Full Statute Name:  West's Utah Code Annotated- Title 4. Utah Agricultural Code

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Primary Citation:  U.C.A. 1953 §§ 4-2-1 to 4-2-402; U.C.A. 1953 § 4-2-501 - 504; and U.C.A. 1953 §§ 4-31-1 to 4-31-119 Country of Origin:  United States Last Checked:  March, 2018 Alternate Citation:  UT ST §§ 4-2-1 to 4-2-402; § 4-2-501 to 504; § 4-31-1 to 4-31-119
Summary: The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.

Chapter 2. Department—State Chemist—Enforcement

Part 1. Department Organization

§ 4–2–1. Renumbered as § 4–2–102 by Laws 2017, c. 345, § 12, eff. July 1, 2017

§ 4–2–2. Renumbered as § 4–2–103 by Laws 2017, c. 345, § 13, eff. July 1, 2017

§ 4–2–3. Renumbered as § 4–2–104 by Laws 2017, c. 345, § 14, eff. July 1, 2017

§ 4–2–4. Renumbered as § 4–2–105 by Laws 2017, c. 345, § 15, eff. July 1, 2017

§ 4–2–5. Renumbered as § 4–2–106 by Laws 2017, c. 345, § 16, eff. July 1, 2017

§ 4–2–6. Renumbered as § 4–2–107 by Laws 2017, c. 345, § 17, eff. July 1, 2017

§ 4–2–7. Renumbered as § 4–2–108 by Laws 2017, c. 345, § 18, eff. July 1, 2017

§ 4–2–8. Renumbered as § 4–2–109 by Laws 2017, c. 345, § 19, eff. July 1, 2017

§ 4–2–8.3. Repealed by Laws 2014, c. 42, § 1, eff. May 13, 2014

§ 4–2–8.5. Renumbered as § 4–18–202 by Laws 2017, c. 345, § 207, eff. July 1, 2017

§ 4–2–8.6. Renumbered as § 4–17–115 by Laws 2017, c. 345, § 199, eff. July 1, 2017

§ 4–2–8.7. Renumbered as § 4–17–114 by Laws 2017, c. 345, § 198, eff. July 1, 2017

Part 2. State Chemist

§ 4-2-201. Appointment of the state chemist

§ 4-2-202. State Chemist Responsibilities

Part 3. Enforcement and Penalties

§ 4–2–11. Attorney General Legal Advisor for Department—County or District Attorney May Bring Action upon Request of Department for Violations of Title

§ 4–2–12. Notice of Violation—Order for Corrective Action

§ 4–2–13. Repealed by Laws 1987, C. 161,

§ 4–2–14. Violations of Title Unlawful

§ 4–2–15. Civil and Criminal Penalties—Costs—Civil Liability

Part 4. State Veterinarian

§ 4–2–401. Appointment

§ 4–2–402. State Veterinarian Responsibilities

Part 5. Horse Tripping Awareness

§ 4-2-501. Title

§ 4-2-502. Definitions

§ 4-2-503. Event reporting requirements

§ 4-2-504. Horse tripping education--Reporting requirements

Chapter 31. Control of Animal Disease

§ 4–31–1. Renumbered as § 4–31–105 by Laws 2012, C. 331, § 12, eff. May 8, 2012

§ 4–31–2. Renumbered as § 4–31–106 by Laws 2012, C. 331,

§ 4–31–3. Renumbered as § 4–31–107 by Laws 2012, C. 331, § 14, eff. May 8, 2012§

§ 4–31–4. Renumbered as § 4–31–108 by Laws 2012, C. 331, § 15, eff. May 8, 2012

§ 4–31–5. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–6. Renumbered as § 4–31–110 by Laws 2012, C. 331, § 17, eff. May 8, 2012

§ 4-31-7. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-8. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–9. Renumbered as § 4–31–111 by Laws 2012, C. 331, § 18, eff. May 8, 2012

§ 4-31-10. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-11. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-12. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-13. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–14. Renumbered as § 4–31–113 by Laws 2012, C. 331, § 20, eff. May 8, 2012

§ 4–31–15. Renumbered as § 4–31–114 by Laws 2012, C. 331, § 21, eff. May 8, 2012

§ 4–31–16. Renumbered as § 4–31–115 by Laws 2012, C. 331, § 22, eff. May 8, 2012

§ 4–31–16.5. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–17. Renumbered as § 4–31–116 by Laws 2012, C. 331, § 23, eff. May 8, 2012

§ 4–31–18. Renumbered as § 4–31–117 by Laws 2012, C. 331, § 24, eff. May 8, 2012

§ 4–31–19. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–20. Repealed by Laws 1985, C. 104, § 8

§ 4-31-21. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-22. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–101. Title

