No. 37262 (Amendment): Rule R58-1. Admission and Inspection of Livestock, Poultry, and Other Animals

(Amendment)

DAR File No.: 37262
Filed: 02/07/2013 08:59:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add definitions and make modifications to the rule that are needed since the last revision. Subsections and definitions were modified so they are consistent with DAR guidelines.

Summary of the rule or change:

The changes are: 1) added "Identification" to the title to reflect the addition of language to conform with the Federal Animal Disease Traceability Rule that goes into law on 03/11/2013; 2) renumbered subsections to conform to required rule format; 3) edited definitions that conform to standard formatting; 4) added definitions for: Animal Identification Number (AIN), Approved livestock facility, Approved tagging site, Certificate of Veterinary Inspection, Dairy Cattle, designated brucellosis surveillance area, Exotic animal, Flock-based number system, Flock Identification Number (FIN), Group/Lot Identification Number (GIN), Import permit, Interstate movement, Location Identification (LID) Number, National Uniform Eartagging System (NUES) Official eartag, Official eartag shield, Official identification device or method, Official identification number, Officially identified, Premises Identification Number (PIN) Suspect, United States Department of Agriculture (USDA) approved backtag, and Zoological animal; 5) added Section R58-1-3. Official Identification Devices and Methods; 6) renumbered Section R58-1-3 to R58-1-4; 7) renumbered Section R58-1-4 to R58-1-5; 8) added Subsection R58-1-5(a) "Failure to obtain written permission may result in a citation."; 9) added to Subsection R58-1-5(3) that a Certificate of Veterinary Inspection must be submitted to the Department "within 7 calendar days from date on which the Certificate of Veterinary Inspection or other document is received or issued"; 10) added Subsection R58-1-5(6) "Certificate of Veterinary Inspection are considered valid for 30 days from the date of inspection."; 11) renumbered Section 58-1-5 to R58-1-6; 12) Subsection R58-1-6(2)(ii) now allows individual identification to be included on "A copy of the official brucellosis or tuberculosis test sheets must be stapled to each copy of the Certificate of Veterinary Inspection"; 13) Subsection R58-1-7(a) now requires all cattle and bison heifers that are between 4 to 12 months of age to be vaccinated for brucellosis; 14) Subsection R58-1-7(a) now requires all cattle and bison cattle that are over 12 months of age to be vaccinated for brucellosis or tested negative (new option); 15) Subsection R58-1-7(d) now requires all cattle and bison cattle that are over 12 months of age to be tested negative for brucellosis if coming from a designated brucellosis surveillance area; 16) renumbered Section R58-1-6 to R58-1-7; 17) Subsection R58-1-7(4) now requires all stallions and semen imported into Utah to have an import permit issued (prior requirement was for EVA positive stallions and semen only); 18) renumbered Section R58-1-7 to R58-1-8; 19) renumbered Section R58-1-8 to R58-1-9; 20) renumbered Section R58-1-9 to R58-1-10 and added import requirement for poultry to this section; 21) renumbered Section R58-1-10 to R58-1-11 and required an import permit for all goat and camelids. Also required all goats and sheep that enter the State to comply with federal scrapie identification requirements; 22) renumbered Section R58-1-11 to R58-1-12 and removed the requirement for obtaining an import permit from psittacine and passerine birds and raptors; 23) renumbered Section R58-1-12 to R58-1-13 and added "All dogs, cats and ferrets over three months of age must be currently vaccinated against rabies before entering Utah" to clarify the age of vaccination requirement. Also, added a prohibition that puppies and kittens that are less than 8 weeks of age cannot be imported into Utah unless accompanied by the mother; 24) added Section R58-1-14 that cover exotic animals; 25) renumbered Section R58-1-13 to R58-1-15; 26) renumbered Section R58-1-13a to R58-1-16; 27) renumbered Section R58-1-14 to R58-1-17; 28) renumbered Section R58-1-15 to R58-1-18; and 29) renumbered Section R58-1-16 to R58-1-19.

State statutory or constitutional authorization for this rule:

• Title 4, Chapter 31
• Subsection 4-2-2(1)(c)(i)
• Subsection 4-2-2(1)(j)

Anticipated cost or savings to:

the state budget:

The changes to Rule R58-1 will not change the state budget. Although, by not requiring import permits on exotic animals, Division of Animal Industry personnel will be freed up to conduct other duties more efficiently.

local governments:

This rule has only affected local government when a case was brought before a judge. This has only occurred once in the last ten years so the Division does not expect this rule change to affect local government.

small businesses:

The rule change will affect buyers of cattle at livestock markets out of state in that they will no longer be required to have cattle tested for brucellosis when bringing cattle into the State of Utah. Veterinarians will no longer be required to call the Division of Animal Industry for an import permit on those animals that have had that requirement removed. Requiring import permits on meat goats and camelids, as well as stallions will not affect veterinarians to a great extent as fewer are imported into Utah. The biggest effect on small businesses (livestock and poultry producers and veterinarians) will be in complying with the Federal Animal Disease Traceability Rule that will go into law on 03/11/2013. The Department hopes to lower those costs in providing identification devices and other tools at no or low cost.

persons other than small businesses, businesses, or local governmental entities:

This rule change will not affect any other entities other than those individuals businesses listed under "Small businesses" above.

