Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2013, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R58. Agriculture and Food, Animal Industry.

Rule R58-1. Admission and Inspection of Livestock, Poultry, and Other Animals.

As in effect on April 1, 2013

Table of Contents

R58-1-1. Authority.

A. Promulgated under the authority of Title 4, Chapter 31 and Subsections 4-2-2(1)(c)(i), 4-2- 2(1)(j).

B. It is the intent of these rules to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within the State of Utah (INTRASTATE) and the importation of animals into the state (INTERSTATE).

R58-1-2. Definitions.

A. "Accredited Veterinarian" - 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.

B. "Animals" - All vertebrates, except humans.

C. "Approved Livestock Market" - A livestock market which meets the requirements as outlined in 9 CFR 78, which is incorporated by reference, Title 4, Chapter 30, Utah Code Unannotated:and R58-7, Utah Administrative Code.

D. "Approved Slaughter Establishment" - A State or Federally inspected slaughter establishment at which ante-mortem and post-mortem inspection is conducted by State or Federal inspectors.

E. "Brand Inspection Certificate" - An official form, issued by a government agency or other agency responsible for animal identification in the state of origin, used to transfer title of livestock; listing the identification marks of the animals(s) as well as the consignor and consignee contact information.

F. "Camelidae" - A term referring to members of the family of animals which for the purposes of these rules includes camels, llamas, alpacas, guanacos, and vicunas.

G. "Captive Cervidae" - A term referring to members of the family of animals which for the purposes of these rules includes captive bred Caribou (Reindeer), captive bred Elk, and captive bred Fallow deer or any other captive bred cervidae allowed with permission from the state veterinarian and the Utah Division of Wildlife Resources.

H. "Commuter cattle" - A herd of cattle located in two or more states that is documented as a valid ranching operation by those states in which the herd is located and which requires movement of cattle interstate from a farm of origin or returned interstate to a farm of origin in the course of normal ranching operations, without change of ownership, directly to or from another premise owned, leased, or rented by the same individual.

I. "Department" - Utah Department of Agriculture and Food.

J. "Direct Movement" - Movement in which the animals are not unloaded enroute to their final destination and not commingled with another producer's animals.

K. "Exposed Animal", "Reactor", "Suspect", as defined in the United States Department of Agriculture; Animal and Plant Health Inspection Service and Veterinary Services Brucellosis Eradication Uniform Methods and Rules, and 9 CFR 78.

L. Farm of Origin - For the purposes of this rule, means the farm where the animal was born.

M. "Livestock Market Veterinarian" - A Utah licensed and USDA accredited veterinarian appointed by the Utah Department of Agriculture and Food to work in livestock markets in livestock health and movement matters.

N. "Official Calfhood Vaccinate" - Female bison or cattle vaccinated by a USDA Veterinary Services representative, State certified technician, or accredited Veterinarian with an approved dose of RB51 Vaccine or other USDA approved agent while from 4 to 12 months of age in accordance with its labeling. These cattle must be properly identified by official tattoos and ear tag or registration tattoo and be reported on an official vaccination certificate (VS Form 4-24) within 30 days to the State Veterinarian.

O. "Poultry" - The term shall mean chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants, domestic fowl, waterfowl and gamebirds.

P. "Qualified Feedlot" - A feedlot approved by the Utah Department of Agriculture and Food to handle heifers, cows or bulls which are either official calfhood vaccinated, or brucellosis unvaccinated animals confined to a drylot area which is used to upgrade or finish feeding animals going only to slaughter or another qualified feedlot. All such animals must be kept separate from other animals not destined for slaughter.

Q. "Quarantine" - A verbal or written restriction of movement of animals into or out of an area or premise, issued by a representative of the Utah Department of Agriculture and Food under authority of the Commissioner of Agriculture.

R. "Reportable Disease List" - A list of diseases and conditions that may affect the health and welfare of the animals or the public which are reportable to the state veterinarian.

S. "Test Eligible Cattle and Bison" - All cattle or bison six months of age or older, except:

1. Steers, spayed heifers;

2. Official calfhood vaccinates of any breed under 24 months of age which are not parturient, springers, or post parturient;

3. Official calfhood vaccinates, dairy or beef breeds of any age, which are Utah Native origin.

4. Utah Native Bulls from non-infected herds.

R58-1-3. Intrastate Cattle Movement - Rules - Brucellosis.

