N.D. Cent. Code § 36-14.1-03 — ND Code / Title 36 / Chapter 36-14.1 / Section 36-14.1-03
36-14.1-03. Appraisal and indemnification
Status: in_force

36-14.1-03. Appraisal and indemnification

The board or the state veterinarian shall appraise any swine destroyed or ordered

destroyed pursuant to this chapter and shall indemnify the owner of such swine in an amount to

be set by the board for either registered animals or grade animals.
N.D. Cent. Code § 36-01-30 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-30
36-01-30. Feedlot registration - Rules - Penalty
Status: in_force

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.
N.D. Cent. Code § 36-14-04 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-04
36-14-04. Horses, mules, and asses imported into state to have certificate of veterinary inspection
Status: repealed

36-14-04. Horses, mules, and asses imported into state to have certificate of

veterinary inspection.

Repealed by S.L. 1999, ch. 317, § 28.
N.D. Cent. Code § 36-01-15 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-15
36-01-15. Expense of experts - How paid
Status: in_force

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.
N.D. Cent. Code § 36-01-16 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-16
36-01-16. Disposal of carcass of diseased animal
Status: in_force

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.
N.D. Cent. Code § 36-01-32 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-32
36-01-32. Duties - Animal tracking
Status: in_force

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.
N.D. Cent. Code § 36-11-20 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-20
36-11-20. Sheriff to return or impound livestock running at large - Expenses to be paid by owner
Status: in_force

36-11-20. Sheriff to return or impound livestock running at large - Expenses to be

paid by owner.

In the event of a complaint by anyone suffering injury or damages or likely to suffer injury or

damages as a result of livestock running at large contrary to section 36-11-01, the sheriff of the

county in which the livestock may be found shall return the livestock to the owner or impound

the livestock and dispose of them as estrays under chapter 4.1-75. The expenses incurred by

the sheriff or the sheriff's agents in performing the duties required in this section must be paid by

the owner of the livestock. If the owner cannot be found, the sheriff's expense must be

recovered from proceeds remaining after the disposal of the livestock as estrays.
N.D. Cent. Code § 36-14-12.1 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-12.1
36-14-12.1. Notice of condemnation of diseased animal - Animal to be destroyed within fifteen days - Extension of time
Status: in_force

36-14-12.1. Notice of condemnation of diseased animal - Animal to be destroyed

within fifteen days - Extension of time.

Whenever any animal has been adjudged by the board to be diseased, the board or its

authorized agent shall serve a written notice of its decision upon the owner or keeper of the

animal before the condemned animal is killed. The animal must be destroyed within fifteen days

after notice of condemnation, in either a federally inspected or state-inspected slaughtering

plant, or under the supervision of an agent of the board. The fifteen-day period may be

extended by the state veterinarian if the state veterinarian determines it advisable due to the

circumstances involved in each case. The extension must be in writing. The notice must advise

the animal's owner or keeper of that person's right to protest against the diagnosis and

determination of the board within twenty-four hours after the service of the notice upon the

owner or keeper. If no protest is made within that time by the owner or keeper of the condemned

animal, the animal must be appraised in the manner provided in this chapter.
N.D. Cent. Code § 36-01-07 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-07
36-01-07. Consulting veterinarian of board - Duties - Compensation
Status: in_force

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.
N.D. Cent. Code § 36-01-12.2 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-12.2
36-01-12.2. Confiscation of nontraditional livestock held in violation of this chapter
Status: in_force

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.
N.D. Cent. Code § 36-21.2-04 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-04
36-21.2-04. Animal abandonment - Definition - Exemptions - Penalty
Status: in_force

36-21.2-04. Animal abandonment - Definition - Exemptions - Penalty

1. Any person that willfully engages in the abandonment of an animal is guilty of a

class A misdemeanor.

2. For purposes of this chapter, "abandonment" means the relinquishment of a person's

custody or control, with no intention of reclaiming that custody or control, and without

placing the animal into the custody or control of another person that is able to provide

care for the animal and who knowingly and willingly accepts that responsibility. The

term includes:

a. The desertion of an animal; and

b. The failure to retrieve an animal within forty-eight hours after the agreed-upon

conclusion of a boarding contract or other service contract, other than that

specified in section 43-29-16.1.

3. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the

livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing,

and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act,

7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition

of wild animals that have entered structures or personal property;

b. The humane or swift destruction of an animal for cause; and

c. Services provided by or under the direction of a licensed veterinarian.

4. For purposes of this section, "care" means food, water, and shelter from the elements,

as appropriate for the species, the breed, and the animal's age and physical condition,

and necessary medical attention.
N.D. Cent. Code § 36-14.1-02 — ND Code / Title 36 / Chapter 36-14.1 / Section 36-14.1-02
36-14.1-02. General authority
Status: in_force

36-14.1-02. General authority

The board or the state veterinarian may destroy or require the destruction of any swine that

the board or the state veterinarian knows to be, or suspects is, infected with, affected with, or

exposed to hog cholera, whenever destruction is necessary to prevent or reduce the danger of

the spread of hog cholera.
N.D. Cent. Code § 36-21-13 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-13
36-21-13. Exemplary damages for injuries to domestic animals
Status: in_force

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.
N.D. Cent. Code § 36-15-17 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-17
36-15-17. Tuberculin and brucellosis testing of entire county may be enforced under certain conditions
Status: repealed

36-15-17. Tuberculin and brucellosis testing of entire county may be enforced under

certain conditions.

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-11-05 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-05
36-11-05. Revocation of resolution establishing stock district - Petition required - When stock district may be re-established
Status: repealed

36-11-05. Revocation of resolution establishing stock district - Petition required -

When stock district may be re-established.

Repealed by omission from this code.
N.D. Cent. Code § 36-21.1-01 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-01
36-21.1-01. Definitions
Status: repealed

36-21.1-01. Definitions

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-26-04 — ND Code / Title 36 / Chapter 36-26 / Section 36-26-04
36-26-04. Presence of feral swine - Notification of board - Immediate threat
Status: in_force

36-26-04. Presence of feral swine - Notification of board - Immediate threat

1. Any person having reason to believe that feral swine are present on property owned

by or legally occupied by that person shall notify the board and cooperate with the

board in controlling or eradicating the feral swine.

2. a. Notwithstanding any other provision of this chapter, if a person encounters a feral

swine on property owned by or legally occupied by that person and determines

that the feral swine poses a threat of harm or destruction of property, the person

may immediately eradicate the feral swine.

b. Any person eradicating a swine under this subsection shall notify the board as

soon as practicable, but in no event later than twenty-four hours after the time of

the eradication. The person shall follow any instructions given by the board with

respect to the handling of the carcass, preservation of the carcass for testing, and

disposal of the carcass.
N.D. Cent. Code § 36-21.1-14 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-14
36-21.1-14. Assumption of custody - Immunity from liability
Status: in_force

36-21.1-14. Assumption of custody - Immunity from liability

Any sheriff, police officer, licensed veterinarian, investigator, or person who has custody of

an animal under this chapter and who is acting in an official or professional capacity and making

a good-faith effort to comply with this chapter is immune from any civil or criminal liability for

acts taken or omitted while attempting to comply with this chapter.
N.D. Cent. Code § 36-01-05 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-05
36-01-05. State veterinarian - Appointment
Status: in_force

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.
N.D. Cent. Code § 36-21-09 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-09
36-21-09. Officer's duty to arrest person instigating or promoting fights between animals
Status: repealed

36-21-09. Officer's duty to arrest person instigating or promoting fights between

animals.

Repealed by S.L. 1971, ch. 341, § 12.
N.D. Cent. Code § 36-26-01 — ND Code / Title 36 / Chapter 36-26 / Section 36-26-01
36-26-01. Definitions
Status: in_force

36-26-01. Definitions

As used in this chapter:

1. "Board" means the state board of animal health.

2. "Feral swine" means a hog, boar, or pig that:

a. Appears to be untamed or undomesticated;

b. Appears to have reverted from a domesticated to a wild state; and

c. Is freeroaming.
N.D. Cent. Code § 36-14.1-06 — ND Code / Title 36 / Chapter 36-14.1 / Section 36-14.1-06
36-14.1-06. Rules and regulations
Status: in_force

36-14.1-06. Rules and regulations

The board may make, promulgate, amend, repeal, and enforce rules and regulations for

implementing this chapter.
N.D. Cent. Code § 36-12-02 — ND Code / Title 36 / Chapter 36-12 / Section 36-12-02
36-12-02. Enticing or driving animals away prohibited - Duties of drover or herder
Status: in_force

36-12-02. Enticing or driving animals away prohibited - Duties of drover or herder

No drover or herder, or assistant of either, may drive or entice away, without the consent of

the owner thereof, any animal from the premises of such owner or from the range or other place

usually frequented by such animal, nor may such a person suffer any such animal to be driven

or enticed away, or to follow, join, or remain with that person's herd or flock. In order to prevent

any animal belonging to another person from being driven or enticed away or from following,

joining, or remaining with such herd, the drover or herder shall deliver such animal without delay

to the owner thereof, if known, or if the owner is unknown, to a resident of the neighborhood or

to a peace officer of the county, who shall return it to the owner or dispose of it as an estray as

provided in this title.
N.D. Cent. Code § 36-14-07 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-07
36-14-07. Swine brought into state to have certificate of veterinary inspection - Contents
Status: repealed

36-14-07. Swine brought into state to have certificate of veterinary inspection -

Contents.

Repealed by S.L. 1999, ch. 317, § 28.
N.D. Cent. Code § 36-21.2-09 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-09
36-21.2-09. Title of animal - Sale or adoption
Status: in_force

36-21.2-09. Title of animal - Sale or adoption

The title to any animal sold or adopted in accordance with this chapter passes to the

individual taking custody or control of the animal.
N.D. Cent. Code § 36-14-23 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-23
36-14-23. Animal condemned as diseased to be appraised by board - Notice to owner
Status: in_force

36-14-23. Animal condemned as diseased to be appraised by board - Notice to owner

1. Whenever any animal has been adjudged to be diseased and ordered killed by the

board, the board or its authorized agent, within seven days after the entry of the order

and before the animal has been killed pursuant to the order, shall determine the actual

value of the animal. Notice of the appraisal must be given to the owner or keeper of

the animal.

2. If an emergency is declared by the governor, the board shall conduct any appraisal

required by this section and may destroy the animal as soon thereafter as is

practicable. The owner may protest the appraisal, however, a protest may not delay

the destruction of the animal.
N.D. Cent. Code § 36-08-01 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-01
36-08-01. Definitions
Status: in_force

36-08-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Animal unit" means a cow, a bull, or a steer, or five sheep over six months of age on

the first day of May of the year in which the age is being determined. Two horses are

equivalent to three animal units. Animals not more than six months old on the first day

of May of the year in which the age is being determined, and which are the natural

increase of the permitted livestock, may not be counted.

2. "Association" means a corporate or cooperative grazing association.

3. "Cooperative grazing association" means a corporate or cooperative association

mutually operated for the purpose of aiding in the conservation, restoration,

improvement, development, and utilization of natural forage resources within any

county or counties where a grazing area has been acquired for joint use by its

members and for aiding in the restoration, conservation, improvement, development,

and utilization of lands.

4. "Cooperative grazing district" means and includes a grazing area controlled by a

grazing association and utilized by its members for grazing purposes under such

definite restrictions, regulations, and limitations by the association as contribute to the

conservation, restoration, improvement, and development of the forage resources of

such land.

5. "District" means a corporate or cooperative grazing district.

6. "Grazing area" means any area of land situated in any one or more counties in this

state, which has been or may be acquired by purchase, lease, or otherwise by an

association for grazing purposes or for the raising of forage crops.

