DAR File No. 37850
This rule was published in the August 1, 2013, issue (Vol. 2013, No. 15) of the Utah State Bulletin.
Agriculture and Food, Animal Industry
Notice of Proposed Rule
DAR File No.: 37850
Filed: 07/15/2013 04:19:20 PM
Purpose of the rule or reason for the change:
The Utah Department of Agriculture and Food is requesting changes to Rule R58-18 so the rule will conform with requirements found in 9 CFR Part 55, Control of Chronic Wasting Disease.
Summary of the rule or change:
In Section R58-18-2, definitions were added for animal identification, commingled, commingling, Chronic Wasting Disease (CWD)-exposed animal, CWD-exposed herd, CWD Heard Certification Plan, CWD-positive animal, CWD-positive herd, CWD-suspect animal, CWD-suspect herd and changes were made to existing definitions to conform with 9 CFR Part 55. In Section R58-18-4, clarifications to the relicensing procedures are being made, as well as adding a requirement of a physical reconciliation of elk inventories with the individual animal identification to occur once every three years. In Section R58-18-5, added a clarification statement that perimeter fences must prevent the movement of captive and wild cervids from entering or leaving the facility. In Section R58-18-6, clarifies the requirement of death records and the time submission guidelines. In Section R58-18-9, clarifies the time frame when an elk must be identified by. In Section R58-18-12, adds procedures that will allow the Department to investigate and respond to positive or suspect cases of CWD. Also adds the requirement that the medial retropharyngeal lymph nodes be collected with the brainstem to test for CWD upon death or harvesting of the animal. Section R58-18-13 has been added that outlines the CWD herd status program that will allow the elk producer to export elk out of Utah. Section R58-18-14 has been added that outlines the procedures required for an elk producer to follow that will allow them to respond to and recover from finding a CWD positive animal in their facility. Section R58-18-15 has been added that gives the Department the ability to deny, suspend, or revoke a license for a domestic elk facility and outlines the procedures and the circumstances that such actions can occur. Outlines the appeal process that the elk producer can use to appeal actions by the Department.
State statutory or constitutional authorization for this rule:
- Subsection 4-2-2(1)(j)
- Subsection 4-2-2(1)(c)(i)
- Title 4, Chapter 39
Anticipated cost or savings to:
the state budget:
Changes to Rule R58-18 will not change the budgetary requirements for the Utah Department of Agriculture and Food as the rule changes will add no additional requirements on the Department with the exception of every third year, complete inventory of which the personnel costs will be absorbed by the existing budget.
The existing rule has no financial requirement on local jurisdictions and the rule change will not add any requirement on the local jurisdictions.
This rule change will not affect the costs for producers of elk as it only clarifies procedures that they already are following to do business as an elk breeder in Utah. There will be some costs for those elk breeders that are not in compliance with existing rules.
persons other than small businesses, businesses, or local governmental entities:
The only other entity that has a financial burden is the Utah Division of Wildlife Resources. The proposed change to Rule R58-18 will not place any additional enforcement or financial burden on the Division.
Compliance costs for affected persons:
The proposed changes will not change the financial burden on existing facilities unless the facility is presently out of compliance with Rule R58-18. To fully comply, the facility will need to become compliant which may mean costs associated with bringing the facilities into compliance.
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 changes are needed so that elk may be sold out of state in compliance with the Federal Control of Chronic Wasting Disease rule. This rule change was presented to the Elk Advisory Board on 05/20/2013.
Leonard 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
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 firstname.lastname@example.org
- Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at email@example.com
- Wyatt Frampton at the above address, by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at firstname.lastname@example.org
- Bruce King at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at email@example.com
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:
Interested persons may attend a public hearing regarding this rule:
- 08/16/2013 03:00 PM, DAAF, 350 N Redwood Rd, Salt Lake City, UT
This rule may become effective on:
Leonard Blackham, Commissioner
R58. Agriculture and Food, Animal Industry.
R58-18. Elk Farming.
Regulations governing elk farming promulgated under authority of 4-39-106.
In addition to the definitions found in Sections 4-1-8, 4-7-3, 4-24-2, 4-32-3 and 4-39-102, the following terms are defined for purposes of this rule:
(1) "Adjacent Herd" means a herd of Cervidae occupying premises that border an affected herd, including herds separated by fences, roads or streams, herds occupying a premise where CWD was previously diagnosed, and herds that share the same license as the affected or source herd, even if separate records are maintained and no commingling has taken place.
(2) "Affected herd" means a herd of Cervidae where an animal has been diagnosed with Chronic Wasting Disease (CWD) caused by protease resistant prion protein (PrP), and confirmed by means of an approved test, within the previous 5 years.
