Agriculture and Food, Animal Industry

Rule R58-21

Trichomoniasis

Notice of Proposed Rule

(Amendment)

DAR File No.: 36164
Filed: 05/10/2012 09:09:42 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the official test to the polymerase chain reaction (PCR) test and to change the test age for the affected livestock.

Summary of the rule or change:

The changes to the rule includes: 1) renumbering the subsections to be consistent with DAR guidelines; 2) rewording the definitions to be in alignment with DAR guidelines; 3) making the official test the PCR test; and 4) increasing the test age from 9 months to 12 months of age.

State statutory or constitutional authorization for this rule:

• Section 4-31-109

Anticipated cost or savings to:

the state budget:

There is no change to state budget as existing workforce in the Division of Animal Industry currently handles all issues related to trichomoniasis and the proposed rule will not increase or decrease workload.

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:

Veterinarians and veterinary clinics under this rule change will no longer be able to culture the sample in the clinic. This has the potential in saving time for staff that no longer need to observe each sample for a total of 4 times in a 96-hour period.

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

Cattle producers in the state may have increased test costs associated with the official test being changed from culture and PCR to just the PCR test. The Utah Veterinary Diagnostic Laboratory will make a determined effort to keep costs around $10 per bull.

Compliance costs for affected persons:

Other then a possible increase in testing costs, there will be no additional costs to the producers. The producers have been testing their bulls for over ten years and they are used to complying with the rule.

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

The change to the rule may not be cost neutral for the cattle producer but the Department feels that the test will produce more accurate results and will minimize the risks to the livestock industry and provide better disease control. The increase in the test age will not have a fiscal impact on the producer. This rule was reviewed 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 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
• Wyatt Frampton at the above address, by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov
• Bruce King at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@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:

07/02/2012

This rule may become effective on:

07/09/2012

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-21. Trichomoniasis.

R58-21-1. Authority.

(1) Promulgated under authority of Section 4-31-109[21].

(2) It is the intent of this rule to eliminate or reduce the spread of bovine trichomoniasis in Utah.

 

R58-21-2. Definitions.

(1)[A.] "Acceptable media " [-] means a[A]ny Department approved media in which samples may be transferred and[,] transported[, and cultured].

(2)[B.] "Approved slaughter facility " [-]means a[A] slaughter establishment that is either under state or federal inspection.

(3) "Approved test" means a test approved by the state of origination to diagnose trichomoniasis in bulls. If the state of orgination has no approved test for the diagnosis of trichomoniasis it shall mean one sample tested by a method approved by the Department.

(4)[C.] "Brand " [-] means a[A] minimum of 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, t[T]richomoniasis.

(5)[D.] "Certified veterinarian " [-] means a[A] veterinarian who has been certified by the Utah Department of Agriculture and Food to collect samples for trichomoniasis testing.

(6)[E.] "Commuter bulls " [-] means b[B]ulls 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.

(7)[F.] "Confinement " [-] means b[B]ulls held in such manner that escape is improbable. Typical barbed wire or net pasture fencing does not constitute confinement.

(8)[G.] "Department " [-] means t[T]he Utah Department of Agriculture and Food.

(9)[H.] "Exposed to female cattle " [-] means bulls with f[F]reedom from restraint such that breeding is a possible activity.

(10)[I.] "Feeder Bulls " [-] means b[B]ulls not exposed to female cattle and kept in confinement for the purpose of feeding and only go to slaughter.

(11)[J.] "Negative bull " [-] means a[A] bull that has been tested with official test procedures and found free from infection by Tritrichomonas foetus.

(12)[K.] "Official tag " [-] means a[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.

(13)[M.] "Official test " [-] means a[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.]

(14)[N.] "Positive bull " [-] means a[A] bull that has been tested with official test procedures and found to be infected by Tritrichomonas foetus.

(15)[O.] "Positive herd " [-] means a[A]ny 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.

(16)[P.] "Qualified feedlot " [-] means a[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.

(17)[Q.] "Test chart " [-] means a[A] document which certifies that a bull has been subjected to an official test for trichomoniasis and indicates the results of the test.

(18)[R.] "Trichomoniasis " [-] means a[A] venereal disease of bovidea caused by the organism Tritrichomonas foetus.

 

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

(1)[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.

(2)[B.] Sample handling - Samples shall be transferred and transported in approved media. Media should be maintained at 65 to 90 degrees Fahrenheit (18 to 32 degrees Celsius) during sampling and transport to clinic. Samples shall be set up for incubation[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.