Compliance costs for affected persons:

Compliance costs will be reduced overall for importation of animals into Utah with the greatest impact being seen for cattle imported from an auction market in a brucellosis free state (at the present time all states are brucellosis free). The costs associated with compliance to the Federal Animal Disease Traceability rule will be determined as it goes into law.

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

The changes to Rule R58-1 will have minimal impact on businesses, except that cattle dealers and producers will see a marked reduction in costs associated with testing of cattle for brucellosis at out-of-state auction markets and sales. This rule change was presented to the Agricultural Advisory Board on 01/22/2013 and approved.

Leonard M. Blackham, Commissioner

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 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Wyatt Frampton at the above address, by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at [e-mail]
• Bruce King at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at [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:

04/01/2013

This rule may become effective on:

04/08/2013

Authorized by:

Leonard Blackham, Commissioner

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-1. Admission, Identification, and Inspection of Livestock, Poultry, and Other Animals.

R58-1-1. Authority.

(1)[A.] Promulgated under the authority of Title 4, Chapter 31 and Subsections 4-2-2(1)(c)(i), 4-2-2(1)(j).

(2)[B.] It is the intent of these rules to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within the State of Utah (INTRASTATE) and the importation of animals into the state (INTERSTATE).

 

R58-1-2. Definitions.

(1)[A.] "Accredited Veterinarian" means a[- A] veterinarian approved by the Deputy Administrator of Veterinary Services (VS), Animal and Plant Health Inspection Services (APHIS), United States Department of Agriculture (USDA), in accordance with the provisions of 9 CFR 161 to perform functions required by cooperative State-Federal disease control and eradication programs.

(2) "Animal identification number (AIN)" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal. The AIN consists of 15 digits, with the first 3 being the country code (840 for the United States or a unique country code for any U.S. territory that has such a code and elects to use it in place of the 840 code).

(3)[B.] "Animals" means a[- A]ll vertebrates, except humans.

(4) "Approved livestock facility" means a stockyard, livestock market, buying station, concentration point, or any other premises under State or Federal veterinary inspection where livestock are assembled and that has been approved by the Department.

(5)[C.] "Approved Livestock Market" means a[- A] livestock market that is licensed by the Department under Title 4, Chapter 30, Livestock Markets[market which meets the requirements as outline in 9 CFR 78, which is incorporated by reference, Title 4, Chapter 30, Utah Code Unannotated:and R58-7, Utah Administrative Code].

(6)[D.] "Approved Slaughter Establishment" means a[- A] State or Federally inspected slaughter establishment at which ante-mortem and post-mortem inspection is conducted by State or Federal inspectors.

(7) "Approved tagging site" means a premises, authorized by Department, where livestock may be officially identified on behalf of their owner or the person in possession, care, or control of the animals when they are brought to the premises.

(8)[E.] "Brand Inspection Certificate" means a[- A]n official form, issued by a government agency or other agency responsible for animal identification in the state of origin, used to transfer title of livestock; listing the identification marks of the animals(s) as well as the consignor and consignee contact information.

(9)[F.] "Camelidae" means a[- A] term referring to members of the family of animals which for the purposes of these rules includes camels ( Camelus dromedarius and Camelus bactrianus) , llamas (Lama glama) , alpacas (Vicugna pacos) , guanacos (Lama guanicoe) , and vicunas (Vicugna vicugna) .

(10)[G.] "Captive Cervidae" means a[- A] term referring to members of the family of animals which for the purposes of these rules includes captive bred Caribou (Reindeer (Rangifer tarandus) ), captive bred Elk ( Cervus canadensis nelsoni) , and captive bred Fallow deer (Dama dama) or any other captive bred cervidae allowed with permission from the S[s]tate V[v]eterinarian and the Utah Division of Wildlife Resources.

(11) "Certificate of Veterinary Inspection" means an official paper or electronic form completed by an accredited veterinarian that has examined the animal or animals listed on the certificate and has completed all disease testing or vaccinations as required.

(12)[H.] "Commuter herd[cattle]" means a[- A] herd of cattle located in two or more states that is documented as a valid ranching operation by those states in which the herd is located and which requires movement of cattle interstate from a farm of origin or returned interstate to a farm of origin in the course of normal ranching operations, without change of ownership, directly to or from another premise owned, leased, or rented by the same individual.

(13) "Commuter herd agreement" means a written agreement between the owner(s) of a herd of cattle and the animal health officials for the States or Tribes of origin and destination specifying the conditions required for the interstate movement from one premises to another in the course of normal livestock management operations and specifying the time period, up to 1 year, that the agreement is effective. A commuter herd agreement may be renewed annually.

(14) "Dairy cattle" means all cattle, regardless of age or sex or current use, that are of a breed(s) used to produce milk or other dairy products for human consumption, including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, Milking Shorthorn, and Red and Whites.

(15)[I.] "Department" [-]means the Utah Department of Agriculture and Food.

(16) "Designated brucellosis surveillance area" means an area within a state that has been designated by the animal health official of that state as an area of increased disease risk for bovine brucellosis.

(17)[J.] "Direct Movement" [-]means the m[M]ovement in which the animals are not unloaded enroute to their final destination , except for stops of less than 24 hours to feed, water, or rest the animals being moved, and not commingled with another producer's animals.