3]) "Approved test" means approved tests
CWD surveillance shall be those
laboratory or diagnostic tests accepted nationally by USDA and
approved by the
4]) "Destination Herd" means the
intended herd of residence, which will be occupied by the animal
which is proposed for importation.
5]) "Domestic elk" as used in this
chapter, in addition to 4-39-102, means any elk which has been born
inside of, and has spent its entire life within captivity.
6]) "Elk" as used in this chapter means
North American Wapiti or Cervus Elaphus Canadensis.
7]) "Herd of Origin" means the herd,
which an imported animal has resided in, or does reside in, prior
8]) "Official slaughter facility" means
a place where the slaughter of livestock occurs that is under the
authority of the state or federal government and receive state or federal inspection.
9]) "Quarantine Facility" means a
confined area where selected elk can be secured, contained and
isolated from all other elk and livestock.
10]) "Raised" as used in the act means
any possession of domestic elk for any purpose other than
11]) "Secure Enclosure" means a
perimeter fence or barrier that is so constructed as to prevent
domestic elk from escaping into the wild or the ingress of native
wildlife into the facility.
12]) "Separate location" as used in
Subsection 4-39-203(5) means any facility that may be separated by
two distinct perimeter fences, not more than 10 miles apart, owned
by the same person.
13]) "Trace Back Herd/Source Herd" means
a[ ny] herd of Cervidae where an animal affected with
up to 36 months prior to death].
14]) "Trace Forward Herd" means a[ ny] herd of Cervidae which has received
animals that originated from a
[ where] CWD [ has been diagnosed,]in the
previous 36 months prior to the death of the affected
R58-18-3. Application and Licensing Process.
(1) Each applicant for a license shall
submit a signed, complete, accurate and legible application on a
d]epartment issued form.
(2) In addition to the application, a general plot plan should be submitted showing the location of the proposed farm in conjunction with roads, towns, etc. in the immediate area.
(3) A facility number shall be assigned to
an elk farm at the time a completed application is received
at] the Department[
of Agriculture and Food building].
(4) A complete facility inspection and approval shall be conducted prior to the issuing of a license or entry of elk to any facility. This inspection shall be made by an approved Department of Agriculture and Food employee and Division of Wildlife Resource employee. It shall be the responsibility of the applicant to request this inspection at least 72 hours in advance.
(5) Upon receipt of an application, inspection and approval of the facility and completion of the facility approval form and receipt of the license fee, a license will be issued.
(6) All licenses expire on July 1st in the year following the year of issuance.
(7) Elk may enter into the facility only
after a license is issued by the
d]epartment and received by the applicant.
R58-18-4. License Renewal.
(1) Each elk farm must make renewal
application to the
d]epartment on the prescribed form no later than
April 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
(2) 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.
Prior to renewal of the license, the facility will again be inspected by a Utah Department of Agriculture and Food employee.
D]ocument[ ation] that all fencing and facility requirements
are met as required.
[ A]n inventory c[ heck] [ will be completed] o[ f] 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) The licensee shall provide a copy of the inventory
sheet to the inspector at the time of inspection].
(1) All perimeter fences and gates shall meet the minimum standard as defined in Section 4-39-201.
(2) Internal handling facilities shall be capable of humanely restraining an individual animal for the applying or reading of any animal identification, the taking of blood or tissue samples, or conducting other required testing by an inspector or veterinarian.
Any such restraint shall be properly constructed to protect inspection personnel while handling the animals.
Minimum requirements include a working pen, an alley way and a restraining chute.
(3) The licensee shall provide an isolation or quarantine holding facility which is adequate to contain the animals and provide proper feed, water and other care necessary for the physical well being of the animal(s) for the period of time necessary to separate the animal from other animals on the farm.
(4) Each location of a licensed facility with separate perimeter fences must have its own separate loading facility.
(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) ,
(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
d]epartment or may be a personal design of similar
2]) Any animal born on the property or transported
into a facility must be added to the inventory sheet within seven
3]) Any elk purchased must be shown on the
inventory sheet within 30 days after acquisition, including
R58-18-7. Genetic Purity.
(1) All elk entering Utah, except those going directly to slaughter, must have written evidence of genetic purity.
Written evidence of genetic purity will include one of the following:
(a) Test charts from an approved lab that have run either a:
(i) Blood genetic purity test or
(ii) DNA genetic purity test.
(b) Registration papers from the North American Elk Breeders Association.
(c) Herd purity certification papers issued by another state agency.
