# Title 36 — Livestock

## Chapter 36-01 — State Board of Animal Health

### § 36-01-00.1. Definitions.

In this chapter unless the context or subject matter otherwise requires:
1. "Board" means the state board of animal health.
2. "Commissioner" means the agriculture commissioner.
3. "Domestic animal" means dog, cat, horse, bovine animal, sheep, goat, bison, farmed
elk, llama, alpaca, or swine.
4. "Nontraditional livestock" means any wildlife held in a cage, fence, enclosure, or other
manmade means of confinement that limits its movement within definite boundaries or
an animal that is physically altered to limit movement and facilitate capture.
### § 36-01-01. State board of animal health - Appointment - Terms - Qualifications.

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

the bison industry, by the nontraditional livestock industry for the individual
representing the nontraditional livestock industry, and by any associations within this
state representing livestock industries as the governor may permit. Two
recommendations must be submitted for each position to be filled.
### § 36-01-02. Meetings of board - Limitations on number - Special.

The state board of animal health shall hold its meetings at the state capitol at such times as
it may designate, but there may not be more than four regular meetings in any one year. The
president of the board may call a special meeting whenever in the president's judgment it
becomes necessary.
### § 36-01-03. Officers of board - Election.

The board shall elect a president and a secretary from among its members. The
commissioner shall provide clerical services to the board.
### § 36-01-04. Compensation and expenses of members of board.

Each member of the board shall receive as compensation for services the sum of one
hundred thirty-five dollars per day for each day employed and actual expenses incurred in
attending the meetings of the board. The sum must be paid out of the state treasury upon
vouchers duly certified by the commissioner.
### § 36-01-05. State veterinarian - Appointment.

The commissioner shall, with the consent of the board, appoint the state veterinarian and
deputy state veterinarian. The state veterinarian and deputy state veterinarian must be
competent and skilled veterinarians and graduates of a veterinary medicine and surgery course
at a recognized college or university. The commissioner may remove the state veterinarian or
deputy state veterinarian for cause. At the request of the board, the commissioner shall deputize
persons licensed to practice veterinary medicine in this state as assistant state veterinarians.
Deputized persons shall serve during periods of emergency and only for the time period
determined by the board.
### § 36-01-06. State veterinarian - Duties.

The state veterinarian shall:
1. Ascertain, by personal examination or through reports from other authorized
representatives or agents of the commissioner, all information which can be obtained
regarding the existence of contagious, infectious, and epizootic diseases of animals.
2. Execute all orders and rules made by the board.
3. Execute all duties prescribed for the state veterinarian in title 36 and all duties and
responsibilities otherwise authorized by the board that are necessary and proper in
order to accomplish the business of the board of animal health and carry into effect the
purposes of this title.
4. Present at the meetings of the board a detailed report of all matters connected with the
work of the state veterinarian and authorized representatives of the board during the
time since the last meeting.
### § 36-01-07. Consulting veterinarian of board - Duties - Compensation.

The board shall choose a veterinarian on staff at North Dakota state university to act as
consulting veterinarian to the board. The term of appointment is open and at the will of the
board. At the discretion of the board, the consulting veterinarian, or any United States
department of agriculture approved laboratory shall make diagnostic examinations of all
diseased animals or portions thereof or of such material as may be forwarded by the board or
the commissioner's duly authorized agents. For services, the consulting veterinarian or United
States department of agriculture approved laboratory is entitled to receive such compensation
as the commissioner may deem proper, which must be paid out of the fund appropriated for the
use of the commissioner.

### § 36-01-08. Duties - Rules.

The board shall protect the health of the domestic animals and nontraditional livestock of
this state, shall determine and employ the most efficient and practical means for the prevention,
suppression, control, and eradication of dangerous, contagious, and infectious diseases among
the domestic animals and nontraditional livestock of this state, and shall prevent the escape and
release of an animal injurious to or competitive with agriculture, horticulture, forestry, wild
animals, and other natural resource interests. For the purpose of preventing the escape and
release of an animal injurious to or competitive with agriculture, horticulture, forestry, wild
animals, and other natural resource interests, the board may, by rule, quarantine any such
animal, cause any such animal to be killed, regulate or prohibit the arrival in or departure from
this state of any such animal, and at the cost of the owner thereof, the board may detain any
animal found to be in violation of any rule or prohibition. Any matter relating to the health and
welfare of domestic animals and nontraditional livestock and not specifically assigned by statute
to another entity is deemed to be within the authority of the board. The board may make rules to
carry into effect the purposes of this chapter and other duties prescribed in this title.
### § 36-01-08.1. Nontraditional livestock license - Fee.

