Title Minnesota Statutes, Minnesota Statutes

34A.012 EXCLUSIONS. The following items are not perishable food, readily perishable food, or frozen food: (1) packaged pickles; (2) jellies, jams, and condiments in sealed containers; (3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries; (4) deh…

34A.02 ADULTERATION. Food is adulterated if: (1) it bears or contains any poisonous or deleterious substance which may render it injurious to health; but if the substance is not an added substance, the item is not adulterated under this clause if the quantity of the substance in …

34A.03 MISBRANDING. (a) Food is misbranded if: (1) its labeling is false or misleading in any particular, or its labeling, whether on the item itself, its container, or its package, fails to conform with the requirements of this chapter; (2) it is offered for sale or distributed …

34A.04 ENFORCEMENT. § Subdivision 1.Enforcement required. (a) The commissioner shall enforce this chapter and chapters 28, 28A, 29, 30, 31, 31A, 32D, and 34. To carry out the enforcement duties under these chapters, the commissioner may, upon presenting appropriate credentials, d…

34A.05 FALSE STATEMENT OR RECORD. A person must not knowingly make or offer a false statement, record, or other information as part of: (1) an application for registration, listing, license, certification, or permit subject to this chapter; (2) records or reports required subject…

34A.06 ADMINISTRATIVE ACTIONS. § Subdivision 1.Administrative enforcement. (a) The commissioner may enforce this chapter by written warning, administrative meeting, cease and desist, forced sale, detention, embargo, condemnation, citation, corrective action order, seizure, agreem…

34A.07 ADMINISTRATIVE PENALTIES. § Subdivision 1.Assessment. (a) In determining the amount of the administrative penalty, the commissioner shall consider the economic gain received by the person allowing or committing the violation, the gravity of the violation in terms of actual…

34A.08 APPEAL OF ADMINISTRATIVE ACTION OR PENALTY. § Subdivision 1.Notice of appeal. (a) After service of a citation under section 34A.07 or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the citation or order, or another time period mutually agre…

34A.09 CIVIL PENALTIES. § Subdivision 1.General penalty. A person who violates this chapter or an order, standard, stipulation, agreement, citation, or schedule of compliance of the commissioner, or impedes, hinders, or otherwise prevents or attempts to prevent performance of a d…

34A.10 CRIMINAL PENALTIES. § Subdivision 1.General violation. Except as provided in subdivisions 2 and 3, a person is guilty of a misdemeanor if the person violates this chapter or an order, standard, citation, stipulation, agreement, or schedule of compliance of the commissioner…

34A.11 EMBARGO, SEIZURE, AND CONDEMNATION. § Subdivision 1.Tag, notice, or withdrawal from distribution. If the commissioner finds probable cause to believe that any food, animal, or consumer commodity is being distributed in violation of this chapter or rules under this chapter,…

34A.12 POWERS OF THE COMMISSIONER. § Subdivision 1.Gathering information. The commissioner may, for the purposes of this chapter: (1) gather and compile information concerning and investigate the organization, business, conduct, practices, and management of a person in intrastate…

35.01 DEFINITIONS. § Subdivision 1.Scope. Unless the language or context clearly indicates that a different meaning is intended, the words defined in this section as used in this chapter have the meanings given them. § Subd. 2.Board; state board. "Board" or "state board" means th…

35.02 BOARD OF ANIMAL HEALTH. § Subdivision 1.Members; officers. The board has seven members appointed by the governor with the advice and consent of the senate, three of whom are producers of livestock in the state; one of whom is a member of a federally recognized Tribe located…

35.03 POWERS, DUTIES, AND REPORTS. The board shall protect the health of Minnesota domestic animals and carry out the provisions of this chapter. The board shall make rules necessary to protect the health of domestic animals. The board shall meet at least quarterly. Officers must…

35.05 AUTHORITY OF STATE BOARD. (a) The state board may quarantine or kill any domestic animal infected with, or which has been exposed to, a contagious or infectious dangerous disease if it is necessary to protect the health of the domestic animals of the state. (b) The board ma…

