Minnesota Board of Animal Health

REQUEST FOR COMMENTS on Possible Amendment to Rules Governing Animal Health, Minnesota Rules:

1700.0100 to 1700.5300 Importation of Livestock and Poultry

1705.0010 to 1705.0050 Anthrax

1705.0060 to 1705.0630 Brucellosis in Cattle

1705.0640 to 1705.1088 Johne's Disease (Paratuberculosis)

1705.1090 to 1705.1210 Rabies

1705.1220 to 1705.1250 Scabies

1705.1550 to 1705.1780 Brucellosis in Swine

1705.1790 to 1705.1930 Brucellosis in Goats

1705.1940 to 1705.2250 Tuberculosis in Goats

1705.2260 to 1705.2320 Aleutian Disease of Mink

1705.2400 to 1705.2530 Pseudorabies

1705.2700 to 1705.2750 Scrapie Control and Eradication

1710.0010 to 1710.1530 Diseases of Poultry

1715.0005 to 1715.0190 Public Exhibition of Livestock and Poultry

1715.0200 to 1715.0580 Sale of Livestock at Auction Markets, Community and Other Sales

1715.0590 to 1715.1770 State-Federal Approved Markets for Swine

1715.0780 to 1715.1260 State-Federal Approved Markets for Cattle

1715.1270 to 1715.1480 Public Stockyards

1719.0100 to 1719.4600 Animal Carcasses

1720.0100 to 1720.0580 Cleaning and Disinfecting of Vehicles

1720.0581 to 1720.0640 Sale and Distribution of Biological Products and Antigens

1720.0650 to 1720.0850 Licensing Institutions to Procure Impounded Animals

1720.0860 to 1720.1020 Feeding of Garbage to Livestock and Poultry

1720.1030 to 1720.1080 Quarantine, Official Identification, Movement from Slaughter

1720.1330 to 1720.1670 Kennels and Dealers

1720.1680 to 1720.1740 Slaughter Cattle and Swine Identification

1721.0010 to 1721.0070 General Provisions

1721.0080 to 1721.0110 Livestock Concentration Points

1721.0120 to 1721.0175 Cattle and Bison

1721.0180 to 1721.0220 Pigs

1721.0230 to 1721.0260 Horses

1721.0270 to 1721.0360 Poultry

1721.0370 to 1721.0420 Deer and Elk

1721.0430 to 1721.0480 Sheep and Goats

1721.0490 to 1721.0520 Dogs, Cats and Ferrets

1721.0530 to 1721.0530 Anthrax

1721.0540 to 1721.0580 Rabies Prevention and Control

1721.0590 to 1721.0660 Feeding Garbage to Livestock

1721.0670 to 1721.0680 Biologics

1721.0690 to 1721.0740 Carcass Disposal

Subject of Rules. The Minnesota Board of Animal Health requests comments on its possible amendment to rules governing animal health. The Board of Animal Health (Board) proposes to amend all of its rules in order to:

(1) eliminate obsolete or confusing language,

(2) clarify and generalize the Board's authorities,

(3) consolidate all of the rules into a new chapter that is organized and written in a way that is easier to read and understand, and

(4) add new sections on topics that are not currently addressed.

Under the current rules, the Board's authorities for control and eradication of animal diseases are often tied to specific diseases such as tuberculosis, brucellosis or pseudorabies. The proposed rules are written so that the Board's authorities are generalized and not tied to any specific disease. These general authorities are needed and reasonable to ensure that the agency can respond effectively to control or eradicate animal diseases and protect the health of domestic animals in the state. These general authorities include the ability to require animal identification, quarantine and isolation, vaccination, cleaning and disinfection, testing, establishment of disease control zones, disease reporting, record keeping, and collection of information on locations where livestock are kept.

Significant changes in the proposed rules include:

(1) mandatory identification of breeding cattle prior to importation, movement from the farm of origin, exhibition, and sale,

(2) mandatory permit for importation of breeding cattle,

(3) reduced restrictions on the use of Johne's Disease vaccine,

(4) ban on importation of feral swine,

(5) mandatory permit for sale of hatching eggs, poultry and ratites,

(6) mandatory control program for Salmonella typhimurium in turkeys,

(7) new requirements for live bird markets including mandatory permit, inspection, cleaning and disinfection and testing for avian influenza,

(8) restrictions on intrastate movement of farmed deer and elk,

(9) increased restrictions for importation of deer and elk, and

(10) mandatory vaccination of animals when necessary for purposes of disease prevention, control, and eradication.

Persons Affected. The amendment to the rules would likely affect people in Minnesota involved in livestock production and people who own or care for other types of domestic animals.

Statutory Authority. Minnesota Statutes, section 35.03, authorizes the Board to adopt rules and states: 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.

Public Comment. Interested persons or groups may submit comments or information on these possible rules in writing or orally until 4:30 p.m. on October 11, 2011. The Board will not publish a notice of intent to adopt the rules until more than 60 days have elapsed from the date of this request for comments. The Board does not plan to appoint an advisory committee to comment on the possible rules.

Rules Drafts. The Board has drafted the possible rule amendments.

Agency Contact Person. Written or oral comments, questions, requests to receive a draft of the rules, and requests for more information on these possible rules should be directed to Dr. Beth S. Thompson at the Minnesota Board of Animal Health, 625 Robert Street North, St. Paul, MN, 55155, phone: (651) 201-6844, fax: (651) 296-7417, e-mail: beth.thompson@state.mn.us. TTY users may call the Board of Animal Health at 1-800-627-3529.

Alternative Format. Upon request, this information can be made available in an alternative format, such as large print, Braille, or audio. To make such a request, please contact the agency contact person at the address or telephone number listed above.

Dated: 5 August 2011

William L. Hartmann, DVM, MS, Executive Director
Board of Animal Health