(18) "Exotic animal" means a rare or unusual animal pet or an animal, not commonly thought of as a pet, kept within a human household. For this chapter, rodents, reptiles, and amphibians are considered exotic animals.

(19)[K.] "Exposed "[Animal", "Reactor", "Suspect",] means an animal that has been in contact with or on the same premises of or within a quarantine zone where animals with a contagious or communicable disease are present[as defined in the United States Department of Agriculture; Animal and Plant Health Inspection Service and Veterinary Services Brucellosis Eradication Uniform Methods and Rules, and 9 CFR 78].

(20)[L.] "Farm of Origin " [- For the purposes of this rule,] means the farm where the animal was born and remain prior to importation into the state.

(21) "Flock-based number system" means the flock-based number system that combines a flock identification number (FIN) with a producer's unique livestock production numbering system to provide a nationally unique identification number for an animal.

(22) "Flock identification number (FIN)" means a nationally unique number assigned by a State, Tribal, or Federal animal health authority to a group of animals that are managed as a unit on one or more premises and are under the same ownership.

(23) "Group/lot identification number (GIN)" means the identification number used to uniquely identify a "unit of animals" of the same species that is managed together as one group throughout the preharvest production chain.

(24) "Import Permit" means a number given by the Department to the issuing veterinarian that is recorded on the certificate of veterinary inspection and is required before movement of the animals into the state.

(25) "Interstate movement" means movement of animals from one State into or through any other State.

(26)[M.] "Livestock Market Veterinarian" means a[- A] Utah licensed and USDA accredited veterinarian appointed by the Utah Department of Agriculture and Food to work at approved[in] livestock markets[ in livestock health and movement matters].

(27) "Location identification (LID) number" means a nationally unique number issued by a State, Tribal, and/or Federal animal health authority to a location as determined by the State or Tribe in which it is issued. The LID number may be used in conjunction with a producer's own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may also be used as a component of a group/lot identification number (GIN).

(28) "National Uniform Eartagging System (NUES)" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal.

(29)[N.] "Official Calfhood Vaccinate" means [- F]female bison or cattle vaccinated by a USDA Veterinary Services representative, State certified technician, or accredited v[V]eterinarian with an approved dose of RB51 v[V]accine or other USDA approved agent while from 4 to 12 months of age in accordance with its labeling. These cattle must be properly identified by official tattoos and ear tag or registration tattoo and be reported on an official vaccination certificate (VS Form 4-24) within 30 days to the State Veterinarian.

(30) "Official eartag" means an identification tag approved by the Department that bears an official identification number for individual animals. The official eartag must be tamper-resistant and have a high retention rate in the animal.

(31) "Official eartag shield" means the shield‐shaped graphic of the U.S. Route Shield with "U.S." or the State postal abbreviation or Tribal alpha code imprinted within the shield.

(32) "Official identification device or method" means a means approved by the Department of applying an official identification number to an animal of a specific species or associating an official identification number with an animal or group of animals of a specific species or otherwise officially identifying an animal or group of animals.

(33) "Official identification number" means a nationally unique number that is permanently associated with an animal or group of animals.

(34) "Officially identified" means identified by means of an official identification device or method approved by the Department.

(35)[O.] "Poultry" [- The term shall] means domestic fowl (chickens, turkeys, ducks, geese, and guinea and pea fowl ), pigeons and doves, pheasants and other gamebirds, [domestic fowl, waterfowl] and ratites[gamebirds].

(36) "Premises identification number (PIN)" means a nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health authority a geographically distinct location from other premises.

(37)[P.] "Qualified Feedlot" means a[- A] feedlot approved by the Utah Department of Agriculture and Food to handle heifers, cows or bulls which are either official calfhood vaccinated, or brucellosis unvaccinated animals confined to a drylot area which is used to upgrade or finish feeding animals going only to slaughter or another qualified feedlot. All such animals must be kept separate from other animals not destined for slaughter.

(38)[Q.] "Quarantine" means a[- A] verbal or written restriction of movement of animals into or out of an area or premise, issued by a State Animal Health Official[representative of the Utah Department of Agriculture and Food under authority of the Commissioner of Agriculture].

(39)[R.] " Reactor[Reportable Disease List]" means [- A] any animal that has been determined by a designated brucellosis epidemiologist to be infected with brucellosis based on test results, herd/flock history, and/or culture results[ list of diseases and conditions that may affect the health and welfare of the animals or the public which are reportable to the state veterinarian].

(40) "Suspect" means any animal that may be infected with a contagious, infectious, or communicable disease based on test results and/or herd/flock history.

(41)[S.] "Test Eligible Cattle and Bison" means a[- A]ll cattle or bison six months of age or older, except:

1. Steers, spayed heifers;

2. Official calfhood vaccinates of any breed under 24 months of age which are not parturient, springers, or post parturient[;

3. Official calfhood vaccinates, dairy or beef breeds of any age, which are Utah Native origin.

4. Utah Native Bulls from non-infected herds].

(42) "United States Department of Agriculture (USDA) approved backtag" means a backtag issued by APHIS that provides a temporary unique identification for each animal.

(43) "Zoological animal" means an animal kept at a zoological garden (zoo) or other exhibition that is inspected on a regular basis by the United States Department of Agriculture.

 

R58-1-3. Official Identification Devices and Methods.

