No. 37529 (Amendment): Rule R58-1. Admission and Inspection of Livestock, Poultry and Other Animals

(Amendment)

DAR File No.: 37529
Filed: 04/17/2013 11:30:16 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make additional changes to a proposed rule (R58-1) before the effective date. (DAR NOTE: The previous rule amendment to Rule R58-1 is under DAR No. 37262 in the March 1, 2013, issue of the Bulletin.)

Summary of the rule or change:

Based on a comment received during the comment period, language has been added to Section R58-1-14 that refers to the importation of aquatic animals in Rule R58-17. In Section R58-1-16, the single cervical tuberculin test was removed as the specific test required for tuberculosis testing based on the approval of an additional tuberculosis test. Also in Section R58-1-16, two individual forms of identification must be listed on the Certificate of Veterinary Inspection which is in compliance with the federal chronic wasting disease (CWD) rule.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Changes to Rule R58-1 will not change the state budget. Although, by not requiring import permits on exotic animals, the 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 we do not expect this rule change to affect local government.

small businesses:

The proposed change may actually decrease the expense it costs for importers of cervids into Utah by decreasing the amount of handling an individual elk will need to complete the tuberculosis testing requirements.

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

The proposed change may actually decrease the expense it costs for importers of cervids into Utah by decreasing the amount of handling an individual elk will need to complete the tuberculosis testing requirements.

Compliance costs for affected persons:

Compliance costs may be reduced for importers of cervids into Utah by reducing the amount of handling the individual animal must go through for the current single cervical tuberculin test requirement.

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

The changes to Rule R58-1 are the result of the approval of a new tuberculosis test for cervids and public comments that were received during the comment period.

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:

06/14/2013

This rule may become effective on:

06/21/2013

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.

R58-1-10. Poultry.

(1) All poultry and hatching eggs being imported into Utah 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.

 

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

(1) No psittacine or passerine birds or raptors shall be shipped into the State of Utah unless an official Certificate of Veterinary Inspection accompanies the birds.

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

 

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 (birds, mammals, and reptiles) must be accompanied by an official Certificate of Veterinary Inspection.

(3) All a quatic animals (fish, mollusk, crustacean, or amphibians) must fulfill all requirements of Utah Administrative Code R58-17 prior to importation into the State of Utah.

 

R58-1-16. Captive Cervidae.

(1) All captive cervidae entering Utah must meet the following requirements:

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

(b) 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) 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) 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) All captive elk must meet the following Chronic Wasting Disease (CWD) requirements:

(i) Elk must come from a state with a USDA approved herd certification program.

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

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

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

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

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

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

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

(iii) Two forms of individual [A]animal identification.

(iv) 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.

 

KEY: disease control, import requirements

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: January 18, 2012

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

 

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