North Dakota Administrative Code

Auction markets must be maintained in sanitary condition. 1. Three-inch [7.62-centimeter] concrete floors are required for all hog pens and alleys and must be cleaned and disinfected periodically as may be prescribed by the board. 2. All cattle alleys and seventy-five percent of …

hauling diseased animals to auction markets. Persons hauling diseased animals to auction markets shall clean and disinfect trucks by a method approved by the state veterinarian before leaving auction markets. History: Effective July 1, 2016. General Authority: NDCC 36-01-08 Law I…

Licensed auction markets shall provide and maintain adequate facilities that are safe, sanitary, and in good condition and that adequately allow brand inspectors and veterinary inspectors to perform their required duties. History: Effective July 1, 2016. General Authority: NDCC 3…

Auction market operators may levy a charge on purchasers of animals for use of testing or vaccination facilities or labor furnished to assist the veterinary inspector. The rate of the charge must be posted in a conspicuous place on the premises. The charge must be kept separate f…

A farmed elk auction permit is required to conduct auctions where farmed elk are offered for sale or trade. 1. The application for an auction permit must be submitted to the board at least thirty days prior to the date of auction. 2. Once issued, the permit is valid for that date…

1. Sales of category 2 and category 3 nontraditional livestock, as defined in section 48.1-09-01-02, conducted through a process in which they are held out for sale to the public, through auction, bidding, or otherwise published or announced for sale, require a nontraditional liv…

The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 36-01 except: 1. "Association" means the North Dakota stockmen's association. 2. "Buying station" means a point where cattle, horses, or mules are gathered for sale and is also refe…

1. Any person who operates a dry lot cattle feeding operation within the confines of permanently fenced lots may make application to the chief brand inspector of the association for a registered feedlot number and permit. After the association has received application and a fee, …

1. When cattle, horses, or mules are offered for sale at any brand inspection point, proof of ownership must be established by the shipper of the cattle, horses, or mules, either by a recorded brand, bill of sale, livestock market clearance, local inspection certificate, or an af…

- Exemptions. 1. Bison imported into the state must be accompanied by an official certificate of veterinary inspection except: a. Bison originating directly from a producer's premises, not diverted en route, and consigned to an auction market approved by the board; b. Bison consi…

1. Brucellosis. Bison over eighteen months of age must have a negative brucellosis test within thirty days prior to entry into the state. The following may be exempt from the brucellosis test requirement: a. Steers; b. Spayed females; and c. Bison originating from brucellosis-fre…

1. Anthrax. a. Bison located on farms where anthrax has been diagnosed must be vaccinated. Bison must be quarantined for thirty days after the death of the last animal or thirty days following vaccination, whichever occurs last. b. Sale of hides removed from bison infected with a…

Official identification may not be removed or tampered with without approval by the state veterinarian. History: Effective July 1, 2016; amended effective July 1, 2024. General Authority: NDCC 36-01-08 Law Implemented: NDCC 33-01-08 4…

- Exemptions. 1. Cattle imported into the state must be accompanied by an official certificate of veterinary inspection except: a. Cattle originating directly from a producer's premises, not diverted en route, and consigned to an auction market approved by the board; b. Cattle co…

1. Brucellosis. a. Test-eligible cattle, as determined by the board, must have a negative brucellosis test within thirty days prior to entry into North Dakota and must comply with uniform methods and rules in control of brucellosis as published by USDA-APHIS-VS. b. A valid test f…

1. Anthrax. a. Cattle susceptible to anthrax located on farms where anthrax has been diagnosed must be vaccinated. Animals shall be quarantined for thirty days after the death of the last animal or thirty days following vaccination, whichever occurs last. b. Sale of hides removed…

Official identification may not be removed or tampered with without approval by the state veterinarian. History: Effective July 1, 2016; amended effective July 1, 2024. General Authority: NDCC 36-01-08 Law Implemented: NDCC 36-01-08 5…

- Exemptions. 1. Equine species imported into the state must be accompanied by an official certificate of veterinary inspection except: a. Equine species consigned to a state or federally inspected slaughter establishment; b. Other equine species as otherwise provided for by thes…

Equine infectious anemia. Equine species require negative tests for equine infectious anemia within twelve months prior to date of importation, unless originating from states exempted from test requirements by the state veterinarian. History: Effective July 1, 2016. General Autho…

1. Anthrax. a. Equine species susceptible to anthrax located on farms where anthrax has been diagnosed must be vaccinated. Equine species must be quarantined for thirty days after the death of the last animal or thirty days following vaccination, whichever occurs last. b. Sale of…

Official identification may not be removed or tampered with without approval by the state veterinarian. History: Effective July 1, 2016; amended effective July 1, 2024. General Authority: NDCC 36-01-08 Law Implemented: NDCC 36-01-08 2…

The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 36-01. Additionally: 1. "Farmed elk" mean mammals of the elk genus and species cervus candensis, formerly a subspecies of cervus elaphus. Red deer (cervus elaphus) are not farmed el…

An owner, before acquiring or possessing farmed elk on such owner's premises, shall provide to the board a description and a sketch or map of the premises and facilities. 1. The sketch or map must include, at a minimum, the proposed exterior boundary, location of the holding and …