7. "Subdivision" means any portion or block of land situated within the outside

boundaries of a district.
N.D. Cent. Code § 36-21.1-06 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-06
36-21.1-06. Exposure of animals - Authority of officers
Status: repealed

36-21.1-06. Exposure of animals - Authority of officers

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-14-05 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-05
36-14-05. Cattle brought into state - Certificate of veterinary inspection required
Status: repealed

36-14-05. Cattle brought into state - Certificate of veterinary inspection required

Repealed by S.L. 1999, ch. 317, § 28.
N.D. Cent. Code § 36-01-34 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-34
36-01-34. Restriction on importation of certain animals - Exception
Status: in_force

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.
N.D. Cent. Code § 36-11-09 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-09
36-11-09. Action permitted when livestock breaks through lawful fence
Status: in_force

36-11-09. Action permitted when livestock breaks through lawful fence

Any person owning or having charge of any livestock that goes through, over, or under any

lawful fence is liable for all resulting damages. Any livestock that goes through, over, or under a

lawful fence is deemed trespassing livestock for the purposes of this chapter.
N.D. Cent. Code § 36-21-05 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-05
36-21-05. Skinning dead livestock - Restrictions governing
Status: repealed

36-21-05. Skinning dead livestock - Restrictions governing

Repealed by S.L. 2017, ch. 68, § 18.
N.D. Cent. Code § 36-26-05 — ND Code / Title 36 / Chapter 36-26 / Section 36-26-05
36-26-05. Civil penalty
Status: in_force

36-26-05. Civil penalty

1. Any person violating section 36-26-03 is subject to:

a. A civil penalty in an amount not exceeding five thousand dollars per violation; and

b. A claim for the actual costs of control or eradication incurred by any state or

federal government agency as a result of the person's violation.

2. Any person violating section 36-26-04 is subject to a civil penalty in an amount not

exceeding two hundred fifty dollars for a first offense and a civil penalty in an amount

not exceeding five thousand dollars for a subsequent offense.
N.D. Cent. Code § 36-01-08.2 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-08.2
36-01-08.2. Mountain lions, wolves, and wolf hybrids held in captivity - Identification required
Status: in_force

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.
N.D. Cent. Code § 36-21-14 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-14
36-21-14. Licensing of weighmen - Fees
Status: repealed

36-21-14. Licensing of weighmen - Fees

Repealed by S.L. 1991, ch. 375, § 1.
N.D. Cent. Code § 36-15-15 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-15
36-15-15. Testing for tuberculosis or for brucellosis without petition - When permitted
Status: repealed

36-15-15. Testing for tuberculosis or for brucellosis without petition - When

permitted.

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-21-19 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-19
36-21-19. Equine processing assessment - Continuing appropriation - Provision of grants
Status: in_force

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.
N.D. Cent. Code § 36-21.1-08 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-08
36-21.1-08. Artificially colored animals - Sale
Status: in_force

36-21.1-08. Artificially colored animals - Sale

No person may sell or offer for sale, raffle, offer, or give as a prize, premium, or advertising

device, or display in any store, shop, carnival, or other public place, a chick, duckling, gosling, or

rabbit which has been dyed or otherwise artificially colored.
N.D. Cent. Code § 36-15-18 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-18
36-15-18. Retesting in modified accredited tuberculosis-free county
Status: repealed

36-15-18. Retesting in modified accredited tuberculosis-free county

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-15-02 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-02
36-15-02. Notice of condemnation of diseased animal - Animal to be destroyed within fifteen days - Extension of time
Status: in_force

36-15-02. Notice of condemnation of diseased animal - Animal to be destroyed within

fifteen days - Extension of time.

Whenever any animal has been adjudged by the board to be infected with bovine

tuberculosis or brucellosis, the board or its authorized agent shall serve a written notice of its

decision upon the owner or keeper of the animal before the condemned animal is killed. The

animal must be destroyed within fifteen days after notice of condemnation, in either a

federal-inspected or state-inspected slaughtering plant, or under the supervision of an agent of

the board. The fifteen-day period may be extended by the state veterinarian if that person

deems it advisable due to the circumstances involved in each case, and the extension must be

in writing. The notice must advise the owner or keeper of that person's right to protest against

the diagnosis and determination of the board within twenty-four hours after the service of the

notice upon that person. If no protest is made within such time by the owner or keeper of the

condemned animal, it must be appraised in the manner provided in this chapter.
N.D. Cent. Code § 36-15-19 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-19
36-15-19. Penalty for violation of provisions relating to testing of animals
Status: in_force

36-15-19. Penalty for violation of provisions relating to testing of animals

Any person who attempts to prevent the board or the commissioner from carrying out this

chapter, or who violates any of the provisions of this chapter relating to the testing of animals, is

guilty of an infraction.
N.D. Cent. Code § 36-15-21.1 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-21.1
36-15-21.1. Calfhood vaccination against brucellosis - Waiver of requirements
Status: in_force

36-15-21.1. Calfhood vaccination against brucellosis - Waiver of requirements

1. The board may waive the requirement set forth in section 36-15-21 if the person

requesting the waiver obtains a form from the state veterinarian and submits the

completed form to the board.

2. As a condition of granting the waiver, the board may require disease testing,

vaccination, quarantine, and reporting, as well as any other actions the board

determines necessary to protect the health and safety of domestic animals or

nontraditional livestock.

3. If the board does not grant the application for waiver within one hundred twenty days

from the date the application is received by the board, the application is deemed

denied.

4. Any person aggrieved by a decision of the board has the right to receive an

administrative hearing if the person files a written request for a hearing with the board

within ten days from the date on which the board's determination regarding the waiver

is received by the applicant or, if no response is received by the applicant, within ten

days from the date the application is deemed denied under this section.
N.D. Cent. Code § 36-21.1-11 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-11
36-21.1-11. Penalty
Status: in_force

36-21.1-11. Penalty

Any person knowingly and willfully violating any rule adopted by the board or violating any

provision of this chapter for which a specific penalty is not provided is guilty of a class A

misdemeanor.
N.D. Cent. Code § 36-21.1-02 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-02
36-21.1-02. Overworking, mistreating, or abandoning animals
Status: repealed

36-21.1-02. Overworking, mistreating, or abandoning animals

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-01-12.1 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-12.1
36-01-12.1. Fund transfer for control of diseases
Status: in_force

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.
N.D. Cent. Code § 36-21-03 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-03
36-21-03. Lien for caring for abused animal - Priority - Where prior lien of record exists
Status: repealed

36-21-03. Lien for caring for abused animal - Priority - Where prior lien of record

exists.

Repealed by S.L. 1971, ch. 341, § 12.
N.D. Cent. Code § 36-01-06 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-06
36-01-06. State veterinarian - Duties
Status: in_force

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.
N.D. Cent. Code § 36-21-15 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-15
36-21-15. Sale of livestock by weight
Status: in_force

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.
N.D. Cent. Code § 36-14.1-01 — ND Code / Title 36 / Chapter 36-14.1 / Section 36-14.1-01
36-14.1-01. Definitions
Status: in_force

36-14.1-01. Definitions

As used in this chapter:

1. "Board" means the state board of animal health.

2. "Commissioner" means the agriculture commissioner.

3. "Destroy" means to condemn because of hog cholera under state authority and

slaughter or otherwise kill as a result of or pursuant to such condemnation.

4. "Hog cholera" means the contagious, infectious, and communicable disease of swine

commonly known as hog cholera.
N.D. Cent. Code § 36-01-10 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-10
36-01-10. Agents and assistants may be employed by commissioner - Granting of authority to United States government inspectors
Status: in_force

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.
N.D. Cent. Code § 36-15-12 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-12
36-15-12. Bovine tuberculosis fund and brucellosis fund to be maintained
Status: repealed

36-15-12. Bovine tuberculosis fund and brucellosis fund to be maintained

Repealed by S.L. 1999, ch. 317, § 28.
N.D. Cent. Code § 36-01-33 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-33
36-01-33. State board of animal health - Certification of livestock - Fees - Agriculture commissioner - Continuing appropriation
Status: in_force

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.
N.D. Cent. Code § 36-14-08 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-08
36-14-08. Immunization of swine to be exhibited at fairs
Status: repealed

36-14-08. Immunization of swine to be exhibited at fairs

Repealed by S.L. 1961, ch. 245, § 1.
N.D. Cent. Code § 36-25-10 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-10
36-25-10. Enforcement orders - Administrative hearing - Penalty
Status: in_force

36-25-10. Enforcement orders - Administrative hearing - Penalty

1. The board may order any elk brought into this state in violation of this chapter or rules

adopted by the board to be returned to the state of origin or to be slaughtered. The

owner of the elk has the right to an administrative hearing on an order of the board in

the manner provided in chapter 28-32 if the owner makes a written request for a

hearing to the board within ten days after service of the order. If the owner does not

request a hearing and if the owner fails to comply with the order, the state veterinarian

shall carry out the order. The owner is liable to the board for all costs, including

disease testing, incurred in carrying out the order.

2. If the board finds that a person has brought elk into this state, kept elk, or received elk

in violation of this chapter or rules adopted by the board, the board may assess that

person a civil penalty in an amount up to five thousand dollars per violation. Any

person aggrieved by a decision of the board may appeal the decision as provided in

chapter 28-32. The civil penalty assessed under this subsection must be in addition to

any costs incurred by the board for enforcement of the order.

3. Any person who knowingly violates this chapter or any rule of the board is guilty of an

infraction.
N.D. Cent. Code § 36-01-03 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-03
36-01-03. Officers of board - Election
Status: in_force

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.
N.D. Cent. Code § 36-14-13 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-13
36-14-13. Issuance of certificate of veterinary inspection by unauthorized person - Penalty
Status: in_force

36-14-13. Issuance of certificate of veterinary inspection by unauthorized person -

Penalty.

Any person who issues a certificate of veterinary inspection for livestock within this state

without being authorized so to do by the state board of animal health or by the United States

department of agriculture is guilty of a class B misdemeanor.
N.D. Cent. Code § 36-21-18 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-18
36-21-18. Title to property to remain with seller until settlement made
Status: in_force

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.
N.D. Cent. Code § 36-11-03 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-03
36-11-03. Establishment of stock district - Petition
Status: repealed

36-11-03. Establishment of stock district - Petition

Repealed by S.L. 1953, ch. 219, § 1.
N.D. Cent. Code § 36-14-04.1 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-04.1
36-14-04.1. Animals imported into state to have certificate of veterinary inspection - Exception
Status: in_force

36-14-04.1. Animals imported into state to have certificate of veterinary inspection -

Exception.

1. Except as otherwise provided by this chapter or by rule, all domestic animals and

nontraditional livestock brought into this state must be accompanied by a certificate of

veterinary inspection certifying that the animals are free from symptoms of all

contagious and infectious diseases, and that the animals meet disease testing and

vaccination requirements prescribed by rule. Animals originating in other countries

must be tested for diseases, as determined by the board, until a risk assessment is

completed for the disease. If the board determines that an unacceptable risk exists,

the board may deny entry, require additional testing, or require a vaccination.

2. The requirement for a certificate of veterinary inspection is waived for cattle, sheep,

bison, and swine originating directly from a producer's premises and not diverted

en route, if the waiver is approved by the state veterinarian and the cattle, sheep,

bison, or swine are delivered for sale directly to a licensed auction market or other

premises approved by the state veterinarian.

3. The board may require certification indicating that animals entering this state from a

foreign country and intended for human consumption have not been treated with drugs

that are disallowed under federal law for use in animals intended for human

consumption.

4. The board may adopt rules to implement this section.
N.D. Cent. Code § 36-21.1-05 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-05
36-21.1-05. Animal with infectious disease
Status: in_force

36-21.1-05. Animal with infectious disease

No person owning or having charge of any animal, knowing the animal to have any

infectious or contagious disease, or to have recently been exposed thereto, may knowingly

permit such animal to run at large or come into contact with another animal, or with another

person without the person's knowledge and permission.
N.D. Cent. Code § 36-14-21 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-21
36-14-21. Enforcement orders - Administrative hearing - Penalty
Status: in_force

36-14-21. Enforcement orders - Administrative hearing - Penalty

1. 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.

