# Title 7 — Agriculture Commissioner

## Article 7-13 — Meat Inspection

## Chapter 7-13-05 — Slaughter Requirements

### § 7-13-05-01. Antemortem inspections.

For the purpose of preventing the entry into or movement in intrastate commerce of any meat or
meat food product that is adulterated and is capable of use as human food, the commissioner shall
cause antemortem inspection to be made of all cattle, swine, sheep, goats, farmed cervidae, llama,
horses, equines, other large domesticated animal, and poultry, intended for slaughter in any
establishment in this state where animals are slaughtered solely for intrastate commerce. Meat and
meat food products inspected and passed under this title may be shipped in interstate commerce when
federal law permits state-inspected meat and meat food products to be marketed interstate. All
antemortem inspections must be done in accordance with title 9, Code of Federal Regulations,
parts 309 and 381.
History: Effective August 1, 2000; amended effective January 1, 2004.
General Authority: NDCC 4.1-31-18, 4.1-31-24
Law Implemented: NDCC 4.1-31-24
### § 7-13-05-02. Post-mortem inspections.

The commissioner shall cause post-mortem inspections to be made on all carcasses and parts
thereof of cattle, swine, sheep, goats, farmed cervidae, llama, horses, equines, other large
domesticated animal, and poultry usable as human food prepared at a slaughtering, meat canning,
salting, packing, rendering, or similar establishment in this state in which carcasses or parts thereof are
prepared solely for intrastate commerce. Animal carcasses or parts thereof determined to be
unadulterated must be marked, stamped, tagged, or labeled as "Inspected and Passed". Inspectors
shall label, mark, stamp, or tag as "Inspected and Condemned" animal carcasses or parts thereof
found to be adulterated. Carcasses or animal parts inspected and condemned must be destroyed for
food purposes by the establishment in the presence of an inspector. Meat and meat food products
inspected and passed under this title may be shipped in interstate commerce when federal law permits
state-inspected meat and meat food products to be marketed interstate. All inspections are to be done
in accordance with title 9, Code of Federal Regulations, parts 310 and 381.
History: Effective August 1, 2000; amended effective January 1, 2004.
General Authority: NDCC 4.1-31-24
Law Implemented: NDCC 4.1-31-24
### § 7-13-05-03. Pathogen reduction performance standards.

Establishments that slaughter cattle, sheep, goats, equines, swine, or poultry shall collect and test
samples as required in title 9, Code of Federal Regulations, parts 310 and 381.
History: Effective August 1, 2000; amended effective January 1, 2004.
General Authority: NDCC 4.1-31-24
Law Implemented: NDCC 4.1-31-24

### § 7-13-05-04. Condemned and inedible.

All animal carcasses or parts thereof, meat, and meat food products found by an inspector to be
adulterated in any establishment must be condemned and must be destroyed for human food purposes
under the supervision of an inspector and in a manner prescribed by the commissioner. But such
carcass or part, meat, or meat food product that may, by reprocessing, be made not adulterated, need
not be condemned and destroyed if reprocessed under the supervision of an inspector and thereafter
found to be unadulterated. The commissioner may remove inspectors from an establishment that fails
to destroy a condemned animal carcass or part. A person may not sell, donate, transport, or offer or
receive for sale or transportation, in this state, any such carcasses or parts thereof, meat, or meat food
products which are not intended for use as human food unless they are denatured or otherwise
identified as required by the commissioner or are naturally inedible by humans.
History: Effective August 1, 2000.
General Authority: NDCC 4.1-31-17
Law Implemented: NDCC 4.1-31-17
### § 7-13-05-05. Dead, dying, disabled, or diseased animals.

Any animal determined to be dead, dying, disabled, or diseased must be handled in accordance
with title 9, Code of Federal Regulations, parts 309 and 381.
History: Effective August 1, 2000; amended effective January 1, 2004.
General Authority: NDCC 4.1-31-17
Law Implemented: NDCC 4.1-31-17
### § 7-13-05-06. Humane slaughter of livestock - Religious exemption.

To prevent the inhumane slaughter of animals, the commissioner shall cause to be made an
examination and inspection of the method by which animals are slaughtered and handled in the
slaughtering establishments inspected under North Dakota Century Code chapter 4.1-31. The
commissioner may refuse to provide inspection to a new slaughtering establishment or may suspend
inspections at a slaughtering establishment if the commissioner finds that any animal has been
slaughtered or handled at such establishment by any method that is not in accordance with title 9,
Code of Federal Regulations, part 313. The commissioner may cause inspection services to begin or
resume after the establishment furnishes satisfactory assurance to the commissioner that all animal
slaughtering and handling are in accordance with such method. The commissioner may permit
slaughter methods in accordance with religious ritual requirements, provided that such slaughter
methods are recognized and approved by the governing authority of that religious sect or group.
History: Effective August 1, 2000.
General Authority: NDCC 4.1-31-24
Law Implemented: NDCC 4.1-31-18, 4.1-31-24
### § 7-13-05-07. Horse slaughter.

The slaughter of horses, mules, and other equines and the preparation and handling of the
products thereof must be conducted in establishments separate from those used for the slaughter and
preparation of other animals. All carcasses, parts, meat, meat food products, or other products thereof
must be conspicuously labeled, marked, branded, or tagged "Horse Meat" or "Horse Meat Product" by
a method approved by the department.
History: Effective August 1, 2000.
General Authority: NDCC 4.1-31-08
Law Implemented: NDCC 4.1-31-08