35.051 EPHEDRINE AND PSEUDOEPHEDRINE PRODUCTS. § Subdivision 1.Prescription required. Drugs and products for any species of animal that contain ephedrine or pseudoephedrine require a written prescription from a veterinarian to be sold or distributed for lay use. § Subd. 2.Sale an…

35.06 REPORTING DISEASE; COMPELLING TESTIMONY. A person who knows or reasonably suspects that a contagious or infectious disease exists in a domestic animal shall immediately notify the board. The board, or any member or authorized agent of the board, may examine under oath all p…

35.0661 TEMPORARY EMERGENCY RESTRICTIONS ON MOVEMENT OF PEOPLE, LIVESTOCK, MACHINERY, AND OTHER PERSONAL PROPERTY. § Subdivision 1.Disastrous animal disease outbreaks; declaration of emergency. (a) If the board determines that a confirmed case of a disease in this state presents …

35.0662 TEMPORARY EMERGENCY RESTRICTIONS HEARING. § Subdivision 1.Grounds. If the board determines that a person is not reasonably likely to abide by the disease control measures established by the board, the board may request a court hearing to determine if the emergency tempora…

35.085 INDEMNITY FOR DESTROYED CATTLE. (a) The board may pay indemnity to cattle owners who choose to euthanize cattle that test suspect for bovine tuberculosis, if funds are available from appropriations for the purpose and if the United States Department of Agriculture refuses …

35.086 BOVINE TUBERCULOSIS MANAGEMENT ZONE; RESTRICTIONS. § Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section. (b) "Bovine tuberculosis management zone" means the area within the ten-mile radius around the five presumptive tuberculosis-posit…

35.13 ENTRY TO PREMISES FORBIDDEN. During the prevalence among domestic animals of any of the diseases referred to in this chapter, any owner or keeper of these animals may post upon the premises a notice forbidding all persons to enter any building or enclosure in which animals …

35.15 TRANSPORTATION OF LIVESTOCK; COMPLIANCE WITH RULES. § Subdivision 1.Importation of animals and poultry. Animals or poultry may not be brought into the state for work, feeding, breeding, dairy purposes, or sale except in compliance with the rules of the board. § Subd. 2. [Re…

35.153 DEFINITIONS. § Subdivision 1.Applicability. The definitions in this section apply to section 17.452, this section, and section 35.155. § Subd. 2.Cervidae. "Cervidae" means animals that are members of the family Cervidae and includes, but is not limited to, white-tailed dee…

35.155 FARMED CERVIDAE. § Subdivision 1.Running at large prohibited. (a) An owner may not allow farmed Cervidae to run at large. The owner must make all reasonable efforts to return escaped farmed Cervidae to their enclosures as soon as possible. The owner must immediately notify…

35.156 CHRONIC WASTING DISEASE. § Subdivision 1.Oversight. The legislative committees and divisions with jurisdiction over agriculture policy and finance and environment and natural resources policy and finance may meet quarterly to receive updates from the commissioners of agric…

35.16 TRANSPORTATION COMPANIES TO HOLD LIVESTOCK AND POULTRY. If rules of the board have not been complied with, transportation companies shall notify the board and shall hold the animals or poultry at the first station within Minnesota where there are suitable facilities for hol…

35.165 LIABILITY FOR ILLEGALLY TRANSPORTING LIVESTOCK. A transportation company or corporation or its agent, the owner or driver of a vehicle for hire or a private vehicle used to haul livestock, or a person violating section 35.15 or 35.16 is liable in a civil action to a person…

35.244 CONTROL OF BOVINE TUBERCULOSIS. § Subdivision 1.Designation of zones. The board may establish zones for the control and eradication of tuberculosis and restrict the movement of cattle, bison, goats, and farmed Cervidae within and between tuberculosis zones in the state. § …

35.67 RABIES INVESTIGATION. If the executive director of the Board of Animal Health, or a community health board as defined in section 145A.02, subdivision 5, receives a written complaint that rabies exists in a town or city in the board's jurisdiction, the community health board…