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 animals or livestock

are 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 knowingly violates any rule of the board, or who violates any provision

of this chapter for which another penalty is not provided, is guilty of an infraction.
N.D. Cent. Code § 36-21.2-01 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-01
36-21.2-01. Neglect - Definition - Exemptions - Penalty
Status: in_force

36-21.2-01. Neglect - Definition - Exemptions - Penalty

1. Any person that willfully engages in animal neglect is guilty of a class A misdemeanor.

2. For purposes of this chapter, "neglect" with respect to dogs and cats, means the failure

to provide an animal with:

a. Food and water, as appropriate for the species, the breed, and the animal's age

and physical condition;

b. Shelter from the elements, as appropriate for the species, the breed, and the

animal's age and physical condition;

c. Necessary medical attention; and

d. An environment that is:

(1) Ventilated in a manner appropriate for the species, the breed, and the

animal's age and physical condition;

(2) Cleaned in a manner appropriate for the species, the breed, and the

animal's age and physical condition; and

(3) Free of conditions likely to cause injury or death to an animal of that

species, breed, age, and physical condition.

3. For purposes of this chapter, "neglect" with respect to all animals other than those

included in subsection 2, means the failure to provide:

a. Food and water that is:

(1) Appropriate for the species and the breed; and

(2) Sufficient to sustain the animal's health;

b. Minimal protection from adverse weather conditions, as appropriate for the

species and the breed; and

c. Medical attention in the event of an injury or illness, as appropriate for the species

and the breed.

4. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the

livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing,

and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act,

7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition

of wild animals that have entered structures or personal property;

b. The humane or swift destruction of an animal for cause; and

c. Services provided by or under the direction of a licensed veterinarian.
N.D. Cent. Code § 36-15-20 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-20
36-15-20. Brucellosis vaccination of calves
Status: repealed

36-15-20. Brucellosis vaccination of calves

Repealed by S.L. 1973, ch. 276, § 2.
N.D. Cent. Code § 36-11-12 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-12
36-11-12. Notice of damages to owner of livestock before action is commenced
Status: in_force

36-11-12. Notice of damages to owner of livestock before action is commenced

Before commencing any action for damages caused by the trespass of any livestock, the

person sustaining damages, if the person knows to whom the livestock belongs and the owner

is a resident of, and is present in, the county in which the trespass occurred, shall notify the

owner, or the person having the livestock in charge, of the nature and extent of the damage.
N.D. Cent. Code § 36-01-35 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-35
36-01-35. Assistance in criminal investigations
Status: in_force

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.
N.D. Cent. Code § 36-14-19 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-19
36-14-19. Disposition of carcass of animal dying from contagious or infectious disease
Status: in_force

36-14-19. Disposition of carcass of animal dying from contagious or infectious

disease.

Any animal which is found dead must be presumed to have died from a contagious or

infectious disease until the contrary is shown unless another cause of death is apparent. The

owner or person in charge of any domestic animal or nontraditional livestock which dies within

this state from or on account of any contagious or infectious disease shall dispose of the

carcass of such animal as follows:

1. If the animal died of anthrax, as determined by a licensed veterinarian, the carcass

must be completely burned at the place where it died if possible. If the carcass must

be moved, it may not be dragged over the ground but must be moved only on a

suitable conveyor and all body openings in the carcass must be plugged with cotton

saturated with a strong antiseptic solution.

2. If the carcass is of a hog which died from hog cholera or swine erysipelas, the same,

with hide intact, must be burned within thirty-six hours or given to a licensed rendering

plant within such time.

3. If the carcass is of an animal which has died of a disease other than is specified in

subsections 1 and 2, or from any other cause, it must be burned, buried, composted,

or given to a licensed rendering plant within thirty-six hours, or must be disposed of by

a method approved by the state veterinarian. If the carcass is buried, it must be buried

not less than four feet [1.22 meters] below the surface of the ground and covered with

dirt to that depth. No carcass may be disposed of along any public highway or along

any stream, lake, or river nor be buried near or adjoining any such place.
N.D. Cent. Code § 36-14-25 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-25
36-14-25. Fees of appraisers - How paid
Status: in_force

36-14-25. Fees of appraisers - How paid

Each member of the board of appraisers who is not an agent of the board is entitled to

receive one hundred thirty-five dollars per day as compensation for services rendered, plus

reimbursement for expenses as provided by law for state officers. Fifty percent of the amount

due under this section is payable by the state board of animal health and the other fifty percent

is payable by the owner of the animal.
N.D. Cent. Code § 36-15-21 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-21
36-15-21. Calfhood vaccination against brucellosis required - Penalty
Status: in_force

36-15-21. Calfhood vaccination against brucellosis required - Penalty

1. A person may not bring into this state or receive from outside this state any female

cattle over the maximum vaccination age prescribed in the brucellosis eradication

uniform methods and rules approved by the United States department of agriculture's

animal and plant health inspection service unless the cattle have been officially

calfhood vaccinated against brucellosis or a waiver has been granted by the board in

accordance with section 36-15-21.1. This subsection does not apply if the cattle

originate from a free state, a United States possession, or a Canadian province or

territory, which does not place requirements on North Dakota-origin female cattle

regarding calfhood brucellosis vaccinations or brucellosis testing before entry.

2. A person who brings female cattle into this state from a reciprocating free state, United

States possession, or Canadian province or territory shall prove that the cattle were

located in that state, possession, province, or territory for a period of at least sixty

days.

3. For purposes of this section, "officially calfhood vaccinated" means a female bovine

vaccinated against brucellosis as prescribed in the brucellosis eradication uniform

methods and rules approved by the United States department of agriculture's animal

and plant health inspection service.

4. In addition to other penalties provided in this chapter, a person who violates this

section is guilty of a class A misdemeanor.
N.D. Cent. Code § 36-01-28 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-28
36-01-28. Enforcement orders - Administrative hearing - Penalty
Status: in_force

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.
N.D. Cent. Code § 36-14.1-04 — ND Code / Title 36 / Chapter 36-14.1 / Section 36-14.1-04
36-14.1-04. Institution of indemnification
Status: in_force

36-14.1-04. Institution of indemnification

It is hereby recognized and declared that indemnification for the destruction of swine

infected with, exposed to, or suspected of being affected or exposed to hog cholera, is an

expression of the public policy of this state to be employed only in the final phase of the official

state-federal eradication program in the state, or as a means of preventing or minimizing its

recurrence, as such may be determined by the board. Neither the board nor the state

veterinarian may institute an initial program of indemnification until the state has been approved

as meeting the requirements specified by the appropriate cooperating federal agency.
N.D. Cent. Code § 36-01-26 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-26
36-01-26. Inspection and investigation - Maintenance of records - Feeding plants
Status: repealed

36-01-26. Inspection and investigation - Maintenance of records - Feeding plants

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-12-05 — ND Code / Title 36 / Chapter 36-12 / Section 36-12-05
36-12-05. Damages for violation of provisions - Judgment and costs to constitute a lien
Status: in_force

36-12-05. Damages for violation of provisions - Judgment and costs to constitute a

lien.

Every person violating any of the restrictions or requirements prescribed in section 36-12-02

is responsible to each person injured thereby to the extent of the injured person's damages,

which damages include the reasonable expenses incurred in searching for and recovering the

animal found in the herd or flock. If judgment is recovered for such damages, such judgment

and costs are enforceable as a lien upon the interest of the defendant in the animals constituting

such herd or flock.
N.D. Cent. Code § 36-01-11 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-11
36-01-11. Reports of board
Status: repealed

36-01-11. Reports of board

Repealed by S.L. 1995, ch. 347, § 53.
N.D. Cent. Code § 36-08-07 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-07
36-08-07. Animal units grazed
Status: in_force

36-08-07. Animal units grazed

No member of a cooperative grazing association is permitted to graze more than five

hundred animal units during a full twelve-month period in any one year. A member may be

permitted, however, to graze a correspondingly larger number for a shorter grazing period

during each year.
N.D. Cent. Code § 36-21-10 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-10
36-21-10. Dogs, wolves, and coyotes worrying livestock or poultry may be killed
Status: in_force

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.
N.D. Cent. Code § 36-14-02 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-02
36-14-02. Killing of infected animal for human consumption prohibited - Exception - Stamping of infected meat
Status: repealed

36-14-02. Killing of infected animal for human consumption prohibited - Exception -

Stamping of infected meat.

Repealed by S.L. 1993, ch. 358, § 2.
N.D. Cent. Code § 36-25-07 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-07
36-25-07. Sales of meat products
Status: in_force

36-25-07. Sales of meat products

Unless otherwise provided, a person selling or buying farmed elk as livestock, for human

consumption or for slaughter, must comply with this title and all applicable rules.
N.D. Cent. Code § 36-01-27 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-27
36-01-27. Enforcement of the act
Status: repealed

36-01-27. Enforcement of the act

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-08-02 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-02
36-08-02. Powers of grazing association
Status: in_force

36-08-02. Powers of grazing association

A nonprofit corporate or cooperative grazing association may be organized and operated

under the general law governing corporate or cooperatives and this chapter, with the following

additional power to:

1. Lease from the United States or any of its departments, corporations, or agencies, or

from this state or any of its departments or agencies, or from any county or political

subdivision therein, or from any other person or association, lands for grazing

purposes and for the purpose of raising forage crops.

2. Purchase land and related property for grazing operations and for the purpose of

raising forage crops.

3. Apportion to members grazing rights within its district on such terms, conditions, and

limitations, not in conflict with any of the provisions contained in any lease or leases

made by the association with the county, state, or federal government, or any of its

departments, boards, or agencies, as may be specified by the board of directors of the

association.

4. Issue grazing permits to nonmembers.

5. Act as agent of, and cooperate with, the federal and state government or any

department or agency thereof, in the conservation, restoration, improvement,

development, and utilization of the forage resources in this state or for any other

purpose, and to accept and use any funds provided by the federal or state government

or any department or agency thereof.

6. Borrow money directly from the United States or from any of its agencies or from any

other person or persons on such terms and in such manner as may be determined by

the board of directors, and to give such security therefor as the board of directors may

authorize.
N.D. Cent. Code § 36-01-09 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-09
36-01-09. How regulations made
Status: repealed

36-01-09. How regulations made

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-15-16 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-16
36-15-16. Transportation to agents of board may be furnished by county or township
Status: repealed

36-15-16. Transportation to agents of board may be furnished by county or township

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-15-01 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-01
36-15-01. Definitions
Status: in_force

36-15-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Animals" means bovine animals or bison.

2. "Board" means the state board of animal health.

3. "Diseased", when used to describe any animals, means animals infected with either

bovine tuberculosis or brucellosis.

4. The singular of any term imports the plural and the plural of any term includes the

singular.
N.D. Cent. Code § 36-14-00.1 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-00.1
36-14-00.1. Definitions
Status: in_force

36-14-00.1. Definitions

In this chapter, unless the context otherwise requires:

1. "Animals" means alpaca, bison, bovine animals, farmed elk, goats, horses, llamas,

sheep, swine, and nontraditional livestock.