(1) Any State, Tribe, accredited veterinarian, or other person or entity who distributes official identification devices must maintain for 5 years a record of the names and addresses of anyone to whom the devices were distributed.

(2) An official identification number is a nationally unique number that is permanently associated with an animal or group of animals and that adheres to one of the following systems:

(a) National Uniform Eartagging System (NUES).

(b) Animal identification number (AIN).

(c) Location-based number system.

(d) Flock-based number system.

(e) Any other numbering system approved by the animal health official of the state of origin for the official identification of animals.

(3) The Department has approved the following official identification devices or methods for the species listed.

(a) The Department may authorize the use of additional devices or methods for a specific species if the Department determines that such additional devices or methods will provide for adequate traceability.

(4) Cattle and bison that are required to be officially identified for interstate movement must be identified by means of:

(a) An official eartag; or

(b) Brands registered with a recognized brand inspection authority and accompanied by an official brand inspection certificate, when agreed to by the shipping and receiving State or Tribal animal health authorities; or

(c) Tattoos and other identification methods acceptable to a breed association for registration purposes, accompanied by a breed registration certificate, when agreed to by the shipping and receiving State or/Tribal animal health authorities; or

(d) Group/lot identification when a group/lot identification number (GIN) may be used.

(5) Horses and other equine species that are required to be officially identified for interstate movement must be identified by one of the following methods:

(a) A description sufficient to identify the individual equine including, but not limited to, name, age, breed, color, gender, distinctive markings, and unique and permanent forms of identification when present (e.g., brands, tattoos, scars, cowlicks, blemishes or biometric measurements); or

(b) Electronic identification that complies with ISO 11784/11785; or

(c) Non-ISO electronic identification injected to the equine on or before June 30, 2013; or

(d) Digital photographs sufficient to identify the individual equine.

(6) Poultry that are required to be officially identified for interstate movement must be identified by one of the following methods:

(a) Sealed and numbered leg bands; or

(b) Group/lot identification when a group/lot identification number (GIN) may be used.

(7) Sheep and goats that are required to be officially identified for interstate movement must be identified by one of the following methods:

(a) Electronic implants when accompanied by a certificate or owner statement that includes the electronic implant numbers and the name of the chip manufacturer; or

(b) Official eartags, including tags approved for use in the Scrapie Flock Certification Program or APHIS-approved premises identification number eartags when combined with a unique animal identification number; or

(c) United States Department of Agriculture backtags or official premises identification backtags that include a unique animal identification number, when used on sheep or goats moving directly to slaughter and when applied within 3 inches of the poll on the dorsal surface of the head or neck; or

(d) Legible official registry tattoos that have been recorded in the book of record of a sheep or goat registry association when the animal is accompanied by either a registration certificate or a certificate of veterinary inspection.

(i) These tattoos may also be used as premises identification if they contain a unique premises prefix that has been linked in the National Scrapie Database with the assigned premises identification number of the flock of origin; or

(e) Premises identification eartags or tattoos, if the premises identification method includes a unique animal number or is combined with a flock eartag that has a unique animal number and the animal is accompanied by an owner statement; or

(f) Premises identification when premises identification is allowed and the animal is accompanied by an owner statement; or

(g) Any other official identification method or device approved by the animal health official of the state of origin.

(8) Swine that are required to be officially identified for interstate movement must be identified by one of the following methods:

(a) Official eartags; or

(b) United States Department of Agriculture backtags, when used on swine moving to slaughter; or

(c) Official swine tattoos, when used on swine moving to slaughter; or

(d) Ear notching when used on any swine, if the ear notching has been recorded in the book of record of a purebred registry association; or

(e) Tattoos on the ear or inner flank of any swine, if the tattoos have been recorded in the book of record of a swine registry association;

(f) For slaughter swine and feeder swine, an eartag or tattoo bearing the premises identification number assigned by the State animal health official to the premises on which the swine originated; or

(g) Any other official identification device or method that is approved by the animal health official of the state of origin; or

(h) Group/lot identification when a group/lot identification number (GIN) may be used.

(9) Captive cervids that are required to be officially identified for interstate movement must be identified by one of the following methods:

(a) Official eartag; and

(b) A tattoo that is placed peri-anally or inside the right ear and consist of a number assigned by the animal health official of the state of origin; or

(c) A microchip that has been placed in the right ear.

 

R58-1-4[3]. Intrastate Cattle Movement - Rules - Brucellosis.

(1)[A.] The State Veterinarian may require brucellosis testing of cattle, bison, and elk, moving intrastate as necessary to protect against potential disease threat or outbreak.

(2)[B.] Utah Department of Agriculture and Food Livestock Inspectors will help regulate i[I]ntrastate movement of cattle according to Brucellosis rules at the time of change of ownership inspection.

 

R58-1-5[4]. Interstate Importation Standards.

(1)[A.] No animal, poultry or bird of any species or other animal including wildlife, that is known to be affected with or has been exposed to a contagious, infectious or communicable disease, or that originates from a quarantined area, shall be shipped, transported or moved into the State of Utah until written permission for such entry is first obtained from the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services Division, and the Utah Department of Agriculture and Food, State Veterinarian or Commissioner of Agriculture.

(a) Failure to obtain written permission may result in a citation.

