Agriculture and Food, Animal Industry

Rule R58-2

Diseases, Inspections and Quarantines

Notice of Proposed Rule

(Amendment)

DAR File No.: 34352
Filed: 01/06/2011 02:20:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes to this rule are in response to requests by the public that rules should be in place that will allow various shows, fairs, and auctions to hold terminal shows for various livestock species.

Summary of the rule or change:

A definition section was added to the rule to define those terms used in the section concerning terminal shows. A section was added to allow fairs, livestock shows, and auctions the option to hold a terminal show for one or more species of animals.

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:

The addition of the definition dealing with the show of livestock at terminal shows will not impose any new inspection obligations on the department. The department will be able to accommodate these small additions in the current budget.

local governments:

Local government is not affected by this rule because they are not involved in the enforcement of this rule.

small businesses:

For persons showing livestock, there should be no increase in costs because the cost for a terminal or nonterminal show will be the same.

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

For persons showing livestock, there should be no increase in costs because the cost for a terminal or nonterminal show will be the same.

Compliance costs for affected persons:

For persons showing livestock, there should be no increase in costs because the cost for a terminal or nonterminal show will be the same.

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

This rule is being updated to address changes with current livestock show practices and to address the needs to control/prevent the spread of disease that could impact the livestock economy. These rule changes will not have any fiscal impact on businesses.

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 kylestephens@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Terry Menlove at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at tmenlove@utah.gov

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:

03/03/2011

This rule may become effective on:

03/10/2011

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-2. Diseases, Inspections and Quarantines.

R58-2-1. Authority.

Promulgated Under the Authority of Sections 4-31-15 and 4-31-17 and Subsection 4-2-2(1)(c)(ii).

 

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[2]. 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, 2002, edition which is hereby adopted and is incorporated by reference within this rule.

2. All sheep 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, 2002, requiring official identification to determine the farm of origin.

3. Sheep 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 of any age and any sexually intact exposed sheep of more than one year of age shall be required to possess official individual identification as listed in 9 CFR Part 79, January 1, 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, 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: [February 1, 2005]2011

Notice of Continuation: August 15, 2006

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