Swine Ear Notching Laws in North Dakota: What Pig Owners Need to Know
September 1, 2026
Ear notching has been a cornerstone of swine identification on American farms for generations, and North Dakota pig owners still rely on it today — but the rules governing when a notch counts as official identification are more specific than most producers realize.
Whether you raise purebred breeding stock, feeder pigs, or exhibition animals, the state’s identification requirements tie directly into federal regulations, and choosing the wrong method at the wrong time can create real problems at the sale barn, the state line, or the show ring. This guide walks you through everything you need to understand about swine ear notching laws in North Dakota so you can stay compliant and keep accurate records from birth to market.
What Is Swine Ear Notching and When It Is Used in North Dakota
Ear notching is a permanent identification method in which small V-shaped cuts are made in specific locations on a pig’s ears to encode a unique numerical identity. It gives each animal an inexpensive, individual identity and enables producers to keep an accurate set of records. Unlike an ear tag that can fall out or a tattoo that can fade, a properly placed notch stays readable for the life of the animal.
In North Dakota, ear notching is used across three main contexts: on-farm record keeping for any size operation, purebred registry compliance for breeders of registered breeds, and official interstate identification when the notch has been recorded with a recognized registry. Each context carries different requirements, and understanding which one applies to your situation is the first step.
If pigs can be notched when their tails are docked, or at 1–3 days old, the task is much easier. Most North Dakota producers follow this timing because piglets are already being handled for routine newborn processing, and the small size of the ears at that age makes healing fast. If you allow pigs to become large — around 100 pounds — the task becomes considerably more demanding, and it may be necessary to house them in separate pens until the notches heal.
Pro Tip: Notch each litter on the same day you dock tails and clip needle teeth. Combining procedures minimizes stress on the sow and piglets and ensures the notch heals before weaning.
North Dakota’s swine industry spans commercial farrow-to-finish operations, small hobby farms, and 4-H projects. Ear notching is common across all three, but the legal weight it carries — whether it rises to the level of “official identification” — depends entirely on what you do with the notch after you make it. You can also review transporting livestock laws in North Dakota for a broader look at how identification requirements connect to movement rules across species.
When Ear Notching Qualifies as Official Identification in North Dakota
Not every ear notch is legally equivalent to an official ear tag. Under federal regulations that North Dakota follows, ear notching achieves official identification status only under a specific condition. Ear notching qualifies as official identification when used on any swine, if the ear notching has been recorded with a purebred registry association. This requirement comes directly from 9 CFR §71.19, the federal standard that North Dakota applies to swine imported into the state for breeding or feeder purposes.
Ear notching counts as an approved APHIS identification method if the ear notching has been recorded in the book of record of a purebred registry association. That phrase — “recorded in the book of record” — is the legal threshold. A notch you apply on your own farm and track in a personal spreadsheet does not meet this standard for interstate movement purposes, even if the notch pattern is correct and the records are meticulous.
For swine moving to slaughter within North Dakota, additional options exist. Official eartags can be used on any swine, USDA back tags can be used on swine moving to slaughter, and official swine tattoos are permitted on swine moving to slaughter when authorized by USDA-APHIS-VS. Ear notching, however, remains the method most relevant to breeding stock and purebred animals specifically because of its registry connection.
If you import swine into North Dakota, the identification bar is high. All swine imported into North Dakota for breeding or feeder purposes must be officially, individually identified according to the requirements stated in 9 CFR §71.19. That means a notch on an incoming pig only satisfies the requirement if it traces back to a recognized registry record — not just a farm notation.
Key Insight: If you buy purebred pigs from another state and plan to use ear notching as their official ID in North Dakota, confirm with the seller that the notch is recorded in the registry’s book of record before the animals leave the origin state. A certificate of veterinary inspection alone does not cure a missing registry entry.
How the 1-3-9 Ear Notching System Works
The 1-3-9 system is the standard ear notching method used across the United States, including in North Dakota. The simplest method and the one recommended by most breed associations is ear notching, and the most common notching system is the 1-3-9 system. Once you understand the logic, reading a pig’s identity becomes a matter of simple addition.
Each ear carries a different piece of information. The right ear is used for the litter mark, and all pigs in the same litter must have the same notches in this ear. The left ear is used for notches to show an individual pig’s number in the litter, and each pig will have different notches in the left ear. The left ear is divided into three sections, with values of 1, 3, and 9.
The right (litter) ear carries more capacity because litter numbers can run much higher than individual pig numbers within a litter. The litter mark ear is divided into five sections, and each section has a numerical value — either 1, 3, 9, 27, or 81. Each section, except for 81, can have one or two notches only. You build any number by placing notches in the appropriate zones and adding the values together.
| Ear | Purpose | Zone Values Available | Max Notches Per Zone |
|---|---|---|---|
| Right ear (pig’s right) | Litter number | 1, 3, 9, 27, 81 | 2 (except 81 zone: 1 only) |
| Left ear (pig’s left) | Individual pig number | 1, 3, 9 | 2 per zone |
In zones 1, 3, 9, and 27, there can only be two notches — so two notches in all four zones would represent Litter 80. A notch in zone 81 basically doubles the system. This means the system can accommodate well over 160 litters before repeating, making it practical for large commercial operations and multi-year purebred programs alike.