2. "Board" means the state board of animal health.
N.D. Cent. Code § 36-21.1-04 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-04
36-21.1-04. Poisoning animals
Status: repealed

36-21.1-04. Poisoning animals

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-11-06 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-06
36-11-06. Certain animals not to be permitted to run at large at any time - Penalty
Status: in_force

36-11-06. Certain animals not to be permitted to run at large at any time - Penalty

The owner or person in charge of any stallion, jack, boar, ram, bull, or any animal known to

be vicious who negligently permits such animal to run at large is liable in a civil action to any

person who is damaged, either directly or indirectly, by such violation for all damages resulting

therefrom and is guilty of an infraction. The provisions of this section, however, do not prevent

the keeping of any stallion, jack, bull, or ram with any herd or flock which is attended by a herder

if such stallion, jack, bull, or ram is kept with such herd or flock by the herder.
N.D. Cent. Code § 36-21.1-03 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-03
36-21.1-03. Cruelty in transportation
Status: repealed

36-21.1-03. Cruelty in transportation

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-25-02 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-02
36-25-02. Rules - Database
Status: in_force

36-25-02. Rules - Database

The board may adopt rules relating to the raising of farmed elk, including matters

concerning the health, safety, confinement, and identification of farmed elk. Any rules relating to

nontraditional livestock and adopted by the board before August 1, 1999, are, if applicable to

farmed elk, deemed to apply to farmed elk until otherwise modified by the board. The board

shall maintain a database regarding farmed elk.
N.D. Cent. Code § 36-01-31 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-31
36-01-31. Venomous reptiles - Possession - Permit - Penalty
Status: in_force

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.
N.D. Cent. Code § 36-21.2-08 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-08
36-21.2-08. Abandoned animal - Law enforcement officer - Duties
Status: in_force

36-21.2-08. Abandoned animal - Law enforcement officer - Duties

1. A law enforcement officer may take custody of an animal if the officer has reasonable

cause to believe that the animal has been abandoned in violation of this chapter.

2. a. Upon taking custody of an animal in accordance with this section, the law

enforcement officer shall:

(1) Provide care for the animal, either directly or through a contractual

arrangement with another person; and

(2) (a) Notify the owner, if known to the officer; or

(b) If the owner is not known to the officer, provide notice of the animal's

custody, indicate that if the owner does not lay claim to the animal

within five days, the animal will be sold, placed for adoption, or

humanely destroyed, at the direction of the law enforcement officer,

and include the officer's contact information.

b. For purposes of this subdivision, notice may be provided by:

(1) Publication in the official newspaper of the county if the newspaper is

published daily or in a daily newspaper serving the county;

(2) Any electronic means; or

(3) Posting a description and a photograph at the local law enforcement center.

3. If the owner is identified within the five-day period, the law enforcement officer shall

return the animal to the owner only if:

a. The owner demonstrates that the animal was not abandoned in violation of this

chapter; and

b. The owner pays for all costs associated with the animal's care while in custody,

including any costs of notifications under this section.

4. If the law enforcement officer refuses to return the animal to its owner, the owner may

petition the court for an order directing its return. In ruling on a petition under this

subsection, a court may direct that the animal be sold, placed for adoption, humanely

destroyed, or returned to its owner with or without conditions.

5. If the owner does not lay claim to the animal within five days, the law enforcement

officer shall sell the animal, place it for adoption, or humanely destroy it.

6. Any proceeds from the sale or adoption of an animal under this section must be

deposited in the county general fund.

7. Notwithstanding the requirements of this section, if upon examining an animal taken

into custody by a law enforcement officer in accordance with this section a licensed

veterinarian determines that the animal's condition justifies its destruction, the

veterinarian shall humanely destroy the animal. The law enforcement agency shall

reimburse the veterinarian for the cost of the animal's destruction.

8. For purposes of this section, "care" means food, water, and shelter from the elements,

as appropriate for the species, the breed, and the animal's age and physical condition,

and necessary medical attention.
N.D. Cent. Code § 36-14-28 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-28
36-14-28. Owner of diseased animals - No indemnification - Circumstances
Status: in_force

36-14-28. Owner of diseased animals - No indemnification - Circumstances

The right of the owner of a diseased animal to be indemnified does not exist and the board

may not authorize payment if:

1. The animal belongs to the United States, to this state, or to any political subdivision of

this state.

2. The owner at the time of coming into possession of the animal knew or suspected it to

be diseased.

3. The animal was found to have been clinically diseased at the time of its arrival in this

state.

4. The owner is a nonresident and not engaged in the breeding of livestock in this state.

5. The animal at the time of its killing had been in this state for less than six months.

6. The owner of an animal willfully exposed the animal to the disease.

7. The owner violated any law or any rule of the board.
N.D. Cent. Code § 36-21.2-03 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-03
36-21.2-03. Animal cruelty - Definition - Exemptions - Penalty
Status: in_force

36-21.2-03. Animal cruelty - Definition - Exemptions - Penalty

1. Any person that intentionally engages in animal cruelty is guilty of a class C felony.

2. For purposes of this chapter, "animal cruelty" means:

a. Breaking an animal's bones;

b. Causing the prolonged impairment of an animal's health;

c. Mutilating an animal; or

d. Physically torturing an animal.

3. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the

livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing,

and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act,

7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition

of wild animals that have entered structures or personal property;

b. Any action taken by an individual against an animal that is attacking or is about to

attack a human, a companion animal, or livestock;

c. The humane or swift destruction of an animal for cause; and

d. Services provided by or under the direction of a licensed veterinarian.
N.D. Cent. Code § 36-26-03 — ND Code / Title 36 / Chapter 36-26 / Section 36-26-03
36-26-03. Prohibited actions
Status: in_force

36-26-03. Prohibited actions

1. A person may not import, transport, or possess live feral swine.

2. A person may not intentionally, knowingly, or negligently allow swine to live in a feral

state.

3. a. A person may not:

(1) Hunt or trap feral swine;

(2) Sponsor or promote the hunting or trapping of feral swine;

(3) Assist in the hunting or trapping of feral swine;

(4) Profit from the release of feral swine; or

(5) Profit from the hunting or trapping of feral swine.

b. Paragraphs 1 through 3 of subdivision a do not apply to a state or federal agency

or any person authorized by a state or federal agency to engage in the control or

eradication of feral swine.
N.D. Cent. Code § 36-01-36 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-36
36-01-36. Premises identification, animal identification, and animal tracking - Open records - Exception
Status: in_force

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
N.D. Cent. Code § 36-21.2-02 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-02
36-21.2-02. Animal abuse - Definition - Exemptions - Penalty
Status: in_force

36-21.2-02. Animal abuse - Definition - Exemptions - Penalty

1. Any person that willfully engages in animal abuse is guilty of a class A misdemeanor

for a first or a second offense and a class C felony for a third or subsequent offense

occurring within ten years.

2. For purposes of this chapter, "animal abuse" means any act or omission that results in

physical injury to an animal or that causes the death of an animal, but does not include

any act that falls within the definition of animal cruelty, as set forth in section

36-21.2-03.

3. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the

livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing,

and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act,

7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition

of wild animals that have entered structures or personal property;

b. Any action taken by an individual against an animal that is attacking or is about to

attack a human, a companion animal, or livestock;

c. The humane or swift destruction of an animal for cause; and

d. Services provided by or under the direction of a licensed veterinarian.
N.D. Cent. Code § 36-12-01 — ND Code / Title 36 / Chapter 36-12 / Section 36-12-01
36-12-01. Definitions
Status: in_force

36-12-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Drover" means any person having charge or control of any herd of neat cattle, horses,

or mules numbering five or more, or any flock of sheep numbering twenty-five or more,

as owner, agent, or employee, while the same are being driven from one place to

another not within the same range or neighborhood.

2. "Herder" means any person having charge or control of any herd or flock as provided

in subsection 1, while such herd or flock is subsisting on any public or other rangeland

to which the person has no right of possession, whether or not such person is

personally present with such herd.

3. "Stock grower" means any person who keeps neat cattle, horses, mules, sheep,

swine, or goats for their growth or increase within this state.
N.D. Cent. Code § 36-01-02 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-02
36-01-02. Meetings of board - Limitations on number - Special
Status: in_force

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.
N.D. Cent. Code § 36-15-11 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-11
36-15-11. Owner of diseased animals may not be indemnified - Cases
Status: repealed

36-15-11. Owner of diseased animals may not be indemnified - Cases

Repealed by S.L. 2001, ch. 316, § 10.
N.D. Cent. Code § 36-14-20 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-20
36-14-20. Duty of overseer of highways when carcass of dead animal is found - Fees - Recovery of expense
Status: in_force

36-14-20. Duty of overseer of highways when carcass of dead animal is found - Fees -

Recovery of expense.

If the owner or person in charge of a dead animal fails to comply with the provisions of

section 36-14-19, the overseer of highways shall comply with the provisions of section 36-14-19

for the owner or person. If burial of the animal is permitted, the burial may be made upon the

premises of the owner or person in charge of the animal at any place more than one thousand

feet [304.8 meters] from any dwelling house or barn. The board of county commissioners shall

allow in payment a sum for disposal services as it deems to be reasonable, and the sum must

be paid as other moneys are paid for services rendered to the county. The owner of the animal

is liable to the county for any amount paid out for disposal services. If the owner does not pay

that amount within thirty days after written demand for payment is made upon the owner by the

county auditor, the sum may be recovered in a civil action, and the judgment must include the

costs of the suit and a reasonable attorney's fee to be fixed by the court. No property except

absolute exemptions is exempt from sale for the payment of any such judgment. Any attorney's

fee allowed by the court must be paid to the county if the action is brought by the state's

attorney.
N.D. Cent. Code § 36-25-05 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-05
36-25-05. Confinement - Rules
Status: in_force

36-25-05. Confinement - Rules

Farmed elk must be confined in a manner designed to prevent escape. Unless otherwise

required by rule, fencing for farmed elk must be at least eighty-four inches [213.36 centimeters]

in height. If any farmed elk escape, their owner shall report the escape to the board within one

business day of the discovery and shall notify the board upon recapture. The owner is liable for

the expenses incurred by another person in capturing, caring for, and returning farmed elk that

have escaped, provided the other person notifies the owner as soon as practicable after

discovering the escape.
N.D. Cent. Code § 36-21.2-13 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-13
36-21.2-13. Immunity from liability
Status: in_force

36-21.2-13. Immunity from liability

A veterinarian is immune from civil or criminal liability if the veterinarian, on the

veterinarian's own initiative or at the request of a law enforcement officer or other governmental

entity, renders emergency treatment to a sick or injured animal under this chapter. Immunity

under this section does not apply in the case of negligence.
N.D. Cent. Code § 36-15-06 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-06
36-15-06. Fees of appraisers - How paid
Status: repealed

36-15-06. Fees of appraisers - How paid

Repealed by S.L. 2001, ch. 316, § 10.
N.D. Cent. Code § 36-15-07 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-07
36-15-07. Owner of condemned animal may protest diagnosis of board
Status: repealed

36-15-07. Owner of condemned animal may protest diagnosis of board

Repealed by S.L. 2001, ch. 316, § 10.
N.D. Cent. Code § 36-01-13 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-13
36-01-13. Diseased animal to be reported - Records exempt
Status: in_force

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.
N.D. Cent. Code § 36-01-25 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-25
36-01-25. Cooking or other treatment
Status: repealed

36-01-25. Cooking or other treatment

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-01-01 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-01
36-01-01. State board of animal health - Appointment - Terms - Qualifications
Status: in_force

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.
N.D. Cent. Code § 36-15-08.1 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-08.1
36-15-08.1. Animals with brucellosis or bovine tuberculosis - Compensation - Rules governing payments
Status: in_force

36-15-08.1. Animals with brucellosis or bovine tuberculosis - Compensation - Rules

governing payments.

