No. 26891 (Amendment): R58-21. Trichomoniasis

DAR File No.: 26891
Filed: 01/13/2004, 04:16
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes being made to this rule have been requested by the beef industry.

 

Summary of the rule or change:

The changes in this rule clarify the testing requirements for the prevention of Trichomoniasis and establish the fines for noncompliance.

 

State statutory or constitutional authorization for this rule:

Section 4-31-21

 

Anticipated cost or savings to:

the state budget:

There is no anticipated cost to the state. The cost would be to the owner of the cattle for the testing for Trichomoniasis and for noncompliance to this rule.

 

local governments:

This amendment does not affect local governments; therefore, there is no impact to local government.

 

other persons:

The cost to the owner would be the cost established by the veterinarian for the inspection of the cattle for trichomoniasis.

 

Compliance costs for affected persons:

The noncompliance cost for untested bulls could be $200 per head and for untested bulls that have been exposed to female cattle could be $500 per head.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The cost to the owner would be the amount established by the veterinarian for the inspection of the disease.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3087

 

Direct questions regarding this rule to:

Marolyn Leetham or Earl Rogers at the above address, by phone at 801-538-7114 or 801-538-7162, by FAX at 801-538-7126 or 801-538-7169, or by Internet E-mail at [e-mail] or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/02/2004

 

This rule may become effective on:

03/03/2004

 

Authorized by:

Cary G. Peterson, Commissioner

 

 

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-21. Trichomoniasis.

R58-21-1. Authority.

Promulgated under authority of Section 4-31-21.

 

R58-21-2. Definitions.

Total Confinement Operation - means a dry lot feeding operation where none of the sexually active animals are allowed access to pasture, or to mingle with other cattle outside the confines of the premise.

Commuter Cattle - means cattle traveling across state lines for grazing purposes while utilizing a Commuter Permit Agreement approved by both the respective State Veterinarians, or cattle traveling on a Certificate of Veterinary Inspection where there is no change of ownership.

Official Test - means one where the sample is collected by an accredited veterinarian approved by the department and which is received by the lab within 24 hours of collection. The sample should be transported on acceptable media and maintained at 65 to 90 degrees Fahrenheit. Test samples not meeting this criteria will be discarded and a new sample collected. Acceptable media shall be Diamond Media, or the In Pouch method, or other department approved transport media. The inoculated media shall be incubated at 37 degrees centigrade and monitored for growth at 24 hour intervals for 96 hours. An Official State of Utah Trichomoniasis Test Tag or similar official tag from another state shall be placed in the right ear of any bull so tested.

Qualified Feedlot - means a feedlot approved by the Utah Department of Agriculture and Food to handle INTRASTATE heifers, cows, or bulls which originate from Utah herds. These animals shall be confined to a dry lot area which is used to upgrade or finish feeding animals going only to slaughter.

Positive Herd - means any herd or group of cattle owned by one or more persons which shares common grazing or feeding operations and in which one or more animals has been diagnosed to be infected with trichomoniasis within the last 12 months.

Department - means the Utah Department of Agriculture and Food.

Brand - means a 2 X 3 hot iron single character lazy V applied to the left of the tail of a bull, signifying that the bull is infected with the venereal disease, Trichomoniasis.

Exposed to female cattle - means freedom from restraint such that breeding is a possible activity.

Feeder Bulls - means bulls not exposed to female cattle and kept in total confinement operations for the purpose of feeding and eventual slaughter.

 

R58-21-3. Trichomoniasis - Rules - Prevention and Control.

All bulls nine months of age and older, entering Utah, must be tested for Trichomoniasis by an accredited veterinarian within 30 days prior to entry into Utah. Exceptions include: 1) bulls going directly to slaughter or to a qualified feedlot, 2) feeder bulls kept in total confinement operations, 3) rodeo bulls for the purpose of exhibition, and 4) bulls attending livestock shows for the purpose of exhibition, only to be returned to the state of origin. Rodeo and exhibition bulls with access to grazing, or exposed to female cattle, or being offered for sale are required to be tested prior to entry. Any Certificate of Veterinary Inspection issued for bulls covered under this rule shall bear the statement, Trichomoniasis has not been diagnosed in the herd of origin within the last 12 months, except that, bulls from herds that have tested positive for trichomoniasis within the previous 12 months are required to have three negative tests, no less the one week apart, prior to entry into Utah.

