Subdivision 1. General penalty. Except as provided in subdivisions 2 and 5, a person who violates this chapter or a special order, standard, stipulation, agreement, or schedule of compliance of the board is subject to a civil penalty of up to $10,000 as determined by the board.
Subd. 2. Wildlife and other damages. (a) A person who violates this chapter is liable for and must pay to the state a sum to constitute just compensation for the loss or destruction of wild animals, fish, or other aquatic life and for actual damages to the state.
(b) The amounts paid as compensation for loss or destruction of wildlife, fish, or other aquatic life must be deposited into the state treasury and credited to the game and fish fund.
Subd. 3. Defense to civil remedies and damages. As a defense to a civil penalty or claim for damages under subdivisions 1 and 2, the defendant may prove that the violation was caused solely by an act of God, an act of war, an act or failure to act that constitutes sabotage or vandalism, or a combination of these defenses.
Subd. 4. Actions to compel performance. In an action to compel performance of an order of the Board of Animal Health to enforce this chapter, the court may require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order.
Subd. 5. Recovery of penalties by civil action. The civil penalties and payments provided for in this section may be recovered by a civil action brought by the county attorney, the board, or the attorney general in the name of the state.
Subd. 6. Recovery of litigation costs and expenses. In an action brought by the attorney general or a county attorney in the name of the state under this chapter for civil penalties or injunctive relief or in an action to compel compliance, if the state finally prevails, the state, in addition to other penalties provided in this chapter, must be allowed an amount determined by the court to be the reasonable value of all or a part of the litigation expenses including attorney fees incurred by the state or county attorney. In determining the amount of these litigation expenses to be allowed, the court shall give consideration to the economic circumstances of the defendant.
1988 c 485 s 13; 1993 c 129 s 1,2
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Section 35.02 — Board Of Animal Health.
Section 35.03 — Powers, Duties, And Reports.
Section 35.05 — Authority Of State Board.
Section 35.051 — Ephedrine And Pseudoephedrine Products.
Section 35.06 — Reporting Disease; Compelling Testimony.
Section 35.063 — Quarantine Maintained.
Section 35.065 — May Not Break Quarantine.
Section 35.0662 — Temporary Emergency Restrictions Hearing.
Section 35.085 — Indemnity For Destroyed Cattle.
Section 35.086 — Bovine Tuberculosis Management Zone; Restrictions.
Section 35.13 — Entry To Premises Forbidden.
Section 35.15 — Transportation Of Livestock; Compliance With Rules.
Section 35.155 — Farmed Cervidae.
Section 35.156 — Chronic Wasting Disease.
Section 35.16 — Transportation Companies To Hold Livestock And Poultry.
Section 35.165 — Liability For Illegally Transporting Livestock.
Section 35.244 — Control Of Bovine Tuberculosis.
Section 35.67 — Rabies Investigation.
Section 35.68 — Rabies Proclamation.
Section 35.69 — Unmuzzled Dogs Not Permitted At Large.
Section 35.751 — Exempt Materials Permit.
Section 35.76 — Garbage, Treatment.
Section 35.77 — Quarantine, Permit For Removal Of Livestock Or Poultry.
Section 35.78 — Inspection And Investigation Of Premises, Records.
Section 35.81 — Transportation Of Animals And Poultry, Rules.
Section 35.815 — Livestock Mortalities.
Section 35.82 — Rendering Plant Permits; Disposition Of Carcasses.
Section 35.822 — Registration Of Marks Or Brands With Board.
Section 35.824 — Application For Registration; Penalties, Duplicate Brands.
Section 35.825 — Checking Of Applications; Conflicts.
Section 35.826 — State Brand Books; Reregistration Of Marks, Brands.
Section 35.827 — Sale Of Brand Books.
Section 35.829 — Transfer Of Brands.
Section 35.830 — Sale Of Branded Livestock; Written Bill Of Sale.
Section 35.90 — General Inspection Authority.
Section 35.91 — Violation Of Rules And Orders.
Section 35.93 — Administrative Action.
Section 35.94 — Damages Against State For Administrative Action Without Cause.