§ 4–31–102. Dead Domestic Animals—Duty of Owner to Bury or Otherwise Dispose of Them—Liability for Costs

§ 4–31–103. Dead Animals—Deposit on Another's Land Prohibited

§ 4–31–104. Penalty

§ 4–31–105. Outbreak of Contagious or Infectious Disease—Assistance of Federal Authorities

§ 4–31–106. Epidemic of Contagious or Infectious Disease—Condemnation or Destruction of Infected or Exposed Livestock—Destruction of Other Property

§ 4–31–107. Appraisal of Fair Market Value Before Destruction

§ 4–31–108. Slaughter for Post-Mortem Examination

§ 4–31–109. Department Authorized to Make and Enforce Rules Concerning Brucellosis, Trichomoniasis, and Tuberculosis in Livestock

§ 4-31-109.1. Trichomoniasis fines

§ 4–31–110. Dairy Cattle Subject to Inspection for Disease

§ 4–31–111. Imported Animals—Health Certificate

§ 4–31–112. Feeding Garbage or Plate Waste to Swine Prohibited - - § 4-31-112. Repealed by Laws 2016, c. 303, § 43, eff. May 10, 2016

§ 4–31–113. Restrictions on Movement of Infected or Exposed Animals

§ 4–31–114. Report of Vesicular Disease

§ 4–31–115. Contagious or Infectious Disease—Duties of Department

§ 4–31–116. Quarantine—Peace Officers to Assist in Maintenance of Quarantine

§ 4–31–117. State Chemist—Assistance in Diagnosis of Disease

§ 4–31–118. Animal Disease Traceability

§ 4–31–119. Disease Control of Poultry, Waterfowl, and Game-Birds

 Link to regulations

 

 

Chapter 2. Department—State Chemist—Enforcement

Part 1. Department Organization

§ 4–2–102. Department Created

(1) There is created within state government the Department of Agriculture and Food.

(2) The department created in Subsection (1) is responsible for the administration and enforcement of all laws, services, functions, and consumer programs related to agriculture in this state as assigned to the department by the Legislature.

Credits

Laws 2017, c. 345, § 12, eff. July 1, 2017.

 

§ 4–2–103. Functions, Powers, and Duties of Department—Fees for Services—Marketing Orders—Procedure

(1) The department shall:

(a) inquire into and promote the interests and products of agriculture and allied industries;

(b) promote methods for increasing the production and facilitating the distribution of the agricultural products of the state;

(c)(i) inquire into the cause of contagious, infectious, and communicable diseases among livestock and the means for their prevention and cure; and

(ii) initiate, implement, and administer plans and programs to prevent the spread of diseases among livestock;

(d) encourage experiments designed to determine the best means and methods for the control of diseases among domestic and wild animals;

(e) issue marketing orders for any designated agricultural product to:

(i) promote orderly market conditions for any product;

(ii) give the producer a fair return on the producer's investment at the marketplace; and

(iii) only promote and not restrict or restrain the marketing of Utah agricultural commodities;

(f) administer and enforce all laws assigned to the department by the Legislature;

(g) establish standards and grades for agricultural products and fix and collect reasonable fees for services performed by the department in conjunction with the grading of agricultural products;

(h) establish operational standards for any establishment that manufactures, processes, produces, distributes, stores, sells, or offers for sale any agricultural product;

(i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules necessary for the effective administration of the agricultural laws of the state;

(j) when necessary, make investigations, subpoena witnesses and records, conduct hearings, issue orders, and make recommendations concerning all matters related to agriculture;

(k)(i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any private or public place that may become infested or infected with harmful insects, plant diseases, noxious or poisonous weeds, or other agricultural pests;

(ii) establish and enforce quarantines;

(iii) issue and enforce orders and rules for the control and eradication of pests, wherever they may exist within the state; and

(iv) perform other duties relating to plants and plant products considered advisable and not contrary to law;

(l) inspect apiaries for diseases inimical to bees and beekeeping;

(m) take charge of any agricultural exhibit within the state, if considered necessary by the department, and award premiums at that exhibit;

(n) assist the Conservation Commission in the administration of Title 4, Chapter 18, Conservation Commission Act, and administer and disburse any funds available to assist conservation districts in the state in the conservation of the state's soil and water resources;

(o) participate in the United States Department of Agriculture certified agricultural mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;

(p) promote and support the multiple use of public lands; and

(q) perform any additional functions, powers, and duties provided by law.

(2) The department, by following the procedures and requirements of Section 63J-1-504, may adopt a schedule of fees assessed for services provided by the department.

(3)(a) No marketing order issued under Subsection (1)(e) shall take effect until:

(i) the department gives notice of the proposed order to the producers and handlers of the affected product;

(ii) the commissioner conducts a hearing on the proposed order; and

(iii) at least 50% of the registered producers and handlers of the affected products vote in favor of the proposed order.

