4-37-502.  Inspections — Health approval report — Report for quarantine facility — Qualifications of inspectors — Notification of department.

(1)  Approval shall be based upon inspections carried out in accordance with standards and rules of the Fish Health Policy Board made pursuant to Section 4-37-503.

Terms Used In Utah Code 4-37-502

  • Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
  • Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
  • Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) 

(a)  An inspection shall be conducted under the direction of an individual certified by the American Fisheries Society as an aquatic animal health inspector or fish pathologist. A sample may be collected by a federally accredited veterinarian, a state or federal animal health official, or an American Fisheries Society certified aquatic animal health inspector or fish pathologist.

(b)  An inspection of an aquaculture facility may not be done by an inspector who is employed by, or has pecuniary interest in, the facility being inspected.

(c)  The department shall post on its website a current list of:

(i)  certified fish health inspectors; and

(ii)  approved laboratories to which a fish health inspector may send the samples collected during the inspections required by this section.

(d) 

(i)  If the fish health inspector conducting the inspection is not an employee of the department, the owner or operator of the aquaculture facility shall notify the department of the date and time of the inspection at least five business days before the date on which the inspection will occur.

(ii)  The department may be present for the inspection.

(3)  To receive a health approval number, inspection reports and other evidence of the disease status of a source facility shall be submitted to the agency responsible for certifying the source as health approved pursuant to Section 4-37-501.

Amended by Chapter 295, 2021 General Session