North Carolina § 19A-24 - Powers of Board of Agriculture.

§ 19A-24. Powers of Board of Agriculture.

The Board of Agriculture shall: Establish standards for the care of animals at animal shelters, boarding kennels, pet shops, and public auctions. A boarding kennel that offers dog day care services and has a ratio of dogs to employees or supervisors, or both employees and supervisors, of not more than 10 to one, shall not as to such services be subject to any regulations that restrict the number of dogs that are permitted within any primary enclosure. Prescribe the manner in which animals may be transported to and from registered or licensed premises. Require licensees and holders of certificates to keep records of the purchase and sale of animals and to identify animals at their establishments. Adopt rules to implement this Article, including federal regulations promulgated under Title 7, Chapter 54, of the United States Code. Adopt rules on the euthanasia of animals in the possession or custody of any person required to obtain a certificate of registration under this Article. An animal shall only be put to death by a method and delivery of method approved by the American Veterinary Medical Association, the Humane Society of the United States, or the American Humane Association. The Department shall establish rules for the euthanasia process using any one or combination of methods and standards prescribed by the three aforementioned organizations. The rules shall address the equipment, the process, and the separation of animals, in addition to the animals' age and condition. If the gas method of euthanasia is approved, rules shall require (i) that only commercially compressed carbon monoxide gas is approved for use, and (ii) that the gas must be delivered in a commercially manufactured chamber that allows for the individual separation of animals. Rules shall also mandate training for any person who participates in the euthanasia process. In addition to rules on the euthanasia of animals adopted pursuant to subdivision (5) of subsection (a) of this section, the Board of Agriculture shall adopt rules for the certification of euthanasia technicians. The rules may provide for: Written and practical examinations for persons who perform euthanasia. Issuance of certification to persons who have successfully completed both training and examinations to become a euthanasia technician. Recertification of euthanasia technicians on a periodic basis. Standards and procedures for the approval of persons who conduct training of euthanasia technicians. Approval of materials for use in euthanasia technician training. Minimum certification criteria for persons seeking to become euthanasia technicians including, but not limited to: age; previous related experience; criminal record; and other qualifications that are related to an applicant's fitness to perform euthanasia. Denial, suspension, or revocation of certification of euthanasia technicians who: Violate any provision of this Article or rules adopted pursuant to this Article; Have been convicted of or entered a plea of guilty or nolo contendere to: Any felony; Any misdemeanor or infraction involving animal abuse or neglect; or Any other offense related to animal euthanasia, the duties or responsibilities of a euthanasia technician, or a euthanasia technician's fitness for certification; Make any false statement, give false information, or omit material information in connection with an application for certification or for renewal or reinstatement of certification as a euthanasia technician; or Otherwise are or become ineligible for certification. Provision of the names of persons who perform euthanasia at animal shelters and for the animal shelter to notify the Department when those persons are no longer affiliated, employed, or serving as a volunteer with the shelter. Certified euthanasia technicians to notify the Department when they are no longer employed by or are serving as a volunteer at an animal shelter. The duties, responsibilities, and standards of conduct for certified euthanasia technicians. Regardless of the extent to which the Board exercises its authority under subsection (b) of this section, the Department may deny, revoke, or suspend the certification of a euthanasia technician who has been convicted of or entered a plea of guilty or nolo contendere to a felony involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, or narcotic. Persons seeking certification as euthanasia technicians, or a renewal of such certification, shall provide the Department a fingerprint card in a format acceptable to the Department, a form signed by the person consenting to a criminal record check and the use of the person's fingerprints, and such other identifying information as may be required by the State or national data banks. The Department may deny certification to persons who refuse to provide the fingerprint card or consent to the criminal background check. Fees required by the Department of Public Safety for conducting the criminal background check shall be collected by the Department and remitted to the Department of Public Safety along with the fingerprint card and consent form. History (1977, 2nd Sess., c. 1217, s. 5; 1987, c. 827, s. 62; 2004-199, s. 12; 2005-276, s. 11.5(b); 2005-345, s. 22; 2008-198, s. 2(a); 2010-127, ss. 2, 3; 2014-100, s. 17.1(o).) Editor's Note. - Session Laws 2008-198, s. 2(b), provides: "It is the intention of the General Assembly that the authorization to adopt rules governing euthanasia of animals set out in subsection (b) of G.S. 19A-24, as enacted by subsection (a) of this section, constitute sufficient statutory authority to support the adoption of 02 NCAC 52J.0401 through 02 NCAC 52J.0420, 02 NCAC 52J.0501 and 02 NCAC 52J.0502, 02 NCAC 52J.0602 through 02 NCAC 52J.0610, 02 NCAC 52J.0701 through 02 NCAC 52J.0705, and 02 NCAC 52J.0801 through 02 NCAC 52J.0803, as adopted by the Board of Agriculture on 13 February 2008." Session Laws 2008-198, s. 12 provides, in part: "Section 2 of this act is retroactive to 1 November 2007." Effect of Amendments. - Session Laws 2004-199, s. 12, effective August 17, 2004, added the second sentence in subdivision (1). Session Laws 2005-276, s. 11.5(b), effective October 1, 2005, in the introductory language, substituted "shall" for "may"; and added subdivision (5). Session Laws 2005-345, s. 22, effective July 1, 2005, substituted "required to obtain a certificate of registration" for "licensed" in the first sentence of subdivision (5). Session Laws 2008-198, s. 2(a), effective November 1, 2007, designated the previously existing provisions as subsection (a); and added subsection (b). Session Laws 2010-127, ss. 2 and 3, effective October 1, 2010, in the introductory paragraph in subsection (b), substituted "shall adopt rules for the certification of euthanasia technicians. The rules may provide for" for "may adopt rules on the euthanasia of animals for"; subdivided and rewrote subdivision (b)(7), which formerly read: "Denial, suspension, or revocation of certification of euthanasia technicians who either violate any provision of the Animal Welfare Act pursuant to Article 3 of Chapter 19A of the General Statutes or otherwise become ineligible for certification"; and added subsections (c) and (d). Session Laws 2014-100, s. 17.1(o), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" twice in subsection (d).