(b)(i) The department may establish boards of control to administer marketing orders and the proceeds derived from any order.

(ii) A board of control shall:

(A) ensure that all proceeds are placed in an account in the board of control's name in a depository institution; and

(B) ensure that the account is annually audited by an accountant approved by the commissioner.

(4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be deposited into the General Fund as dedicated credits for the grain grading program.

(5) In fulfilling its duties in this chapter, the department may:

(a) purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;

(b) take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who is not eligible;

(c) examine and audit the expenditures of any public funds provided to a local authority, agency, or organization that contracts with or receives funds from those authorities or agencies; and

(d) accept and administer grants from the federal government and from other sources, public or private.

Credits

Laws 2017, c. 345, § 13, eff. July 1, 2017.

 

§ 4–2–104. Administration by Commissioner

(1) Administration of the department is under the direction, control, and management of a commissioner appointed by the governor with the consent of the Senate.

(2) The commissioner shall serve at the pleasure of the governor.

(3) The governor shall establish the commissioner's compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.

Credits

Laws 2017, c. 345, § 14, eff. July 1, 2017.

 

§ 4–2–105. Organization of Divisions Within Department

The commissioner shall organize the department into divisions, as necessary, for the efficient administration of the department's business.

Credits

Laws 2017, c. 345, § 15, eff. July 1, 2017.

 

§ 4–2–106. Submission of Department's Budget

(1) The commissioner, upon request of the governor, shall submit an itemized budget for the department to the governor.

(2) The proposed budget described in Subsection (1) shall:

(a) contain a complete plan of proposed expenditures and estimated revenues for the ensuing fiscal year; and

(b) be accompanied by a statement setting forth the revenues and expenditures for the fiscal year next preceding and the current assets and liabilities of the department, including restricted revenue accounts and dedicated credits.

Credits

Laws 2017, c. 345, § 16, eff. July 1, 2017.

 

§ 4–2–107. Official Seal—Authentication of Records

(1) The department shall adopt and use an official seal, a description and impression of which shall be filed with the Division of Archives.

(2) Copies of official department records, documents, and proceedings may be authenticated with the seal attested by the commissioner.

Credits

Laws 2017, c. 345, § 17, eff. July 1, 2017.

 

§ 4–2–108. Agricultural Advisory Board Created—Composition—Responsibility —Terms of Office—Compensation

(1) There is created the Agricultural Advisory Board composed of 21 members, with each member representing one of the following:

(a) Utah Farm Bureau Federation;

(b) Utah Farmers Union;

(c) Utah Cattlemen's Association;

(d) Utah Wool Growers Association;

(e) Utah Dairymen's Association;

(f) Utah Pork Producers Association;

(g) egg and poultry producers;

(h) Utah Veterinary Medical Association;

(i) Livestock Auction Marketing Association;

(j) Utah Association of Conservation Districts;

(k) the Utah horse industry;

(l) the food processing industry;

(m) the fruit and vegetable industry;

(n) the turkey industry;

(o) manufacturers of food supplements;

(p) a consumer affairs group;

(q) dean of the College of Agriculture and Applied Science and vice president of extension from Utah State University;

(r) urban and small farmers;

(s) Utah Elk Breeders Association;

(t) Utah Beekeepers Association; and

(u) Utah Fur Breeders Association.

(2)(a) The Agricultural Advisory Board shall advise the commissioner regarding:

(i) the planning, implementation, and administration of the department's programs; and

(ii) the establishment of standards governing the care of livestock and poultry, including consideration of:

(A) food safety;

(B) local availability and affordability of food; and

(C) acceptable practices for livestock and farm management.

(b) The Agricultural Advisory Board shall fulfill the duties described in Title 4, Chapter 2, Part 5, Horse Tripping Awareness.

(3)(a) Except as required by Subsection (3)(c), members are appointed by the commissioner to four-year terms of office.

(b) The commissioner shall appoint representatives of the organizations cited in Subsections (1)(a) through (h) to the Agricultural Advisory Board from a list of nominees submitted by each organization.

(c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.

(d) Members may be removed at the discretion of the commissioner upon the request of the group they represent.

(e) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(4) The board shall elect one member to serve as chair of the Agricultural Advisory Board for a term of one year.

(5)(a) The board shall meet four times annually, but may meet more often at the discretion of the chair.

(b) Attendance of 11 members at a duly called meeting constitutes a quorum for the transaction of official business.

(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

(a) Section 63A-3-106;

(b) Section 63A-3-107; and

(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Credits

Laws 2017, c. 345, § 18, eff. July 1, 2017.