If the board determines that an animal is so seriously infected with brucellosis or bovine

tuberculosis as to warrant disposal of the animal and of all other exposed animals, the board

may approve indemnity payments, as funds are appropriated, for the animals in accordance

with the limits set in section 36-14-27. The board may adopt rules governing indemnity

payments under this chapter.
N.D. Cent. Code § 36-21.2-14 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-14
36-21.2-14. Estrays
Status: in_force

36-21.2-14. Estrays

This chapter does not apply to estrays.
N.D. Cent. Code § 36-14-12 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-12
36-14-12. Requirements governing the issuance of certificates
Status: in_force

36-14-12. Requirements governing the issuance of certificates

The certificate certifying to a test made under this chapter must be made on official federal

or state blanks and must accompany the shipment to its destination. When an original certificate

is made, two copies of the certificate must be mailed immediately to the state veterinarian. The

failure of a veterinarian to mail two copies of each certificate relating to livestock to be shipped

into this state to the state veterinarian is sufficient cause to refuse acceptance of any more

certificates from that person. The owner or owners of the livestock must have a copy of the

certificate to show on the demand of any federal or state official.
N.D. Cent. Code § 36-14-27 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-27
36-14-27. Return of appraisal - Payment of claims for diseased animals
Status: in_force

36-14-27. Return of appraisal - Payment of claims for diseased animals

The return of an appraisal under this chapter must be in writing and signed by the board or

by the board's agent who made the appraisal, or by the members of the board of appraisers if a

reappraisal is made after a protest, and by the owner of the condemned animal. The return must

be certified by the agriculture commissioner to the office of management and budget. The office

of management and budget shall issue a check jointly to the owner and any lienholders of the

animal. The amount of indemnity paid by this state to the owner of a diseased animal may not

exceed five thousand dollars per animal less any amount obtained by the owner through

insurance, federal indemnity payments, or salvage payments. This state is not liable for

indemnity under this chapter in excess of the amount approved by the emergency commission

for the payment of the indemnity.
N.D. Cent. Code § 36-14-11 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-11
36-14-11. Certificates of veterinary inspection issued by whom - Tests made by whom - Rules governing
Status: in_force

36-14-11. Certificates of veterinary inspection issued by whom - Tests made by whom

- Rules governing.

All certificates of veterinary inspection required under the provisions of this chapter must be

issued, and all tests must be made, by a federal or state veterinarian or a deputy state

veterinarian, or by a graduate veterinarian whose inspections and tests are endorsed by the

officer in charge of the state board of animal health work in the state where the inspection or

test is made, and subject to the rules of the state board of animal health. All such tests must

conform to the standard tests of the United States department of agriculture. All serums used

must be manufactured or approved by the United States department of agriculture.
N.D. Cent. Code § 36-01-08.3 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-08.3
36-01-08.3. Duties - Evaluations - Report
Status: in_force

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.
N.D. Cent. Code § 36-15-05 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-05
36-15-05. Maximum valuations of diseased animals
Status: repealed

36-15-05. Maximum valuations of diseased animals

Repealed by S.L. 1961, ch. 246, § 6.
N.D. Cent. Code § 36-01-08 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-08
36-01-08. Duties - Rules
Status: in_force

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.
N.D. Cent. Code § 36-26-02 — ND Code / Title 36 / Chapter 36-26 / Section 36-26-02
36-26-02. Board - Authority
Status: in_force

36-26-02. Board - Authority

The board is responsible for the control and eradication of feral swine on state lands and on

private lands in this state.
N.D. Cent. Code § 36-15-08 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-08
36-15-08. Owner entitled to compensation for animal infected with tuberculosis or with paratuberculosis - Board of animal health may make rules governing payments
Status: repealed

36-15-08. Owner entitled to compensation for animal infected with tuberculosis or

with paratuberculosis - Board of animal health may make rules governing payments.

Repealed by S.L. 1999, ch. 317, § 28.
N.D. Cent. Code § 36-21.2-10 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-10
36-21.2-10. Veterinarian
Status: in_force

36-21.2-10. Veterinarian

If upon examining an animal a licensed veterinarian determines that there is reasonable

cause to believe an animal has been neglected, abused, treated cruelly, or subjected to any act

or omission in violation of this chapter, the veterinarian may retain custody of the animal and

shall immediately notify law enforcement officials regarding the determination.
N.D. Cent. Code § 36-08-08 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-08
36-08-08. Powers of directors
Status: in_force

36-08-08. Powers of directors

Directors of a grazing association are subject to the general law governing directors of

cooperatives, and may also:

1. Make such regulations for the management and control of the affairs of the association

and of the manner of utilization of grazing within its district not inconsistent with the

terms, conditions, and limitations of leases covering lands contained therein.

2. Apportion grazing rights within the district to members and in doing so it shall consider

the following factors:

a. The amount of winter feed that the member can raise on land owned or leased by

the member situated in the district or on land situated within two miles [3.22

kilometers] of the outside boundary of the district.

b. The dependence of the member on the grazing in the district.

c. The amount of stock previously grazed by the member in the area where the

district is located.

d. The amount of grass that will be available for the stock of all the members of the

association.

3. Create subdivisions in the district and specify the kind and number of stock that may

be permitted to graze in such subdivision.

4. Determine the length of time during which the stock of any member may graze in the

district or in any subdivision thereof.

5. Determine grazing fees to be imposed on members or nonmembers on a per head

basis for grazing rights.

6. Grant to nonmembers grazing permits within such district when the amount of forage

therein is greater than the needs of the members, but no such permits may be granted

when such use is inconsistent with the terms of leases of county, state, or federal

lands within the district or with a safe policy of forage conservation therein.

7. Enter into leases on behalf of the association with any county or counties in which the

district is located or with the state or federal government, or any departments or

agencies thereof, or with other persons, for tracts of land within or contiguous to such

district.

8. Specify the breeds, quality, and number of male breeding animals which each member

shall furnish when stock is grazed in a common pasture within the grazing district or in

any subdivision thereof.

9. Make rules and regulations governing the treatment, care, or removal of diseased

animals and to prevent the spreading of any disease among the stock ranging in the

district or in any subdivision thereof.

10. Suspend or expel any member for failure or refusal to pay the member's membership

or grazing fees or to abide by or conform to the rules and regulations of the

association or of its board of directors.

11. Make rules and regulations governing the automatic suspension of the right of a

member when the member ceases to be eligible to membership in the association, the

manner of assignment and transfer of the interests of members, and the condition

upon which, and the time when, membership of any member ceases.

12. Set up such reserve for contingencies as in its judgment is advisable, after paying all

costs, lease rentals, and other expenses.

13. Enter into agreements, conform to regulations, or act in conjunction with the state or

federal government or any department or agency thereof to bring about the

conservation, restoration, improvement, development, and utilization of the forage

resources in the district.
N.D. Cent. Code § 36-01-08.1 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-08.1
36-01-08.1. Nontraditional livestock license - Fee
Status: in_force

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.
N.D. Cent. Code § 36-15-22 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-22
36-15-22. Enforcement orders - Administrative hearing - Penalty
Status: in_force

36-15-22. Enforcement orders - Administrative hearing - Penalty

1. The board may order animals brought into the state which are not in compliance with

the provisions of this chapter to be returned to their state of origin, or in the alternative,

the board may order the animals to be slaughtered or destroyed.

2. If, after a hearing, the board finds that a person has brought, kept, or received animals

in this state and the animals are 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.
N.D. Cent. Code § 36-01-23 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-23
36-01-23. Application for permit
Status: repealed

36-01-23. Application for permit

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-01-18 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-18
36-01-18. Inspection of livestock in transit - Penalty
Status: in_force

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.
N.D. Cent. Code § 36-08-04 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-04
36-08-04. Membership
Status: in_force

36-08-04. Membership

Any person may become a member of a corporate or cooperative grazing association if the

person:

1. Is an owner or lessee of land within the proposed boundaries or resides on the border

of the grazing area within or without the county;

2. Is engaged in the raising of livestock within the grazing area;

3. Pays the membership fee;

4. Subscribes to the bylaws; and

5. Complies with the rules, regulations, and limitations determined by the board of

directors of the association.

Any entrance, organization, or membership fee established by a grazing association may

not exceed the sum of five dollars, and the amount which a member may be required to pay

annually to assist in carrying on the business of the association may not exceed the sum of five

dollars.

When any member disposes of land owned or leased by that member and upon which that

member's membership in the association and the grazing rights in the district are based, that

member ceases to be a member of such association. If any member disposes of all or part of

the land owned or leased by that member so that another individual or other individuals, by the

purchase and ownership or transfer of the lease to such land, acquires a right to membership

and to grazing rights, the rights and interests involved and the grazing rights of all the parties

must be determined by the board of directors.

No member is liable for the debts of the association in an amount exceeding the sum

remaining unpaid on that member's membership fee, except for debts lawfully contracted

between that member and the association.
N.D. Cent. Code § 36-11-02 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-02
36-11-02. Owner defined
Status: in_force

36-11-02. Owner defined

In any action brought under the provisions of this chapter, any person occupying or

cultivating lands is considered the owner thereof.
N.D. Cent. Code § 36-14-17 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-17
36-14-17. Refusing to allow examination of sheep is misdemeanor
Status: repealed

36-14-17. Refusing to allow examination of sheep is misdemeanor

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 36-21.2-05 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-05
36-21.2-05. Seizure of animal - Court order
Status: in_force

36-21.2-05. Seizure of animal - Court order

1. A law enforcement officer, upon a recommendation from a licensed veterinarian

approved by the board of animal health, may petition the court for an order directing

the seizure of any animal believed to have been neglected, abused, treated cruelly, or

subjected to any act or omission in violation of this chapter. If the animal to be seized

is a bovine animal, horse, or mule, the law enforcement officer shall provide a copy of

the petition to the chief brand inspector. The chief brand inspector shall conduct an

ownership inspection of the animal as provided under section 36-21.2-06.

2. The court, upon a recommendation from a licensed veterinarian approved by the

board of animal health, may act without notice to the animal's owner or to the person

having custody or control of the animal and may rely solely on testimony or an affidavit

in considering the petition.

3. In the order for seizure, the court may direct that a veterinarian humanely destroy an

animal if the veterinarian, upon examining the animal, determines that the animal is

experiencing excruciating pain or suffering and that the animal's pain or suffering is not

likely to be alleviated using reasonable medical interventions.
N.D. Cent. Code § 36-21.1-03.1 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-03.1
36-21.1-03.1. Unattended dog or cat in motor vehicle
Status: repealed

36-21.1-03.1. Unattended dog or cat in motor vehicle

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-14-22 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-22
36-14-22. Civil action for damages
Status: in_force

36-14-22. Civil action for damages

Every person violating any of the provisions of this chapter is liable in a civil action to any

person injured by such violation for all damages directly or indirectly suffered thereby.
N.D. Cent. Code § 36-11-01 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-01
36-11-01. Livestock running at large prohibited - Penalty
Status: in_force

36-11-01. Livestock running at large prohibited - Penalty

No livestock may be permitted to run at large. Any owner or possessor of livestock who

willfully permits the livestock to run at large through failure to maintain a lawful fence as

provided in section 47-26-01, except in grazing area as provided in section 36-11-07, is guilty of

a class B misdemeanor.
N.D. Cent. Code § 36-25-03 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-03
36-25-03. Advisory committee
Status: in_force

36-25-03. Advisory committee

The commissioner may appoint a farmed elk advisory committee to provide advice to the

commissioner regarding farmed elk.
N.D. Cent. Code § 36-14-24 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-24
36-14-24. Protest of board's appraisal - Board of appraisers appointed - Appraisal to be final
Status: in_force

36-14-24. Protest of board's appraisal - Board of appraisers appointed - Appraisal to

be final.

Except as provided in section 36-14-23, if any individual who owns or who represents the

owner of any animal ordered killed under this chapter is not satisfied with the appraisal by the

board or its agents, the individual may protest the order within seven days, and a board of three

appraisers must then be formed. One member of the board of appraisers must be the agent of

the board, one member must be selected by the owner of the animal involved, and the third

member must be selected by the first two members. An appraisal of the animal must be made

by the board of appraisers according to section 36-14-27, and if two or more of the appraisers

agree upon a certain valuation, the appraisal is final.
N.D. Cent. Code § 36-25-08 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-08
36-25-08. Identification
Status: in_force

36-25-08. Identification

The owner of farmed elk shall identify each animal by a means of identification approved by

the board.
N.D. Cent. Code § 36-21-01 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-01
36-21-01. Fraudulent registration or representation of purebred livestock - Penalty
Status: in_force

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
N.D. Cent. Code § 36-14-10 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-10
36-14-10. Shipments of animals for immediate slaughter
Status: in_force

36-14-10. Shipments of animals for immediate slaughter

Shipments into this state of animals for immediate slaughter may be permitted without a

certificate of veterinary inspection only if the animals are not diverted en route and are delivered

directly to a slaughtering establishment approved by the agriculture commissioner.
N.D. Cent. Code § 36-21.2-11 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-11
36-21.2-11. Caged animals - Public display - Exemptions - Penalty
Status: in_force

36-21.2-11. Caged animals - Public display - Exemptions - Penalty

1. In addition to any other requirements set forth in this chapter, a person placing a caged

animal on public display shall ensure that:

a. The size of the cage allows the animal to stand up, lie down, and turn or move

about; and

b. The cage provides the animal with protection from the elements, as appropriate

for the species, the breed, and the animal's age and physical condition.