The board of animal health may require a license for nontraditional livestock maintained
within this state. The annual fee for a license for a bird species required to be licensed is seven
dollars. The maximum amount of annual fees for bird species licenses to be paid by a person
holding more than one bird species license is forty dollars. The annual fee for a license for any
other species required to be licensed is fifteen dollars. The maximum amount of annual fees for
nonbird species licenses to be paid by a person holding more than one nonbird species license
is one hundred dollars.
### § 36-01-08.2. Mountain lions, wolves, and wolf hybrids held in captivity - Identification

required.
Any person who keeps a mountain lion, wolf, or wolf hybrid in captivity must obtain an
identification number from the board. The number must be tattooed in indelible ink inside the ear
of the animal for permanent identification purposes.
### § 36-01-08.3. Duties - Evaluations - Report.

The board and the commissioner shall conduct performance evaluations of the state
veterinarian and any assistant state veterinarians.
### § 36-01-08.4. Ownership of skunks and raccoons prohibited - Exception - Rules on

primates, wolves, and wolf hybrids.
A person may not keep a skunk or raccoon in captivity. This section does not apply to a zoo
licensed by the animal care program of the animal and plant health inspection service of the
United States department of agriculture. The state veterinarian shall confiscate and dispose of
any animal kept in violation of this section. The board shall adopt rules governing the keeping of
a primate, wolf, or wolf hybrid in captivity and to implement this section. As used in this section,
"primate" does not include a human being; "wolf" means any animal of the species canis lupus;
and "wolf hybrid" means any animal that is any part wolf.
### § 36-01-09. How regulations made.

Repealed by S.L. 1989, ch. 425, § 32.
### § 36-01-10. Agents and assistants may be employed by commissioner - Granting of

authority to United States government inspectors.
The commissioner may employ officers, agents, or assistants necessary to carry out this
chapter, at a compensation to be fixed within the limits of legislative appropriations. The
commissioner may grant to the inspectors of the United States department of agriculture the
same authority as is possessed by agents of the commissioner.

### § 36-01-11. Reports of board.

Repealed by S.L. 1995, ch. 347, § 53.
### § 36-01-12. Powers of board over contagious and infectious diseases.

The board may take such steps as it may deem necessary to control, suppress, and
eradicate any and all contagious and infectious diseases among any of the domestic animals
and nontraditional livestock of this state. For this purpose, the board may quarantine any
domestic animal or nontraditional livestock which is infected, or may be infected, with any such
disease or which has been exposed, or may be exposed, to infection, cause any animal so
infected to be killed, regulate or prohibit the arrival in or departure from this state of any such
exposed or infected animal, and at the cost of the owner thereof, it may detain any domestic
animal or nontraditional livestock found to be in violation of any such regulation or prohibition.
The board may also quarantine any city, civil township, or county or areas within a county in this
state and any enclosure, building, or any domestic animal or nontraditional livestock therein
which is or may be infected or exposed or may be exposed to any contagious or infectious
disease.
### § 36-01-12.1. Fund transfer for control of diseases.

The commissioner may use any moneys appropriated to the commissioner for the control of
animal diseases, for the rapid arrest and eradication of foot-and-mouth disease, rinderpest,
contagious pleuropneumonia, or any other highly contagious or infectious animal plagues for
which purpose adequate funds are not otherwise available.
### § 36-01-12.2. Confiscation of nontraditional livestock held in violation of this chapter.

