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

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Primary Citation:  U.C.A. 1953 § 4-2-301 - 305; § 4-2-401 - 402; § 4-2-501 to 504; § 4-31-1 to 4-31-119 Country of Origin:  United States Last Checked:  January, 2019 Alternate Citation:  UT ST § 4-2-301 - 305; § 4-2-401 - 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. Administration

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

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

§ 4–2–303. Violations of Title Unlawful

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

§ 4-2-305. Preemption

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 Repealed by Laws 2012, C. 331, § 29, eff.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 Repealed by Laws 2012, C. 331, § 29, eff.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 Repealed by Laws 2012, C. 331, § 29, eff.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 Repealed by Laws 2012, C. 331, § 29, eff.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 Repealed by Laws 2012, C. 331, § 29, eff.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 Repealed by Laws 2012, C. 331, § 29, eff.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 Repealed by Laws 2012, C. 331, § 29, eff.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.  § 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. Administration

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.

 

§ 4–2–303. 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.

 

§ 4-2-305. Preemption

(1) Subject to concurrence with relevant federal laws and except as provided in Subsection (4), the department has exclusive jurisdiction over regulation regarding:

(a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act;

(b) fertilizer, as described in Chapter 13, Utah Fertilizer Act;

(c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and

(d) seeds, as described in Chapter 16, Utah Seed Act.

(2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of statewide concern, except as provided in Subsection (4), and this title occupies the whole field of potential regulation.

(3) Except as provided in Subsection (4), a political subdivision of the state is prohibited from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances, resolutions, amendments, regulations, or laws that seek to do so are void.

(4) Nothing in this section preempts or otherwise limits the authority of a political subdivision to:

(a) adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions; or

(b) in consultation with the department, enforce, maintain, amend, or otherwise continue to implement a regulation created on or before January 1, 2017, related to the use of pesticides and fertilizers in surface water and groundwater source water protection areas.

Credits
Laws 2017, c. 86, § 1, eff. May 9, 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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