DAR File No. 37246

Agriculture and Food, Animal Industry

Rule R58-18

Elk Farming

Notice of Proposed Rule

(Amendment)

DAR File No.: 37246
Filed: 02/01/2013 01:55:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Department of Agriculture and Food is changing Rule R58-18 so that the rule will conform with Title 4, Chapter 39, Domesticated Elk Act.

Summary of the rule or change:

Section R58-18-4 is modified to conform to the statute that requires the license renewal application to be submitted to the Department by April 30th of each year. Subsection R58-18-6(1)(g) requires the Certificate of Veterinary Inspection for purchased elk from out of state to be retained as part of the inventory records. Subsection R58-18-9-(3)(g) requires all calves must be tattooed no later than September 15th, a change from March 1st.

State statutory or constitutional authorization for this rule:

• Title 4, Chapter 39
• Subsection 4-2-2(1)(c)(i)
• Subsection 4-2-2(1)(j)

Anticipated cost or savings to:

the state budget:

Changes to Rule R58-18 will not change the budgetary requirement for the Department of Agriculture and Food. The only changes are dates of requirement.

local governments:

Local government will not be affected by this rule change. Local government is not involved in Elk Inspections and this rule change pertains to dates of mandatory inventory.

small businesses:

Small businesses will not be affected by this rule change. The only change will be the mandatory inventory date.

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

Small businesses, business, or local government entities will not be affected by this rule change. The only change will be the mandatory inventory date.

Compliance costs for affected persons:

Compliance costs for elk producers will not change as this rule change affects the date of activities that are required and does not add additional requirements.

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

The changes to Rule R58-18 will have minimal to no impact on businesses. This change is needed to align the dates to match the Domesticated Elk Act (Title 4, Chapter 39). This rule change was presented to the Agricultural Advisory Board on 01/22/2013.

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:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-18. Elk Farming.

R58-18-4. License Renewal.

(1) Each elk farm must make renewal application to the department on the prescribed form no later than April[May] 30th indicating its desire to continue as an elk farm. This application shall be accompanied by the required fee. Any license renewal application received after April 30th will have a late fee assessed.

[ (2) Any license renewal application received after June 30th will have a late fee assessed.

] ( 2[3]) Any license received after July 1st is delinquent and any animals on the farm will be quarantined until due process of law against the current owner has occurred. This may result in revocation of the license, loss of the facility number, closure of the facility and or removal of the elk from the premise.

( 3[4]) Prior to renewal of the license, the facility will again be inspected by a Utah Department of Agriculture and Food employee. Documentation that all fencing and facility requirements are met as required.

( 4[5]) An inventory check will be completed of all elk on the premise, and a visual general health check of all animals will be made. Documentation showing that genetic purity has been maintained throughout the year is also required for annual license renewal.

( 5[6]) The licensee shall provide a copy of the inventory sheet to the inspector at the time of inspection.

 

R58-18-6. Records.

(1) Licensed elk farms shall maintain accurate and legible office records showing the inventory of all elk on the facility. The inventory record of each animal shall include:

(a) Name and address of agent(s) which the elk was purchased from ,

(b) Identification number (tattoo or chip) ,

(c) Age ,

(d) Sex ,

(e) Date of purchase or birth ,

(f) Date of death or change of ownership , and

(g) Certificate of Veterinary Inspection if purchased out of state.

The inventory sheet may be one that is either provided by the department or may be a personal design of similar format.

(2) Any animal born on the property or transported into a facility must be added to the inventory sheet within seven days.

(3) Any elk purchased must be shown on the inventory sheet within 30 days after acquisition, including source.

 

R58-18-9. Identification.

(1) All elk shall be permanently identified with either a tattoo or micro chip.

(2) If the identification method chosen to use is the micro chip, a reader must be made available, by the owner, to the inspector at the time of any inspection to verify chip number. The chip shall be placed in the right ear.

(3) If tattooing is the chosen method of identification, each elk shall bear a tattoo number consisting of the following:

(a) UT (indicating Utah) followed by a number assigned by the department (indicating the facility number of the elk farm) and

(b) Any alphanumeric combination of letters or numbers consisting of not less than 3 digits, indicating the individual animal number herein referred to as the "ID number".

Example:

UTxxx

ID number (001)

(c) Each elk shall be tattooed on either the right peri-anal hairless area beside the tail or in the right ear.

(d) Each alphanumeric character must be at least 3/8 inch high.

(e) Each newly purchased elk will not need to be retattooed or chipped if they already have this type of identification.

(f) Any purchased elk not already identified shall be tattooed or chipped within 30 days after arriving on the farm.

(g) All calves must be tattooed within 15 days after weaning or in no case later than September 15th[March 1st].

(4) In addition to one of the two above mentioned identification methods, each elk shall be identified by the official USDA ear tag or other ear tag approved by the director.

 

KEY: inspections

Date of Enactment or Last Substantive Amendment: [December 8, 2008]2013

Notice of Continuation: January 18, 2012

Authorizing, and Interpreted or Implemented Law: 4-39-106