2]) Genetic purity records must be kept on file
and presented to the inspector at the time elk are brought into the
state and also each year during the license renewal process.
3]) Any elk identified as having red deer genetic
influence shall be destroyed, or immediately removed from the
R58-18-8. Acquisition of or slaughter of Elk.
(1) Only domesticated elk will be allowed to enter and be kept on any elk farm in Utah.
(2) All new elk brought into a facility shall be held in a quarantine facility until a livestock inspector has inspected the animal(s) to verify that all health, identification and genetic purity requirements have been met. New animals may not co-mingle with any elk already on the premise until this verification is completed by the livestock inspector.
(3) All elk presented for slaughter at an official slaughter facility, that have come from an out of state source, must arrive on a day when no Utah raised elk or elk carcasses are present at the plant.
(4) Individual elk identification must be maintained throughout slaughter and processing until such time that CWD test results have been returned from the laboratory.
(5) Out of state elk shall be tested for Brucellosis at the time of slaughter.
(1) All elk shall be permanently
identified with either a tattoo or micro[
(2) If the identification method chosen to
use is the micro[
(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
d]epartment (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".
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 .
(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
(1) All facilities must be inspected
within 60 days before a license or the renewal of an existing
license is issued. It is the responsibility of the applicant to
arrange for an appointment with the
d]epartment for such inspection, giving the
[ d]epartment ample time to respond to such a
(2) All elk must be inspected for inventory purposes within 60 days before a license renewal can be issued.
(3) All elk must be inspected when any change of ownership, moving out of state, leaving the facility, slaughter or selling of elk products, such as antlers, occurs except as indicated in (f) below.
(a) It is the responsibility of the licensee to arrange for any inspection with the local state livestock inspector.
(b) A minimum of 48 hours advance notice shall be given to the inspector.
(c) When inspected, the licensee or his representative shall make available such records as will certify ownership, genetic purity, and animal health.
(d) All elk to be inspected shall be properly contained in facilities adequate to confine each individual animal for proper inspection.
(e) Animals shall be inspected before being loaded or moved outside the facility.
(f) Animals moving from one perimeter fence to another within the facility may move directly from one site to another site without a brand inspection, but must be accompanied with a copy of the facility license.
(4) Any elk purchased or brought into the facility from an out-of-state source shall be inspected upon arrival at a licensed farm before being released into an area inhabited by other elk. All requirements of R58-18-10(3) above shall apply to the inspection of such animals.
(5) A Utah Brand Inspection Certificate shall accompany any shipment of elk or elk products, including velveted antlers, which are to be moved from a Utah elk farm.
Shed antlers are excluded from needing an inspection.
Proof of ownership and proper health papers shall accompany all interstate movement of elk to a Utah destination.
6]) Proof of ownership may include:
(a) A brand inspection certificate issued by another state.
(b) A purchase invoice from a licensed public livestock market showing individual animal identification.
(c) Court orders.
(d) Registration papers showing individual animal identification.
(e) A duly executed bill (notarized) of sale.
R58-18-11. Health Rules.
(1) Prior to the importation of elk,
whether by live animals, gametes, eggs, sperm or other genetic
material into the State of Utah, the importing party must obtain an
entry] permit from the Utah State Veterinarian
entry] permit number shall be issued only if the
destination is licensed as an elk farm by the Utah Department of
Agriculture and Food or an official slaughter facility.
entry] permit number for Utah shall be obtained by
the local veterinarian conducting the official health inspection by
contacting the Utah Department of Agriculture and Food[
permit desk at 80l-538-7164].
(2) All elk imported into Utah must be
examined by an accredited veterinarian prior to importation and
must be accompanied by a valid
[ i]nspection, health certificate, certifying a
disease free status.
(a) Minimum specific disease testing
results or health statements must be included on the
[ i]nspection. Minimum disease testing requirement
may be waived on elk traveling directly to an official slaughter
(b) A negative tuberculosis test must be
completed within 60 days prior to entry into the state. A retest is
also optional at the discretion of the
(c) If animals do not originate from a tuberculosis accredited, qualified or monitored herd, they may be imported only if accompanied by a certificate stating that such domestic cervidae have been classified negative to two official tuberculosis tests that were conducted not less than 90 days apart, that the second test was conducted within 60 days prior to the date of movement. The test eligible age is six months or older, or less than six months of age if not accompanied by a negative testing dam.
(d) All elk being imported shall test negative for brucellosis if six months of age or older, by at least two types of official USDA brucellosis tests.
[ i]nspection must also include the following signed
statement: "To the best of my knowledge the elk listed herein
are not infected with Johne's Disease (Paratuberculosis),
Chronic Wasting Disease or Malignant Catarrhal Fever and have never
been east of the 100 degree meridian."
