No. 32784 (Amendment): R58-21. Trichomoniasis.

DAR File No.: 32784
Filed: 07/06/2009, 09:53
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add definitions, to update approved media and tests, and to change the requirements for importation of bulls into the state.

Summary of the rule or change:

This amendment adds definitions and a section on sampling and testing procedures; changes the importation requirements for bulls entering the state; and adds the ability to use the Polymerase chain Reaction (PCR) test.

State statutory or constitutional authorization for this rule:

Section 4-31-21

Anticipated cost or savings to:

the state budget:

The changes to the rule will not affect the state budget. The program is currently being funded by general fund money for animal health. The agency does not anticipate that the changes to the rule will change the current funding level beyond inflationary cost associated with the general fund.

local governments:

There are no costs to local government at this time under the current rule. All costs to run the program are through the state general fund and local governments are not involved in the program. The proposed changes made to the rule will not require local government involvement and will not require costs to be borne by local governments.

small businesses and persons other than businesses:

Depending on the type of test, there could be an increase in the cost to the producer, but by choosing the costlier test, the need for multiple test goes away which will balance out the overall cost of testing.

Compliance costs for affected persons:

There will be some increase in the cost to import a bull into the State of Utah as a result of expanded testing requirements.

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

There will be no impact on businesses, there may be a decrease in the fiscal impact on cattle producers with positive bulls by allowing the option of one PCR test over three culture tests. 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:

Kathleen Mathews, Terry Menlove, or Kyle Stephens at the above address, by phone at 801-538-7103, 801-538-7162, or 801-538-7102, by FAX at 801-538-7126, 801-538-7169, or 801-538-7126, or by Internet E-mail at [e-mail], [e-mail], or [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:

08/31/2009

This rule may become effective on:

10/01/2009

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-21. Trichomoniasis.

R58-21-2. Definitions.

A. Acceptable media - Any Department approved media in which samples may be transferred, transported, and cultured. At this time, the approved media is the InPouch^TM TF (BioMed Diagnostics,San Jose, Calif.).

B. Approved slaughter facility - A slaughter establishment that is either under state or federal inspection.

C. Brand - A 2 X 3 hot iron single character lazy V applied to the left of the tailhead of a bull, signifying that the bull is infected with the venereal disease, Trichomoniasis.

D. Certified veterinarian - A veterinarian who has been certified by the Utah Department of Agriculture and Food to collect samples for trichomoniasis testing.

E. Commuter bulls - Bulls traveling across state lines for grazing purposes while utilizing a Commuter Permit Agreement approved by both the respective State Veterinarians or bulls traveling on a Certificate of Veterinary Inspection where there is no change of ownership.

F. Confinement - Bulls held in such manner that escape is improbable. Typical barbed wire or net pasture fencing does not constitute confinement.

G. Department - The Utah Department of Agriculture and Food.

H. Exposed to female cattle - Freedom from restraint such that breeding is a possible activity.

I. Feeder Bulls - Bulls not exposed to female cattle and kept in confinement for the purpose of feeding and only go to slaughter.

J. Negative bull - A bull that has been tested with official test procedures and found free from infection by Tritrichomonas foetus.

K. Official tag - A tag authorized by the Department that is placed in the right ear of a bull by a certified veterinarian after being tested for trichomoniasis. The color of the official tag shall be changed yearly.

M. Official test - A test currently approved by the Department for detection of Tritrichomonas foetus. The culture test and the Polymerase Chain Reaction (PCR) test are the currently approved test methods.

N. Positive bull - A bull that has been tested with official test procedures and found to be infected by Tritrichomonas foetus.

O. Positive herd - Any herd or group of cattle owned by one or more persons which shares common grazing or feeding operations and in which one or more animals has been diagnosed with trichomoniasis within the last 12 months.

P. Qualified feedlot - A feedlot approved by the Utah Department of Agriculture and Food to handle heifers, cows, or bulls. These animals shall be confined to a dry lot area which is used to upgrade or finish feeding animals going only to slaughter.

Q. Test chart - A document which certifies that a bull has been subjected to an official test for trichomoniasis and indicates the results of the test.

R. Trichomoniasis - A venereal disease of bovidea caused by the organism Tritrichomonas foetus.[Total Confinement Operation - means a dry lot feeding operation where none of the sexually active animals are allowed access to pasture, or to mingle with other cattle outside the confines of the premise.

Commuter Cattle - means cattle traveling across state lines for grazing purposes while utilizing a Commuter Permit Agreement approved by both the respective State Veterinarians, or cattle traveling on a Certificate of Veterinary Inspection where there is no change of ownership.