A. The State Veterinarian may require brucellosis testing of cattle, bison, and elk, moving intrastate as necessary to protect against potential disease threat or outbreak.

B. Utah Department of Agriculture and Food Livestock Inspectors will help regulate Intrastate movement of cattle according to Brucellosis rules at the time of change of ownership inspection.

R58-1-4. Interstate Importation Standards.

A. No animal, poultry or bird of any species or other animal including wildlife, that is known to be affected with or has been exposed to a contagious, infectious or communicable disease, or that originates from a quarantined area, shall be shipped, transported or moved into the State of Utah until written permission for such entry is first obtained from the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services Division, and the Utah Department of Agriculture and Food, State Veterinarian or Commissioner of Agriculture.

B. Certificate of Veterinary Inspection. An official Certificate of Veterinary Inspection issued by an accredited veterinarian is required for importation of all animals. A copy of the certificate shall be immediately forwarded to the Utah Department of Agriculture and Food by the issuing veterinarian or the animal health official of the state of origin.

C. Import Permits. Livestock, poultry and other animal import permits may be issued by telephone to the accredited veterinarian responsible for issuing a Certificate of Veterinary Inspection.

R58-1-5. Cattle and Bison.

A. A Certificate of Veterinary Inspection and an import permit must accompany all cattle and bison imported into the state.

B. All cattle and bison must carry some form of individual identification, such as;

1. A brand registered with an official brand agency, or

2. An ear tag, or

3. A registration tattoo.

4. Identification must be listed on the Certificate of Veterinary Inspection. Official individual identification used for testing purposes must be shown on the Certificate of Veterinary Inspection.

5. All cattle and bison imported into Utah from Canada, except those imported directly to slaughter, must be permanently branded with the letters CAN, not less than two (2) inches high nor more than three (3) inches high, placed high on the right hip.

C. The import permit number must be listed on the Certificate of Veterinary Inspection.

D. The following cattle are exempted from (A) above:

1. Cattle consigned directly to slaughter at an approved slaughter establishment; and

2. Cattle consigned directly to a State or Federal approved Auction Market.

3. Movements under Subsections R58-1-5(D)(1), and R58-1-5(D)(2) must be in compliance with state and federal laws and regulations and must be accompanied by a weighbill, brand certificate, or similar document showing some form of positive identification, signed by the owner or shipper stating the origin, destination, number and description of animals and purpose of movement.

4. Commuter cattle are exempt as outlined in Subsection R58-1-5(F).

E. A brand inspection certificate or proof of ownership, which indicates the intended destination, is required for cattle entering the state.

F. Commuter cattle may enter Utah or return to Utah after grazing if the following conditions are met.

1. A commuter permit approved by the import state and the State of Utah must be obtained prior to movement into Utah. This will allow movements for grazing for current season if the following conditions are met:

a. All cattle shall meet testing requirements as to State classification for interstate movements as outlined in 9 CFR 1-78, which is incorporated by reference; USDA, Animal and Plant Health Inspection Services, Brucellosis Eradication, Uniform Methods and Rules, October 1, 2003, and approved by cooperating States.

b. Commuter cattle shall not be mixed with quarantined, exposed, or suspect cattle nor change ownership during the grazing period.

c. All bulls used in the commuter herd must be tested annually for trichomoniasis as required by the state of Utah.

2. No quarantined, exposed or reactor cattle shall enter Utah.

G. Prior to importation of cattle or bison into Utah the following health restrictions must be met.

1. Bison and beef breed heifers of vaccination age between four and 12 months must be officially calfhood vaccinated for brucellosis prior to entering Utah. All female bison and beef breed cattle imported to Utah must have a legible brucellosis calfhood vaccination tattoo to be imported or sold into the State of Utah, unless going directly to slaughter, or qualified feedlot to be sold for slaughter, or to an approved livestock market to be sold for slaughter or for vaccination.

a. Bison and beef breed heifers of vaccination age may be vaccinated upon arrival by special permit from the state veterinarian.

2. Test eligible cattle imported from states designated as brucellosis free, that are acquired directly from the farm of origin and moving directly to the farm of destination are not required to be tested for brucellosis prior to movement.

3. Test eligible cattle imported from states designated as brucellosis free, that are acquired through "trading channels", or any "non-farm of origin source" must be tested negative for brucellosis within 30 days prior to entry.

