No. 36143 (Emergency Rule): Rule R58-3. Brucellosis Vaccination Requirements

DAR File No.: 36143
Filed: 05/03/2012 09:11:30 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to outline the brucellosis vaccination requirements of cattle and bison in Utah.

Summary of the rule or change:

Brucellosis vaccination requirements for cattle were found in Section 4-31-16.5 which was repealed and the Department was given rulemaking authority for the control of bovine brucellosis in Utah during the 2012 legislative session. This change was initiated by actions by H.B. 505.

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: The repeal of Section 4-31-16.5 requires the Department to create a rule that outlines the requirements for brucellosis vaccination of cattle and bison. The vaccination of beef cattle for Brucella abortus places a barrier between wild elk and bison and the public.

State statutory or constitutional authorization for this rule:

• Subsection 4-2-2(I)(j)
• Section 4-31-109
• H.B. 505
• Subsection 4-2-2(1)(c)(i)

Anticipated cost or savings to:

the state budget:

This rule is being enacted as a result of repealing Section 4-31-16.5 in the recent legislative session and does not result in any increased cost to state government.

local governments:

The vaccination of cattle and bison has no local government input. If Utah had a brucellosis outbreak in its cattle population, local health Departments would be required to investigate human brucellosis cases.

small businesses:

Beef cattle producers have been vaccinating their replacements heifers for a number of years so this has become a routine herd health cost. The vaccination of replacement heifers has an added value when it comes to selling heifers. If Utah was to have brucellosis in the beef cattle population, a large cost for the disease would be borne by producers.

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

The general public enjoys brucellosis-free meat and milk because of the continued disease-free status of Utah beef and dairy cattle which is the result of required brucellosis vaccination.

Compliance costs for affected persons:

Beef cattle and bison producers will bear the burden of the costs associated with the vaccination of their animals. It has been an on-going cost of production, so this rule change will not result in any increase.

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

The Utah Cattlemen's Association as well as individual beef cattle producers are requesting that this rule be enacted to replace the repealed statute. A brucellosis-free cattle production in the State of Utah is good for the public and the cattle producers. This rule was reviewed and approved by the Agriculture Advisory Board on 05/01/2012.

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]

This rule is effective on:

05/08/2012

Authorized by:

Leonard Blackham, Commissioner

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-3. Brucellosis Vaccination Requirements.

R58-3-1. Authority.

(1) Promulgated under the authority of section 4-31-109 and Subsections 4-2-2(1)(c)(i), 4-2-2(1)(j).

(2) It is the intent of this rule to state the brucellosis vaccination requirements for cattle and bison within Utah.

 

R58-3-2. Definitions.

(1) "Accredited Veterinarian" means 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) "Bison" means a bovine-like animal (genus Bison) commonly referred to as American buffalo or buffalo.

(3) "Cattle" means all domestic bovine (genus Bos).

(4) "Official USDA vaccination tag" means a metal identification eartag that provides unique identification for each individual animal by conforming to the nine (9)-character alpha-numeric national uniform eartagging system or any other unique identification device approved by the United States Department of Agriculture.

(5) "RFID" means a radio frequency identification device used as individual identification of livestock.

 

R58-3-3. Utah Cattle and Bison Vaccination Requirements.

(1) All Utah beef cattle and bison heifers intended for replacement breeding animals must be vaccinated against Brucella abortus.

(2) Vaccination of beef cattle and bison heifer calves shall be administered by an accredited veterinarian or by a brucellosis technician.

(3) All beef cattle and bison heifers shall be vaccinated with strain RB-51 administered between 4 and 12 months of age. These heifers shall be properly identified by official tattoos and ear tag (either official USDA vaccination tag or RFID of approved design) and shall be reported on an official vaccination certificate (VS Form 4-24) within 30 days to the State Veterinarian.

(4) Beef cattle and bison heifers not intended for replacement breeding are exempt from the vaccination requirement in subsection R58-3-3(2).

 

KEY: brucellosis, vaccination, bison, cattle

Date of Enactment or Last Substantive Amendment: May 8, 2012

Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-2-2(1)(j); 4-2-2(1)(c)(i)

 

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