Public Rule Making

Rulemaking Process

The rulemaking process utilized by the Minnesota Board of Animal Health provides three opportunities for public involvement:

  1. 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.
  2. 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.
  3. 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.

Current 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.

Anticipated timeline and related materials for remaining rulemaking as of June 2021:

Attachments for download:

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.

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*:

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:
 

*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
animalhealth@state.mn.us 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

Past Rulemaking

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:

 
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

Shauna Voss

320-441-4055 or shauna.voss@state.mn.us

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
August 21, 2019.

The Board currently has a copy of the
rules and SONAR available for review.

 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
Hearing and the Proposed Rules published
in the State Register on 24 June
2019. 43 SR 1454

Second Notice of Intent to Adopt
Rules Without a hearing published on 22
July 2019. 44 SR 60

 n/a. The Board did not receive any requests for a hearing.

Acronyms:

  • OAH – Office of Administrative Hearings
  • RFC – Request for Comments
  • SONAR – Statement of Need and Reasonableness