File No. 36683

This rule was published in the September 15, 2012, issue (Vol. 2012, No. 18) of the Utah State Bulletin.


Agriculture and Food, Animal Industry

Rule R58-3

Brucellosis Vaccination Requirements

Notice of Proposed Rule

(New Rule)

DAR File No.: 36683
Filed: 08/22/2012 08:54:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish the brucellosis vaccination requirements of cattle and bison in the State of Utah.

Summary of the rule or change:

Brucellosis vaccination requirements for cattle and bison were found in Section 4-31-16.5 which was repealed during the 2012 General Session. During the same legislative session, Section 4-31-109 was enacted that gave the Department of Agriculture and Food the authority to create rules governing the control of brucellosis in the State of Utah. In May 2012, an emergency rule was put in place that governed the brucellosis vaccination requirements for the State. This rule is identical to the requirements found in the emergency rule. (DAR NOTE: A corresponding 120-day (emergency) rule is under DAR No. 36143 in the June 1, 2012, issue of the Bulletin and is effective as of 05/08/2012.)

State statutory or constitutional authorization for this rule:

  • Subsection 4-2-2(1)(c)(i)
  • Section 4-31-109
  • Subsection 4-2-2(1)(j)

Anticipated cost or savings to:

the state budget:

This rule is no different than what was found in Section 4-31-16.5 that was repealed during the 2012 General Session and the emergency rule that was put in place on 05/08/2012. This will not impose any change to the current or future budget of the Department of Agriculture and Food.

local governments:

The vaccination of cattle and bison is not covered under any local government agency. Vaccination of cattle and bison for brucellosis reduces the possibility of the disease from entering the animal population. Because brucellosis can be transmitted to humans, the elimination of brucellosis in Utah has reduced the burden on local health departments that no longer have to conduct disease investigations and follow ups.

small businesses:

Beef cattle producers have been vaccinating their replacement heifers for a number of years so this has become a routine herd health cost. The vaccination of replacement heifers has an added value when it comes to selling heifers.

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

The general public enjoys brucellosis free meat and milk because of the continued disease free status of Utah beef and dairy cattle which was in part a result of a required brucellosis vaccination program.

Compliance costs for affected persons:

Beef cattle and bison producers will bear the burden of the costs associated with the vaccination of their replacement heifers. The typical cost for brucellosis vaccination would be $4 to $5 per heifer.

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

The Utah Cattlemen Association, as well as individual beef producers are requesting that the emergency rule (Rule R58-3, DAR No. 36143) be made into final rule. A brucellosis free beef cattle population in the State of Utah is good for the public and the cattle producers.

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:

10/15/2012

This rule may become effective on:

10/22/2012

Authorized by:

Leonard Blackham, Commissioner

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-3. Brucellosis Vaccination Requirements.

R58-3-1. Authority.

(1) Promulgated under the authority of section 4-31-109 and Subsections 4-2-2(1)(c)(i), 4-2-2(1)(j).

(2) It is the intent of this rule to state the brucellosis vaccination requirements for cattle and bison within Utah.

 

R58-3-2. Definitions.

(1) "Accredited Veterinarian" means a veterinarian approved by the Deputy Administrator of Veterinary Services (VS), Animal and Plant Health Inspection Services (APHIS), United States Department of Agriculture (USDA), in accordance with the provisions of 9 CFR 161 to perform functions required by cooperative State-Federal disease control and eradication programs.

(2) "Bison" means a bovine-like animal (genus Bison) commonly referred to as American buffalo or buffalo.

(3) "Cattle" means all domestic bovine (genus Bos).

(4) "Official USDA vaccination tag" means a metal identification eartag that provides unique identification for each individual animal by conforming to the nine (9)-character alpha-numeric national uniform eartagging system or any other unique identification device approved by the United States Department of Agriculture.

(5) "RFID" means a radio frequency identification device used as individual identification of livestock.

 

R58-3-3. Utah Cattle and Bison Vaccination Requirements.

(1) All Utah beef cattle and bison heifers intended for replacement breeding animals must be vaccinated against Brucella abortus.

(2) Vaccination of beef cattle and bison heifer calves shall be administered by an accredited veterinarian or by a brucellosis technician.

(3) All beef cattle and bison heifers shall be vaccinated with strain RB-51 administered between 4 and 12 months of age. These heifers shall be properly identified by official tattoos and ear tag (either official USDA vaccination tag or RFID of approved design) and shall be reported on an official vaccination certificate (VS Form 4-24) within 30 days to the State Veterinarian.

(4) Beef cattle and bison heifers not intended for replacement breeding are exempt from the vaccination requirement in subsection R58-3-3(2).

 

KEY: brucellosis, vaccination, cattle, bison

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 4-31-109; 4-2-2(1)(c)(i); 4-2-2(1)(j)

 


Additional Information

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For questions regarding the content or application of this rule, please contact 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.