2. Any person that willfully fails to meet the requirements of this section is guilty of a

class A misdemeanor.

3. This section does not apply to:

a. The North Dakota state fair association;

b. Agricultural fair associations; or

c. Political subdivisions.

4. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the

livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing,

and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act,

7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition

of wild animals that have entered structures or personal property;

b. Any action taken by an individual against an animal that is attacking or is about to

attack a human, a companion animal, or livestock;

c. The humane or swift destruction of an animal for cause; and

d. Services provided by or under the direction of a licensed veterinarian.
N.D. Cent. Code § 36-12-03 — ND Code / Title 36 / Chapter 36-12 / Section 36-12-03
36-12-03. Animals of drover to be branded - Requirements governing
Status: in_force

36-12-03. Animals of drover to be branded - Requirements governing

Every drover shall have all animals in the drover's charge or control branded or marked with

one uniform brand or mark. Each horse, mule, and head of cattle in the drover's charge or

custody must be branded in a conspicuous place with one distinct ranch or road brand of the

owner. All sheep in a drover's charge or custody must be marked distinctly with a mark or device

sufficient to distinguish the same readily from other sheep.
N.D. Cent. Code § 36-21.1-13 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-13
36-21.1-13. Abandoned animals - Assumption of custody
Status: repealed

36-21.1-13. Abandoned animals - Assumption of custody

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-08-06 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-06
36-08-06. Articles of association
Status: in_force

36-08-06. Articles of association

Articles of association for grazing associations are subject to the general law governing

cooperatives, and must also set forth whether the property and grazing rights and interests of

each member of the association are equal or unequal, and if unequal, the general rule or rules

applicable to all members by which:

1. The property and grazing rights and interest of each member must be determined and

fixed.

2. New members may be admitted by the association.

3. Such new members are entitled to share in the property of the association with the old

members.
N.D. Cent. Code § 36-25-04 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-04
36-25-04. Development program
Status: in_force

36-25-04. Development program

The commissioner may establish a farmed elk development program to support applied

research and provide demonstrations, financing, marketing, promotion, breed development and

registration, and other services related to the raising of farmed elk. The commissioner shall

include information regarding farmed elk in reports on agriculture in this state.
N.D. Cent. Code § 36-15-10 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-10
36-15-10. Salvage to be deducted from amount paid to owner of condemned animal
Status: in_force

36-15-10. Salvage to be deducted from amount paid to owner of condemned animal

Any money realized from the sale of the whole or any part of a diseased animal killed under

the provisions of this chapter may be paid to the owner of the condemned animal and the

amount thereof deducted from the appraised value of such animal.
N.D. Cent. Code § 36-25-01 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-01
36-25-01. Definitions
Status: in_force

36-25-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the state board of animal health.

2. "Commissioner" means the agriculture commissioner.

3. "Farmed elk" means mammals of the North American elk genus and species (cervus

canadensis) confined in a manmade enclosure designed to prevent escape and:

a. Raised for fiber, meat, or animal byproducts;

b. Raised for breeding, exhibition, or harvest; or

c. Maintained for any other purpose.

4. "Owner" means a person who owns or is responsible for the raising of farmed elk.
N.D. Cent. Code § 36-21.2-15 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-15
36-21.2-15. Multiple animals - Enhancement of offense
Status: in_force

36-21.2-15. Multiple animals - Enhancement of offense

If a violation of this chapter involves multiple animals, whether of the same species or not,

the violation is deemed to be a singular offense for purposes of enhancement.
N.D. Cent. Code § 36-21.1-12 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-12
36-21.1-12. Duties of board and commissioner
Status: repealed

36-21.1-12. Duties of board and commissioner

Repealed by S.L. 2013, ch. 260, § 4.
N.D. Cent. Code § 36-21.2-12 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-12
36-21.2-12. Unattended animal in motor vehicle - Penalty
Status: in_force

36-21.2-12. Unattended animal in motor vehicle - Penalty

1. An individual may not leave an animal unattended in a motor vehicle without ensuring

that the animal's health and safety is not endangered.

2. An individual who violates this section is guilty of an infraction.

3. A law enforcement officer may use reasonable means to enter a motor vehicle and

remove an animal left in violation of this section.
N.D. Cent. Code § 36-01-21 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-21
36-01-21. Definitions
Status: repealed

36-01-21. Definitions

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-12-06 — ND Code / Title 36 / Chapter 36-12 / Section 36-12-06
36-12-06. Penalty
Status: in_force

36-12-06. Penalty

Any person who violates any provision of this chapter is guilty of an infraction.
N.D. Cent. Code § 36-14.1-05 — ND Code / Title 36 / Chapter 36-14.1 / Section 36-14.1-05
36-14.1-05. Cooperation with the United States
Status: in_force

36-14.1-05. Cooperation with the United States

The board may cooperate with the United States, or any department, agency, or officer

thereof, in the control and eradication of hog cholera, including the sharing in the payment of

indemnities for swine destroyed, but the state may only share in such payment of indemnities in

the amounts or rates set by the board.
N.D. Cent. Code § 36-01-00.1 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-00.1
36-01-00.1. Definitions
Status: in_force

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.
N.D. Cent. Code § 36-08-10 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-10
36-08-10. Application of act to existing cooperatives
Status: repealed

36-08-10. Application of act to existing cooperatives

Repealed by omission from this code.
N.D. Cent. Code § 36-21-04 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-04
36-21-04. Unlawful killing or selling of livestock - Penalty
Status: repealed

36-21-04. Unlawful killing or selling of livestock - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 36-15-23 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-23
36-15-23. Disease testing of livestock - Reimbursement for loss
Status: in_force

36-15-23. Disease testing of livestock - Reimbursement for loss

1. A livestock owner may file a claim with the state board of animal health seeking partial

reimbursement for the value of any livestock that died as a direct result of official

disease testing required by the state veterinarian and conducted on the owner's herd

or flock by the state veterinarian or the state veterinarian's designee on or after July 1,

2011.

2. The board shall evaluate each claim in the order of filing. If the board determines that

a claim is meritorious, the board shall provide reimbursement to the owner in an

amount not exceeding five hundred dollars per animal. A decision by the board

regarding the animal's cause of death or the amount of reimbursement is final.

3. After expending all biennial appropriations for the provision of reimbursements under

this section, the board may not accept any additional claims.
N.D. Cent. Code § 36-15-03 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-03
36-15-03. Animal condemned as diseased to be appraised by board - Notice to owner
Status: repealed

36-15-03. Animal condemned as diseased to be appraised by board - Notice to owner

Repealed by S.L. 2001, ch. 316, § 10.
N.D. Cent. Code § 36-21-16 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-16
36-21-16. Licensing - Duration - Renewals - Refusal - Revocation or suspension
Status: repealed

36-21-16. Licensing - Duration - Renewals - Refusal - Revocation or suspension

Repealed by S.L. 1991, ch. 375, § 1.
N.D. Cent. Code § 36-01-29 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-29
36-01-29. Monitored livestock feedlots - Rules - License
Status: in_force

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.
N.D. Cent. Code § 36-01-17 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-17
36-01-17. Oaths and examinations
Status: in_force

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.
N.D. Cent. Code § 36-11-10 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-10
36-11-10. Trespassing livestock may be distrained - Notice to owner - Security for release
Status: in_force

36-11-10. Trespassing livestock may be distrained - Notice to owner - Security for

release.

1. The person suffering damages by reason of the trespass of any livestock may take up

the offending livestock. The person suffering damages shall notify the owner, or the

person in possession of the livestock at the time of the trespass, of the seizure of the

livestock without unnecessary delay, if the owner or person in possession is known to

the person suffering damages and is a resident of, and present within, the county in

which the trespass occurred. The person suffering damages may retain the livestock in

that person's custody until:

a. The damages sustained by reason of the trespass and the costs in the action to

recover the damages have been paid; or

b. Good and sufficient security for the payment of the damages and costs is given,

provided the security is approved by a district judge serving the county in which

the livestock is taken up.

2. If the owner of the offending livestock elects to give security, the owner shall give to

the person holding the livestock notice that security will be given and the date and

hour when the security will be submitted to the district judge for approval. The notice

must be given at least one day before the date set for the submission of the security to

the judge. The cost of serving notices required under this section may be taxed as

costs in the action.

3. Where applicable, the provisions of section 36-11-07 may be raised as an affirmative

defense in any proceedings under this section, and the owner or person entitled to

possession of the livestock may apply to a court of competent jurisdiction for the return

of the livestock. If the court finds that the livestock has been wrongfully distrained, the

person who causes the livestock to be wrongfully distrained is liable for all damages

suffered by the owner or person entitled to possession of the livestock, together with

the costs of the action and reasonable attorney's fees.
N.D. Cent. Code § 36-11-16 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-16
36-11-16. Judgment for plaintiff is lien on livestock
Status: in_force

36-11-16. Judgment for plaintiff is lien on livestock

Any judgment rendered for damages against the defendant in an action brought under this

chapter is a lien upon the livestock committing the trespass if the livestock were distrained by

the plaintiff, and the livestock may be sold as in other cases of sale of personal property on

execution, and the proceeds of the sale applied to the satisfaction of the judgment, and the

livestock are not exempt from seizure and sale upon execution.
N.D. Cent. Code § 36-21-07 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-07
36-21-07. Keeping houses or pits for fighting animals - Encouraging or promoting fights between animals - Misdemeanor
Status: repealed

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.
N.D. Cent. Code § 36-14-14 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-14
36-14-14. Certificate of health required on sale of purebred cattle and nonregistered bulls for breeding purposes
Status: repealed

36-14-14. Certificate of health required on sale of purebred cattle and nonregistered

bulls for breeding purposes.