 

§ 4–2–109. Temporary Advisory Committees—Appointment—Compensation

(1) The commissioner, with the permission of the governor, may appoint other advisory committees on a temporary basis to offer technical advice to the department.

(2) A member of a committee serves at the pleasure of the commissioner.

(3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

(a) Section 63A-3-106;

(b) Section 63A-3-107; and

(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Credits

Laws 2017, c. 345, § 19, eff. July 1, 2017.

 

§ 4–2–8.3. Repealed by Laws 2014, C. 42, § 1, eff. May 13, 2014

 

§ 4–18–202. Salinity Offset Fund

(1)(a) There is created an expendable special revenue fund known as the “Salinity Offset Fund.”

(b) The fund shall consist of:

(i) money received from the Division of Water Quality that has been collected as part of the Colorado River Salinity Offset Program;

(ii) grants from local governments, the state, or the federal government;

(iii) grants from private entities; and

(iv) interest on fund money.

(2)(a) The department shall:

(i) subject to the rules established under Subsection (2)(a)(ii), distribute fund money to farmers, ranchers, mutual irrigation companies, and other entities in the state to assist in financing irrigation, rangeland, and watershed improvement projects that will, in accordance with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and

(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing:

(A) a project funding application process;

(B) project funding requirements;

(C) project approval criteria; and

(D) standards for evaluating the effectiveness of funded projects in reducing salinity in the Colorado River.

(b) The department may require entities seeking fund money to provide matching funds.

(c) The department shall submit to the Division of Water Quality proposed funding projects for the division's review and approval.

(d) The Division of Water Quality and the department shall establish a committee to review and approve projects, as funding allows.

(3)(a) Except as provided in Subsection (3)(b), the department may use fund money for the administration of the fund, but this amount may not exceed 10% of the receipts to the fund.

(b) The department may not use earned interest for administration of the fund.

Credits

Laws 2017, c. 345, § 207, eff. July 1, 2017.

 

§ 4–17–115. Cooperative Agreements and Grants to Rehabilitate Areas Infested with or Threatened by Invasive Species

After consulting with the Department of Natural Resources and the Conservation Commission, the department may:

(1) enter into a cooperative agreement with a political subdivision, a state agency, a federal agency, a tribe, a county weed board, a cooperative weed management area, a university, or a private landowner to:

(a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or

(b) conduct research related to invasive species;

(2) expend money from the Invasive Species Mitigation Account created in Section 4-17-114; and

(3) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to:

(a) administer this section; and

(b) give grants from the Invasive Species Mitigation Account.

Credits

Laws 2017, c. 345, § 199, eff. July 1, 2017.

 

§ 4–17–114. Invasive Species Mitigation Account Created

(1) As used in this section, “project” means an undertaking that:

(a) rehabilitates or treats an area infested with, or threatened by, an invasive species; or

(b) conducts research related to invasive species.

(2)(a) There is created a restricted account within the General Fund known as the “Invasive Species Mitigation Account.”

(b) The restricted account shall consist of:

(i) money appropriated by the Legislature;

(ii) grants from the federal government; and

(iii) grants or donations from a person.

(3)(a) After consulting with the Department of Natural Resources and the Conservation Commission, the department may expend money in the restricted account:

(i) on a project implemented by:

(A) the department; or

(B) the Conservation Commission; or

(ii) by giving a grant for a project to:

(A) a state agency;

(B) a federal agency;

(C) a federal, state, tribal, or private landowner;

(D) a political subdivision;

(E) a county weed board;

(F) a cooperative weed management area; or

(G) a university.

(b) The department may use up to 10% of restricted account funds appropriated under Subsection (2)(b)(i) on:

(i) department administration; or

(ii) project planning, monitoring, and implementation expenses.

(c) A project that receives funds from the Invasive Species Mitigation Account may not spend more than 10% of an award of funds on planning and administration costs.

(d) A federal landowner that receives restricted account funds for a project shall match the funds received from the restricted account with an amount that is equal to or greater than the amount received from the restricted account.

(4) In giving a grant, the department shall consider the effectiveness of a project in the rehabilitation or treatment of an area infested with, or threatened by, an invasive species.

Credits

Laws 2017, c. 345, § 198, eff. July 1, 2017.

 

Part 2. State Chemist

§ 4–2–201. Appointment

The commissioner shall appoint a state chemist.

Credits

Laws 2017, c. 345, § 20, eff. July 1, 2017.

 

§ 4–2–202. State Chemist Responsibilities

(1) The state chemist shall:

(a) serve as the chief administrative officer of the Division of Laboratories; and

(b) supervise and administer all analytical tests required to be performed under this title or under any rule adopted under this title.

(2) The state chemist may perform analytical tests for other state agencies, federal agencies, units of local government, and private persons if:

(a) the tests and analytical work do not interfere with, or impede, the work required by the department; and

(b) a charge commensurate with the work involved is made and collected.

