Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-31-1 Outbreak of contagious or infectious disease - Assistance of federal authorities.
If there is an outbreak of contagious or infectious disease
among domestic animals in this state that imperils livestock
in adjoining states, the commissioner shall seek the assistance
of the United States Animal, Plant and Health Inspection
Service in preventing the spread of the disease to other
states.
1979
4-31-2 Epidemic of contagious or infectious disease - Condemnation or destruction of infected or exposed livestock - Destruction of other property.
If there is an outbreak of contagious or infectious disease
of epidemic proportion among domestic animals in this state
which imperils livestock, the commissioner, with approval
of the governor, may condemn, destroy, or dispose of any
infected livestock or any livestock exposed to, or deemed
by the commissioner capable of, communicating disease to
other domestic animals. The commissioner may also, with gubernatorial
approval, condemn and destroy any barns, sheds, corrals,
pens, or other property deemed necessary to prevent the spread
of contagion or infection.
1979
4-31-3 Appraisal of fair market value before destruction.
Before any livestock or property is condemned and destroyed, an appraisal of the fair market value of the livestock or other property shall be forwarded to the commissioner by a panel of three qualified appraisers appointed as follows:
(1) one by the commissioner;
(2) one by the owner of the livestock or other property subject to condemnation; and
(3) one by the appraisers specified in Subsections (1) and (2) of this section.
After review, the commissioner shall forward the appraisal
to the board of examiners together with his recommendation
concerning the amount, if any, which should be allowed. Any
costs incurred in the appraisal shall be paid by the state.
1979
4-31-4 Slaughter for post-mortem examination.
The commissioner may order the slaughter and post-mortem
examination of any one or more diseased domestic animals
if the exact nature of their disease is not readily ascertained
through other means.
1979
4-31-5 Imported dairy cattle - Tuberculosis certificates.
No person shall bring cattle into this state for dairy
or breeding purposes, unless they are certified as having
been examined and tested negative for tuberculosis within
30 days before shipment to Utah. The certificate required
by this section may be waived if the commissioner determines
the cattle are shipped directly to Utah from an area approved
by the United States Department of Agriculture as an accredited
tuberculosis free area.
1982
4-31-6 Dairy cattle subject to inspection for disease.
Any dairy cattle in the state are subject to inspection
at reasonable times and places for tuberculosis or other
infectious or contagious disease by the department.
1979
4-31-7 Claims for indemnity for destroyed or slaughtered cattle.
The owner of cattle, other than tubercular cattle, or
other property which is destroyed or slaughtered under authority
of this chapter, shall present a claim to the commissioner
within 90 days from the date of the loss. The commissioner
shall present the claim to the Board of Examiners with a
recommendation as to the amount, if any, which should be
allowed. A claim under this section shall be considered and
processed like any other claim against the state.
1979
4-31-8 Tuberculosis and Bangs Account created - Exclusive use of revenue.
There is created within the General Fund a restricted
fund account known as the "Tuberculosis and Bangs Disease
Control Account." Revenue deposited in the Tuberculosis and
Bangs Disease Control Account shall be used exclusively by
the commissioner for the payment of expenses in administering
tubercular tests and Bangs disease tests and for the payment
of indemnities for slaughtered tubercular and Bang reacting
dairy cattle.
1985
4-31-9 Imported animals - Health certificate.
No person, except as provided by rule of the department,
may import any animal into this state unless it is accompanied
by a health certificate that meets the requirements of department
rules and is issued by a licensed veterinarian.
1999
4-31-10 Imported swine - Quarantine period - Exceptions to quarantine.
No person shall load swine for shipment to or within this
state, except those for immediate slaughter, until the car
is cleaned and disinfected in accordance with departmental
regulations. All swine shipped into the state, except those
for immediate slaughter, shall, upon arrival at their final
destination in the state, be kept in a clean and disinfected
place away from other swine for a period of 18 days. The
owner or consignee of such swine shall notify the commissioner
of the date of their arrival and the place where they are
being held.
1979
4-31-11 Restrictions on movement of swine - Swine feeder license - Restrictions on feeding garbage to swine.
(1) Except as provided by a rule of the department, a person may not move or allow swine to stray from:
(a) a quarantine area established under this chapter; or
(b) one area to another, if the swine are affected or exposed to hog cholera or swine plague.
(2) (a) A person may not feed garbage to swine, unless he has a license issued by the department.
(b) Application for a swine feeder license shall be made to the department upon forms prescribed and furnished by it.
(c) Upon approval of the application and payment of a fee in an amount determined by the department pursuant to Subsection 4-2-2 (2), the department shall issue the applicant a swine feeder license valid through December 31 of the year issued.
(d) A swine feeder license is annually renewable for a period of one year upon the payment of an annual license renewal fee in an amount determined by the department pursuant to Subsection 4-2-2 (2).
(3) A person may not feed swine garbage collected from any place unless it is:
(a) heated to a temperature of at least 212 degrees Fahrenheit;
(b) boiled for 30 minutes or more; or
(c) subjected to another process as provided by rule by
the department.
1992
4-31-12 Carcass of infected swine to be burned or buried.
