Farmed Cervidae fencing requirements modifications

A bill for an act

relating to agriculture; modifying fencing requirements for farmed Cervidae;

amending Minnesota Statutes 2024, section 35.155, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 35.155, subdivision 4, is amended to read:

Subd. 4.

Fencing.

Farmed Cervidae must be confined in a manner designed to prevent

escape. All perimeter fences for farmed Cervidae must be at least 96 inches in height and

be constructed and maintained in a way that prevents the escape of farmed Cervidae
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,
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and
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entry into the premises by free-roaming Cervidae
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, and physical contact between farmed

Cervidae and free-roaming Cervidae
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. The Board of Animal Health or commissioner of

natural resources may determine whether the construction and maintenance of fencing is

adequate to prevent
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physical contact or
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escape under this subdivision and may compel

corrective action when fencing is determined to be inadequate. All new fencing installed

and all fencing used to repair deficiencies must be high tensile. All entry areas for farmed

Cervidae enclosure areas must have two redundant gates, which must be maintained to

prevent the escape of animals through an open gate. If a fence deficiency allows entry or

exit by farmed or wild Cervidae, the owner must immediately repair the deficiency. All

other deficiencies must be repaired within a reasonable time, as determined by the Board

of Animal Health, not to exceed 14 days. If a fence deficiency is detected during an

inspection, the facility must be reinspected at least once in the subsequent three months.

The farmed Cervidae owner must pay a reinspection fee equal to one-half the applicable

annual inspection fee under subdivision 7a for each reinspection related to a fence violation.

If the facility experiences more than one escape incident in any six-month period or fails

to correct a deficiency found during an inspection, the board may revoke the facility's

registration and order the owner to remove or destroy the animals as directed by the board.

If the board revokes a facility's registration, the commissioner of natural resources may

seize and destroy animals at the facility.