A common source of confusion is perspective. The reference to left and right ear refers to the pig’s left or right ear as viewed from the rear of the pig — left and right do not refer to the viewer’s left or right when the pig is facing you. Many producers use the memory trick of always looking the pig in the face: read left to right, and you get litter number first, then individual pig number.
Technique matters as much as placement. Small notchers typically make a notch 3/16 to 1/4 inch deep, which is the preferable size for pigs under 25 pounds. For larger pigs, a notcher that makes notches 1/2 inch deep is recommended. Avoid making notches too shallow, as they may become hard to read or possibly heal shut. Leave at least 1/4 inch between notches, and avoid making notches too close to the head.
Pro Tip: Always disinfect your notching tool between litters. Dip the instrument in fresh surgical spirit or alcohol before moving to the next group of piglets to prevent cross-contamination of any health concerns between litters.
For a practical example: a pig identified as 33-7 has a litter number of 33 (two notches in the “3” zone of the right ear equals 6, plus one notch in the “27” zone equals 27, totaling 33) and is the seventh individual pig in that litter. After a pig is notched in its right and left ear, it has a unique identity. That identity travels with the animal for life, which is exactly why registries rely on it.
Ear Notching for Purebred Registry Compliance in North Dakota
If you raise registered purebred swine in North Dakota — Yorkshire, Duroc, Hampshire, Berkshire, Chester White, Spotted, or Landrace — ear notching is almost certainly part of your registry’s requirements. Ear notches are typically made within the first few days of birth, and they help breeders maintain accurate records regarding registration and health records on the farm, such as vaccination records.
The National Swine Registry (NSR) and Certified Pedigreed Swine (CPS) are the two primary registry organizations in the United States that govern multiple breeds. Each ear is divided into four parts, with each area representing the numbers 1, 3, 9, or 27. The right ear is used for the litter mark, and all pigs in the same litter must have the same notches in the right ear. The left ear identifies the individual pig. Submitting registration paperwork without matching notch data — or with notch data that conflicts with what’s on the pig — will result in the registry refusing to record the animal.
The registry recording step is also what elevates a notch from a farm management tool to a legally recognized form of official identification under North Dakota and federal law. Ear notching qualifies as official identification if the ear notching has been recorded in the book of record of a purebred registry association. This means you cannot skip the registration step and still claim the notch as official ID when you move the animal across state lines or present it at a sale requiring official identification.
North Dakota breeders showing purebred swine at fairs and exhibitions face an additional layer. Swine being purchased for exhibition must be officially, individually identified by an approved official USDA tag or official RFID tag. Check with your county extension office or the North Dakota Department of Agriculture before show season to confirm whether your registered, notched animals also need a USDA ear tag for the specific event.
For producers who also raise other small livestock alongside their pigs, the goat ownership laws in North Dakota page covers identification and movement requirements for a related species that often shares facilities with swine operations.
Ear Notching vs. Ear Tags, Tattoos, and RFID in North Dakota
North Dakota follows the federal menu of approved swine identification methods, and each option has a different best-use scenario. Understanding the trade-offs helps you choose the right tool for each class of animal on your operation.
| Method | Best Use Case | Official ID Status | Key Limitation |
|---|---|---|---|
| Ear notching | Purebred registry animals | Yes, if registry-recorded | Requires registry enrollment to be official |
| Official ear tag (USDA) | Any swine, any movement | Yes | Tags can be lost; must bear official shield |
| RFID ear tag | Sow herds, exhibition swine | Yes | Requires compatible reader; applicator not free |
| Official tattoo (USDA-authorized) | Slaughter channel swine | Yes, when authorized | Limited to slaughter movement unless registry-recorded |
| USDA back tag | Slaughter movement only | Yes, slaughter only | Not valid for breeding or feeder movement |
| Premises ID ear tag/tattoo | Feeder and slaughter swine | Yes | Tied to origin premises; not individual ID |
The current list of approved APHIS swine identification devices includes official eartags, USDA backtags only when used on swine moving in slaughter channels, and official swine tattoos issued and authorized by state or federal animal health officials on swine moving in slaughter channels.
RFID is gaining ground rapidly in the swine industry. APHIS is offering no-cost radio frequency identification (RFID) eartags to eligible swine producers, and this program will enhance the speed and accuracy of disease response efforts across the swine industry. APHIS has awarded a contract to Merck Animal Health to supply up to $20 million in RFID tags over the next five years, and these tags are intended for use in the sow and exhibition swine sectors. North Dakota sow producers and show pig operations should check the APHIS swine identification page for current eligibility and ordering details.