[ i]nspection shall also contain the name and
address of the shipper and receiver, the number, sex, age and any
individual identification on each animal.
(3) Additional disease testing may be
required at the discretion of the
[ v]eterinarian prior to importation or when there
is reason to believe other disease(s), or parasites are present, or
that some other health concerns are present.
(4) Imported or existing elk may be
required to be quarantined at an elk farm if the
[ v]eterinarian determines the need for and the
length of such a quarantine.
(5) Any movement of elk outside a licensed
elk farm shall comply with standards as provided in the document
entitled: "Uniform Methods and Rules (UM and R)", as
approved and published by the USDA. The documents, entitled:
"Tuberculosis Eradication in Cervidae, Uniform Methods and
Rules", the May 15, 1994 edition, and "Brucellosis
Eradication, Uniform Methods and Rules", the May 6, 1992
edition as published by the USDA, are hereby incorporated by
reference into this rule. These are the standards for tuberculosis
and brucellosis eradication in domestic cervidae.[
Copies of the methods and rules are on file and available
for public inspection at the Division of Animal Industry,
Department of Agriculture and Food offices located at 350 North
Redwood Road, Salt Lake City, Utah.]
(6) Treatment of all elk for internal and external parasites is required within 30 days prior to entry, except elk going directly to slaughter.
(7) All elk imported into Utah must originate from a state or province, which requires that all suspected or confirmed cases of Chronic Wasting Disease (CWD), be reported to the State Veterinarian or regulatory authority. The state or province of origin must have the authority to quarantine source herds and herds affected with or exposed to CWD.
(8) Based on the State Veterinarian's approval, all elk imported into Utah shall originate from states, which have implemented a Program for Surveillance, Control, and Eradication of CWD in Domestic Elk. All elk imported to Utah must originate from herds that have been participating in a verified CWD surveillance program for a minimum of 5 years. Animals will be accepted for movement only if epidemiology based on vertical and horizontal transmission is in place.
(9) No elk originating from a CWD affected herd, trace back herd/source herd, trace forward herd, adjacent herd, or from an area considered to be endemic to CWD, may be imported to Utah.
(10) Elk semen, eggs, or gametes, require
a Certificate of Veterinary Inspection verifying the individual
source animal has been tested for genetic purity for Rocky Mountain
Elk genes and certifying that it has never resided on a premise where Chronic Wasting Disease has been identified or
traced. An import [
[ P]ermit obtained by the issuing veterinarian must
be listed on the Certificate of Veterinary Inspection.[ Permits may be obtained by calling 801-538-7164 during the
hours of 8:00 a.m. to 5:00 p.m., Monday through
R58-18-12. Chronic Wasting Disease Surveillance.
(1) The owner, veterinarian, or inspector of any elk which is suspected or confirmed to be affected with Chronic Wasting Disease (CWD) in Utah is required to report that finding to the State Veterinarian.
2]) Each elk farm, licensed in Utah, shall be
required to submit the brain stem (obex portion of the medulla)
of any elk over 12 months
of age that dies or is otherwise slaughtered or destroyed, for
testing for Chronic Wasting Disease (CWD) by an official test. The
samples shall be collected by an accredited veterinarian, or an
approved laboratory, or person trained and approved by the
3]) Each hunting park, licensed in Utah, shall be
required to submit the brain stem (obex portion of the medulla)
of all elk over 12 months
of age that die; or that are otherwise harvested, slaughtered,
killed, or destroyed, for testing for Chronic Wasting Disease with
an official test. The samples shall be collected by an accredited
veterinarian, approved laboratory, or person trained and approved
by the State Veterinarian.
4]) The CWD surveillance samples from elk residing
on licensed elk farms and elk hunting parks shall be collected and
preserved in formalin within 48 hours following the death of the
animal, and submitted within 7 days, to a laboratory approved by
the State Veterinarian. Training of approved personnel shall
include collection, handling, shipping, and identification of
specimens for submission.
5]) Laboratory fees and expenses incurred for
collection and shipping of samples shall be the responsibility of
the participating elk farm or hunting park.
disposition of CWD
[ affected] herds in Utah shall be determined by the
Date of Enactment or Last Substantive Amendment: [
March 25, ]2013
Notice of Continuation: January 18, 2012
Authorizing, and Implemented and Interpreted Law: 4-39-106
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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 firstname.lastname@example.org; Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at email@example.com; Wyatt Frampton at the above address, by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at firstname.lastname@example.org; Bruce King at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at email@example.com.