(3) The state chemist shall perform any other official duties assigned by the commissioner.

Credits

Laws 2017, c. 345, § 21, eff. July 1, 2017.

 

Part 3. Enforcement and Penalties

§ 4–2–301. Attorney General Legal Advisor for Department—County or District Attorney May Bring Action upon Request of Department for Violations of Title

(1) The attorney general is the legal advisor for the department and shall defend the department and the department's representatives in all actions and proceedings brought against the department.

(2)(a) The county attorney or the district attorney, as provided under Sections 17-18a-202 and 17-18a-203, of the county in which a cause of action arises or a public offense occurs may bring civil or criminal action, upon request of the department, to enforce the laws, standards, orders, and rules of the department or to prosecute violations of this title.

(b) If the county attorney or district attorney fails to act, the department may request the attorney general to bring an action on behalf of the department.

Credits

Laws 2017, c. 345, § 22, eff. July 1, 2017.

 

§ 4–2–302. Notice of Violation—Order for Corrective Action

(1) Whenever the department determines that any person, or any officer or employee of any person, is violating any requirement of this title or rules adopted under this title, the department shall serve written notice upon the alleged violator that specifies the violation and alleges the facts constituting the violation.

(2) After serving notice as required in Subsection (1), the department may:

(a) issue an order for necessary corrective action; and

(b) request the attorney general, county attorney, or district attorney to seek injunctive relief and enforcement of the order as provided in Subsection 4-2-301(2).

Credits Laws 2017, c. 345, § 23, eff. July 1, 2017.

 

§ 4–2–13. Repealed by Laws 1987, C. 161

 

§ 4–2–303. Violations of Title Unlawful

It is unlawful for any person, or the officer or employee of any person, to willfully violate, disobey, or disregard this title or any notice or order issued under this title.

Credits

Laws 2017, c. 345, § 24, eff. July 1, 2017.

 

§ 4–2–304. Civil and Criminal Penalties—Costs—Civil Liability

(1)(a) Except as otherwise provided by this title, any person, or the officer or employee of any person, who violates this title or any lawful notice or order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding.

(b) A subsequent criminal violation within two years is a class A misdemeanor.

(2) Any person, or the officer or employee of any person, shall be liable for any expenses incurred by the department in abating any violation of this title.

(3) A penalty assessment or criminal conviction under this title does not relieve the person assessed or convicted from civil liability for claims arising out of any act that was also a violation.

Credits

Laws 2017, c. 345, § 25, eff. July 1, 2017.

 

Part 4. State Veterinarian

§ 4–2–401. Appointment

The commissioner shall appoint a state veterinarian.

Credits

Laws 2014, c. 41, § 1, eff. May 13, 2014; Laws 2017, c. 345, § 26, eff. July 1, 2017.

 

§ 4–2–402. State Veterinarian Responsibilities

(1) The state veterinarian shall:

(a) coordinate the department's responsibilities for:

(i) the promotion of animal health; and

(ii) the diagnosis, surveillance, and prevention of animal disease.

(b) aid the meat inspection manager, whose duties are specified by the commissioner, in the direction of the inspection of meat and poultry; and

(c) perform other official duties assigned by the commissioner.

(2) The state veterinarian may not receive compensation for services provided while engaging in the private practice of veterinary medicine.

(3) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act.

Credits

Laws 2014, c. 41, § 2, eff. May 13, 2014; Laws 2016, c. 18, § 1, eff. May 10, 2016; Laws 2017, c. 345, § 27, eff. July 1, 2017.

 

Part 5. Horse Tripping Awareness

§ 4-2-501. Title

This part is known as “Horse Tripping Awareness.”

Credits
Laws 2015, c. 128, § 2, eff. May 12, 2015.

§ 4-2-502. Definitions

As used in this part:

(1) “Board” means the Agricultural Advisory Board created in Section 4-2-108.

(2) “Horse event” means an event in which horses are roped or tripped for the purpose of a specific event or contest.

(3)(a) “Horse tripping” means the lassoing or roping of the legs of an equine, or otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment, sport, or contest, or practice for entertainment, sport, or contest.

(b) “Horse tripping” does not include accepted animal husbandry practices, customary farming practices, or commonly accepted practices occurring in conjunction with a sanctioned rodeo, animal race, or pulling contest.

Credits

Laws 2015, c. 128, § 3, eff. May 12, 2015; Laws 2017, c. 345, § 28, eff. July 1, 2017.

