

As to food safety system, see § 35-7-123 .

The 2006 amendment inserted “11-20-211” and “11-20-230.”

Laws 2006 ch. 39, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2006.

The 2007 amendment, effective July 1, 2007, in (a) deleted “county,” preceding “state or country”; and added (c).

The 2013 amendments. — The first 2013 amendment, by ch. 84, § 1, effective July 1, 2013, added (d) ((e) in the reconciled version).

The second 2013 amendment, by ch. 107, § 1, in (a) and (c) substituted “otherwise” for “hereafter” following “Except as,” and added “in this section” following “provided;” in (b) added “Except as otherwise provided in this section” preceding “transporting livestock;” and added (d).

Laws 2013, ch. 107, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 27, 2013.

The third 2013 amendment, by ch. 191, § 2, effective July 1, 2013, repealed former (b), which read: “Transporting livestock across state lines without first having had such inspection and having obtained such certificates is prima facie evidence of intent to avoid inspection and to steal, take and carry away the animals and is punishable as provided in W.S. 6-3-402 .”

None of the amendments gave effect to the other and this section is set out as reconciled by the legislative service office.

Brand inspections and impact on sales. —

Statute and a section of the Wyoming Livestock Board Rules and Regulations do not mandate a conclusion that failure to have a brand inspection performed upon a sale or change of ownership voids the sale, or an A Form is the only or superior proof of title to cattle, and the Wyoming Livestock Board is in fact statutorily authorized to consider other documentation as proof of ownership; plaintiffs' retention of the A Forms for the disputed cattle did not definitively vest ownership in them, and in fact defendants held title to the disputed cattle, and plaintiffs' claims to the contrary failed. Gould v. Ochsner, 2015 WY 101, 354 P.3d 965, 2015 Wyo. LEXIS 117 (Wyo. 2015).

Entry onto land by brand inspector consistent with statutory authority. —

An involuntary bailment was created when the parents took their daughter to live elsewhere but kept her horse, and the parents, as involuntary bailees, had an absolute duty to return the property when the daughter terminated the bailment; consequently, the brand inspector's action in entering the parents' land to retrieve the daughter's horse for transfer to the daughter's agent was consistent with his statutory authority under Wyo. Stat. Ann. §§ 11-20-203(a), 205(a), 214(a), and constituted neither criminal trespass nor larceny. Hoblyn v. Johnson, 2002 WY 152, 55 P.3d 1219, 2002 Wyo. LEXIS 173 (Wyo. 2002), reh'g denied, 2002 Wyo. LEXIS 198 (Wyo. Nov. 5, 2002).

There was no Fourth Amendment violation because Wyoming brand inspection statutes, Wyo. Stat. Ann. §§ 11-20-203 and 11-20-205 , authorize the brand inspector to inspect the cattle where they are to be moved from one county to another and the regulatory seizure, specifically authorized by Wyo. Stat. Ann. §§ 11-24-101 and 11-24-102 , is designed to protect the urgent state interest of preventing trafficking in lost or stolen cattle, such that the brand inspector was not required to obtain a warrant. Stanko v. Mahar, 419 F.3d 1107, 2005 U.S. App. LEXIS 17323 (10th Cir. Wyo. 2005).

Applied in

Mendicoa v. State, 771 P.2d 1240, 1989 Wyo. LEXIS 100 (Wyo. 1989).

Quoted in

Estate of Harris v. Harris, 218 F.3d 1140, 2000 U.S. App. LEXIS 15704 (10th Cir. 2000).

§ 11-20-204. Inspector not to inspect his own livestock; penalty.

It is unlawful for any inspector to issue a certificate of inspection covering livestock owned by him or in which he has any financial interest, and any violation of this provision is punishable as a misdemeanor.

History. Laws 1978, ch. 32, § 1; W.S. 1977, § 11-23-240.

§ 11-20-205. Procedures generally; estrays.

