# Title 36 — Livestock

## Chapter 36-21 — General Provisions

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

It is a class B misdemeanor for a person to:
1. Fraudulently represent any animal as purebred;
2. Post or publish, or cause to be posted or published, any false pedigree or certificate;
3. Procure by fraud, false pretense, or misrepresentation, the registration of any animal
to be used for service, sale, or exchange in this state, for the purpose of deception as
to the animal's pedigree;
4. Sell, or otherwise dispose of, any animal as a purebred when the person knows or has
reason to believe that the animal is not the offspring of a regularly registered purebred
sire and dam; or
5. Sell, or otherwise dispose of, any animal as a registered purebred using a false
pedigree or certificate of registration
### § 36-21-02. Abuse of animals prohibited - Penalty.

Repealed by S.L. 1971, ch. 341, § 12.
### § 36-21-03. Lien for caring for abused animal - Priority - Where prior lien of record

exists.
Repealed by S.L. 1971, ch. 341, § 12.
### § 36-21-04. Unlawful killing or selling of livestock - Penalty.

Repealed by S.L. 1975, ch. 106, § 673.
### § 36-21-05. Skinning dead livestock - Restrictions governing.

Repealed by S.L. 2017, ch. 68, § 18.
### § 36-21-06. Maiming or torturing animals - Misdemeanor.

Repealed by S.L. 1971, ch. 341, § 12.
### § 36-21-07. Keeping houses or pits for fighting animals - Encouraging or promoting

fights between animals - Misdemeanor.
Repealed by S.L. 1971, ch. 341, § 12.
### § 36-21-08. Instigating or promoting fights between animals - Misdemeanor.

Repealed by S.L. 1971, ch. 341, § 12.
### § 36-21-09. Officer's duty to arrest person instigating or promoting fights between

animals.
Repealed by S.L. 1971, ch. 341, § 12.
### § 36-21-10. Dogs, wolves, and coyotes worrying livestock or poultry may be killed.

Any person who kills any dog, wolf, or coyote kept as a domestic animal is not liable in any
civil action to the owner of the animal:
1. When the person sees such animal in the act of killing, chasing, worrying, or damaging
any livestock or poultry; or
2. When the person discovers evidence that the animal recently killed or chased sheep.
### § 36-21-11. Liability for damages to livestock by dogs.

The owner of any dog that kills, wounds, or chases any sheep or other domestic animal or
poultry belonging to another person is liable to that person for all resulting damages. If more

than one dog, owned by different persons, participates in the killing, wounding, or chasing of
sheep or other domestic animals or poultry, the owners of the dogs may be sued jointly, and a
joint verdict and judgment may be rendered against the owners. If one or more of the
defendants pays a joint judgment and if the damages committed by the dogs may be prorated,
the payor or payors may receive contribution from the defendants who have not paid.
### § 36-21-12. Killing of livestock by railroad is prima facie evidence of negligence.

The killing or damaging of any livestock by a railroad car or locomotive is prima facie
evidence of negligence by the railway company or corporation.
### § 36-21-13. Exemplary damages for injuries to domestic animals.

Exemplary damages may be applied for any wrongful injury to an animal committed willfully
or by gross negligence.
### § 36-21-14. Licensing of weighmen - Fees.

Repealed by S.L. 1991, ch. 375, § 1.
### § 36-21-15. Sale of livestock by weight.

All livestock sold by weight at any public market must be sold subject to the weight at the
place of sale on the day sold by the auctioneer.
### § 36-21-16. Licensing - Duration - Renewals - Refusal - Revocation or suspension.

Repealed by S.L. 1991, ch. 375, § 1.
### § 36-21-17. False weighing.

Repealed by S.L. 1991, ch. 375, § 1.
### § 36-21-18. Title to property to remain with seller until settlement made.

Any person that purchases livestock at any sale conducted by an auction market
established under the laws of this state must pay for the livestock with cash, check, or any other
method of payment generally accepted by financial institutions in this state. For a noncash
purchase and transfer of title to be valid, the financial institution of the purchaser shall honor the
payment at the time of presentation.
### § 36-21-19. Equine processing assessment - Continuing appropriation - Provision of

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