 

§ 4-2-503. Event reporting requirements

(1) The owner of a venue holding a horse event shall:

(a) at least 30 days before the day on which the horse event is to be held, notify the board of the date, time, and name of the horse event; and

(b) no later than 30 days after the day on which the horse event is held, notify the board of:

(i) the number and type of competitions held at the horse event;

(ii) the number of horses used;

(iii) whether horse tripping occurred, and if so how many horses were used in horse tripping and how many times each horse was tripped; and

(iv) whether a veterinarian was called during the horse event, and if so:

(A) the name and contact information of the veterinarian;

(B) the outcome of the veterinarian's examination of a horse; and

(C) all veterinarian charges incurred.

(2)(a) The department shall compile all reports received pursuant to Subsection (1) and provide the information to the board.

(b) The board shall, at a meeting described in Subsection 4-2-108(5)(a):

(i) review the information described in Subsection (2)(a); and

(ii) if necessary, make recommendations for rules or legislation designed to prohibit horse tripping.

(3) The department shall fine the owner of a venue that fails to fulfill the duties described in Subsection (1) $500 per violation.

(4) The department, in consultation with the board, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to enforce this part.

Credits

Laws 2015, c. 128, § 4, eff. May 12, 2015; Laws 2017, c. 345, § 29, eff. July 1, 2017.

 

§ 4-2-504. Horse tripping education--Reporting requirements

The department, in conjunction with the board, shall:

(1) send a letter, annually, to venues that host horse events:

(a) outlining the reporting requirements of Section 4-2-503; and

(b) providing educational information on the negative effects of horse tripping; and

(2) promote, as funding allows, policies regarding the safety and welfare of horses involved in horse events, such as horse roping and horse tripping.

Credits

Laws 2015, c. 128, § 5, eff. May 12, 2015; Laws 2017, c. 345, § 30, eff. July 1, 2017.

 

Chapter 31. Control of Animal Disease

§ 4–31–1. Renumbered as § 4–31–105 by Laws 2012, C. 331, § 12, eff. May 8, 2012

§ 4–31–2. Renumbered as § 4–31–106 by Laws 2012, C. 331,

§ 4–31–3. Renumbered as § 4–31–107 by Laws 2012, C. 331, § 14, eff. May 8, 2012§

§ 4–31–4. Renumbered as § 4–31–108 by Laws 2012, C. 331, § 15, eff. May 8, 2012

§ 4–31–5. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–6. Renumbered as § 4–31–110 by Laws 2012, C. 331, § 17, eff. May 8, 2012

§ 4-31-7. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-8. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–9. Renumbered as § 4–31–111 by Laws 2012, C. 331, § 18, eff. May 8, 2012

§ 4-31-10. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-11. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-12. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-13. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–14. Renumbered as § 4–31–113 by Laws 2012, C. 331, § 20, eff. May 8, 2012

§ 4–31–15. Renumbered as § 4–31–114 by Laws 2012, C. 331, § 21, eff. May 8, 2012

§ 4–31–16. Renumbered as § 4–31–115 by Laws 2012, C. 331, § 22, eff. May 8, 2012

§ 4–31–16.5. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–17. Renumbered as § 4–31–116 by Laws 2012, C. 331, § 23, eff. May 8, 2012

§ 4–31–18. Renumbered as § 4–31–117 by Laws 2012, C. 331, § 24, eff. May 8, 2012

§ 4–31–19. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4–31–20. Repealed by Laws 1985, C. 104, § 8

§ 4-31-21. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

§ 4-31-22. Repealed by Laws 2012, C. 331, § 29, eff. May 8, 2012

 

§ 4–31–101. Title

This chapter is known as “Control of Animal Disease.”

Credits
Laws 2012, c. 331, § 8, eff. May 8, 2012.

 

§ 4–31–102. Dead Domestic Animals—Duty of Owner to Bury or Otherwise Dispose of Them—Liability for Costs

(1) An owner or other person responsible for a domestic animal that dies shall bury or dispose of the animal within a reasonable period of time after the owner or other person responsible for the animal becomes aware that the animal is dead.

(2) The owner of a dead bovine, horse, mule, goat, sheep, bird, or swine may bury the dead animal on the owner's property.

(3) If the owner or other person responsible for the dead animal cannot be found, the county, city, or town within which the dead animal is found, shall, at the political subdivision's expense, bury the dead animal.

(4) A county, city, or town that incurs expense under this section is entitled to reimbursement from the owner of the dead animal.

Credits
Laws 2012, c. 331, § 9, eff. May 8, 2012; Laws 2014, c. 29, § 1, eff. May 13, 2014; Laws 2016, c. 30, § 1, eff. May 10, 2016.

 

§ 4–31–103. Dead Animals—Deposit on Another's Land Prohibited

A person may not deposit a dead animal upon the land of another person without the landowner's consent.

Credits
Laws 2012, c. 331, § 10, eff. May 8, 2012.

 

§ 4–31–104. Penalty

A person who violates Section 4-31-102 or 4-31-103 is guilty of an infraction.

