Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF659 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to agriculture; transferring certain duties from the commissioner of natural
3	3	1.3 resources to the Board of Animal Health; amending Minnesota Statutes 2024,
4	4	1.4 section 35.155, subdivisions 4, 7, 11; repealing Minnesota Statutes 2024, section
5	5	1.5 35.155, subdivision 15.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 35.155, subdivision 4, is amended to read:
8	8	1.8 Subd. 4.Fencing.Farmed Cervidae must be confined in a manner designed to prevent
9	9	1.9escape. All perimeter fences for farmed Cervidae must be at least 96 inches in height and
10	10	1.10be constructed and maintained in a way that prevents the escape of farmed Cervidae, entry
11	11	1.11into the premises by free-roaming Cervidae, and physical contact between farmed Cervidae
12	12	1.12and free-roaming Cervidae. The Board of Animal Health or commissioner of natural
13	13	1.13resources may determine whether the construction and maintenance of fencing is adequate
14	14	1.14to prevent physical contact or escape under this subdivision and may compel corrective
15	15	1.15action when fencing is determined to be inadequate. All new fencing installed and all fencing
16	16	1.16used to repair deficiencies must be high tensile. All entry areas for farmed Cervidae enclosure
17	17	1.17areas must have two redundant gates, which must be maintained to prevent the escape of
18	18	1.18animals through an open gate. If a fence deficiency allows entry or exit by farmed or wild
19	19	1.19Cervidae, the owner must immediately repair the deficiency. All other deficiencies must be
20	20	1.20repaired within a reasonable time, as determined by the Board of Animal Health, not to
21	21	1.21exceed 14 days. If a fence deficiency is detected during an inspection, the facility must be
22	22	1.22reinspected at least once in the subsequent three months. The farmed Cervidae owner must
23	23	1.23pay a reinspection fee equal to one-half the applicable annual inspection fee under subdivision
24	24	1.247a for each reinspection related to a fence violation. If the facility experiences more than
25	25	1Section 1.
26	26	25-02471 as introduced01/17/25 REVISOR BD/RC
27	27	SENATE
28	28	STATE OF MINNESOTA
29	29	S.F. No. 659NINETY-FOURTH SESSION
30	30	(SENATE AUTHORS: WESENBERG, Green, Eichorn, Drazkowski and Westrom)
31	31	OFFICIAL STATUSD-PGDATE
32	32	Introduction and first reading01/27/2025
33	33	Referred to Agriculture, Veterans, Broadband and Rural Development 2.1one escape incident in any six-month period or fails to correct a deficiency found during
34	34	2.2an inspection, the board may revoke the facility's registration and order the owner to remove
35	35	2.3or destroy the animals as directed by the board. If the board revokes a facility's registration,
36	36	2.4the commissioner of natural resources may seize and destroy animals at the facility.
37	37	2.5 Sec. 2. Minnesota Statutes 2024, section 35.155, subdivision 7, is amended to read:
38	38	2.6 Subd. 7.Inspection.(a) The Board of Animal Health must annually inspect farmed
39	39	2.7Cervidae, farmed Cervidae facilities, and farmed Cervidae records. As coordinated by the
40	40	2.8board, the commissioner of agriculture and an enforcement officer as defined under section
41	41	2.997A.015, subdivision 18, may participate in the inspection.
42	42	2.10 (b) The annual inspection must include a physical inspection of all perimeter fencing
43	43	2.11around the facility and a viewing to verify that all animals are tagged. The owner of a farmed
44	44	2.12Cervidae facility must present to the inspectors an accurate inventory of the owner's farmed
45	45	2.13Cervidae and other records for review. During an annual inspection, the owner must present
46	46	2.14individual animals in a herd for a physical inventory, if required by the board.
47	47	2.15 (c) The commissioner of natural resources may inspect farmed Cervidae, farmed Cervidae
48	48	2.16facilities, and farmed Cervidae records with reasonable suspicion that laws protecting native
49	49	2.17wild animals have been violated and must notify the owner in writing at the time of the
50	50	2.18inspection of the reason for the inspection and must inform the owner in writing after the
51	51	2.19inspection of whether (1) the cause of the inspection was unfounded; or (2) there will be an
52	52	2.20ongoing investigation or continuing evaluation.
53	53	2.21 (d) The commissioner of natural resources may inspect farmed white-tailed deer according
54	54	2.22to the concurrent authority granted under subdivision 14.