4. All test eligible cattle imported from states that have not been designated as brucellosis free must test negative for brucellosis within 30 days before movement into Utah.

5. Exceptions to the above testing requirements include exhibition animals and Test Eligible Cattle imported to Utah and moving directly to:

a. an approved livestock market, or

b. to a "qualified feedlot", or

c. for immediate slaughter to an approved slaughter establishment.

6. No reactor cattle, or cattle from herds under quarantine for brucellosis will be allowed to enter the state except when consigned to an approved slaughter establishment. An import permit and a Veterinary Services Form 1-27 prior to shipment are also required.

7. Entry of cattle which have been retattooed is not permitted unless they are moved for immediate slaughter to an approved slaughter establishment or to not more than one state or federal approved market for sale to a qualified feedlot or slaughtering establishment.

8. Entry of cattle which have been adult vaccinated is not permitted unless they are for immediate slaughter to an approved slaughter establishment.

9. A negative tuberculosis test is required within 60 days prior to shipment for all dairy cattle 2 months of age and older and bison 6 months of age and older.

10. Breeding cattle originating within a quarantined area or from reactor or exposed herds and all cattle from an area which is not classified as Tuberculosis Free according to 9 CFR,77 are required to be tested for tuberculosis within 60 days prior to entry to Utah.

11. Rodeo bulls and roping steers must be tested annually during the calendar year for tuberculosis prior to entry to Utah.

12. No cattle affected with, or exposed to scabies shall be moved into Utah. Cattle from a county where scabies have been diagnosed during the past 12 months must be officially treated within 10 days prior to shipment into Utah. The date of treating and products used must be shown on the Certificate of Veterinary Inspection.

13. No cattle infested with ticks that can transmit splenic or tick fever, or exposed to tick infestations shall be imported into the State of Utah for any purpose.

14. All bulls imported to Utah shall be in compliance with R58-21-3(A), which requires testing of all bulls over nine months of age for Trichomoniasis prior to entry, with some exceptions which are for slaughter, rodeo, exhibition, and dairy bulls kept in confinement.

R58-1-6. Horses, Mules, Asses, and Other Equidae.

A. Equidae may be imported into the State of Utah when accompanied by an official Certificate of Veterinary Inspection.

B. The Certificate of Veterinary Inspection must show a negative Equine Infectious Anemia (EIA)(Coggins - AGID or ELISA) test within one year previous to the time the certificate was issued.

1. Entry of equidae into Utah shall not be allowed until the EIA test has been completed and reported negative.

2. Equidae which test positive to the EIA test shall not be permitted entry into Utah, except by special written permission from the state veterinarian.

3. A nursing foal less than six (6) months of age accompanied by its EIA negative dam is exempt from the test requirements.

C. Utah horses returning to Utah as part of a commuter livestock shipment are exempted from the Certificate of Veterinary Inspection requirements; however, a valid Utah horse travel permit as outlined under Sections 4- 24-22 or 4-24-23 and Section R58-9-4 is required for re-entering Utah.

D. All stallions used for breeding that enter Utah or stallions whose semen will be shipped to Utah shall be tested for Equine Viral Arteritis (EVA) by an accredited veterinarian within 30 days prior to entry.

1. Exceptions are stallions that have proof of negative EVA status prior to vaccination and proof of subsequent yearly vaccination.

2. The EVA test or vaccination status must be recorded on the Certificate of Veterinary Inspection.

3. Breeding stallions and semen infected with Equine Arteritis Virus must obtain a prior import permit and be handled only on an Approved Facility as required by R58-23.

R58-1-7. Swine.

A. Swine for stocking, breeding, feeding or exhibition may be shipped into the state if the following requirements are met:

1. All swine must be accompanied by an approved Certificate of Veterinary Inspection stating they have not been fed raw garbage.

a. The Certificate of Veterinary Inspection must show individual identification, ear tags, tattoos, registration numbers, micro chips or other permanent means.

2. An import permit issued by the Department must accompany all swine imported into the state.

3. All breeding and exhibition swine over the age of three months shipped into Utah shall be tested negative for brucellosis within 30 days prior to movement into the state or originate from a validated brucellosis free herd or brucellosis free state.

a. A validated brucellosis free herd number and date of last test is required to be listed on the Certificate of Veterinary Inspection.

b. Swine from states with serious disease occurrences or known populations of feral or wild hogs maybe required to be tested for Brucellosis prior to entry to Utah.

