Title 36, Livestock

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 …

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.

Exemplary damages may be applied for any wrongful injury to an animal committed willfully or by gross negligence.

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.

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 a…

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 forw…

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 enc…

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 fa…

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

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 inf…

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 …

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.

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.

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

The commissioner and the board may inspect farmed elk and all records related to the farmed elk.

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 pro…

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.

The board is responsible for the control and eradication of feral swine on state lands and on private lands in this state.

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 swi…

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…

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 …

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 condemna…

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…

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.

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 s…

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 th…

The board may make, promulgate, amend, repeal, and enforce rules and regulations for implementing this chapter.

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.

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 th…

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 …

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.

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 s…

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 goo…

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.

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 li…

This chapter does not apply to estrays covered under chapter 4.1-75.

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 …

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 tha…

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 t…

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 …

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 om…

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 th…

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…

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…

The title to any animal sold or adopted in accordance with this chapter passes to the individual taking custody or control of the animal.

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 …

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 fr…

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 m…

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 un…

This chapter does not apply to estrays.