Farmed elk operators, at all times, shall have access to permanent or portable holding and handling facilities that enable proper handling, marketing, and individual identification of all farmed elk on the premises. History: Effective July 1, 2016. General Authority: NDCC 36-25-0…

1. Farmed elk premises must have an approved quarantine facility within its boundary or submit an action plan to the state veterinarian which guarantees access to an approved quarantine facility within the state. 2. If the state veterinarian imposes a quarantine, the farmed elk o…

1. A farmed elk owner shall comply with the following fencing standards: a. Conventional perimeter fences must be at least twelve and one-half gauge and must be: (1) At least eight feet [2.44 meters] high, if construction was completed on or after July 1, 2016. (2) At least seven…

A farmed elk operator may not display or house any elk in such a manner as to endanger the health and safety of the public or the elk, as determined by the state veterinarian. History: Effective July 1, 2016. General Authority: NDCC 36-25-02 Law Implemented: NDCC 36-25-02

1. Farmed elk must be individually identified with two forms of identification as prescribed by the state veterinarian. The form of identification must be permanent and unique to each animal. One form of permanent identification must be an official tag or other form approved by t…

1. An owner of farmed elk shall submit to the board an annual farmed elk inventory report by March first of each year. 2. An owner shall record inventory information on the forms provided by the board and such forms must be filled out completely and accurately. 3. An owner shall …

1. Farmed elk to be transferred, bought, or sold must have an itemized bill of sale, certificate of veterinary inspection, or manifest at transfer of ownership that must include individual official identification, species, age, sex, number of animals, buyer and seller and their r…

A person may not release or abandon any farmed elk without prior written authorization from the state veterinarian. History: Effective July 1, 2016. General Authority: NDCC 36-25-02 Law Implemented: NDCC 36-25-02

1. The owner of farmed elk, or the owner's agent, shall report an escape to the board within one business day of discovery. 2. The owner shall cause any farmed elk to be recaptured or destroyed within ten days of the animal escape, except when public safety or the health of the d…

A farmed elk owner shall allow inspection of records, holding facilities, and farmed elk by an agent of the board during normal working hours. The owner may accompany the person conducting the inspection. The inspection must be scheduled. History: Effective July 1, 2016. 4 Genera…

1. Slaughter facilities that purchase and slaughter farmed elk shall obtain approval from the board before acquiring animals classified as farmed elk. 2. Slaughter facilities must be inspected under state or federal meat inspection. 3. The slaughter facility must be adequate to c…

Farmed elk may be imported into the state only after the owner of the farmed elk: 1. Obtains a certificate of veterinary inspection. The certificate of veterinary inspection must include specific disease test results, vaccinations, and health statements required by this chapter; …

Repealed effective July 1, 2024. 1

1. Brucellosis. a. Sexually intact farmed elk six months of age and older must test negative for brucellosis by two different official tests prescribed by the state veterinarian, administered within thirty days prior to importation into the state. The following exemptions may app…

1. Anthrax. a. Farmed elk susceptible to anthrax located on farms where anthrax has been diagnosed must be vaccinated. Farmed elk must be quarantined for thirty days after the death of the last animal or thirty days following vaccination, whichever occurs last. b. Sale of hides r…

Official identification or marks may not be removed or tampered with without approval by the state veterinarian. History: Effective July 1, 2016. General Authority: NDCC 36-01-08, 36-25-02 Law Implemented: NDCC 36-01-08, 36-25-02 3…

Definitions contained in title 9, Code of Federal Regulations, part 79.1 are adopted by the board and apply to this chapter, unless otherwise defined or ordered by the board. History: Effective July 1, 2016. General Authority: NDCC 36-01-08 Law Implemented: NDCC 36-01-08, 36-01-1…

- Exemptions. 1. Goats imported into the state must be accompanied by an official certificate of veterinary inspection except: a. Meat breed goats originating directly from a producer's premises, not diverted en route, and consigned to an auction market approved by the board; b. …

1. Brucellosis. 2. Scrapie. The certificate of veterinary inspection must contain a written statement, signed by the owner of the goat, stating that: "To the best of my knowledge, the goat or goats listed on this certificate originate from a herd that has not been diagnosed as a …

1. Anthrax. a. Goats susceptible to anthrax located on farms where anthrax has been diagnosed must be vaccinated. Animals must be quarantined for thirty days after the death of the last animal or thirty days following vaccination, whichever occurs last. b. Sale of hides removed f…

Official identification or marks may not be removed or tampered with without approval by the state veterinarian. History: Effective July 1, 2016. General Authority: NDCC 36-01-08 Law Implemented: NDCC 36-01-08 4

For purposes of this article: 1. "Confinement" means any structure or other means intended to keep an animal within bounds or restrict its movement. 2. "Environmentally dangerous animal" means animals that are known to cause exceptionally serious depredation to the environment. 3…

1. Nontraditional livestock category 1 species: a. Category 1 species of nontraditional livestock are species generally considered domestic, or other species that are not inherently dangerous, that do not pose a health risk to humans, domestic animals, or wild animals, and do not…

species. 1. The owner shall obtain a license from the board before acquiring animals classified as nontraditional livestock category 2 and category 3 species. Fees must be paid under North Dakota Century Code section 36-01-08.1 before issuance of a license. 2. An owner, before ac…