4. All breeding, feeding and exhibition swine shall be tested negative for pseudorabies within thirty days unless they originate from a recognized qualified pseudorabies free herd or pseudorabies Stage V state.

a. Swine that have been vaccinated with any pseudorabies vaccine shall not enter the state.

b. Swine which are infected or exposed to pseudorabies may not enter the state, except swine consigned to a slaughterhouse for immediate slaughter and must be moved in compliance with 9 CFR 71, which is incorporated by reference.

c. Swine from states with known populations of feral or wild hogs maybe required to be tested for Pseudorabies prior to entry to Utah.

B. Immediate Slaughter

1. Swine shipped into Utah for immediate slaughter must not have been fed raw garbage, must be shipped in for immediate slaughter with no diversions, and must be free from any infectious or contagious disease in compliance with 9 CFR 71, which is incorporated by reference.

C. Prohibition of Non-domestic and Non-native Suidae and Tayassuidae

1. Javelina or Peccary, and feral or wild hogs such as Eurasian or Russian wild hogs (Sus scrofa) are considered invasive species in Utah, capable of establishing wild reservoirs of disease such as brucellosis and pseudorabies.

2. These animals are prohibited from entry to Utah except when approved by special application only for purposes of exhibition and after meeting the above testing requirements.

3. Any person who imports Javelina, Peccary or feral or wild hogs such as Eurasian or Russian wild hogs (Sus scrofa) into Utah without prior approval by the Department shall be subject to citation and fines as prescribed by the department or may be called to appear before an administrative proceeding by the department.

R58-1-8. Sheep.

A. All sheep imported must be accompanied by a Certificate of Veterinary Inspection and an import permit.

1. No sheep exhibiting clinical signs of blue tongue may enter Utah.

2. Sheep must be thoroughly examined for evidence of foot rot and verified that they are free from foot rot.

3. Sheep entering Utah must comply with federal Scrapie identification requirements as listed in 9 CFR 79, which is incorporated by reference.

4. Sheep from scrapie infected, exposed, quarantined or source flocks may not be permitted to enter the state unless an official post-exposure flock eradication and control plan has been implemented.

5. Breeding rams six months of age or older shall test negative for Brucella ovis within 30 days of entry or originate from a certified brucellosis free flock.

a. Rams entering Utah for exhibition purposes only and returning immediately to their home state are exempt from the testing requirement.

R58-1-9. Poultry.

All poultry imported into the state shall comply with Title 4, Chapter 29 and R58-6 governing poultry which requires an import permit from the Department.

R58-1-10. Goats and Camelids.

A. Goats being imported into Utah must meet the following requirements:

1. Dairy goats must have an import permit from the Department and an official Certificate of Veterinary Inspection showing a negative tuberculosis test within 60 days, and a negative brucellosis test within 30 days prior to entry or be from a certified brucellosis free herd and accredited tuberculosis free herd. Thereto; there must be no evidence of caseous lymphadenitis (abscesses).

2. Meat type goats must have a Certificate of Veterinary Inspection indicating they are free from any communicable diseases or exposure and that there is no evidence of caseous lymphadenitis (abscesses).

3. Goats entering Utah must comply with federal Scrapie identification requirements as listed in 9 CFR 79, which is incorporated by reference.

4. Exemption - Goats for slaughter may be shipped into Utah directly to an approved slaughter establishment or to an approved auction market.

B. Camelids being imported into Utah must have a Certificate of Veterinary Inspection showing a negative tuberculosis test within 60 days, and a negative brucellosis test within 30 days prior to entry or be from a certified brucellosis free herd and accredited tuberculosis free herd.

C. Test eligible age for both brucellosis and tuberculosis shall be 6 months of age or older for both goats and camelids.

D. Dairy goats and camelids entering Utah for exhibition purposes only and returning immediately to their home state are exempt from the testing requirement.

R58-1-11. Psittacine and Passerine Birds and Raptors.

A. No psittacine or passerine birds or raptors offered for sale shall be shipped into the State of Utah unless an import permit is obtained from the Department prior to importation and an official Certificate of Veterinary Inspection accompanies the birds.

1. Request for an import permit must be made by an accredited veterinarian certifying that the birds are free from any signs of any infectious, contagious or communicable disease.

