This filing was published in the 11/01/2008, issue, Vol. 2008, No. 21, of the Utah State Bulletin.
Agriculture and Food, Animal Industry
NOTICE OF PROPOSED RULE
DAR File No.: 32011
Filed: 10/09/2008, 11:27
Received by: NL
Purpose of the rule or reason for the change:
This rules needs to be amended for the following reasons: 1) to add the definition of "official slaughter facility"; 2) to change the dates of licensing; 3) to modify requirements for entry into the state; 4) to eliminate the need for a rivanol brucellosis test that is sometimes difficult to obtain; and 5) to lower the age of testing for chronic wasting disease from 16 months to 12 months. These changes were requested by the Elk Advisory Council.
Summary of the rule or change:
The change eliminates the need for a rivanol brucellosis test that is sometimes difficult to obtain and to lower the age of testing for chronic wasting disease from 16 months to 12 months. The change also adds the definition of "official slaughter facility"; changes the dates of licensing; and modifies requirements for entry into the state.
State statutory or constitutional authorization for this rule:
Title 4, Chapter 39
Anticipated cost or savings to:
the state budget:
More animals will be tested as the age has been lowered by four months, but the cost will be low. The federal government pays for all testing at this point. If federal funding goes away, the producer will need to pay for the testing. So there will be no cost to the state budget.
Local government is not involved in testing elk, so there is no cost to them.
small businesses and persons other than businesses:
The rule will make it easier to obtain brucellosis testing when importing elk from an area that does not offer the rivanol brucellosis test.
Compliance costs for affected persons:
The elk industry is already under the requirement to test all elk that die or that are killed at 16 months of age or older. This change will lower the required age to 12 months. This will increase the number of animals tested slightly. So far testing is being paid for by the federal government.
Comments by the department head on the fiscal impact the rule may have on businesses:
These changes were requested by the Elk Advisory Council which is made up of elk ranchers. Even though there will be some additional testing requirement costs, overall these changes will save businesses money. 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
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034
Direct questions regarding this rule to:
Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Leonard M. Blackham, Commissioner
R58. Agriculture and Food, Animal Industry.
R58-18. Elk Farming.
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:
(10)] "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
(7)] "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.
(11)] "Approved test" means approved
tests for CWD surveillance shall be those laboratory or diagnostic tests
accepted nationally by USDA and approved by the state veterinarian.
(13)] "Destination Herd" means the
intended herd of residence, which will be occupied by the animal which is
proposed for importation.
(3)] "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.
(12)] "Herd of Origin" means the herd,
which an imported animal has resided in, or does reside in, prior to
(4)] "Quarantine Facility" means a
confined area where selected elk can be secured, contained and isolated from
all other elk and livestock.
(1)] "Raised" as used in the act means
any possession of domestic elk for any purpose other than hunting.
(5)] "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.
(2)] "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.
(8)] "Trace Back Herd/Source Herd"
means any herd of Cervidae where an animal affected with CWD has resided up to
36 months prior to death.
(9)] "Trace Forward Herd" means any
herd of Cervidae which has received animals that originated from a herd where
CWD has been diagnosed, in the previous 36 months prior to the death of the
affected (index) animal.
R58-18-4. License Renewal.
(1) Each elk farm must make renewal application
to the department on the prescribed form no later than [
30th indicating its desire to continue as an elk farm. This application shall be accompanied by the
(2) Any license renewal application received
April] 30th will have a late fee assessed.
(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.
(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.
(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.
(6) The licensee shall provide a copy of the inventory sheet to the inspector at the time of inspection.
R58-18-7. Genetic Purity.
(1) All [
animals] entering Utah must have written evidence of
genetic purity. Written evidence of genetic purity will include one of the
(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 state.
R58-18-8. Acquisition 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.
(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".
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 [
(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.
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 Veterinarians office. (801-538-7164)
(a) An entry permit number shall be issued only if the destination is licensed as an elk farm by the Utah Department of Agriculture and Food.
(b) The 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 certificate of veterinary inspection, health certificate, certifying a disease free status.
(a) Minimum specific disease testing results or health statements must be included on the certificate of veterinary inspection.
(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 state veterinarian.
(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[
, one of which shall be the rivanol test].
(e) The certificate of veterinary inspection 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."
(f) The certificate of veterinary inspection 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 state veterinarian 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 state veterinarian 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.
(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.
Due to the potential risk of the spread
of CWD, no live elk shall be imported into Utah until July 1, 2003. Following this period and ][ b]ased
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
(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 Entry Permit 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 Friday.
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 [
16] 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 state veterinarian.
(3) Each hunting park, licensed in Utah, shall
be required to submit the brain stem (obex portion of the medulla) of all elk
16] 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.
(6) The disposition of CWD affected herds in Utah shall be determined by the State Veterinarian.
Date of Enactment or Last Substantive
July 18, 2002]
Notice of Continuation: February 8, 2007
Authorizing, and Implemented or Interpreted Law: 4-39-106
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For questions regarding the content or application of this rule, please contact 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
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.
Last modified: 10/29/2008 9:23 PM