No. 39422 (Amendment): Rule R58-2. Disease, Inspections, and Quarantines

(Amendment)

DAR File No.: 39422
Filed: 06/02/2015 03:08:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to the rule make necessary updates, bringing the state rule up to date with the federal regulations. It also adds goats to animals which are required to be identified by the federal regulations.

Summary of the rule or change:

The rule change adds goats to the animals required to comply with federal identification and record keeping requirements. The change updates the federal code incorporated by reference to the current version.

State statutory or constitutional authorization for this rule:

• Subsection 4-2-2(1)(c)(ii)
• Section 4-31-115
• Subsection 4-2-2(1)(i)
• Section 4-31-118

This rule or change incorporates by reference the following material:

• Adds Scrapie In Sheep and Goats, published by Government Printing Office, 01/01/2014
• Updates Animals and Animal Products, published by Government Printing Office, 01/01/2010

Anticipated cost or savings to:

the state budget:

The rule change does not have an affect on the state's enforcement of the rule, nor does it increase cost to the state, because the cost is covered by the Animal and Plant Health Inspection Services (APHIS) at no charge. There are no anticipated cost or savings to the state budget.

local governments:

The proposed rule changes will have no cost or savings to local governments because local governments have no enforcement authority nor other obligations required by this rule.

small businesses:

Small businesses will not be affected by the proposed rule change. The items required for the identification are available free of charge from APHIS.

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

The cost associated with the identification is covered by APHIS upon request. That is the only cost associated with the changes.

Compliance costs for affected persons:

There are no costs to the affected person because the items necessary for identification are made available by APHIS with cost.

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

There are no fiscal impacts associated with this rule because the cost is covered through APHIS.

LuAnn Adams, 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:

• 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]
• Warren Hess at the above address, by phone at 801-538-4910, by FAX at 801-538-7169, or by Internet E-mail at [e-mail]
• Cody James at the above address, by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at [e-mail]
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, 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:

07/31/2015

This rule may become effective on:

08/07/2015

Authorized by:

LuAnn Adams, Commissioner

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-2. Diseases, Inspections and Quarantines.

R58-2-1. Authority.

Promulgated Under the Authority of Sections 4-31-115, [and ]4-31-118[17], [and Subsection ]4-2-2(1)(c)(ii), and 4-2-2(1)(i).

 

R58-2-2. Definitions.

A. "Animal exhibition" - An event where animals are congregated for the purpose of exhibition and judging.

B. "Animals" - For the purpose of this chapter animals means poultry, rabbits, cattle, sheep, goats and swine.

C. "Terminal show" - A fair or livestock judging exhibition with designated species of animals that are declared "at risk animals" which at the conclusion of the event must be transported directly to slaughter.

 

R58-2-3. Reportable and Quarantinable Animal Diseases.

A. Reporting of Diseases. It shall be the responsibility of veterinary diagnostic laboratories, veterinary practitioners, livestock inspectors, and livestock owners to report immediately by phone or written statement to the Department of Agriculture and Food any of the diseases listed on the Utah Department of Agriculture and Food Reportable Disease list, available at the Utah Department of Agriculture and Food, Division of Animal Health, PO Box 146500, 350 North Redwood Road, Salt Lake City, UT 84114-6500.

1. All swine moving within the State of Utah shall be identifiable to determine the farm of origin as per 9 CFR,1,71.19, January 1, 2010[2002], edition which is hereby adopted and is incorporated by reference within this rule.

2. All sheep and goats moving within the State of Utah shall, upon change of ownership, comply with federal Scrapie identification requirements as listed in 9 CFR Part 79, January 1, 2014[2002], requiring official identification to determine the farm of origin.

3. Sheep and goats from Scrapie infected, exposed, quarantined or source flocks may not be permitted to move into or within the state, except to slaughter, unless a flock eradication and control plan, approved by the State Veterinarian in Utah, has been implemented in the flock where the diseased animal resides.

4. Any live scrapie-positive, suspect, or high-risk sheep or goat of any age and any sexually intact exposed sheep or goat of more than one year of age shall be required to possess official individual identification as listed in 9 CFR Part 79, January 1, 2014[2002].

B. Quarantines. The Department of Agriculture and Food or its agent may issue quarantines on:

1. Any animal infected with diseases listed on the reportable disease list or any infectious or dangerous entity which is determined to be a threat to other animals or humans.

2. Any animal which it believes may jeopardize the health of other animals, or humans.

3. Any area within the State of Utah to prevent the spread of infectious or contagious diseases.

a. Quarantines shall be deemed issued to owners or caretakers of animals affected with or exposed to infectious, contagious, or communicable diseases by serving an official notice of quarantine to the owner or caretaker in person, by phone, by public meetings, or by registered mail to his last known address.

b. On and after the effective date of quarantine no animals shall be moved or allowed to be moved from or onto the quarantined premises without the owner or caretaker of the quarantined livestock having first obtained a written permit from the Utah Department of Agriculture and Food or its authorized agent to move the animals.

c. Quarantines shall be released upon compliance with Section 4-31-17; as well as with 9 CFR 71.2, January 1, 2014[2002], edition; and the Utah Health Code Sections 26-6, 19-4 and 19-5.

 

R58-2-4. Disease Control at Animal Exhibitions and Livestock Auctions.

A. To reduce potential spread of disease from animal exhibitions and livestock auctions the Utah Department of Agriculture and Food may:

1. Specify an animal exhibition a terminal show for designated species coming to the event when the Utah Department of Agriculture and Food is aware that a disease risk exists in that local area or the state.

2. Give each county in the state the authority to designate a terminal show for any animal exhibition or fair being held within the county.

3. Give the specific show that is a member of the Junior Livestock Show Association the authority to designate a terminal show.

4. Restrict movement of livestock into and out of a livestock auction or temporary livestock sale when the Utah Department of Agriculture and Food is aware of a disease risk exists in that local area or the state.

 

KEY: quarantines

Date of Enactment or Last Substantive Amendment: [March 24, 2011]2015

Notice of Continuation: June 23, 2011

Authorizing, and Implemented or Interpreted Law: 4-31-15; 4-31-17; 4-2-2(1)(c)(ii)

 

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