Utah Code 4-39-107. Powers of state veterinarian

4-39-107. Powers of state veterinarian.

(1)

The state veterinarian shall:

Terms Used In Utah Code 4-39-107

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102
Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102
Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102
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
Suspect domesticated elk: means a domesticated elk for which:

(a)

the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:

(i)	unofficial test results;

(ii)	laboratory evidence; or

(iii)

clinical signs; and

(b)

official laboratory results for a disease spreading pathogen:

(i)	are inconclusive; or

(ii)

have not been conducted. See Utah Code 4-39-102

(a)

set up periodic or ongoing surveillance programs considered necessary for:

(i)	the recognition, control, monitoring, and elimination of infectious diseases and parasites; and

(ii)	monitoring genetic purity; and

(b)	quarantine or make any disposition of diseased animals that the state veterinarian considers necessary for the control or eradication of that disease.

(2)

In carrying out the state veterinarian’s duties under this section, the state veterinarian may impose reasonable restrictions, as determined by the department, on the transfer of domesticated elk to or from a domesticated elk herd for a limited time for the purpose of conducting a health risk assessment for the domesticated elk herd.

(3)

Within 30 calendar days after the day on which the state veterinarian begins an animal disease traceability investigation for a domesticated elk herd, the state veterinarian shall provide written notice to an owner of the domesticated elk facility of:

(a)	the status of the animal disease traceability investigation, including any findings; and

(b)	the owner’s right to appeal.

(4)

The state veterinarian may not:

(a)

quarantine a domesticated elk facility unless a domesticated elk at the domesticated elk facility has, within the previous 60 months:

(i)	tested positive for a disease spreading pathogen; or

(ii)	commingled with a domesticated elk in a quarantined domesticated elk facility;

(b)

continue a previously ordered domesticated elk facility quarantine if an animal disease traceability investigation finds that:

(i)	a suspect domesticated elk was not commingled with a domesticated elk that tested positive for a disease spreading pathogen in the 60 months before the day on which the state veterinarian begins the investigation; or

(ii)	no suspect domesticated elk resides at the domesticated elk facility; or

(c)	restrict the movement of a domesticated elk in transport to an elk ranch or slaughter facility.

Amended by Chapter 110, 2023 General Session

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