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

§ 19A‑24.  Powers ofBoard of Agriculture.

(a)        The Board ofAgriculture shall:

(1)        Establish standardsfor the care of animals at animal shelters, boarding kennels, pet shops, andpublic auctions. A boarding kennel that offers dog day care services and has aratio 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 anyregulations that restrict the number of dogs that are permitted within anyprimary enclosure.

(2)        Prescribe the mannerin which animals may be transported to and from registered or licensedpremises.

(3)        Require licenseesand holders of certificates to keep records of the purchase and sale of animalsand to identify animals at their establishments.

(4)        Adopt rules toimplement this Article, including federal regulations promulgated under Title7, Chapter 54, of the United States Code.

(5)        Adopt rules on theeuthanasia of animals in the possession or custody of any person required toobtain a certificate of registration under this Article. An animal shall onlybe put to death by a method and delivery of method approved by the AmericanVeterinary Medical Association, the Humane Society of the United States, or theAmerican Humane Association. The Department shall establish rules for theeuthanasia process using any one or combination of methods and standardsprescribed by the three aforementioned organizations. The rules shall addressthe equipment, the process, and the separation of animals, in addition to theanimals' age and condition. If the gas method of euthanasia is approved, rulesshall require (i) that only commercially compressed carbon monoxide gas isapproved for use, and (ii) that the gas must be delivered in a commerciallymanufactured chamber that allows for the individual separation of animals.Rules shall also mandate training for any person who participates in theeuthanasia process.

(b)        In addition torules on the euthanasia of animals adopted pursuant to subdivision (5) ofsubsection (a) of this section, the Board of Agriculture may adopt rules on theeuthanasia of animals for:

(1)        Written andpractical examinations for persons who perform euthanasia.

(2)        Issuance ofcertification to persons who have successfully completed both training and examinationsto become a euthanasia technician.

(3)        Recertification ofeuthanasia technicians on a periodic basis.

(4)        Standards andprocedures for the approval of persons who conduct training of euthanasiatechnicians.

(5)        Approval ofmaterials for use in euthanasia technician training.

(6)        Minimumcertification criteria for persons seeking to become euthanasia techniciansincluding, but not limited to: age; previous related experience; criminalrecord; and other qualifications that are related to an applicant's fitness toperform euthanasia.

(7)        Denial, suspension,or revocation of certification of euthanasia technicians who either violate anyprovision of the Animal Welfare Act pursuant to Article 3 of Chapter 19A of theGeneral Statutes or otherwise become ineligible for certification.

(8)        Provision of thenames of persons who perform euthanasia at animal shelters and for the animalshelter to notify the Department when those persons are no longer affiliated,employed, or serving as a volunteer with the shelter.

(9)        Certified euthanasiatechnicians to notify the Department when they are no longer employed by or areserving as a volunteer at an animal shelter.

(10)      The duties,responsibilities, and standards of conduct for certified euthanasiatechnicians.  (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).)