A person who owns or has possession of a swine which dies
from hog cholera or another contagious, infectious, or communicable
disease shall dispose of the carcass by burying or burning
it within 24 hours after death.
1979
4-31-13 Stockyards - Disinfection.
All stockyards are considered infectious, and all swine
and other livestock, except those for immediate slaughter,
shall be unloaded in chutes in a section of the yards which
is cleaned and disinfected in accordance with departmental
regulations.
1979
4-31-14 Restrictions on movement of infected or exposed domestic animals.
A person who owns or has possession of a domestic animal or domesticated elk and knows that it is infected with, or has been exposed to, any contagious or infectious disease may not:
(1) permit it to run at large, or come in contact with another domestic animal which can be infected; or
(2) sell, ship, trade, or give away an infected animal
or domesticated elk without disclosing that it is diseased
or has been exposed to disease.
1997
4-31-15 Report of vesicular disease.
Any person who identifies symptoms of vesicular disease
in livestock shall immediately report it to the department.
Failure of a veterinarian licensed in this state to report
a diagnosed case of vesicular disease to the department constitutes
ground for the revocation of such veterinarian's license.
Failure by the owner of livestock to report symptoms of vesicular
disease among such owner's livestock constitutes forfeiture
of the right to claim an indemnity for an animal slaughtered
on account of the disease.
1979
4-31-16 Contagious or infectious disease - Duties of department.
The department shall investigate and may quarantine any reported case of contagious or infectious disease, or any epidemic, or poisoning affecting domestic animals or any animal or animals which it believes may jeopardize the health of animals within the state. The department shall make a prompt and thorough examination of all circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care, or any necessary remedies. The department may also order immunization or testing and sanitary measures to prevent the spread of disease. Investigations involving fish or wildlife shall be conducted under a cooperative agreement with the Division of Wildlife Resources.
If the owner or person in possession of such animals, after written notice from the department, fails to take the action ordered, the commissioner is authorized to seize and hold the animals and take action necessary to prevent the spread of disease, including but not limited to: immunization; testing; dipping; or spraying. Animals seized for testing or treatment under this section shall be sold by the commissioner at public sale to reimburse the department for all costs incurred in the seizure, testing, treatment, maintenance, and sale of such animals unless the owner sooner tenders payment for the costs incurred by the department. No seized animal shall be sold, however, until the owner or person in possession is served with a notice specifying the itemized costs incurred by the department and the time, place, and purpose of sale and the number of animals to be sold. The notice shall be served at least three days in advance of sale in the manner:
(1) prescribed for personal service in Rule 4(e), Utah Rules of Civil Procedure; or
(2) if the owner cannot be found after due diligence,
in the manner prescribed for service by publication in Rule
4(g), Utah Rules of Civil Procedure. Any amount realized
from the sale of the animals over the total charges shall
be paid to the owner of the animals if the owner is known
or can by reasonable diligence be found; otherwise, the excess
shall be paid to the tuberculosis and Bangs Disease Control
Account.
1996
4-31-16.5 Brucellosis - Vaccination not required for cattle - Testing required to import certain cattle.
(1) As used in this section,"test-eligible" has the meaning defined in 9 C.F.R. Sec. 78.1.
(2) Female cattle within or imported into the state are not required to be vaccinated for brucellosis.
(3) (a) Test-eligible cattle imported from states designated as brucellosis-free under 9 C.F.R. Sec. 78.43, that are acquired directly from the farm of origin are not required to be tested for brucellosis before movement into the state.
(b) Test-eligible cattle imported from states designated as brucellosis-free under 9 C.F.R. Sec. 78.43, that are acquired through trading channels must test negative for brucellosis within 30 days before movement into the state.
(4) Test-eligible cattle imported from states that have not been designated as brucellosis-free under 9 C.F.R. Sec. 78.43, must test negative for brucellosis within 30 days before movement into the state.
(5) The department shall make rules in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
to implement this section.
1999
4-31-17 Quarantine - Peace officers to assist in maintenance of quarantine.
The commissioner may quarantine any infected domestic
animal or area within the state to prevent the spread of
infectious or contagious disease. Sheriffs and other peace
officers within the state shall, upon request of the commissioner,
assist the department in maintaining a quarantine and shall
arrest anyone who violates it. The department shall pay all
costs and fees incurred by any law enforcement authority
in assisting the department.
1979
4-31-18 State chemist - Assistance in diagnosis of disease.
The state chemist, upon submission by the commissioner,
shall examine and analyze all tissue, grass, water, or other
substances necessary in the proper diagnosis of disease or
losses among livestock.
1979
4-31-19 Fee to compensate state for quarantine and sanitary procedures.
To compensate the state for the expense of carrying out
quarantine and sanitary procedures, the commissioner may
collect a fee, determined by the department pursuant to Subsection
4-2-2
(2), on cattle, horses, and sheep that enter
the state from a quarantined or infected area.
1985
4-31-21 Trichomoniasis _ Department to make rules.
The department shall make rules for the prevention and
control of trichomoniasis in cattle and bison in accordance
with Title 63, Chapter 46a, Utah Administrative Rulemaking
Act.
2000