All bulls nine months of age and older residing in Utah, and all commuter bulls must be tested with an official test for trichomoniasis annually, between October 1 and [September 30]May 31 of the following year, and[with an official test] prior to exposure to female cattle. After May 31, owners of untested bulls may be fined $200 per head. Owners of untested bulls that have been exposed to female cattle may be fined up to $500 per head regardless of the time of year. Testing shall be performed by an accredited veterinarian who has been certified to perform testing for trichomoniasis. All bulls from positive herds are required to have three negative tests, no less [the]than one week apart, prior to exposure to female cattle. Exceptions include bulls going to slaughter or to a qualified feedlot, dairy bulls in total confinement operations, and feeder bulls in total confinement operations which are not exposed to female cattle.

All bulls nine months of age and older being offered for sale for reproductive purposes in the state of Utah must be tested for Trichomoniasis with an official test within 30 days prior to sale and shall bear a current official Trichomoniasis test tag. Bulls that have had contact with female cattle subsequent to testing must be re-tested prior to sale.

It shall be the responsibility of the owner or his agent to declare, on the auction drive-in slip, the Trichomoniasis status of a bull being offered for sale at a livestock auction. Untested bulls (i.e. bulls without a current Trichomoniasis test tag), including dairy bulls, may be sold for slaughter only, or for direct movement to a Qualified Feedlot or Total Confinement Operation.

Any bull over nine months of age which is found estray and commingles with another producers female cattle may be required to be tested (or re-tested) for trichomoniasis. The owner of the offending bull shall bear all costs for the official test.

All Utah bulls, which are tested, shall be tagged in the right ear with a current Official State of Utah Trichomoniasis test tag by the accredited veterinarian performing the test. Official tags shall be only those as are authorized by the department and approved by the State Veterinarian office. The color of the approved tag shall be changed yearly. Bulls entering the State of Utah under the provisions of this rule may be tagged upon arrival by an accredited veterinarian upon receipt of the Trichomoniasis test charts from the testing veterinarian. Bulls which bear a current Trichomoniasis test tag from another state which has an official Trichomoniasis testing program will be acceptable to the State of Utah.

All bulls testing positive for Trichomoniasis must be reported immediately to: 1) the owner, and 2) the State Veterinarian, by the veterinarian performing the test. The owner shall be required to notify the administrators of the common grazing allotment and any neighboring (contiguous) cattleman within ten days following such notification by his veterinarian or laboratory.

All bulls which test positive to Trichomoniasis must be sent by direct movement within 14 days, to: 1) slaughter at an approved slaughter facility, or 2) to a Qualified Feedlot for finish feeding and slaughter, or 3) to an approved auction market for sale to one of the above facilities. Such bulls must move only when accompanied by a VS 1-27 Form issued by the testing veterinarian or other regulatory official. Positive bulls entering a Qualified [f]Feedlot, or Approved Auction Market shall be identified with a lazy V brand on the left side of the tail, indicating that the bull is infected with the venereal disease, Trichomoniasis.

A bull is considered positive if Trichomonas organisms are identified when cultured by the examining veterinarian or laboratory. An owner may have the option to request submission of the positive sample to an approved reference laboratory for confirmation by Polymerase Chain Reaction (PCR). As prerequisites to exercising this option, the bull must be 16 months of age or younger and the sample must arrive at the laboratory within 48 hours of being found positive. A sample determined by PCR not to be T. foetus will be considered negative. A sample found to be inconclusive will be considered positive. A bull determined to be negative for T. foetus by PCR must be subsequently tested negative by culture prior to being offered for sale and no sooner than one month after the PCR.

Any person who fails to satisfy the requirements of this rule or who knowingly sells animals infected with Trichomoniasis, other than to slaughter, without declaring their disease status shall be subject to citation and fines as prescribed by the department or may be called to appear before an administrative proceeding by the department.

 

KEY: disease control

[August 2, 2000]2004

4-31-21