Title 36 — Livestock

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 …

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 s…

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 b…

Repealed by S.L. 1971, ch. 341, § 12. 36-21-03. Lien for caring for abused animal - Priority - Where prior lien of record exists. Repealed by S.L. 1971, ch. 341, § 12.

Repealed by S.L. 1975, ch. 106, § 673.

Repealed by S.L. 2017, ch. 68, § 18.

Repealed by S.L. 1971, ch. 341, § 12. 36-21-07.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 Repealed by S.L. 1971, ch. 341, § 12.

Repealed by S.L. 1971, ch. 341, § 12. 36-21-09. Officer's duty to arrest person instigating or promoting fights between animals. Repealed by S.L. 1971, ch. 341, § 12.

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 discover…

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.

Repealed by S.L. 1991, ch. 375, § 1.

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.

Repealed by S.L. 1991, ch. 375, § 1.

Repealed by S.L. 1991, ch. 375, § 1.

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…

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.

Repealed by S.L. 2013, ch. 260, § 4.

Repealed by S.L. 2013, ch. 260, § 4.

Repealed by S.L. 2013, ch. 260, § 4.

Repealed by S.L. 2013, ch. 260, § 4.

Repealed by S.L. 2013, ch. 260, § 4.

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…

Repealed by S.L. 2013, ch. 260, § 4.

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. 36-21.1-09. Use of…

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.