1. The state veterinarian, or the state veterinarian's designee, a police officer, sheriff, or
other law enforcement officer may seize any nontraditional livestock located on private
property from the animal's owner or custodian if probable cause exists to believe that
the animal is being held in violation of this chapter or rules adopted under this chapter.
Unless it is shown that there exists an exigency or occasion as to require the
immediate confiscation, an animal may not be seized until a hearing is held allowing
the owner or custodian to show cause why the animal should not be confiscated. If
exigent circumstances exist, an ex parte order may be issued authorizing seizure of
the animal if probable cause appears to the court that:
a. The animal is in immediate danger of being released into the wild, destroyed,
concealed, removed from the state, or sold or given to an innocent party.
b. The animal is infected with any contagious or infectious disease capable of being
spread to animals or humans.
All animals seized must be held subject to the order of a court of competent
jurisdiction. Whenever probable cause exists for a preconfiscation hearing, the owner
or custodian of the animal must be notified in writing that, on the day fixed for a
hearing, which may not be less than three days from the date of receipt of notice, the
owner or custodian may appear or show cause why the animal should not be
confiscated. Notice must be delivered to the owner or custodian by personal service or
registered mail to that person's last-known mailing address. An affidavit of service or
the post-office registration receipt signed by the owner or custodian is prima facie
evidence of service of notice.
2. Upon request by the person confiscating the animal, the board, the department of
health and human services, the game and fish department, any county sheriff's office,
city police department, or other peace officer may provide assistance in any action to
seize, impound, confiscate, or quarantine any animal suspected of being held or
possessed in violation of this title.
3. A court having jurisdiction of an alleged offense under this title or rules adopted under
this chapter may order the disposition of all animals that have been confiscated. This
order may be entered only after a hearing duly had upon proper notice to the owner or

custodian and after a finding by the court that the animal was being held or possessed
in violation of this title at the time it was seized.
4. When any nontraditional livestock is found to be held or possessed contrary to this
chapter, the court may:
a. Order the animal to be forfeited by its owner or custodian and that the animal be
destroyed or disposed of otherwise. The court may order disposition to a zoo
licensed by the animal care program of the animal and plant health inspection
service of the United States department of agriculture if the zoo requests
possession upon confiscation of the animal; or
b. Order the return of custody to the owner or custodian upon compliance with all
applicable state and local regulations governing ownership and possession of
nontraditional livestock, including payment of any license fees.
The court may award reasonable costs of seizure, care, and keeping pending
disposition, and attorney's fees to the agency bringing an action to confiscate any
nontraditional livestock under this title.
5. Subject to section 32-12.2-02, the owner of an animal may bring a claim for money
damages, and may recover the amount of actual damages incurred during the time of
seizure, if the owner establishes that before the animal was seized under this chapter,
the agency knew or recklessly failed to determine that the animal, at the time of
seizure, was lawfully owned and licensed in this state or that the animal was a
domestic animal not subject to seizure under this chapter.
### § 36-01-13. Diseased animal to be reported - Records exempt.

1. Any person who discovers, suspects, or has reason to believe that any domestic
animal or nontraditional livestock belonging to that person or belonging to any other
person, is affected by any reportable contagious disease as defined by the board, shall
report that knowledge, suspicion, or belief to the state veterinarian or any other agent
or representative of the commissioner.
2. The records are exempt from open records laws, except those records concerning
diseases that are specifically regulated by mandatory control and eradication
programs or to protect public health.
### § 36-01-14. Protest against killing of diseased animal - Examination of animal by

experts - Appointment of experts.
Whenever a domestic animal or nontraditional livestock has been determined to be affected
with a contagious or infectious disease and has been ordered killed by the board, the state
veterinarian, or an agent or representative of the board, the owner or keeper of the animal must
be notified of the order. Notice may be accomplished by sending, by registered mail, a copy of
the order to the owner or keeper of the animal, or by having an agent or representative of the
board serve a copy of the order upon the owner or keeper of the animal. Within twenty-four
hours after receiving notice of the order, the owner or keeper may file a protest against the
killing of the animal with the board or with the person who has ordered the animal killed. The
protest must state under oath that, to the best of the knowledge and belief of the person making
the protest, the animal is not infected with any contagious or infectious disease. An examination
of the animal or laboratory reports involved then must be made by three experts, one of whom
must be appointed by the board, one by the person making the protest, and the third by the two
thus appointed. All the experts must be persons learned in veterinary medicine and surgery and
graduates of the veterinary course of a recognized college or university.
### § 36-01-15. Expense of experts - How paid.

If at least two of the experts declare that the animal involved is free from any contagious or
infectious disease, the expense of the consultation must be paid by the commissioner. If at least
two of such experts declare that such animal is affected with a contagious or infectious disease,
the expenses incurred in the consultation must be paid by the person making the protest.

### § 36-01-16. Disposal of carcass of diseased animal.

The owner or keeper of any animal killed by order of the state board of animal health, the
state veterinarian, or by an agent or representative of the state board of animal health, shall
dispose of the carcass of the animal in the manner prescribed by the board or the state
veterinarian. If the owner or keeper of an animal killed pursuant to an order is unknown, the
carcass must be disposed of at the expense of the county in which the carcass is located.
### § 36-01-17. Oaths and examinations.

