Public Rule Making
The rulemaking process utilized by the Minnesota Board of Animal Health provides three opportunities for public involvement:
- When the Request for Comments (RFC) is published in the State Register, it communicates general ideas for the rulemaking. This is an opportunity for stakeholders to provide formal comments and input on the rulemaking ideas that may narrow or broaden the scope of the project. Stakeholder data or other relevant information can be submitted at this time. An example of information submitted could be relevant cost information for implementing the general ideas announced in the RFC. The Board encourages stakeholder participation at this early stage of the process so that relevant information can be considered as decisions that shape the rule are made.
- During this phase of the rulemaking, the Board generally develops a preliminary draft of rule language and makes it available for at least one informal public comment period. Throughout this phase, stakeholder meetings may be held and informal comments may be submitted.
- When a Notice of Intent to Adopt Rules is published, it signals the final opportunity for stakeholder input, unless a hearing is held. The published notice will indicate the relevant submittal deadlines. At this stage, a complete Statement of Need and Reasonableness (SONAR) and draft rule are made available for formal public comment.
The Board can proceed with a public hearing or without one. If held, the public hearing provides an additional formal opportunity for stakeholders to testify or submit written testimony in front of an Administrative Law Judge who presides over the hearing.
On completion, the Board will publish final adoption of rules. Most rules become effective five working days after they appear in the State Register.
Check with the agency contact person to inspect written comments, written requests for a public hearing, and names of parties who requested a public hearing.
Good Cause Exemption Rulemaking
As announced on April 21, 2021, at its quarterly board meeting, the Board of Animal Health is engaging in the Good Cause Exemption rulemaking process under Minnesota Statute 14.388, in order to amend Minnesota Rule 1721.0420, subpart 3. This Good Cause Exemption rulemaking process is outside of and separate from the Board’s normal Farmed Cervidae rulemaking project that is currently underway (listed under “Current Rulemaking” on this webpage), and would allow the Board to more quickly amend this rule.
The Board is engaging in the Good Cause Exemption rulemaking process to amend this rule because, based on the evidence we have obtained from our epidemiological investigation of the CWD-positive Beltrami County herd, the Board believes that continuing to allow movements of farmed Cervidae under the exemptions allowed by subpart 3 of this rule undermines our statutory mission to protect the health of the state’s domestic animals (farmed Cervidae) from Chronic Wasting Disease and is contrary to the public interest.
The Board is complying with all notice requirements under the Administrative Procedure Act that are required for this Good Cause Exemption rulemaking process. Board rulemaking staff have and will continue to work with the Attorney General’s office on this process. As a state agency, the Board adheres to state statutes and rules for this and every rulemaking.
The Board filed its rulemaking submission with the Office of Administrative Hearings (OAH) on Monday, April 26, for review and consideration by an Administrative Law Judge. A public comment period was open from 8 a.m. on Tuesday, April 27 until 4:30 p.m. on Monday, May 3. The comments submitted are viewable (under “closed discussions”) on the Board’s eComments page at the Office of Administrative Hearings. The documents the Board filed with the OAH are available both on this rulemaking page (below) and on the eComments page. An official notice of this rulemaking was distributed on Monday, April 26.
Continue to visit this page for updates on this Good Cause Exemption rulemaking.
- Revisor’s Draft of Proposed Amended Rule [PDF]
- Resolution from 04-21-2021 Quarterly Board Meeting [PDF]
- Letter explaining why the rule amendment meets the requirements of the Good Cause Exemption [PDF]
- Proposed Order Adopting Rules [PDF]
- Notice of Intent [PDF]
- Press release announcing Good Cause Exemption rulemaking
Rule Number(s): Minnesota Rules chapters 1721.0370 to 1721.0420. Revisor No. R-04649
Subject Matter: Amending the rules governing Farmed Cervidae.
Brief Rule Summary: The proposed rules would incorporate changes made by the Minnesota legislature in 2019 to Minnesota Statute §35.155. The Board is considering additional amendments to clarify ambiguities in current regulations, better help the agency prevent and control disease, allow the Board to more effectively address and respond to detections of Chronic Wasting Disease (CWD) positive farmed Cervids, and support compliance with state and federal requirements for farmed Cervidae.
The Board will prepare rules drafts and when drafts are available, will publish them on its rulemaking page and make them available to the public upon request before formally proposing the rules. When the board members approve a final proposed rules draft, the Board will publish it in the State Register with a Notice of Intent, and a second formal comment period will open.
Attachments for download:
- Request for comments [PDF] (published June 29, 2020)
- Draft 2021 Farmed Cervidae Rules (06-18-2021) [PDF]
- Draft 2021 Farmed Cervidae Rules (02-19-2021) [PDF]
- Draft 2021 Farmed Cervidae Rules (02-09-2021) [PDF]
- Draft 2021 Farmed Cervidae Rules (02-05-2021) [PDF]
- Draft 2021 Farmed Cervidae Rules (01-19-2021) [PDF]
- Draft 2021 Farmed Cervidae Rules (01-08-2021) [PDF]
- Draft 2020 Farmed Cervidae Rules (11-06-2020) [PDF]
- Draft 2020 Farmed Cervidae Rules (10-17-2020) [PDF]
- Draft of definitions to the Farmed Cervidae Rules (10-08-2020) [PDF]
- Draft 2020 Farmed Cervidae Rules Amendments (8-19-2020) [PDF]
- Draft 2020 Farmed Cervidae Rules Amendments (8-19-2020) [PDF] This copy is without tracked changes.
