DAR File No. 27581

Agriculture and Food, Animal Industry

R58-2

Diseases, Inspections and Quarantines

NOTICE OF PROPOSED RULE

DAR File No.: 27581
Filed: 12/09/2004, 08:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to adopt the most current edition of 9 CFR and to include in the rule the requirements for moving sheep within the State of Utah.

Summary of the rule or change:

This proposed amendment adopts the January 1, 2002, edition of 9 CFR 1, 71, and 79. It also adds language that all sheep moving within the State of Utah must comply with federal Scrapie identification requirements as listed in 9 CFR, Part 79, January 1, 2002, edition.

State statutory or constitutional authorization for this rule:

Sections 4-31-15 and 4-31-17, and Subsection 4-2-2(1)(c)(ii)

9 CFR Parts 1, 71, and 79, January 1, 2002, edition

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The cost would be to the owner for the application of the Scrapie tags.

local governments:

There is no anticipated cost or savings to local government. The cost would be to the owner for the application of the Scrapie tags.

other persons:

The owner would be responsible for the labor cost of Scrapie tagging. The tags are provided free of charge by the United States Department of Agriculture.

Compliance costs for affected persons:

There is no compliance cost associated with this change. Quarantines will be issued to owners or caretakers of animals affected with or exposed to infectious, contagious, or communicable diseases.

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

The requirement is a federal requirement and the changes in this rule merely reflects that Utah is a Scrapie program compliant state.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Mike Marshall, Marolyn Leetham, or Earl Rogers at the above address, by phone at 801-538-7160, 801-538-7114, or 801-538-7162, by FAX at 801-538-7169, 801-538-7126, or 801-538-7169, or by Internet E-mail at mmarshall@utah.gov, mleetham@utah.gov, or erogers@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:

01/31/2005

This rule may become effective on:

02/01/2005

Authorized by:

Cary G. Peterson, Commissioner

RULE TEXT

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. 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, 200[1]2, 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, 200[1]2, edition; and the Utah Health Code Sections 26-6, 19-4 and 19-5.

KEY: quarantines

[August 15, 1997]2005

Notice of Continuation October 30, 2001

4-31-15

4-31-17

4-2-2(1)(c)(ii)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Mike Marshall, Marolyn Leetham, or Earl Rogers at the above address, by phone at 801-538-7160, 801-538-7114, or 801-538-7162, by FAX at 801-538-7169, 801-538-7126, or 801-538-7169, or by Internet E-mail at mmarshall@utah.gov, mleetham@utah.gov, or erogers@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.