The board, any member of the board, the state veterinarian, or the commissioner may
examine or cause to be examined under oath all persons believed to possess knowledge of
material facts concerning the existence or dissemination, or the danger of dissemination, of
disease among domestic animals or nontraditional livestock. For this purpose, the board,
members of the board, the state veterinarian, or the commissioner may take depositions,
compel witnesses to attend and testify, and administer oaths. Such witnesses are entitled to
receive the same fees for attendance and travel as witnesses before the district courts. The
commissioner shall pay the fees from legislative appropriations.
### § 36-01-18. Inspection of livestock in transit - Penalty.

The state veterinarian and authorized agents and representatives of the commissioner, for
purposes of inspecting livestock in transit for health or ownership identification, may stop
vehicles transporting livestock on public highways of this state. When signaled by the state
veterinarian or an authorized agent or representative of the commissioner to stop, the operator
of any vehicle shall stop the vehicle, show any health or identification forms which are required
to be carried in transportation of livestock, and permit the inspector to make an inspection of the
livestock being transported if deemed by the inspector to be necessary. Failure to stop when so
directed is a class A misdemeanor. The inspector is authorized to use a stop signal.
The state veterinarian, or any authorized agent or representative of the commissioner, may
call any sheriff or deputy sheriff, police officer, or highway patrol officer to execute its orders and
those officers must obey. Any law enforcement officer may arrest and take before any district
judge serving the county any person found violating this chapter. The law enforcement officer
shall immediately notify the state's attorney of the county of the arrest and the state's attorney
shall prosecute the person found violating this chapter.
### § 36-01-19. Emergency fund in case of epizootic.

In case of any serious outbreak of any contagious, infectious, or epizootic diseases among
domestic animals or nontraditional livestock, which cannot be controlled with the funds at the
disposal of the commissioner, the commissioner shall notify the governor at once, and the
governor shall call a meeting of the emergency commission. The emergency commission may
authorize money to be drawn from the state treasury to meet the emergency.
### § 36-01-20. Penalty for violation of chapter.

Repealed by omission from this code.
### § 36-01-21. Definitions.

Repealed by S.L. 1989, ch. 425, § 32.
### § 36-01-22. Feeding garbage to swine.

No person may feed garbage to swine. As used in this section "garbage" means animal and
vegetable waste matter resulting from the handling, preparation, cooking, and consumption of
foods, including animal carcasses or parts of animal carcasses, except that dairy products from
a licensed creamery or dairy is not considered garbage for the purposes of this section. This
section does not apply to any person who feeds garbage from the person's own household.
### § 36-01-23. Application for permit.

Repealed by S.L. 1989, ch. 425, § 32.

### § 36-01-24. Revocation of permits.

Repealed by S.L. 1989, ch. 425, § 32.
### § 36-01-25. Cooking or other treatment.

Repealed by S.L. 1989, ch. 425, § 32.
### § 36-01-26. Inspection and investigation - Maintenance of records - Feeding plants.

Repealed by S.L. 1989, ch. 425, § 32.
### § 36-01-27. Enforcement of the act.

Repealed by S.L. 1989, ch. 425, § 32.
### § 36-01-28. Enforcement orders - Administrative hearing - Penalty.

1. Except when otherwise ordered by a court of competent jurisdiction, the board may
order any domestic animal or nontraditional livestock brought into this state which is
not in compliance with the provisions of this chapter to be returned to the state of
origin, or in the alternative, the board may order the animal slaughtered or destroyed.
The board may grant an exception for any nontraditional livestock if a zoo licensed by
the animal care program of the animal and plant health inspection service of the
United States department of agriculture takes possession upon confiscation of the
animal.
2. If, after a hearing, the board finds that a person has brought, kept, or received any
domestic animal or nontraditional livestock in this state and the animal or livestock is
not in compliance with the provisions of this chapter or rules adopted under this
chapter, a civil penalty not to exceed five thousand dollars per violation may be
assessed against that person.
3. Any person who violates any of the provisions of this chapter for which a specific
penalty is not provided, or who knowingly violates any rule adopted by the board, is
guilty of an infraction.
### § 36-01-29. Monitored livestock feedlots - Rules - License.