] (3)[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. Samples may remain frozen for up to 3 weeks. The frozen sample (s) shall be sent overnight on postal approved frozen packs to the Utah Veterinary Diagnostic Laboratory (950 East 1400 North, Logan, Utah 84341) or an other approved laboratory 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.

]

R58-21-4. Trichomoniasis - Rules - Prevention and Control.

(1)[A.] All bulls twelve[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 then seven days apart,]an approved test for t[T]richomoniasis by an accredited veterinarian prior to entry into Utah. Bulls that have had contact with female cattle subsequent to testing must be retested prior to entry.

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

(a)[1.] Bulls going directly to slaughter or to a qualified feedlot,

(b)[2.] Bulls kept in confinement operations,

(c)[3.] Rodeo bulls for the purpose of exhibition, and

(d)[4.] Bulls attending livestock shows for the purpose of exhibition, only to be returned to the state of origin immediately after the event.

(3)[C.] 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.

(4)[D.] All bulls twelve[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 of the following year, or prior to exposure to female cattle according to approved sampling and testing procedures. All bulls must be classified as a negative bull prior to exposure to female cattle or offered for sale.

(5)[E.] Testing shall be performed by a certified veterinarian.

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

(i)[a.] Electronic forms shall have the following information:

(A)[i.] Veterinarian's name and contact information

(B)[ii.] Owner's name and contact information

(C)[iii.] Bull's t[T]richomoniasis tag number, age, breed

(D)[iv.] Date of collection

(E)[v.] Test results

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

[ F. 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, bulls in confinement operations, and feeder bulls.

] (6)[G.] All bulls twelve[nine] months of age and older being offered for sale for reproductive purposes in the state of Utah must be tested for t[T]richomoniasis with an official test prior to sale. Bulls that have had contact with female cattle subsequent to testing must be re-tested prior to sale or transfer of ownership.

(7)[H.] It shall be the responsibility of the owner or his agent to declare, on the auction drive-in slip, the t[T]richomoniasis status of a bull being offered for sale at a livestock auction.

(a)[1.] Untested bulls (i.e. bulls without a current t[T]richomoniasis test tag), including dairy bulls, must be sold for slaughter only, for direct movement to a q[Q]ualified f[F]eedlot, or c[C]onfinement o[O]peration , unless untested bulls are tested prior to exposure to female cattle.

(8)[I.] Any bull [over nine months of age] which has strayed and commingles with 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.

(9)[J.] All Utah bulls, which are tested, shall be tagged in the right ear with an official tag by the certified veterinarian performing the test.

(10)[K.] Bulls entering the State of Utah under the provisions of this rule may be tagged upon arrival by a certified veterinarian upon receipt of the t[T]richomoniasis test charts from the testing veterinarian.

(11)[L.] Bulls which bear a current t[T]richomoniasis test tag from another state which has an official t[T]richomoniasis testing program will be acceptable to the State of Utah providing that they meet all t[T]richomoniasis testing requirements as described above.

 

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

(1)[A.] A bull is considered positive if[:

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

2. A]a laboratory identifies Tritrichomonas foetus using an official[ 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.

] (2)[C.] All bulls testing positive for t[T]richomoniasis must be reported within 48 hoursimmediately] to: 1) the owner, and 2) the State Veterinarian, by the certified veterinarian performing the test.

(4)[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 the certified veterinarian.

(5)[E.] All bulls which test positive for t[T]richomoniasis must be sent by direct movement within 14 days, to:

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

(b)[2.] To a q[Q]ualified f[F]eedlot for finish feeding and slaughter, or

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

(d) An exemption to the 14 day requirement will be given by the State Veterinarian to owners of bulls that are required to be in a drug withdrawal period prior to slaughter.

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

(7)[G.] Positive bulls entering a q[Q]ualified f[F]eedlot, or a[A]pproved a[A]uction m[M]arket 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 t[T]richomoniasis.

(8) All bulls from positive herds are required to have one additional individual negative Polymerase Chain Reaction (PCR) test prior to exposure to female cattle, unless they are being sent to slaughter, to a qualified feedlot, or being feed for slaughter in a confinement operation.

 

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

(1)[A.] Any person who fails to satisfy the requirements of this rule or who knowingly sells animals infected with t[T]richomoniasis, 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.

(2)[B.] After April 30, owners of untested bulls may be fined $200.00 per head.

(3)[C.] Owners of untested bulls that have been exposed to female cattle may be fined up to $1,000.00 per head regardless of the time of year.

 

KEY: disease control, trichomoniasis, bulls, cattle

Date of Enactment or Last Substantive Amendment: [October 12, 2010]2012

Notice of Continuation: January 27, 2010

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