(2)[B. Certificate of Veterinary Inspection.] An official Certificate of Veterinary Inspection issued by an accredited veterinarian is required for importation of all animals.

(3) A copy of the certificate shall be immediately forwarded to the Utah Department of Agriculture and Food by the issuing veterinarian or the animal health official of the state of origin within 7 calendar days from date on which the Certificate of Veterinary Inspection or other document is received or issued.

(4)[C.] Import p[P]ermits[.] for l[L]ivestock, poultry and other animals [import permits] may be obtained[issued] by telephone or via the internet to the accredited veterinarian responsible for issuing a Certificate of Veterinary Inspection.

(5) Certificates of Veterinary Inspection are considered valid for 30 days from the date of inspection.

 

R58-1-6[5]. Cattle and Bison.

(1)[A.] A Certificate of Veterinary Inspection and an import permit must accompany all cattle and bison imported into the state.

(2)[B.] All cattle and bison must carry some form of individual identification as listed in R58-1-3(4).[, such as;

1. A brand registered with an official brand agency, or

2. An ear tag, or

3. A registration tattoo. ]

(a)[4.] I ndividual identification must be listed on the Certificate of Veterinary Inspection.

(i) Official individual identification used for testing purposes must be shown on the Certificate of Veterinary Inspection ; or

(ii) A copy of the official brucellosis or tuberculosis test sheets must be stapled to each copy of the Certificate of Veterinary Inspection.

(b)[5.] All cattle and bison imported into Utah from Canada, except those imported directly to slaughter, must be permanently branded with the letters CAN, not less than two (2) inches high nor more than three (3) inches high, placed high on the right hip.

(3)[C.] The import permit number must be listed on the Certificate of Veterinary Inspection.

(4)[D.] The following cattle are exempted from ( 1[A]) above:

(a)[1.] Cattle consigned directly to slaughter at an approved slaughter establishment; or[and]

(b)[2.] Cattle consigned directly to a State or Federal approved Auction Market.

(c)[3.] Movements under Subsections R58-1-5( 4[D])( a[1]), and R58-1-5( 4[D])( b[2]) must be in compliance with state and federal laws and regulations and must be accompanied by a weighbill, brand certificate, or similar document showing some form of positive identification, signed by the owner or shipper stating the origin, destination, number and description of animals and purpose of movement.

(d)[4.] Commuter cattle are exempt as outlined in Subsection R58-1-5( 6[F]).

(5)[E.] A brand inspection certificate or proof of ownership, which indicates the intended destination, is required for cattle entering the state.

(6)[F.] Commuter cattle may enter Utah or return to Utah after grazing if the following conditions are met.

(a)[1.] A commuter permit approved by the import state and the State of Utah must be obtained prior to movement into Utah. This will allow movements for grazing for the current season if the following conditions are met:

(i)[a.] All cattle shall meet testing requirements as to State classification for interstate movements as outlined in 9 CFR 1-78, which is incorporated by reference; USDA, Animal and Plant Health Inspection Services, Brucellosis Eradication, Uniform Methods and Rules, October 1, 2003, and approved by cooperating States.

(ii)[b.] Commuter cattle shall not be mixed with quarantined, exposed, or suspect cattle nor change ownership during the grazing period.

(iii)[c.] All bulls used in the commuter herd must be tested annually for trichomoniasis as required by the S[s]tate of Utah.

(b)[2.] No quarantined, exposed or reactor cattle shall enter Utah.

(7)[G.] Prior to importation of cattle or bison into Utah the following health restrictions must be met.

(a)[1.] Bison and cattle[beef breed] heifers of vaccination age between four and 12 months must be officially calfhood vaccinated for brucellosis prior to entering Utah[. All female bison and beef breed cattle imported to Utah must have a legible brucellosis calfhood vaccination tattoo to be imported or sold into the State of Utah], unless;

(i) going directly to slaughter, or

(ii) qualified feedlot to be sold for slaughter, or

(iii) to an approved livestock market to be sold for slaughter or for vaccination.

(iv)[a.] Bison and cattle[beef breed] heifers of vaccination age may be vaccinated upon arrival by special permit from the S[s]tate V[v]eterinarian.

(b) All female bison and cattle over 12 months of age imported to Utah must have evidence of a brucellosis calfhood vaccination tattoo to be imported or sold into the State of Utah, unless;

(i) going directly to slaughter, or

(ii) qualified feedlot to be sold for slaughter, or

(iii) to an approved livestock market to be sold for slaughter, or

(iv) tested negative for Brucella abortus within 30 days prior to entry.

[ 2. Test eligible cattle imported from states designated as brucellosis free, that are acquired directly from the farm of origin and moving directly to the farm of destination are not required to be tested for brucellosis prior to movement.

] (c)[3.] Test eligible cattle imported from states designated as brucellosis free, but are coming from a designated brucellosis surveillance area within that state,[that are acquired through "trading channels", or any "non-farm of origin source"] must be tested negative for brucellosis within 30 days prior to entry.

(i) Test eligible cattle may enter the state prior to testing with approval from the State Veterinarian but must be tested immediately upon arrival and the cattle must be kept isolated away from other cattle until tested negative.

(d)[4.] All test eligible cattle imported from states that have not been designated as brucellosis free must test negative for brucellosis within 30 days before movement into Utah.