2. The request must state the number and kinds of birds to be shipped into Utah, their origin, date to be shipped and destination, all listed on the Certificate of Veterinary Inspection.

R58-1-12. Dogs and Cats.

All dogs, cats and ferrets over three months of age shall be accompanied by an official Certificate of Veterinary Inspection, showing vaccination against rabies. The date of vaccination, name of product used, and expiration date must be given.

R58-1-13. Game and Fur-Bearing Animals.

A. No game or fur bearing animals will be imported into Utah without an import permit being obtained from the Department.

B. Each shipment shall be accompanied by an official Certificate of Veterinary Inspection.

C. All mink entering Utah shall have originated on ranches where virus enteritis has not been diagnosed or exposed to within the past three years.

R58-1-13a. Captive Cervidae.

A. All captive cervidae entering Utah must meet the following requirements:

1. No captive elk will be imported into Utah unless the destination premises is licensed with the Utah Department of Agriculture and Food.

2. No captive caribou or fallow deer will be imported into Utah unless a Certificate of Registration (COR) has been obtained from the Utah Division of Wildlife Resources.

3. No captive cervidae will be allowed to be imported into Utah that have originated from or have ever been east of the 100 degree meridian.

4. All captive elk imported into Utah must meet the genetic purity requirement as referenced in Title 4, Chapter 39, Section 301, Utah Code Unannotated.

5. All captive elk must meet the following Chronic Wasting Disease (CWD) requirements:

a. Elk must come from a CWD free area.

b. Elk must originate from a herd that is not affected with or is a trace back or forward herd for CWD.

c. Elk must originate from a herd that has had CWD herd surveillance program for 5 years prior to movement.

6. All captive cervidae must be permanently identified using either a microchip or tattoo.

7. All captive cervidae must have an import permit from the Department.

8. All captive cervidae must have an official Certificate of Veterinary Inspection showing the following:

a. A negative single cervical tuberculin test within 60 days of import.

b. Negative Brucella abortus test results from a single sample that has been tested by two USDA approved tests.

c. All animal identification.

d. A statement the that animals listed on the certificate are not known to be infected with Johne's Disease (Paratuberculosis)or Malignant Catarrhal Fever and have never been east of the 100 degree meridian.

R58-1-14. Zoo Animals.

A. The entry of common zoo animals, such as monkeys, apes, baboons, rhinoceros, giraffes, zebras, elephants, to be kept in zoos, or shown at exhibitions is authorized when a import permit, subject to requirements established by the state veterinarian, has been obtained from the Department. Movement of these animals must also be in compliance with the Federal Animal Welfare Act, 7 USC 2131-2159.

R58-1-15. Wildlife.

A. It is unlawful for any person to import into the State of Utah any species of live native or exotic wildlife except as provided in Title 23, Chapter 13.

B. All wildlife imports shall meet the same Department requirements as required for the importation of domestic animals.

R58-1-16. Duties of Carriers.

Owners and operators of railroads, trucks, airplanes, and other conveyances are forbidden to move any livestock, poultry, or other animals into or within the State of Utah or through the State except in compliance with the provisions set forth in these rules.

A. Sanitation. All railway cars, trucks, airplanes, and other conveyances used in the transportation of livestock, poultry or other animals shall be maintained in a clean, sanitary condition.

B. Movement of Infected Animals. Owners and operators of railway cars, trucks, airplanes, and other conveyances that have been used for movement of any livestock, poultry, or other animals infected with or exposed to any infectious, contagious, or communicable disease as determined by the Department, shall be required to have cars, trucks, airplanes, and other conveyances thoroughly cleaned and disinfected under official supervision before further use is permissible for the transportation of livestock, poultry or other animals.

C. Compliance with Laws and Rules. Owners and operators of railroad, trucks, airplanes, or other conveyances used for the transportation of livestock, poultry, or other animals are responsible to see that each consignment is prepared for shipment in keeping with the State and Federal laws and regulations. Certificate of Veterinary Inspection, brand certificates, and permits should be attached to the waybill accompanying attendant in charge of the animals.

KEY

disease control, import requirements

Date of Enactment or Last Substantive Amendment

March 24, 2011

Notice of Continuation

January 18, 2012

Authorizing, Implemented, or Interpreted Law

4-31; 4-2-2(1)(j)


Additional Information

Contact

For questions regarding the content or application of rules under Title R58, please contact the promulgating agency (Agriculture and Food, Animal Industry). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.