Official Test - means one where the sample is collected by an accredited veterinarian approved by the department and which is received by the lab within 24 hours of collection. The sample should be transported on acceptable media and maintained at 65 to 90 degrees Fahrenheit. Test samples not meeting this criteria will be discarded and a new sample collected. Acceptable media shall be Diamond Media, or the In Pouch method, or other department approved transport media. The inoculated media shall be incubated at 37 degrees centigrade and monitored for growth at 24 hour intervals for 96 hours. An Official State of Utah Trichomoniasis Test Tag or similar official tag from another state shall be placed in the right ear of any bull so tested.

Qualified Feedlot - means a feedlot approved by the Utah Department of Agriculture and Food to handle INTRASTATE heifers, cows, or bulls which originate from Utah herds. These animals shall be confined to a dry lot area which is used to upgrade or finish feeding animals going only to slaughter.

Positive Herd - means any herd or group of cattle owned by one or more persons which shares common grazing or feeding operations and in which one or more animals has been diagnosed to be infected with trichomoniasis within the last 12 months.

Department - means the Utah Department of Agriculture and Food.

Brand - means a 2 X 3 hot iron single character lazy V applied to the left of the tail of a bull, signifying that the bull is infected with the venereal disease, Trichomoniasis.

Exposed to female cattle - means freedom from restraint such that breeding is a possible activity.

Feeder Bulls - means bulls not exposed to female cattle and kept in total confinement operations for the purpose of feeding and eventual slaughter.]

 

R58-21-3. Trichomoniasis - Sampling and Testing Procedures.

A. Sample collection - Samples are obtained from a vigorous scraping of the bull's prepuce using a sterile syringe and new pipette on each bull.

B. Sample handling - Samples shall be transferred and transported in approved media and maintained at 65 to 90 degrees Fahrenheit (18 to 32 degrees Celsius). Samples shall be set up for culture testing within 24 hours of sampling. Samples shall also be protected from direct sunlight.

C. Culture testing - The inoculated media shall be incubated at 98 degrees Fahrenheit (37 degrees Celsius) and monitored for growth at 24 hour intervals for 96 hours.

D. Polymerase Chain Reaction (PCR) testing - The inoculated media shall be incubated at 98 degrees Fahrenheit (37 degrees Celsius) for 24 hours and then frozen. The frozen sample shall be sent overnight on ice to the Utah Veterinary Diagnostic Laboratory (950 East 1400 North, Logan, Utah 84341) for PCR testing.

E. Test interpretation - A sample is considered test negative if one (1) PCR test or one (1) culture test is negative for the presence of Tritrichomonas foetus.

 

R58-21-[3]4. Trichomoniasis - Rules - Prevention and Control.

A. All bulls nine months of age and older, entering Utah, must be tested with one (1) Polymerase Chain Reaction (PCR) test or three (3) culture tests, collected no less the seven days apart, for Trichomoniasis by an accredited veterinarian within 30 days prior to entry into Utah. Bulls that have had contact with female cattle subsequent to testing must be retested prior to entry.

B. The following bulls are exempted from (A) above[Exceptions include]:

1[)]. B[b]ulls going directly to slaughter or to a qualified feedlot,

2[)]. F[f]eeder bulls kept in [total ]confinement operations,

3[)]. R[r]odeo bulls for the purpose of exhibition, and

4[)]. B[b]ulls attending livestock shows for the purpose of exhibition, only to be returned to the state of origin immediately after the event.

B. Rodeo and exhibition bulls with access to grazing, or exposed to female cattle, or being offered for sale are required to be tested prior to entry.[ Any Certificate of Veterinary Inspection issued for bulls covered under this rule shall bear the statement, Trichomoniasis has not been diagnosed in the herd of origin within the last 12 months, except that, bulls from herds that have tested positive for trichomoniasis within the previous 12 months are required to have three negative tests, no less the one week apart, prior to entry into Utah.]

C. All bulls nine months of age and older residing in Utah, and all commuter bulls must be tested with an official test for trichomoniasis annually, between October 1 and April 30[May 31] of the following year, [and]or prior to exposure to female cattle according to approved sampling and testing procedures.[ After May 31, owners of untested bulls may be fined $200 per head.Owners of untested bulls that have been exposed to female cattle may be fined up to $500 per head regardless of the time of year.]

D. Testing shall be performed by a certified[an accredited] veterinarian[ who has been certified to perform testing for trichomoniasis].

1. All test results shall be recorded on test charts provided by the Department or electronic forms created by the certified veterinarian.

a. Electronic forms shall have the following information:

i. Veterinarian's name and contact information

ii. Owner's name and contact information

iii. Bull's Trichomoniasis tag number, age, breed

iv. Date of collection

v. Test results

2. A copy of all test charts shall be submitted to the Department within ten (10) days of collecting the sample.

E. All bulls from positive herds are required to have three negative culture tests, no less than one week apart, or one negative Polymerase Chain Reaction (PCR) test prior to exposure to female cattle. Exceptions include bulls going to slaughter or to a qualified feedlot, [dairy ]bulls in [total ]confinement operations, and feeder bulls[ in total confinement operations which are not exposed to female cattle].