Repealed by S.L. 1965, ch. 254, § 1.
N.D. Cent. Code § 36-08-09 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-09
36-08-09. Grazing district map
Status: in_force

36-08-09. Grazing district map

Any cooperative grazing association organized under the provisions of this chapter, upon

completion of its organization and incorporation, shall file with the recorder of the county and

with the dean of the school of agriculture of the North Dakota state university of agriculture and

applied science, a map or plat of the grazing district proposed to be created and the

subdivisions therein. Whenever any incorporated grazing association shall enlarge or reduce

the area included within its district, or change or modify its boundaries or subdivisions, it shall

file with the recorder and the dean of the school of agriculture of the state university of

agriculture and applied science a map or plat indicating such changed boundaries.
N.D. Cent. Code § 36-01-22 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-22
36-01-22. Feeding garbage to swine
Status: in_force

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.
N.D. Cent. Code § 36-08-05 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-05
36-08-05. Election of directors
Status: in_force

36-08-05. Election of directors

The association may establish through its bylaws various subdistricts within the grazing

district. When subdistricts are so established, one director of the association must be elected

from each subdistrict by the majority vote of the members therein who are eligible to vote. If

subdistricts are not established by the association, one director must be elected from each

congressional township in the district by the majority vote of the members in such township who

are eligible to vote. However, at the discretion of the membership of the association, all directors

may be elected at large.
N.D. Cent. Code § 36-11-17 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-17
36-11-17. Collection of judgment against unknown defendant - Disposition of surplus
Status: in_force

36-11-17. Collection of judgment against unknown defendant - Disposition of surplus

After a judgment has been rendered against an unknown defendant as provided in section

36-11-14, the livestock, or so many of them as may be necessary, must be sold in the same

manner as personal property is sold upon execution. Any surplus remaining from the sale after

the judgment and the costs in the action have been paid must be paid to the county treasurer for

the benefit of the owner, and if the owner does not appear and claim the surplus within six

months, it must be paid into the common schools trust fund for the use of the public schools.
N.D. Cent. Code § 36-11-15 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-15
36-11-15. Proof on trial of action for trespass of livestock
Status: in_force

36-11-15. Proof on trial of action for trespass of livestock

Upon the trial of an action brought under this chapter, the plaintiff shall prove:

1. The amount of damage sustained by the plaintiff by reason of the trespass; and

2. If the plaintiff has distrained the livestock committing the trespass, the amount of

expense incurred in distraining and keeping the livestock.
N.D. Cent. Code § 36-14-18 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-18
36-14-18. Willfully spreading infection of sheep is a felony - Penalty
Status: repealed

36-14-18. Willfully spreading infection of sheep is a felony - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 36-21-02 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-02
36-21-02. Abuse of animals prohibited - Penalty
Status: repealed

36-21-02. Abuse of animals prohibited - Penalty

Repealed by S.L. 1971, ch. 341, § 12.
N.D. Cent. Code § 36-21.1-07 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-07
36-21.1-07. Cockfights, dogfights, and other exhibitions prohibited - Penalties
Status: in_force

36-21.1-07. Cockfights, dogfights, and other exhibitions prohibited - Penalties

1. No person may engage in or be employed at cockfighting, dogfighting, bearbaiting,

pitting one animal against another, or any other similar cruelty, such as bear fighting,

kangaroo boxing, or similar activity, to animals; nor may a person receive money for

the admission of any person to any place used, or about to be used, for any such

purpose, nor may a person willfully permit anyone to enter or use, for any such

purpose, premises of which that person is the owner, agent, or occupant; nor may a

person use, train, or possess a dog or other animal for the purpose of maltreating any

domestic animal. Any person who violates this subsection is guilty of a class C felony.

2. No person may knowingly purchase a ticket of admission to, be present at, or witness

the activities prohibited by subsection 1. Any person who violates this subsection is

guilty of a class A misdemeanor.
N.D. Cent. Code § 36-11-14 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-14
36-11-14. Procedure when keeper or owner of trespassing livestock is unknown
Status: in_force

36-11-14. Procedure when keeper or owner of trespassing livestock is unknown

If the person suffering damage because of the trespass of livestock which has been taken

up under this chapter does not know the name of the owner or keeper of the livestock, the

person may bring an action against an unknown defendant. In such case, service must be made

by publication of a copy of the summons, with a notice attached, stating the nature of the action,

in at least one issue of a legal newspaper if one is published within the county, and if not, by

posting copies of the summons and notice in three public places within the county. The

publication or posting must be made at least ten days before the date of the trial. If it appears on

the trial of any action brought to recover damages arising from the trespass of livestock that the

person named in the action and upon whom the summons was served is not the owner or

person in charge of the offending livestock, the action must be dismissed as to that person, and

service must be made, and the action must proceed, as in a case in which the name of the

owner or keeper of the offending livestock is unknown.
N.D. Cent. Code § 36-11-19 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-19
36-11-19. Taking livestock distrained - Penalty
Status: in_force

36-11-19. Taking livestock distrained - Penalty

Every person who, except by due course of law, takes, advises, or assists in the taking of

any livestock distrained and held by virtue of this chapter, from the possession of the person

having the livestock, without the consent of the person holding the livestock, is guilty of a

class B misdemeanor.
N.D. Cent. Code § 36-25-06 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-06
36-25-06. Agricultural pursuit
Status: in_force

36-25-06. Agricultural pursuit

Farmed elk are livestock, and the products of farmed elk are farm products for purposes of

financial transactions and collateral. The raising of farmed elk is agricultural production and an

agricultural pursuit.
N.D. Cent. Code § 36-15-09 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-09
36-15-09. Return of appraisement - Payment of claims for diseased animals
Status: repealed

36-15-09. Return of appraisement - Payment of claims for diseased animals

Repealed by S.L. 2001, ch. 316, § 10.
N.D. Cent. Code § 36-15-04 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-04
36-15-04. Protest of board's appraisal - Board of appraisers appointed - Appraisal to be final
Status: repealed

36-15-04. Protest of board's appraisal - Board of appraisers appointed - Appraisal to

be final.

Repealed by S.L. 2001, ch. 316, § 10.
N.D. Cent. Code § 36-21.1-09 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-09
36-21.1-09. Use of certain birds as advertising devices - Use of live beef or dairy cattle as raffle prizes - Gifts of animals
Status: in_force

36-21.1-09. Use of certain birds as advertising devices - Use of live beef or dairy cattle

as raffle prizes - Gifts of animals.

1. No person may sell, offer for sale, raffle, offer, or give as a prize, premium, or use as

an advertising device, chicks, ducklings, or goslings younger than four weeks of age in

quantities of less than twelve birds to an individual person. Persons engaging in the

business of selling chicks, ducklings, or goslings for agricultural or wildlife purposes

are exempt from the provisions of this section, but only when selling for such

purposes.

2. An eligible organization authorized to conduct games of chance under chapter 53-06.1

may raffle live beef or dairy cattle, bison, sheep, horses, and pigs, provided each raffle

ticket contains a statement that the person who wins the animal may convert that prize

to a cash prize. The animal to be raffled may be donated to or purchased by the

organization. The donor or seller of the animal shall determine the market value of the

animal. If the person who wins the animal desires a cash prize instead of the animal,

the organization shall pay the player a cash prize that must equal the lesser of the

market value of the animal or the maximum single cash prize amount allowed under

section 53-06.1-10.1.

3. A person may not give away any live animal, other than those authorized under

subsections 1 and 2, as:

a. A prize for, or as an inducement to enter any contest, game, or other competition;

b. An inducement to enter a place of amusement; or

c. An incentive to enter into any business agreement where the offer was for the

purpose of attracting trade.

4. The provisions of subsection 3 do not apply to a person or organization that gives

away an animal:

a. As a project for the promotion of the equine and livestock industry of North

Dakota;

b. As a project for the promotion of conservation of animals and wildlife in North

Dakota; or

c. Which is intended for slaughter.
N.D. Cent. Code § 36-14-03 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-03
36-14-03. Animals infected with contagious or infectious disease to be confined and isolated from other animals
Status: in_force

36-14-03. Animals infected with contagious or infectious disease to be confined and

isolated from other animals.

The owner, agent, or person having in charge any animal infected or suspected of being

infected with any contagious disease shall confine the animal immediately in a safe place

isolated from all other animals with all necessary restrictions to prevent the dissemination of the

disease until the arrival of the state veterinarian.
N.D. Cent. Code § 36-21.2-07 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-07
36-21.2-07. Costs of seizure and care - Responsibility of owner - Lien
Status: in_force

36-21.2-07. Costs of seizure and care - Responsibility of owner - Lien

1. If convicted of violating this chapter, the owner of an animal seized under section

36-21.2-05 is responsible for all costs related to the animal's seizure, including

required notifications, attorney's fees, court costs, and any costs incurred in providing

the animal with care or in providing for its destruction in accordance with section

36-21.2-06.

2. a. The law enforcement agency that seized the animal has a lien upon the animal

for all costs incurred as a result of the seizure and conviction. The lien is superior

to any other claim or lien.

b. If the lien is not satisfied by the animal's owner, the law enforcement agency may

apply to the court for an order enforcing the lien.

3. If a seized animal is sold, the proceeds must be used first to satisfy the lienholder to

the extent of the lien and second to satisfy any other claims involving the animal. Any

remaining proceeds must be returned to the owner, as directed by the court. If the

owner is unknown, any proceeds otherwise payable to the owner must be deposited in

the general fund of the county.
N.D. Cent. Code § 36-14-06 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-06
36-14-06. Certificate of veterinary inspection required of sheep imported into state - Contents
Status: repealed

36-14-06. Certificate of veterinary inspection required of sheep imported into state -

Contents.

Repealed by S.L. 1999, ch. 317, § 28.
N.D. Cent. Code § 36-01-14 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-14
36-01-14. Protest against killing of diseased animal - Examination of animal by experts - Appointment of experts
Status: in_force

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.
N.D. Cent. Code § 36-01-24 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-24
36-01-24. Revocation of permits
Status: repealed

36-01-24. Revocation of permits

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-15-13 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-13
36-15-13. Testing of cattle in township for bovine tuberculosis and for brucellosis - Petition
Status: repealed

36-15-13. Testing of cattle in township for bovine tuberculosis and for brucellosis -

Petition.

Repealed by S.L. 1989, ch. 425, § 32.
N.D. Cent. Code § 36-21-11 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-11
36-21-11. Liability for damages to livestock by dogs
Status: in_force

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.
N.D. Cent. Code § 36-11-08 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-08
36-11-08. Trespass and injury to property - Liability of owner of trespassing goats, sheep, and swine
Status: repealed

36-11-08. Trespass and injury to property - Liability of owner of trespassing goats,

sheep, and swine.

Repealed by S.L. 1977, ch. 310, § 3.
N.D. Cent. Code § 36-21.1-15 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-15
36-21.1-15. Applicability of chapter
Status: in_force

36-21.1-15. Applicability of chapter

This chapter does not apply to estrays covered under chapter 4.1-75.
N.D. Cent. Code § 36-08-03 — ND Code / Title 36 / Chapter 36-08 / Section 36-08-03
36-08-03. Grazing association name
Status: in_force

36-08-03. Grazing association name

The name of any cooperative grazing association organized and operating under this

chapter or authorized to do business hereunder must include the words "grazing association",

and no other association may use such words in its name.
N.D. Cent. Code § 36-11-05.1 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-05.1
36-11-05.1. Stock district termination
Status: repealed

36-11-05.1. Stock district termination

Repealed by omission from this code.
N.D. Cent. Code § 36-15-14 — ND Code / Title 36 / Chapter 36-15 / Section 36-15-14
36-15-14. Animals not to be permitted to enter state or area circumscribed by board for testing purposes
Status: in_force

36-15-14. Animals not to be permitted to enter state or area circumscribed by board

for testing purposes.

The state veterinarian shall enforce the tuberculin testing or the brucellosis testing of all

animals entering the state as prescribed by rule or in a circumscribed area as established by the

board in accordance with the provisions of this chapter providing for the eradication of bovine

tuberculosis or brucellosis, as the case may be, and the rules of the board relating to

eradication. Whenever a circumscribed area is established by the board as an area in which all

animals are to be tuberculin tested or brucellosis tested, as the case may be, and the test is

undertaken under the direction of the board, no other animals may be permitted to enter the

area except under a special permit and restrictions provided by the board unless:

1. If the animals in the area are to be tuberculin tested, the animals entering the area

have been tuberculin tested under the direction of an agent of the board or are

accompanied by a proper tuberculin test certificate.

2. If the animals in the area are to be brucellosis tested, the animals entering the area

have been brucellosis tested under the direction of an agent of the board or are

accompanied by a proper brucellosis test certificate.
N.D. Cent. Code § 36-14-26 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-26
36-14-26. Approval of indemnity payments - Rules
Status: in_force

36-14-26. Approval of indemnity payments - Rules

If the board determines that an animal is so seriously diseased as to warrant disposal of the

animal and of all other exposed animals, the board may approve indemnity payments, as funds

are appropriated, on the animals in accordance with the limits set in section 36-14-27. The

board may adopt rules governing indemnity payments under this chapter.
N.D. Cent. Code § 36-11-04 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-04
36-11-04. Duty of board of county commissioners when petition is filed - Territory within cities, villages, and irrigation districts excluded
Status: repealed

36-11-04. Duty of board of county commissioners when petition is filed - Territory

within cities, villages, and irrigation districts excluded.