- Revised Draft Farmed Cervidae Program Surveillance Standards (06-02-2021) [PDF]
- Revised Draft Farmed Cervidae Program Surveillance Standards (02-05-2021) [PDF]
- Revised Draft Farmed Cervidae Program Surveillance Standards (11-20-2020) [PDF]
- Revised Draft Farmed Cervidae Program Surveillance Standards (10-19-2020) [PDF]
- Draft Farmed Cervidae Program Surveillance Standards (8-19-2020) [PDF]
Proposed drafts of the rules will be posted on the Board’s rulemaking webpage as they are available.
The first formal public comment period closed on October 30 at 4:30 p.m.
- Review the eComments submitted for the proposed rules (under the “Closed Discussions” section).
- Review written comments submitted directly to the Board [PDF] for the proposed rules.
A second public comment period will begin when the Board publishes its Notice of Intent to Adopt, which the Board currently plans to do sometime in early 2021. Proposed drafts of the rules will be posted on the Board’s rulemaking webpage as they are available.
The Board has formed an Advisory Committee to participate in the rule revision process. The first meeting was Wednesday, August 26, 2020. Minutes from the Advisory Committee meetings will be published on the Board’s rulemaking webpage as soon as they are available. Members of the public are encouraged to listen in on these meetings and will have a chance to speak during the public comment period at the end of the meeting. Details of the next meeting are listed below:
- Future meeting information will be posted here.
For technical assistance accessing the meetings, please dial 651-201-6815.
When public comment periods are open, the Board will hold listening sessions for the general public to make comments and suggestions on changes and corrections for any of the farmed Cervidae rules administered by the Board. If you plan to make comments at these sessions, please be prepared to state your name and affiliation/interest. Please also consider making written comments on our eComments website during public comment periods. The following dates and times are posted for the public to join a virtual meeting either online or by phone*:
- Thursday, August 27, 5 – 7 p.m.
- Wednesday, September 2, 1 – 3 p.m.
- Wednesday, September 9, 6 – 7:30 p.m.
- Thursday, September 17, 10:45 a.m. – 12 p.m.
Listening sessions for Tribal Organizations:
- Thursday, September 10, 1:30 p.m. – 3 p.m.
- Friday, October 9, 10 a.m. – 11:30 a.m.
- Wednesday, October 28, 10 a.m. – 11:30 a.m.
Listening sessions for farmed cervid producers:
- Tuesday, February 16, 4 – 5:30 p.m.
- Friday, February 19, 1 – 2:30 p.m.
*The Board will conclude the listening sessions after 60 minutes if either all callers have no further comments or no callers remain on the line.
|Agency Contact Person(s)||Current status of proposed rule and any agency determinations||Next opportunity for public comment||Timetable for adoption and other agency determinations||Notices published (state register citations)||Public hearing schedule|
Dr. Linda Glaser
|Request for Comments period opened on June 29, 2020. Comment period closed at 4:30 p.m. on October 30, 2020.||Goal: Second formal public comment period to open in summer 2021 when the Notice of Intent to Adopt is published.||Goal: Adopt rules in 2021.||
Request for Comments published in State Register: 29 June 2020. (44 SR 53)
Second Request for Comments, which extends the comment period: published in State Register: 31 August 2020. (45 SR 9).
|To be determined|
Rule Number(s): Minnesota Rules chapters 1721.0270, 1721.0280, 1721.0290, 1721.0320, 1721.0344, 1721.0300, 1721.0310. Revisor No. R-04533
Subject Matter: Amending the rules governing poultry and Mycoplasma requirements for turkeys.
Brief Rule Summary: The proposed rules modify the Mycoplasma testing and/or classification requirements for turkeys, turkey poults and turkey hatching eggs to only be required for commercial turkey hatcheries and breeding flocks. The proposed rules would remove the requirements for small, backyard producers and hobbyists.
Attachments for download:
- [Notice of Intent to Adopt Rules Without a Hearing PDF]
- [Rules as adopted PDF]
- [Statement of Need and Reasonableness PDF] Contact email@example.com for an accessible version of this document.
|Agency Contact Person||Current status of proposed rule and any agency determinations||Next opportunity for public comment||Timetable for adoption and other agency determinations||Notices published (state register citations)||Public hearing schedule|
320-441-4055 or firstname.lastname@example.org
Order Adopting Rules signed on October 31, 2019.
Rules filed with Secretary of State’s Office on November 4, 2019.
Rules as adopted will be effective December 4, 2019.
Formal public comment period closed on
The Board currently has a copy of the
|Effective date of rules as adopted is December 4, 2019.||
Notice of Adoption published in State Register on November 25, 2019. 44 SR 22
First RFC published in the State Register on 19 February 2019. 43 SR 24
Notice of Intent to Adopt Rules Without a
Second Notice of Intent to Adopt
|n/a. The Board did not receive any requests for a hearing.|
- OAH – Office of Administrative Hearings
- RFC – Request for Comments
- SONAR – Statement of Need and Reasonableness