55	55	2.23 Sec. 3. Minnesota Statutes 2024, section 35.155, subdivision 11, is amended to read:
56	56	2.24 Subd. 11.Mandatory surveillance for chronic wasting disease; depopulation.(a)
57	57	2.25An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian
58	58	2.26and filed with the Board of Animal Health every 12 months.
59	59	2.27 (b) Movement of farmed Cervidae from any premises to another location must be reported
60	60	2.28to the Board of Animal Health within 14 days of the movement on forms approved by the
61	61	2.29Board of Animal Health. A person must not move farmed white-tailed deer from a herd that
62	62	2.30tests positive for chronic wasting disease from any premises to another location.
63	63	2.31 (c) All animals from farmed Cervidae herds that are over six months of age that die or
64	64	2.32are slaughtered must be tested for chronic wasting disease.
65	65	2Sec. 3.
66	66	25-02471 as introduced01/17/25 REVISOR BD/RC 3.1 (d) The owner of a premises where chronic wasting disease is detected must:
67	67	3.2 (1) allow and cooperate with inspections of the premises as determined by the Board of
68	68	3.3Animal Health and Department of Natural Resources conservation officers and wildlife
69	69	3.4managers;
70	70	3.5 (2) depopulate the premises of Cervidae after the federal indemnification process has
71	71	3.6been completed or, if an indemnification application is not submitted, within 30 days;
72	72	3.7 (3) maintain the fencing required under subdivision 4 on the premises for ten years after
73	73	3.8the date of detection;
74	74	3.9 (4) post the fencing on the premises with biohazard signs as directed by the board;
75	75	3.10 (5) not raise farmed Cervidae on the premises for at least ten years;
76	76	3.11 (6) before signing an agreement to sell or transfer the property, disclose in writing to
77	77	3.12the buyer or transferee the date of depopulation and the requirements incumbent upon the
78	78	3.13premises and the buyer or transferee under this paragraph; and
79	79	3.14 (7) record with the county recorder or registrar of titles, as appropriate, in the county
80	80	3.15where the premises is located a notice, in the form required by the board, that meets the
81	81	3.16recording requirements of sections 507.093 and 507.24 and includes the nearest address
82	82	3.17and the legal description of the premises, the date of detection, the date of depopulation,
83	83	3.18the landowner requirements under this paragraph, and any other information required by
84	84	3.19the board. The legal description must be the legal description of record with the county
85	85	3.20recorder or registrar of titles and must not otherwise be the real estate tax statement legal
86	86	3.21description of the premises. The notice expires and has no effect ten years after the date of
87	87	3.22detection stated in the notice. The registrar of titles must omit an expired notice from future
88	88	3.23certificates of title.
89	89	3.24 (e) An owner of farmed Cervidae that test positive for chronic wasting disease is
90	90	3.25responsible for proper disposal of the animals, as determined by the board.
91	91	3.26 Sec. 4. TRANSFER OF DUTIES; FARMED WHITE-TAILED DEER.
92	92	3.27 (a) Responsibility for administering and enforcing the statutes and rules listed in clauses
93	93	3.28(1) and (2) for farmed white-tailed deer are, except as provided in paragraph (b), transferred
94	94	3.29pursuant to Minnesota Statutes, section 15.039, from the commissioner of natural resources
95	95	3.30to the Board of Animal Health:
96	96	3.31 (1) Minnesota Statutes, sections 35.153 to 35.156; and
97	97	3.32 (2) Minnesota Rules, parts 1721.0370 to 1721.0420.
98	98	3Sec. 4.
99	99	25-02471 as introduced01/17/25 REVISOR BD/RC 4.1 (b) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, personnel must
100	100	4.2not be transferred pursuant to this section.
101	101	4.3 Sec. 5. REPEALER.
102	102	4.4 Minnesota Statutes 2024, section 35.155, subdivision 15, is repealed.
103	103	4Sec. 5.
104	104	25-02471 as introduced01/17/25 REVISOR BD/RC 35.155 FARMED CERVIDAE.
105	105	Subd. 15.Cooperation with Board of Animal Health.(a) The commissioner of natural
106	106	resources may contract with the Board of Animal Health to administer some or all of sections 35.153
107	107	to 35.156 for farmed white-tailed deer.
108	108	(b) The commissioner of natural resources must enter into an interagency agreement which
109	109	establishes roles and responsibilities necessary to protect the health of Cervidae in Minnesota
110	110	consistent with state regulations.
111	111	1R
112	112	APPENDIX
113	113	Repealed Minnesota Statutes: 25-02471