No. 39424 (Amendment): Rule R58-22. Equine Infectious Anemia (EIA)

(Amendment)

DAR File No.: 39424
Filed: 06/02/2015 04:58:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes update references to the legal authority, as well as makes changes to the requirements for disposal of horses.

Summary of the rule or change:

The proposed changes makes corrections to the legal authority for the rule. It is also proposed to remove the requirements to treat above and below the carcass with lime.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The changes have no effect on the state budget. The changes have no effect on the responsibilities of the department. They will not require more time or effort to enforce.

local governments:

Local governments have no responsibility in the proposed rule. There should be no costs to local governments.

small businesses:

The proposed rule change removes the requirement to treat with lime. There are no additional requirements adding no additional costs. The removal of the lime will result in a cost saving to the owner.

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

The removal of the lime requirement adds no additional cost to those affected by the change. The removal of the lime will result in a cost saving to the owner.

Compliance costs for affected persons:

There are no costs for compliance with the changes. The changes remove a requirement and place no additional requirement on the person. The removal of the lime will result in a cost saving to the owner.

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

There are no additional requirements to the rule, instead there is a removal of requirement which adds no cost to the business. The removal of the lime will result in a cost saving to the owner.

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.

R58-22. Equine Infectious Anemia (EIA).

R58-22-1. Authority.

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

The intent of these rules is to eliminate or reduce the spread of Equine Infectious Anemia among equines by providing for a protocol for testing and handling of equines infected and exposed to Equine Infectious Anemia.

 

R58-22-2. Definitions.

Accredited Veterinarian - means a veterinarian approved by the Deputy Administrator of USDA, APHIS, VS in accordance with provisions of 9 CFR Part 161.

Coggins test - means a common name for the Agar Gel Immuno-diffusion (AGID) test for diagnosis of EIA.

Equine - means any animal in the family Equidae, including horses, asses, mules, ponies, and Zebras.

Equine Infectious Anemia (EIA) - means an infectious disease of equines caused by a lentivirus, equine infectious anemia virus (EIAV). The disease is characterized by three distinct clinical forms: acute, chronic and inapparent.

Identification - means permanent notation of equines that are determined to be EIA reactors by application of a hot iron, or freeze marking using the National Uniform Tag code number for the State of Utah (87), followed by the letter "A" on the left side of the neck or left shoulder.

Official test - means any test for the laboratory diagnosis of EIA that utilizes a diagnostic product that is (1) produced under license from the Secretary of Agriculture, and found to be efficacious for that diagnosis, under the Virus-Serum- Toxin Act of March 4, 1913, and subsequent amendments (21 U.S.C. 151 et seq.); and (2) conducted in a laboratory approved by the Administrator of APHIS.

Reactor - means any equine that has been subjected to an official laboratory test whose result is positive for EIA.

Exposed Animals - means all equines that have been exposed to EIA by reason of association with the affected animal.

 

R58-22-3. Equine Infectious Anemia - Rules - Prevention and Control.

The State Veterinarian shall have authority to conduct or supervise testing at an official laboratory to diagnose EIA and to quarantine and order disposition of any individuals or herds that are found to be positive for EIA, at such time as may be deemed necessary for the control and elimination of EIA., as granted under Section 4-31-16.

Personnel authorized to submit samples, approved laboratories, and official tests shall be those identified in the Uniform Methods and Rules, USDA, APHIS 91-55-037 Part II, B, C, and D, effective January 1, 1998, or subsequent revisions.

Procedures for handling equines which are classified as reactors:

Quarantine - When an equine has a positive result on an official test for EIA, the animal shall be placed under quarantine within 24 hours after positive test results are known and a second, confirmatory, test shall be performed under the direction of the state veterinarian. The equine shall remain in quarantine until final classification and disposition is made. Equines which have been located within 200 yards of the infected animal shall be quarantined and tested also.

Repeat testing and removal of reactors - When a reactor is disclosed in a herd, and removed, testing of all exposed equines for EIA must be repeated at no less than 45 day intervals until all remaining equines on the premise test negative, at which time the quarantine may be removed.

Identification of reactor equines - Equines that are determined to be reactors must be permanently identified using the National Uniform Tag code number for Utah (87) followed by the letter "A". Markings must be permanently applied using a hot iron, or freeze marking by an APHIS representative, State representative, or accredited veterinarian. The marking shall be not less than two inches high and shall be applied to the left shoulder or left side of the neck of the reactor. Official identification is not necessary if the reactor is moved directly to slaughter under a permit and is in a conveyance sealed with an official seal.

Euthanasia and disposal - Once an equine has been classified as a reactor, it must be removed from the herd. This can be accomplished by euthanasia or removal to slaughter. If slaughter is chosen, the equine must be moved either to a federally or state inspected slaughtering establishment per the Code of Federal Regulations, Part 75.4. If euthanasia is chosen, the animal must be properly buried six feet underground[ and the carcass treated above and below with lime].

 

R58-22-4. Importation of Equines.

A. Equines imported to Utah shall be in compliance with R58-1-6.

 

KEY: inspections

Date of Enactment or Last Substantive Amendment: [August 2, 2000]2015

Notice of Continuation: January 18, 2012

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

 

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