One important distinction: there are no changes to official identification requirements applied to swine and small ruminants under the 2024 RFID final rule that mandated electronic tags for cattle and bison. Swine are not subject to that cattle-specific mandate, so you are not legally required to switch your registered, notched breeding stock to RFID simply because the cattle rules changed.
Ear notching holds a practical advantage over tags and tattoos for purebred breeders: it cannot be lost, transferred to another animal, or accidentally removed during routine handling. A tag can be torn out in a fence; a tattoo can fade in a heavily pigmented ear. A correctly placed notch, recorded with the registry, remains readable and legally defensible for the animal’s entire life.
Important Note: If you use both ear notching and an official USDA ear tag on the same animal, ensure the tag number and the notch identity are both listed on the certificate of veterinary inspection for any interstate movement. Inconsistent records between the two systems can delay or void the CVI at the receiving state’s border.
State-Specific Swine Identification Rules That Affect Ear Notching in North Dakota
North Dakota’s swine identification framework sits at the intersection of state animal health authority and federal regulation. The North Dakota Department of Agriculture (NDDA) and the State Board of Animal Health administer the rules, and they align closely with USDA-APHIS requirements under 9 CFR Part 71 and Part 78.
Several state-specific requirements directly affect how and when ear notching fits into your compliance picture:
- Certificate of veterinary inspection (CVI) required for imports: Certificates of veterinary inspection are required on most animals imported into North Dakota. The certificate must be made on official state or federal forms and contain names and addresses of consignor and consignee, with an accurate description and identification of all animals. If ear notching is your identification method, the notch number must appear on the CVI.
- Importation permits for certain animals: Importation permits are required on certain animals entering North Dakota. Permits can be obtained by calling the State Board of Animal Health at the North Dakota Department of Agriculture, 600 E. Boulevard Avenue, Bismarck, ND 58505, phone 701-328-2655.
- PEDv statement requirement: A Porcine Epidemic Diarrhea virus (PEDv) statement is required on all interstate certificates of veterinary inspection and must be signed by the owner as well as the veterinarian, confirming the premises has not had signs or a diagnosis of TGE or PEDv in the last 60 days. This applies regardless of which identification method you use.
- Transitional swine disease testing: Transitional swine originating from states determined to be populated with feral swine must test negative for Brucella suis and Pseudorabies within 30 days prior to movement. Ear notching does not exempt any animal from required disease testing.
- Exhibition swine RFID or USDA tag requirement: Swine purchased for exhibition must carry an approved official USDA tag or official RFID tag — ear notching alone does not satisfy the exhibition purchase identification requirement under North Dakota’s rules.
In addition to disease testing, treatment, vaccination, or identification requirements, the state veterinarian may require additional disease testing, treatment, vaccination, or identification if the state veterinarian has reason to believe other health risks are present. This discretionary authority means the baseline rules are a floor, not a ceiling.
North Dakota does not operate a brand inspection program for swine the way it does for cattle and horses. Other livestock species — including sheep, goats, swine, and poultry — are generally not subject to North Dakota’s brand inspection requirements under the same statutes that govern cattle and equines. This means swine identification compliance runs through the NDDA animal health division and federal APHIS channels, not through the North Dakota Stockmen’s Association’s brand inspection process.
If your operation also raises other regulated animals, the rules for each species are distinct. The backyard chicken laws in North Dakota and beekeeping laws in North Dakota pages cover identification and permitting requirements for poultry and apiary operations that sometimes share land with swine facilities. Producers moving any livestock across state lines should also review pet import laws in North Dakota and the broader livestock transport rules to ensure all documentation aligns before departure.
For the most current requirements — especially for disease testing thresholds that can change with emerging health events — veterinarians signing certificates of veterinary inspection are encouraged to contact the North Dakota State Veterinarian’s office to determine if test requirements are current or if additional testing is required. The NDDA swine movement page and the APHIS NVAP swine identification reference guide are the two authoritative sources to bookmark for ongoing compliance.
Putting It All Together
Ear notching remains a practical, cost-effective, and legally recognized identification tool for North Dakota swine producers — but only when applied correctly and paired with the right documentation. The notch itself is just the beginning; what makes it official is the registry record behind it.
Here is a quick compliance checklist before you move any notched swine:
- Confirm the notch is recorded in the book of record of a recognized purebred registry association if you are using it as official ID.
- Obtain a certificate of veterinary inspection with the notch number accurately listed.
- Secure any required importation permit from the NDDA State Board of Animal Health before the animals cross state lines into North Dakota.
- Include the PEDv owner statement on all interstate CVIs.
- Verify whether the specific movement — breeding, feeder, slaughter, or exhibition — requires a USDA ear tag or RFID in addition to or instead of the notch.
- Check with the North Dakota State Veterinarian’s office for any current disease testing requirements that may apply to the origin state.
Producers who stay on top of these steps will find that ear notching integrates smoothly into a compliant, well-documented swine operation. For questions specific to your herd or movement plans, contact the NDDA Animal Health Division at 701-328-2655 during business hours or reach the after-hours emergency line at (701) 220-5194.