Credits
Laws 2012, c. 331, § 11, eff. May 8, 2012; Laws 2016, c. 303, § 1, eff. May 10, 2016.

 

§ 4–31–105. 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, the commissioner may request the assistance of the United States Department of Agriculture, Animal and Plant Health Inspection Service, in preventing the spread of the disease to other states.

Credits

Laws 2012, c. 331, § 12, eff. May 8, 2012; Laws 2017, c. 345, § 307, eff. July 1, 2017.

 

§ 4–31–106. Epidemic of Contagious or Infectious Disease—Condemnation or Destruction of Infected or Exposed Livestock—Destruction of Other Property

(1) If there is an outbreak of contagious or infectious foreign animal disease of epidemic proportion among domestic animals in this state that imperils livestock, the commissioner, with approval of the governor, may condemn, destroy, or dispose of any infected livestock or any livestock exposed to the disease or considered by the commissioner capable of communicating the disease to other domestic animals.

(2) The commissioner may, with gubernatorial approval, condemn and destroy any barns, sheds, corrals, pens, or other property necessary to prevent the spread of contagion or infection.

Credits

Laws 2012, c. 331, § 13, eff. May 8, 2012; Laws 2017, c. 345, § 308, eff. July 1, 2017.

 

§ 4–31–107. Appraisal of Fair Market Value Before Destruction

(1) Before any livestock or property is destroyed under Section 4-31-106, 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:

(a) one by the commissioner;

(b) one by the owner of the livestock or other property subject to condemnation; and

(c) one by the appraisers specified in Subsections (1)(a) and (b).

(2) After review, the commissioner shall forward the appraisal to the board of examiners described in Subsection 63G-9-201(2) together with the commissioner's recommendation concerning the amount, if any, that should be allowed.

(3) Any costs incurred in the appraisal shall be paid by the state.

Credits

Laws 2012, c. 331, § 14, eff. May 8, 2012; Laws 2017, c. 345, § 309, eff. July 1, 2017.

 

§ 4–31–108. Slaughter for Post-Mortem Examination

The commissioner may order the euthanasia and postmortem examination of a diseased domestic animal if the exact nature of the animal's disease is not readily determined through other means.

Credits

Laws 2012, c. 331, § 15, eff. May 8, 2012; Laws 2017, c. 345, § 310, eff. July 1, 2017.

 

§ 4–31–109. Department Authorized to Make and Enforce Rules Concerning Brucellosis, Trichomoniasis, and Tuberculosis in Livestock

(1) The department may:

(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to control and eradicate brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock; and

(b) enforce the rules described in Subsection (1)(a).

(2) The department shall, in making the rules described in Subsection (1)(a), protect against negative impact on the interstate or intrastate commerce of livestock that is transferred, sold, or exhibited.

Credits

Laws 2012, c. 331, § 16, eff. May 8, 2012; Laws 2015, c. 414, § 3, eff. May 12, 2015.

 

§ 4-31-109.1. Trichomoniasis fines

(1) A person who knowingly sells a bull infected with trichomoniasis, other than to slaughter, without declaring the disease status of the animal 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, as established by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Section 4-31-109.

(2) After May 15 of each calendar year, an owner of a bull that has not been tested for trichomoniasis may be fined $1,000 per bull.

(3) An owner of a bull that has not been tested for trichomoniasis and that has been exposed to female cattle may be fined $1,000 per animal regardless of the time of year.

Credits

Laws 2015, c. 414, § 4, eff. May 12, 2015; Laws 2017, c. 345, § 311, eff. July 1, 2017.

 

§ 4–31–110. Dairy Cattle Subject to Inspection for Disease

The department may inspect a dairy animal in the state for tuberculosis or other infectious or contagious disease at a reasonable time and place.

Credits
Laws 2012, c. 331, § 17, eff. May 8, 2012.

 

§ 4–31–111. Imported Animals—Health Certificate

Except as provided by rule made by the department, a person may not import an animal into this state unless the animal is accompanied by a health certificate that:

(1) meets the requirements of department rules; and

(2) is issued by a federally accredited veterinarian.

Credits
Laws 2012, c. 331, § 18, eff. May 8, 2012.

 

§ 4–31–112. Feeding Garbage or Plate Waste to Swine Prohibited - - § 4-31-112. Repealed by Laws 2016, c. 303, § 43, eff. May 10, 2016

(1) As used in this section, “plate waste” means uneaten food from an establishment or institution that serves food.

(2) A person may not feed garbage or plate waste to a swine, unless the swine is slaughtered for home use.

(3) A person who violates this section is guilty of a class C misdemeanor.

Credits
Laws 2012, c. 331, § 19, eff. May 8, 2012.