35.69 UNMUZZLED DOGS NOT PERMITTED AT LARGE. The owner or custodian of a dog may not permit it to be at large, either on the premises of the owner or elsewhere, within any city or town covered by a proclamation made under section 35.68, during the time the proclamation is in forc…

35.73 DEFINITIONS. § Subdivision 1.Terms. For the purposes of sections 35.73 to 35.80 the terms defined in this section have the meanings given. § Subd. 2. [Repealed, 1980 c 467 s 44] § Subd. 3. [Repealed, 1996 c 310 s 1; 1997 c 7 art 1 s 171] § Subd. 4.Garbage. "Garbage" means a…

35.74 EXCEPTIONS. Sections 35.73 to 35.80 do not apply to a person who has animals or poultry who are fed garbage obtained only from the person's private household. History: 1953 c 355 s 2; 1985 c 265 art 1 s 1; 1986 c 444

35.75 LICENSES. § Subdivision 1.Requirement, renewal. No person shall feed garbage to livestock or poultry without first securing a license from the board, and no person shall transport garbage over the public highways of this state for the purpose of feeding it to livestock or p…

35.751 EXEMPT MATERIALS PERMIT. § Subdivision 1.Permit required. If it is considered by the board to be in the best interest of the livestock industry of the state and not detrimental to the public health, safety, or general welfare, the board may adopt rules authorizing an exemp…

35.76 GARBAGE, TREATMENT. No person may feed garbage to livestock or poultry until it has been thoroughly heated to at least 212 degrees Fahrenheit for a continuous period of at least 30 minutes unless it is treated in some other manner which is approved in writing by the board a…

35.77 QUARANTINE, PERMIT FOR REMOVAL OF LIVESTOCK OR POULTRY. All premises on which garbage is fed to livestock or poultry are under quarantine and must be maintained in a reasonably sanitary condition. Livestock or poultry to which garbage has been fed may not be removed from th…

35.78 INSPECTION AND INVESTIGATION OF PREMISES, RECORDS. An authorized representative of the board may enter any property at reasonable times for the purpose of inspecting and investigating conditions relating to the feeding and treating of garbage to be fed to livestock and poul…

35.79 ENFORCEMENT. The board shall administer and enforce sections 35.73 to 35.80 and may make and enforce reasonable rules it considers necessary to carry out their provisions. History: 1953 c 355 s 9; 1985 c 265 art 1 s 1

35.80 VIOLATIONS. A person violates sections 35.73 to 35.80, who fails to perform any duties imposed by those sections or violates any rule made under those sections. History: 1953 c 355 s 10; 1985 c 265 art 1 s 1; 1988 c 485 s 5

35.81 TRANSPORTATION OF ANIMALS AND POULTRY, RULES. The board may make reasonable rules for the cleaning and disinfection of railroad cars, automobiles, trucks, and other vehicles used as public carriers for the transportation of live animals and poultry over the public highways …

35.815 LIVESTOCK MORTALITIES. (a) Notwithstanding any other law, the executive director of the Board of Animal Health is responsible for the regulation and oversight of the disposal of livestock mortalities due to animal disease. (b) Notwithstanding any other law, the executive d…

35.82 RENDERING PLANT PERMITS; DISPOSITION OF CARCASSES. § Subdivision 1.Permit required. No person may engage in the business of rendering all or parts of animals, poultry, or fish, including scraps and grease, without first obtaining a permit from the board in accordance with t…

35.821 DEFINITIONS. § Subdivision 1.Scope. Unless the context clearly indicates otherwise, for the purposes of sections 35.821 to 35.831 the terms defined in this section have the meanings given them. § Subd. 2. [Repealed, 1980 c 467 s 44] § Subd. 3.Brand. "Brand" means a permane…

35.822 REGISTRATION OF MARKS OR BRANDS WITH BOARD. The board shall approve marks or brands for registration, issue certificates of approval, and administer sections 35.821 to 35.831. The board shall publish a state brand book containing a facsimile of each mark or brand that is r…