36-01 State Board of Animal Health

Statutes > North Dakota Statutes > Chapter 36 Livestock > 36-01 State Board of Animal Health

Loading PDF...

TITLE 36LIVESTOCKCHAPTER 36-01STATE BOARD OF ANIMAL HEALTH36-01-00.1. Definitions. In this chapter unless the context or subject matter otherwiserequires: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.Noindividual 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;Page No. 1g.One individual who is actively engaged and financially interested in the nontraditional livestock industry and who shall represent the industry on the board; andh.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 ofanimal 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 asecretary 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 theboard 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 consentof 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 ofemergency 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 inPage No. 2order 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 boardshall 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 - Fees - Continuing appropriation. The board shall protectthe 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. The commissioner shall collect fees for the actual direct cost of providing each brucellosis tag, each identification tag, and each health book the commissioner distributes. The fees collected by the commissioner must be deposited in the agriculture commissioner's operating fund and are appropriated on a continuing basis to the state board of animal health to be used to enforce this chapter.36-01-08.1. Nontraditional livestock license - Fee. The board of animal health mayrequire 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 shallconduct performance evaluations of the state veterinarian and any assistant state veterinarians.36-01-08.4. Ownership of skunks and raccoons prohibited - Exception - Rules onprimates, 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 adoptPage No. 3rules 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, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

Find Legal Information

North Dakota Codes and Statutes

36-01 State Board of Animal Health