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