36-25 Farmed Elk
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<![CDATA[CHAPTER 36-25FARMED ELK36-25-01. 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 elk family (cervus elaphus), except red deer,<br>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; orc.Maintained for any other purpose.4."Owner" means a person who owns or is responsible for the raising of farmed elk.36-25-02. Rules - Data base. The board may adopt rules relating to the raising offarmed elk, including matters concerning the health, safety, confinement, and identification of<br>farmed elk.Any rules relating to nontraditional livestock and adopted by the board beforeAugust 1, 1999, are, if applicable to farmed elk, deemed to apply to farmed elk until otherwise<br>modified by the board. The board shall maintain a data base regarding farmed elk.36-25-03. Advisory committee. The commissioner may appoint a farmed elk advisorycommittee to provide advice to the commissioner regarding farmed elk.36-25-04.Development program.The commissioner may establish a farmed elkdevelopment program to support applied research and provide demonstrations, financing,<br>marketing, promotion, breed development and registration, and other services related to the<br>raising of farmed elk. The commissioner shall include information regarding farmed elk in reports<br>on agriculture in this state.36-25-05. Confinement - Rules. Farmed elk must be confined in a manner designed toprevent escape. Unless otherwise required by rule, fencing for farmed elk must be at least<br>eighty-four inches [213.36 centimeters] in height. If any farmed elk escape, their owner shall<br>report the escape to the board within one business day of the discovery and shall notify the board<br>upon recapture. The owner is liable for the expenses incurred by another person in capturing,<br>caring for, and returning farmed elk that have escaped, provided the other person notifies the<br>owner as soon as practicable after discovering the escape.36-25-06. Agricultural pursuit. Farmed elk are livestock, and the products of farmedelk are farm products for purposes of financial transactions and collateral. The raising of farmed<br>elk is agricultural production and an agricultural pursuit.36-25-07.Sales of meat products. Unless otherwise provided, a person selling orbuying farmed elk as livestock, for human consumption or for slaughter, must comply with this<br>title and all applicable rules.36-25-08. Identification. The owner of farmed elk shall identify each animal by a meansof identification approved by the board.36-25-09. Inspection. The commissioner and the board may inspect farmed elk and allrecords related to the farmed elk.36-25-10. Enforcement orders - Administrative hearing - Penalty.Page No. 11.The board may order any elk brought into this state in violation of this chapter or<br>rules adopted by the board to be returned to the state of origin or to be slaughtered.<br>The owner of the elk has the right to an administrative hearing on an order of the<br>board in the manner provided in chapter 28-32 if the owner makes a written request<br>for a hearing to the board within ten days after service of the order. If the owner<br>does not request a hearing and if the owner fails to comply with the order, the state<br>veterinarian shall carry out the order. The owner is liable to the board for all costs,<br>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<br>elk in violation of this chapter or rules adopted by the board, the board may assess<br>that person a civil penalty in an amount up to five thousand dollars per violation.<br>Any person aggrieved by a decision of the board may appeal the decision as<br>provided in chapter 28-32. The civil penalty assessed under this subsection must be<br>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<br>an infraction.Page No. 2Document Outlinechapter 36-25 farmed elk]]>