The board may adopt rules for the establishment and maintenance by any person of a
monitored livestock feedlot. Any person may, on compliance with the rules, obtain a license for
the feedlot upon filing an application with the commissioner and upon the payment of an annual
fee of fifty dollars to the commissioner. The fee must be deposited with the state treasurer in the
general fund out of which, upon legislative appropriation, the veterinarian inspector's fees and
cost of administration must be paid. When licensed and in compliance with the rules for the
maintenance of the monitored livestock feedlot, the licensee is authorized to confine and feed,
in the feedlot, without vaccination for brucellosis and such other diseases as the board may
specify, cattle to be sold only for slaughter or to another monitored feedlot.
### § 36-01-30. Feedlot registration - Rules - Penalty.

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

### § 36-01-31. Venomous reptiles - Possession - Permit - Penalty.

1. Except in accordance with the terms of a permit issued under subsection 2, a person
may not possess a live venomous reptile, as defined by the state veterinarian.
2. The state veterinarian may issue a permit for the possession of a live venomous reptile
only if, in the determination of the state veterinarian, the applicant seeking the permit
demonstrates an educational purpose for and the ability to appropriately house, feed,
care for, handle, and if necessary dispose of the reptile. For purposes of this
subsection, an educational purpose includes research, and displays at schools,
institutions of higher education, wildlife preserves, and zoos. The state veterinarian
may establish the length of time for which each permit is valid.
3. A person may not release in this state any reptile whose possession is prohibited by
this section.
4. A person who violates this section is guilty of a class B misdemeanor.
### § 36-01-32. Duties - Animal tracking.

The board shall develop and maintain animal tracking databases to assist with tracking
animal movements for animal health purposes only. The information obtained and maintained in
the databases is subject to open records laws as provided for in section 36-01-36.
### § 36-01-33. State board of animal health - Certification of livestock - Fees - Agriculture

commissioner - Continuing appropriation.
1. a. At the request of a livestock producer, the board shall provide inspection and
verification services for the purpose of certifying that livestock have been or are
being raised according to standards and protocols articulated by the producer.
b. At the request of a livestock processor, the board shall provide inspection and
verification services for the purpose of certifying that the meat products and
manner of processing meet or exceed standards, descriptions, or specifications
articulated by the processor.
c. The board shall determine the nature and scope of the inspection and verification
services necessary to provide the certification requested under this subsection.
2. The board may establish and charge fees for the requested services. The board shall
forward all moneys received under subsection 1 and this subsection to the state
treasurer for deposit in the commissioner's operating fund.
3. The commissioner may collect fees for the cost of each brucellosis tag, each
identification tag, and each health book the commissioner distributes. The fees
collected by the commissioner under this subsection must be deposited in the
commissioner's operating fund and are appropriated on a continuing basis to the board
to be used to enforce this chapter.
### § 36-01-34. Restriction on importation of certain animals - Exception.

1. The state board of animal health may restrict the importation and the sale or other
distribution within the state of any domestic animal and any animal that is wild by
nature, if the board has reason to believe that the animal may pose a threat to the
health and well-being of this state's human or animal population.
2. The board may exempt, from any restriction imposed under subsection 1, the
importation or sale of animals for bona fide scientific purposes, educational purposes,
or temporary exhibitions.
### § 36-01-35. Assistance in criminal investigations.

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

### § 36-01-36. Premises identification, animal identification, and animal tracking - Open

records - Exception.
1. The board shall maintain the confidentiality of information created, collected, or
maintained by the state veterinarian for purposes of premises identification, animal
identification, or animal tracking, including the name and address of the owner or
lessee of the property where an animal found, is located.
2. The information described in subsection 1 is not subject to section 44-04-18 and may
not be disclosed unless:
a. Every individual who is the subject of the information provides written consent to
the release of information;
b. The disclosure is authorized pursuant to federal law;
c. The disclosure is necessary to provide a state or federal agency with information
to assist in animal disease control or tracing an animal disease;
d. The disclosure is to the attorney general or to law enforcement to assist in a
criminal investigation;
e. A court of competent jurisdiction orders the disclosure; or
f. The disclosure is to provide the North Dakota stockmen's association with
information under section 4.1-72-05.
3. A person violating this section is subject to the remedies set forth in section
### § 44-04-21.2. For purposes of applying section 44-04-21.

2, "public entity" includes any
person that has contracted with the state for the provision of services related to a
premises identification, animal identification, or animal tracking database program.