F. All bulls nine months of age and older being offered for sale for reproductive purposes in the state of Utah must be tested for Trichomoniasis with an official test [within 30 days ]prior to sale[ and shall bear a current official Trichomoniasis test tag]. Bulls that have had contact with female cattle subsequent to testing must be re-tested prior to sale or transfer of ownership.

G. It shall be the responsibility of the owner or his agent to declare, on the auction drive-in slip, the Trichomoniasis status of a bull being offered for sale at a livestock auction.

1. Untested bulls (i.e. bulls without a current Trichomoniasis test tag), including dairy bulls, [may]must be sold for slaughter only, [or ]for direct movement to a Qualified Feedlot, or [Total ]Confinement Operation.

H. Any bull over nine months of age which [is found estray]has strayed and commingles with [another producers ]female cattle may be required to be tested (or re-tested) for trichomoniasis. The owner of the offending bull shall bear all costs for the official test.

I. All Utah bulls, which are tested, shall be tagged in the right ear with an official tag[a current Official State of Utah Trichomoniasis test tag] by the certified[accredited] veterinarian performing the test.[ Official tags shall be only those as are authorized by the department and approved by the State Veterinarian office. The color of the approved tag shall be changed yearly.]

J. Bulls entering the State of Utah under the provisions of this rule may be tagged upon arrival by a[n accredited] certified veterinarian upon receipt of the Trichomoniasis test charts from the testing veterinarian.

K. Bulls which bear a current Trichomoniasis test tag from another state which has an official Trichomoniasis testing program will be acceptable to the State of Utah providing that they meet all Trichomoniasis testing requirements as described above.

 

R58-21-5. Trichomoniasis - Rules - Positive Bull.

A. A bull is considered positive if:

1. Trichomonas organisms are identified when cultured by the examining veterinarian or a laboratory, or

2. A laboratory identifies Tritrichomonas foetususinga Polymerase Chain Reaction (PCR) test.

B. An owner may have the option to request submission of the positive culture sample to an approved reference laboratory for confirmation by Polymerase Chain Reaction (PCR) test.

1. The sample from said bull must be shipped to the laboratory using the protocol described in R58-21-3.

2. A sample determined by Polymerase Chain Reaction (PCR) not to be Tritrichomonas foetus will be considered negative and the bull can be used for breeding purposes.

3. A sample found to be inconclusive will result in the need for the bull to be sampled and tested a second time.

C. All bulls testing positive for Trichomoniasis must be reported immediately to: 1) the owner, and 2) the State Veterinarian, by the certified veterinarian performing the test.

D. The owner shall be required to notify the administrators of the common grazing allotment and any neighboring (contiguous) cattleman within ten days following such notification by [his]the certified veterinarian[ or laboratory].

E. All bulls which test positive [to]for Trichomoniasis must be sent by direct movement within 14 days, to:

1[)]. [s]Slaughter at an approved slaughter facility, or

2[)]. [t]To a Qualified Feedlot for finish feeding and slaughter, or

3[)]. [t]To an approved auction market for sale to one of the above facilities.

F. Such bulls must move only when accompanied by a VS 1-27 Form issued by the testing veterinarian or other regulatory official.

G. Positive bulls entering a Qualified Feedlot, or Approved Auction Market shall be identified with a lazy V brand on the left side of the tailhead by either the livestock inspector or the contract veterinarian, indicating that the bull is infected with [the venereal disease, ]Trichomoniasis.

[ A bull is considered positive if Trichomonas organisms are identified when cultured by the examining veterinarian or laboratory. An owner may have the option to request submission of the positive sample to an approved reference laboratory for confirmation by Polymerase Chain Reaction (PCR). As prerequisites to exercising this option, the bull must be 16 months of age or younger and the sample must arrive at the laboratory within 48 hours of being found positive. A sample determined by PCR not to be T. foetus will be considered negative. A sample found to be inconclusive will be considered positive. A bull determined to be negative for T. foetus by PCR must be subsequently tested negative by culture prior to being offered for sale and no sooner than one month after the PCR.

]

R58-21-6. Trichomoniasis - Rules - Non-compliance.

A. Any person who fails to satisfy the requirements of this rule or who knowingly sells animals infected with Trichomoniasis, other than to slaughter, without declaring their disease status shall be subject to citation and fines as prescribed by the department or may be called to appear before an administrative proceeding by the department.

B. After April 30, owners of untested bulls may be fined $200.00 per head.

C. Owners of untested bulls that have been exposed to female cattle may be fined up to $500.00 per head regardless of the time of year.

 

KEY: disease control

Date of Enactment or Last Substantive Amendment: [March 4, 2004]2009

Notice of Continuation: February 3, 2005

Authorizing, and Implemented or Interpreted Law: 4-31-21