(e)[5.] Exceptions to the above testing requirements include exhibition animals and t[T]est e[E]ligible c[C]attle imported to Utah and moving directly to:

(i)[a.] an approved livestock market, or

(ii)[b.] to a "qualified feedlot", or

(iii)[c.] for immediate slaughter to an approved slaughter establishment.

(f)[6.] No reactor cattle, or cattle from herds under quarantine for brucellosis will be allowed to enter the state except when consigned to an approved slaughter establishment. An import permit and a Veterinary Services Form 1-27 prior to shipment are also required.

(g)[7.] Entry of cattle which have been retattooed is not permitted unless they are moved for immediate slaughter to an approved slaughter establishment or to not more than one state or federal approved market for sale to a qualified feedlot or slaughtering establishment.

[ 8. Entry of cattle which have been adult vaccinated is not permitted unless they are for immediate slaughter to an approved slaughter establishment.

] (h)[9.] A negative tuberculosis test is required within 60 days prior to shipment for all dairy cattle 2 months of age and older and bison 6 months of age and older.

(i)[10.] Breeding cattle originating within a quarantined area or from reactor or exposed herds and all cattle from an area which is not classified as Tuberculosis Free [according to 9 CFR,77] are required to be tested for tuberculosis within 60 days prior to entry to Utah.

(j)[11.] Rodeo bulls and roping steers must be tested annually during the calendar year for tuberculosis prior to entry to Utah.

(k)[12.] No cattle infested[affected] with, or exposed to scabies shall be moved into Utah. Cattle from a county where scabies ha s[ve] been diagnosed during the past 12 months must be officially treated within 10 days prior to shipment into Utah. The date of treating and products used must be shown on the Certificate of Veterinary Inspection.

(l)[13.] No cattle infested with ticks that can transmit splenic or tick fever, or exposed to tick infestations shall be imported into the State of Utah for any purpose.

(m)[14.] All bulls imported to Utah shall be in compliance with R58-21-3(A), which requires testing of all bulls over twelve[nine] months of age for t[T]richomoniasis prior to entry, with some exceptions which are for slaughter, rodeo, exhibition, and [dairy] bulls kept in confinement.

 

R58-1-7[6]. Horses, Mules, Asses, and Other Equidae.

(1)[A.] Equidae may be imported into the State of Utah when accompanied by an official Certificate of Veterinary Inspection.

(2)[B.] The Certificate of Veterinary Inspection must show a negative Equine Infectious Anemia (EIA)(Coggins - AGID or ELISA) test within one year previous to the time the certificate was issued.

(a)[1.] Entry of equidae into Utah shall not be allowed until the EIA test has been completed and reported negative.

(b)[2.] Equidae which test positive to the EIA test shall not be permitted entry into Utah, except by special written permission from the S[s]tate V[v]eterinarian.

(c)[3.] A nursing foal less than six (6) months of age accompanied by its EIA negative dam is exempt from the test requirements.

(3)[C.] Utah horses returning to Utah as part of a commuter livestock shipment are exempted from the Certificate of Veterinary Inspection requirements; however, a valid Utah horse travel permit as outlined under Sections 4-24-22 or 4-24-23 and Section R58-9-4 is required for re-entering Utah.

(4)[D.] An import permit issued by the Department must accompany all stallions or semen.

(5) All stallions used for breeding that enter Utah or stallions whose semen will be shipped to Utah shall be tested for Equine Viral Arteritis (EVA) by an accredited veterinarian within 30 days prior to entry.

(a)[1.] Exceptions are stallions that have proof of negative EVA status prior to vaccination and proof of subsequent yearly vaccination.

(b)[2.] The EVA test or vaccination status must be recorded on the Certificate of Veterinary Inspection.

(c)[3.] Breeding stallions and semen infected with Equine Arteritis Virus must [obtain a prior import permit and] be handled only on an a[A]pproved f[F]acility as required by R58-23.

 

R58-1-8[7]. Swine.

(1)[A.] Swine [for stocking, breeding, feeding or exhibition] may be shipped into the state if the following requirements are met:

(a)[1.] All swine must be accompanied by an approved Certificate of Veterinary Inspection stating they have not been fed raw garbage.

(i)[a.] The Certificate of Veterinary Inspection must show individual identification, ear tags, tattoos, registration numbers, micro[]chips or other permanent means.

(b)[2.] An import permit issued by the Department must accompany all swine imported into the state.

(c)[3.] All breeding and exhibition swine over the age of three months shipped into Utah shall be tested negative for brucellosis within 30 days prior to movement into the state or originate from a validated brucellosis free herd or brucellosis free state.

(i)[a.] A validated brucellosis free herd number and date of last test is required to be listed on the Certificate of Veterinary Inspection.

(ii)[b.] Swine from states with serious disease occurrences or known populations of feral or wild hogs may be required to be tested for Brucellosis prior to entry to Utah.

(d)[4.] All breeding, feeding and exhibition swine shall be tested negative for pseudorabies within thirty days unless they originate from a recognized qualified pseudorabies free herd or pseudorabies Stage V state.

(i)[a.] Swine that have been vaccinated with any pseudorabies vaccine shall not enter the state.

(ii)[b.] Swine which are infected or exposed to pseudorabies may not enter the state, except swine consigned to a slaughterhouse for immediate slaughter and must be moved in compliance with 9 CFR 71, which is incorporated by reference.