 

§ 4–31–113. Restrictions on Movement of Infected or Exposed Animals

(1) A person who owns or has possession of an animal and knows that the animal is infected with, or has been exposed to, any contagious or infectious disease may not:

(a) permit the animal to run at large or come in contact with an animal that can be infected; or

(b) sell, ship, trade, or give away the infected animal without disclosing that the animal is diseased or has been exposed to disease.

(2) A person who violates Subsection (1) is liable to the owner or occupant of the premises for any damage inflicted by an infected animal.

(3) The provisions of this section do not apply to protected wildlife that is:

(a) living in nature; and

(b) under the jurisdiction of the Division of Wildlife Resources.

Credits

Laws 2012, c. 331, § 20, eff. May 8, 2012; Laws 2017, c. 345, § 312, eff. July 1, 2017.

 

§ 4–31–114. Report of Vesicular Disease

(1) A person who identifies symptoms of vesicular disease in livestock shall immediately report it to the department.

(2) Failure of a veterinarian licensed in this state to report to the department a diagnosed case of vesicular disease constitutes ground for the revocation of such veterinarian's license.

(3) Failure by an owner of livestock to report symptoms of vesicular disease among the owner's livestock constitutes forfeiture of the right to claim an indemnity for an animal euthanized on account of the disease.

Credits

Laws 2012, c. 331, § 21, eff. May 8, 2012; Laws 2017, c. 345, § 313, eff. July 1, 2017.

 

§ 4–31–115. Contagious or Infectious Disease—Duties of Department

(1)(a) The department shall investigate and may quarantine any reported case of contagious or infectious disease, or any epidemic or poisoning, affecting a domestic animal or an animal that the department believes may jeopardize the health of animals within the state.

(b) 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.

(c) The department may also order immunization or testing and sanitary measures to prevent the spread of disease.

(d) An investigation involving fish or wildlife shall be conducted under a cooperative agreement with the Division of Wildlife Resources.

(2)(a) If the owner or person in possession of such an animal, after written notice from the department, fails to take the action ordered, the commissioner is authorized to seize and hold the animal and take action necessary to prevent the spread of disease, including immunization, testing, dipping, or spraying.

(b) An animal seized for testing or treatment under this section may 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 the animal unless the owner, before the sale, tenders payment for the costs incurred by the department.

(c)(i) No seized animal shall be sold until the owner or person in possession of the animal is served with a notice specifying the itemized costs incurred by the department, the time, place, and purpose of sale, and the number of animals to be sold.

(ii) The notice shall be served at least three days in advance of sale in the manner:

(A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or

(B) if the owner cannot be found after due diligence, prescribed for service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure.

(3)(a) Any amount realized from the sale of the animal over the total charges shall be paid to the owner of the animal if the owner is known or can by reasonable diligence be found.

(b) If the owner is unknown and cannot be found by reasonable diligence, as described in Subsection (3)(a), the excess shall remain in the General Fund.

(c) If the total cost incurred is greater than the amount realized, the owner shall pay the difference.

Credits

Laws 2012, c. 331, § 22, eff. May 8, 2012; Laws 2017, c. 345, § 314, eff. July 1, 2017.

 

§ 4–31–116. Quarantine—Peace Officers to Assist in Maintenance of Quarantine

(1) The commissioner may quarantine any infected domestic animal or area within the state to prevent the spread of infectious or contagious disease.

(2) A sheriff or other peace officer in the state shall, upon request of the commissioner, assist the department in maintaining a quarantine and arrest a person who violates the quarantine.

(3) The department shall pay all costs and fees incurred by any law enforcement authority in assisting the department.

Credits

Laws 2012, c. 331, § 23, eff. May 8, 2012; Laws 2017, c. 345, § 315, eff. July 1, 2017.

 

§ 4–31–117. State Chemist—Assistance in Diagnosis of Disease; § 4-31-117. Repealed by Laws 2017, c. 345, § 419, eff. July 1, 2017

 

§ 4–31–118. Animal Disease Traceability

The department may:

(1) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary for animal disease traceability and compliance with federal law regarding animal disease traceability; and

(2) enforce the rules described in Subsection (1).

Credits
Laws 2012, c. 331, § 25, eff. May 8, 2012.

 

§ 4–31–119. Disease Control of Poultry, Waterfowl, and Game-Birds

(1) Except as provided in Subsection (2), the department may:

(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary for the control and prevention of disease in poultry, waterfowl, and game-birds; and

(b) enforce the rules described in Subsection (1)(a).

(2) The department may not make a rule under Subsection (1)(a) that relates to protected wildlife that is:

(a) living in nature; and

(b) under the jurisdiction of the Division of Wildlife Resources.

Credits
Laws 2012, c. 331, § 26, eff. May 8, 2012.

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