Repealed by S.L. 1953, ch. 219, § 1.
N.D. Cent. Code § 36-21-06 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-06
36-21-06. Maiming or torturing animals - Misdemeanor
Status: repealed

36-21-06. Maiming or torturing animals - Misdemeanor

Repealed by S.L. 1971, ch. 341, § 12.
N.D. Cent. Code § 36-12-04 — ND Code / Title 36 / Chapter 36-12 / Section 36-12-04
36-12-04. Finding of animal of another in herd or flock as presumptive evidence
Status: in_force

36-12-04. Finding of animal of another in herd or flock as presumptive evidence

Whenever it is shown that any animal of a kind mentioned in this chapter:

1. Has been found in a herd or flock of the same kind of animals;

2. Is not a part of such herd or flock; and

3. Is in such herd or flock without the consent of the owner of such animal,

such facts are presumptive evidence of a violation of the provisions of section 36-12-02 by each

drover, herder, or assistant drover or herder having charge or control of such herd or flock at the

time of the finding of such animal. Evidence of such facts is admissible in any action brought

under the provisions of this chapter.
N.D. Cent. Code § 36-01-19 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-19
36-01-19. Emergency fund in case of epizootic
Status: in_force

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.
N.D. Cent. Code § 36-14-01 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-01
36-14-01. Sale or gift of animal infected with contagious or infectious disease prohibited - Exception - Notice
Status: in_force

36-14-01. Sale or gift of animal infected with contagious or infectious disease

prohibited - Exception - Notice.

No person may sell, give away, or in any manner part with any animal infected with or

suspected of being infected with any contagious or infectious disease, except as may be

provided otherwise by the rules of the state board of animal health. If any animal is known to

have been infected with or exposed to any such disease within one year prior to such disposal,

due notice of such fact must be given in writing to the person receiving the animal.
N.D. Cent. Code § 36-11-07 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-07
36-11-07. Liability of owners of livestock injuring persons or property of others
Status: in_force

36-11-07. Liability of owners of livestock injuring persons or property of others

1. The owner or possessor of any livestock that inflicts damage or injury to:

a. Motor vehicles or their occupants upon a public highway within a grazing area in

which proper signs, approved by the director of the department of transportation,

indicating limited liability are posted at a point adjacent to the highway not less

than two hundred feet [60.96 meters] nor more than four hundred feet [121.92

meters] from the entrance of the highway into the grazing area and so posted as

to be plainly visible to individuals approaching the entrance; or

b. The crops or other property of another or trespasses upon the lands or premises

of another, where the damaged or injured crops, property, lands, or premises are

located within a grazing area, except as provided in section 36-11-09, is not liable

to any person sustaining damages or injury.

2. For the purpose of this section, a "grazing area" means any area designated as a

grazing area by a majority of the board of county commissioners, either upon the

motion of one of the commissioners or upon presentation to the board of a petition

signed by a majority of the real property owners and tenants in the area in which it is

proposed that a grazing area be established. A grazing area must be used primarily for

the purpose of grazing livestock and enclosed by a fence or other suitable means.

3. Except as provided above, the owner or possessor of any livestock that inflicts

damage to the crops or other property of another or which trespasses upon the lands

of another, whether the lands are fenced or unfenced, is liable to the persons

sustaining the injuries or to the owner of the lands for all damages suffered by the

owner, together with the statutory costs of the action to recover damages, and a

reasonable attorney's fee allowed by the court.
N.D. Cent. Code § 36-01-12 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-12
36-01-12. Powers of board over contagious and infectious diseases
Status: in_force

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.
N.D. Cent. Code § 36-21-12 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-12
36-21-12. Killing of livestock by railroad is prima facie evidence of negligence
Status: in_force

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.
N.D. Cent. Code § 36-14.1-07 — ND Code / Title 36 / Chapter 36-14.1 / Section 36-14.1-07
36-14.1-07. Review
Status: in_force

36-14.1-07. Review

Any act or omission of the board or commissioner pursuant to or within the purview of this

chapter is reviewable by the courts of this state as provided in chapter 28-32.
N.D. Cent. Code § 36-11-13 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-13
36-11-13. When action for trespass of livestock must be commenced
Status: in_force

36-11-13. When action for trespass of livestock must be commenced

A party claiming damage for trespass of livestock under this chapter shall bring an action to

recover the same within:

1. Sixty days after the infliction of the damage if the offending livestock have been

distrained by the person who has been damaged and a lien is sought to be impressed

upon livestock for the amount of damages.

2. Six years after the infliction of the damage if the offending livestock have not been

distrained by the person who has been damaged and no lien is sought to be

impressed upon the livestock for the amount of damages.
N.D. Cent. Code § 36-21-08 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-08
36-21-08. Instigating or promoting fights between animals - Misdemeanor
Status: repealed

36-21-08. Instigating or promoting fights between animals - Misdemeanor

Repealed by S.L. 1971, ch. 341, § 12.
N.D. Cent. Code § 36-11-01.1 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-01.1
36-11-01.1. Livestock - Definition
Status: in_force

36-11-01.1. Livestock - Definition

As used in this chapter, "livestock" includes bison, cattle, goats, horses, mules, sheep, and

swine.
N.D. Cent. Code § 36-01-04 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-04
36-01-04. Compensation and expenses of members of board
Status: in_force

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.
N.D. Cent. Code § 36-25-09 — ND Code / Title 36 / Chapter 36-25 / Section 36-25-09
36-25-09. Inspection
Status: in_force

36-25-09. Inspection

The commissioner and the board may inspect farmed elk and all records related to the

farmed elk.
N.D. Cent. Code § 36-01-20 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-20
36-01-20. Penalty for violation of chapter
Status: repealed

36-01-20. Penalty for violation of chapter

Repealed by omission from this code.
N.D. Cent. Code § 36-11-11 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-11
36-11-11. Procedure when security given
Status: in_force

36-11-11. Procedure when security given

When security for the payment of damages and costs is approved by the district judge, the

judge shall issue an order directed to the person holding the livestock to deliver the livestock to

the person entitled to the livestock, and the officer receiving the order shall take the livestock

and deliver it to the person. The cost of the proceedings may be charged as a part of the costs

in the action to determine the rights of the parties regarding the livestock distrained for the

trespass.
N.D. Cent. Code § 36-21.1-10 — ND Code / Title 36 / Chapter 36-21.1 / Section 36-21.1-10
36-21.1-10. Care of animals used as advertising devices
Status: in_force

36-21.1-10. Care of animals used as advertising devices

Every person who sells, offers for sale, raffles, offers, or gives as a prize, premium, or

advertising device, chicks, ducklings, or goslings to the public, shall provide and operate

brooders or other heating devices necessary to maintain the chicks, ducklings, or goslings in

good health, and shall keep adequate food and water available to the birds at all times.
N.D. Cent. Code § 36-01-08.4 — ND Code / Title 36 / Chapter 36-01 / Section 36-01-08.4
36-01-08.4. Ownership of skunks and raccoons prohibited - Exception - Rules on primates, wolves, and wolf hybrids
Status: in_force

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.
N.D. Cent. Code § 36-14-15 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-15
36-14-15. Duty of state's attorney to bring actions for violation of chapter - Notice
Status: in_force

36-14-15. Duty of state's attorney to bring actions for violation of chapter - Notice

If livestock is brought into this state in violation of this chapter or contrary to any rule of the

state board of animal health, the state veterinarian or other accredited agent of the

commissioner shall notify the state's attorney of the county into which the livestock has been

brought. Immediately upon receiving the notice, the state's attorney shall bring an action against

any person charged with bringing, transporting, or importing livestock contrary to this chapter or

any rule of the state board of animal health.
N.D. Cent. Code § 36-11-18 — ND Code / Title 36 / Chapter 36-11 / Section 36-11-18
36-11-18. When judgment of original court final - Right to trial by jury
Status: in_force

36-11-18. When judgment of original court final - Right to trial by jury

In all actions brought under this chapter, if the amount of damages claimed does not exceed

twenty-five dollars, the judgment of the court having original jurisdiction is final. Either party to

the action may have a jury trial upon demand.
N.D. Cent. Code § 36-14-16 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-16
36-14-16. Failure to restrain infected sheep - Penalty
Status: in_force

36-14-16. Failure to restrain infected sheep - Penalty

Every person who owns or has in charge any sheep infected with scab or other infectious or

contagious disease and who:

1. Does not keep such sheep securely within some enclosure; or

2. Drives or permits any such sheep to be driven upon any public highway, or within the

distance of one mile [1.61 kilometers] from any such highway, or within the distance of

six miles [9.66 kilometers] from any farm, corral, shed, or other established

headquarters where sheep are kept or herded,

is guilty of a class B misdemeanor.
N.D. Cent. Code § 36-21-17 — ND Code / Title 36 / Chapter 36-21 / Section 36-21-17
36-21-17. False weighing
Status: repealed

36-21-17. False weighing

Repealed by S.L. 1991, ch. 375, § 1.
N.D. Cent. Code § 36-21.2-06 — ND Code / Title 36 / Chapter 36-21.2 / Section 36-21.2-06
36-21.2-06. Law enforcement - Duty upon seizure - Notification
Status: in_force

36-21.2-06. Law enforcement - Duty upon seizure - Notification

1. Upon seizing an animal as provided for in section 36-21.2-05, the law enforcement

officer shall provide care for the animal, either directly or through a contractual

arrangement with another person. For purposes of this subsection, "care" means food,

water, and shelter from the elements, as appropriate for the species, the breed, and

the animal's age and physical condition, and necessary medical attention.

a. If the owner and the person having custody or control at the time of the seizure

are known to the officer or can be determined following a reasonable inquiry, the

officer shall:

(1) Provide notice of the seizure to the owner, the person having custody or

control of the animal, and, if the animal is a bovine animal, horse, or mule, to

the chief brand inspector; and

(2) Petition the court for an order directing the animal's disposition.

b. If the animal's owner is not known to the law enforcement officer and cannot be

determined following a reasonable inquiry, the officer shall publish notice of the

animal's seizure in the official newspaper of the county and indicate that if the

owner does not claim the animal within five days, the animal will be sold, placed

for adoption, or humanely destroyed, at the direction of the law enforcement

officer. If the animal to be seized is a bovine animal, horse, or mule, the officer

also shall provide notice to the chief brand inspector.

(1) If the owner does not claim the animal within five days following publication,

as required by this subdivision, the law enforcement officer shall sell the

animal, place the animal for adoption, or provide for its humane destruction.

(2) If the owner is identified within the five-day period following publication, the

law enforcement officer shall petition the court for an order directing the

animal's disposition.

2. In ruling on a petition for an animal's disposition under this section, a court may direct

that the animal be sold, placed for adoption, humanely destroyed, or returned to its

owner, with or without conditions. If the animal subject to the disposition ruling is a

bovine animal, horse, or mule, the law enforcement officer shall provide notice of the

ruling to the chief brand inspector. The chief brand inspector shall conduct an

ownership inspection of the animal subject to the ruling.

3. The owner of an animal, at any time before a final ruling on the animal's disposition,

may request a hearing before the court. If a hearing is requested, the court may not

issue a final ruling on the disposition of the animal until the conclusion of the hearing.
N.D. Cent. Code § 36-14-09 — ND Code / Title 36 / Chapter 36-14 / Section 36-14-09
36-14-09. Living hog cholera virus and vaccines - Purchase, possession, or use of living hog cholera virus and vaccines prohibited - Penalty
Status: in_force

36-14-09. Living hog cholera virus and vaccines - Purchase, possession, or use of

living hog cholera virus and vaccines prohibited - Penalty.

The purchase, possession, or use of living hog cholera virus and vaccines by any person,

including all licensed veterinarians, is unlawful except by written permit issued by the state

veterinarian. Any person violating this section is guilty of a class B misdemeanor.