  1. Except as otherwise provided, before selling,  changing ownership or removing any livestock from any county of Wyoming,  the person selling, changing ownership or intending to cause removal  shall notify the inspector of the date of the intended removal and  the time and place when and where the required inspection for brands  and ownership can be made. The inspection shall be made within a reasonable  time prior to shipment. The person in charge of the livestock shall  hold the livestock at the place designated until the livestock have  been inspected and an official certificate of inspection is issued.  The person in charge shall render the inspecting officer such assistance  as is practicable while the required inspection is being made.
  2. Upon being notified of the intention of  any person to sell, change ownership or remove from the county any  livestock when a prior inspection is required by law, the inspector  notified shall go to the place designated at the time agreed upon,  and make an inspection for brands and ownership of the livestock.
  3. The inspection shall only be done under  conditions that allow the inspector, at the sole discretion of the  inspector, to adequately view the livestock for the purpose of determining  brands. The inspector shall list by classes the livestock, showing  number of each class and all brands, together with the names of owners  of the brands, if known. The inspector may require from the person  in charge proof of ownership of the livestock to be removed from the  county, by brand record, bill of sale or the affidavits of at least  two (2) responsible citizens of the county who are not interested  financially in the animals. If ownership of any of the livestock is  not claimed by the person intending to remove them from the county,  then written authorization from the owner for such removal is required.
  4. Estrays, the ownership of which is unknown,  shall not be removed from the county except by order of the inspector  in accordance with W.S. 11-24-102 .
  5. No inspection for brands and ownership  is required if a change of ownership occurs solely due to:
    1. A legal name change of a person, firm,  partnership, corporation or association if the ownership of the person,  firm, partnership, corporation or association remains unchanged;
    2. The transfer of a brand from an individual  or the individual and his spouse to a business entity if the individual  or the individual and his spouse are owners of a one hundred percent  (100%) interest in the business entity;
    3. A conversion of a business entity as  provided in W.S. 17-26-101;
    4. Marriage.

History. Laws 1949, ch. 59, § 15; W.S. 1957, §§ 11-366, 11-373; Laws 1961, ch. 46, § 22; W.S. 1977, §§ 11-23-216, 11-23-241; Laws 1978, ch. 32, § 1; 1994, ch. 96, § 1; 2006, ch. 39, § 2; 2013, ch. 84, § 1.

The 2006 amendment, inserted “selling, changing ownership or” in (a) and (b); substituted “only be done under conditions that allow the inspector, at the sole discretion of the inspector, to adequately view the livestock for the purpose of determining brands” for “be made by daylight in such manner as to enable the inspecting officer to make a thorough and efficient inspection” in (c).

Laws 2006 ch. 39, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2006.

The 2013 amendment, effective July 1, 2013, added (e).

Board's Authority. —

Statute and a section of the Wyoming Livestock Board Rules and Regulations do not mandate a conclusion that failure to have a brand inspection performed upon a sale or change of ownership voids the sale, or an A Form is the only or superior proof of title to cattle, and the Wyoming Livestock Board is in fact statutorily authorized to consider other documentation as proof of ownership; plaintiffs' retention of the A Forms for the disputed cattle did not definitively vest ownership in them, and in fact defendants held title to the disputed cattle, and plaintiffs' claims to the contrary failed. Gould v. Ochsner, 2015 WY 101, 354 P.3d 965, 2015 Wyo. LEXIS 117 (Wyo. 2015).

Entry onto land by brand inspector consistent with statutory authority. —

An involuntary bailment was created when the parents took their daughter to live elsewhere but kept her horse, and the parents, as involuntary bailees, had an absolute duty to return the property when the daughter terminated the bailment; consequently, the brand inspector's action in entering the parents' land to retrieve the daughter's horse for transfer to the daughter's agent was consistent with his statutory authority under Wyo. Stat. Ann. §§ 11-20-203(a), 205(a), 214(a), and constituted neither criminal trespass nor larceny. Hoblyn v. Johnson, 2002 WY 152, 55 P.3d 1219, 2002 Wyo. LEXIS 173 (Wyo. 2002), reh'g denied, 2002 Wyo. LEXIS 198 (Wyo. Nov. 5, 2002).

There was no Fourth Amendment violation because Wyoming brand inspection statutes, Wyo. Stat. Ann. §§ 11-20-203 and 11-20-205 , authorize the brand inspector to inspect the cattle where they are to be moved from one county to another and the regulatory seizure, specifically authorized by Wyo. Stat. Ann. §§ 11-24-101 and 11-24-102 , is designed to protect the urgent state interest of preventing trafficking in lost or stolen cattle, such that the brand inspector was not required to obtain a warrant. Stanko v. Mahar, 419 F.3d 1107, 2005 U.S. App. LEXIS 17323 (10th Cir. Wyo. 2005).

Cited in

Estate of Harris v. Harris, 218 F.3d 1140, 2000 U.S. App. LEXIS 15704 (10th Cir. 2000).

§ 11-20-206. Certificate of inspection generally; distribution of copies; failure to exhibit; justification to hold vehicle and livestock.

  1. Any inspector, upon completing an inspection  of livestock for brands and ownership, shall record the inspection  upon a form furnished by the Wyoming livestock board. When completed  and signed by the inspector and the owner of the livestock or the  owner’s designee, the form is a certificate of inspection authorizing  the removal from the county of the livestock listed. The inspector  shall deliver a copy of the certificate to the person in charge of  the livestock. If movement is to be by truck, a copy of the certificate  shall be delivered by the person in charge of the animals to the driver  or person in charge of the truck or trucks, and shall be kept in the  latter’s possession until the livestock are delivered at the final  destination as shown on the certificate of inspection, and shall be  exhibited upon request to any person authorized to enforce the brand  inspection laws o