(iii)[c.] Swine from states with known populations of feral or wild hogs maybe required to be tested for Pseudorabies prior to entry to Utah.

[ B. Immediate Slaughter

1. Swine shipped into Utah for immediate slaughter must not have been fed raw garbage, must be shipped in for immediate slaughter with no diversions, and must be free from any infectious or contagious disease in compliance with 9 CFR 71, which is incorporated by reference.

] (2)[C.] Prohibition of Non-domestic and Non-native Suidae and Tayassuidae

(a)[1.] Javelina or Peccary, and feral or wild hogs such as Eurasian or Russian wild hogs (Sus scrofa) are considered invasive species in Utah, capable of establishing wild reservoirs of disease such as brucellosis and pseudorabies.

(b)[2.] These animals are prohibited from entry to Utah except when approved by special application only for purposes of exhibition and after meeting the above testing requirements.

(c)[3.] Any person who imports Javelina, Peccary or feral or wild hogs such as Eurasian or Russian wild hogs (Sus scrofa) into Utah without prior approval by the Department shall be subject to citation and fines as prescribed by the D[d]epartment or may be called to appear before an administrative proceeding by the department.

 

R58-1-9[8]. Sheep.

(1)[A.] All sheep imported must be accompanied by a Certificate of Veterinary Inspection and an import permit.

(a)[1.] No sheep exhibiting clinical signs of blue tongue may enter Utah.

(b)[2.] Sheep must be thoroughly examined for evidence of foot rot and verified that they are free from foot rot.

(c)[3.] Sheep entering Utah must comply with federal Scrapie identification requirements as listed in 9 CFR 79, which is incorporated by reference.

(d)[4.] Sheep from scrapie infected, exposed, quarantined or source flocks may not be permitted to enter the state unless an official post-exposure flock eradication and control plan has been implemented.

(e)[5.] Breeding rams six months of age or older shall test negative for Brucella ovis within 30 days of entry or originate from a certified brucellosis free flock.

(i)[a.] Rams entering Utah for exhibition purposes only and returning immediately to their home state are exempt from the testing requirement.

 

R58-1-10[9]. Poultry.

(1) All poultry and hatching eggs being imported into Utah[the state shall comply with Title 4, Chapter 29 and R58-6 governing poultry which requires]must meet the following requirements:

(a) All poultry and hatching eggs must have an import permit from the Department.

(b) All poultry and hatching eggs entering Utah must have a Certificate of Veterinary Inspection or a National Poultry Improvement Plan VS Form 9-3.

(c) All poultry and hatching eggs shall originate from flocks or hatcheries that have a Pullorum-Typhoid Clean rating given by the official state agency of the National Poultry Improvement Plan (NPIP) of the state, or

(d) All poultry entering Utah from a flock or hatchery which does not have a clean rating through NPIP certification must have been tested negative for Pullorum-Typhoid within the last 30 days.

 

R58-1-11[0]. Goats and Camelids.

(1)[A.] Goats being imported into Utah must meet the following requirements:

(a)[1.] Dairy goats must have an import permit from the Department and an official Certificate of Veterinary Inspection showing a negative tuberculosis test within 60 days, and a negative brucellosis test within 30 days prior to entry or be from a certified brucellosis free herd and accredited tuberculosis free herd. Thereto; there must be no evidence of caseous lymphadenitis (abscesses).

(b)[2.] Meat type goats must have an import permit from the Department and an official[a] Certificate of Veterinary Inspection indicating they are free from any communicable diseases or exposure and that there is no evidence of caseous lymphadenitis (abscesses).

(c)[3.] Goats entering Utah must comply with F[f]ederal Scrapie identification requirements as listed in 9 CFR 79, which is incorporated by reference.

(d)[4. Exemption -] Goats for slaughter may be shipped into Utah directly to an approved slaughter establishment or to an approved auction market without an official Certificate of Veterinary Inspection and an import permit but must comply with Federal Scrapie identification requirements as listed in 9 CFR 79, which is incorporated by reference.

(2)[B.] Camelids being imported into Utah must have an import permit from the Department and an official[a] Certificate of Veterinary Inspection showing a negative tuberculosis test within 60 days, and a negative brucellosis test within 30 days prior to entry or be from a certified brucellosis free herd and accredited tuberculosis free herd.

(3)[C.] Test eligible age for both brucellosis and tuberculosis shall be 6 months of age or older for both goats and camelids.

(4)[D.] Dairy goats and camelids entering Utah for exhibition purposes only and returning immediately to their home state are exempt from the testing requirement.

 

R58-1-12[1]. Psittacine and Passerine Birds and Raptors.

(1)[A.] No psittacine or passerine birds or raptors [offered for sale] shall be shipped into the State of Utah unless [an import permit is obtained from the Department prior to importation and] an official Certificate of Veterinary Inspection accompanies the birds.

[ 1. Request for an import permit must be made by an accredited veterinarian certifying that the birds are free from any signs of any infectious, contagious or communicable disease.

] (2 )[.] The [request must state the] number and kinds of birds to be shipped into Utah, their origin, date to be shipped and destination[, all]must be listed on the Certificate of Veterinary Inspection.

 

R58-1-13[2]. Dogs,[and] Cats, and Ferrets.

(1) All dogs, cats and ferrets [over three months of age] shall be accompanied by an official Certificate of Veterinary Inspection[, showing vaccination against rabies].

(2) All dogs, cats and ferrets over three months of age must be currently vaccinated against rabies before entering Utah.

(a) The date of vaccination, name of product used, and expiration date must be written on the Certificate of Veterinary Inspection[given].

(3) No puppies or kittens less than 8 weeks of age shall be imported into the state unless accompanied by the mother.

 

R58-1-14. Exotic Animals.

(1) It is unlawful for any person to import into the State of Utah any species of exotic animal that is prohibited for importation or possession as listed in Utah Administrative Code R657-3.

(2) All exotic animals must be accompanied by an official Certificate of Veterinary Inspection.

 

R58-1-15[3]. Game and Fur-Bearing Animals.

(1)[A.] No game or fur bearing animals will be imported into Utah without an import permit being obtained from the Department.

(2)[B.] Each shipment shall be accompanied by an official Certificate of Veterinary Inspection.

(3)[C.] All mink entering Utah shall have originated on ranches where mink vir al[us] enteritis has not been diagnosed or exposed to within the past three years.

 

R58-1-16[3a]. Captive Cervidae.

(1) [ A. ] All captive cervidae entering Utah must meet the following requirements:

(a)[1.] No captive elk will be imported into Utah unless the destination premises is licensed with the Utah Department of Agriculture and Food.

(b)[2.] No captive caribou or fallow deer will be imported into Utah unless a Certificate of Registration (COR) has been obtained from the Utah Division of Wildlife Resources.

(c)[3.] No captive cervidae will be allowed to be imported into Utah that have originated from or have ever been east of the 100 degree meridian.

(d)[4.] All captive elk imported into Utah must meet the genetic purity requirement as referenced in Title 4, Chapter 39, Section 301, Utah Code Unannotated.

(e)[5.] All captive elk must meet the following Chronic Wasting Disease (CWD) requirements:

(i)[a.] Elk must come from a state with a USDA approved herd certification program[CWD free area].

(ii)[b.] Elk must originate from a herd that is not affected with or is a trace back or forward herd for CWD.

(iii)[c.] Elk must originate from a herd that has had a CWD herd surveillance program for 5 years prior to movement.

(f)[6.] All captive cervidae must be permanently identified using either a microchip or tattoo.

(g)[7.] All captive cervidae must have an import permit from the Department.

(h)[8.] All captive cervidae must have an official Certificate of Veterinary Inspection showing the following:

(i)[a.] A negative single cervical tuberculin test within 60 days of import.

(ii)[b.] Negative Brucella abortus test results from a single sample that has been tested by two USDA approved tests.

(iii)[c.] A[ll a]nimal identification.

(iv)[d.] A statement the that animals listed on the certificate are not known to be infected with Johne's Disease (Paratuberculosis)or Malignant Catarrhal Fever and have never been east of the 100 degree meridian.

 

R58-1-17[4]. Zoo logical Animals.

(1)[A.] The entry of [common] zoo logical animals[, such as monkeys, apes, baboons, rhinoceros, giraffes, zebras, elephants,] to be kept in zoo logical gardens, or shown at exhibitions is authorized when a n import permit, subject to requirements established by the S[s]tate V[v]eterinarian, has been obtained from the Department and the animals are accompanied by an official Certificate of Veterinary Inspection.

(2) Movement of these animals must also be in compliance with the Federal Animal Welfare Act, 7 USC 2131-2159.

 

R58-1-18[5]. Wildlife.

(1)[A.] It is unlawful for any person to import into the State of Utah any species of live native or exotic wildlife except as provided in Title 23, Chapter 13 and Utah Administrative Code R657-3.

(2)[B.] All wildlife imports shall meet the same Department requirements as required for the importation of domestic animals.

 

R58-1-19[6]. Duties of Carriers.

Owners and operators of railroads, trucks, airplanes, and other conveyances are forbidden to move any livestock, poultry, or other animals into or within the State of Utah or through the State except in compliance with the provisions set forth in these rules.

(1)[A.] Sanitation. All railway cars, trucks, airplanes, and other conveyances used in the transportation of livestock, poultry or other animals shall be maintained in a clean, sanitary condition.

(2)[B.] Movement of Infected Animals. Owners and operators of railway cars, trucks, airplanes, and other conveyances that have been used for movement of any livestock, poultry, or other animals infected with or exposed to any infectious, contagious, or communicable disease as determined by the Department, shall be required to have cars, trucks, airplanes, and other conveyances thoroughly cleaned and disinfected under official supervision before further use is permissible for the transportation of livestock, poultry or other animals.

(3)[C.] Compliance with Laws and Rules. Owners and operators of railroad, trucks, airplanes, or other conveyances used for the transportation of livestock, poultry, or other animals are responsible to see that each consignment is prepared for shipment in keeping with the State and Federal laws and regulations. Certificate of Veterinary Inspection, brand certificates, and permits should be attached to the waybill accompanying the attendant in charge of the animals.

 

KEY: disease control, import requirements

Date of Enactment or Last Substantive Amendment: [March 24, 2011]2013

Notice of Continuation: January 18, 2012

Authorizing, and Implemented or Interpreted Law: 4-2-2(1)(j)

 

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