4-31 - Control of Animal Disease
Title 4 > 4-31
Sections (17)
4-31-101 - Title.
This chapter is known as “Control of Animal Disease.”
4-31-102 - Dead domestic animals — Duty of owner to bury or otherwise dispose— Liability for costs.
4-31-102(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. 4-31-102(2) The owner of a dead bovine, horse, mule, goat, sheep, bird, or swine may bury the dead animal on the owner’s property. 4-31-102(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. 4-31-102(4) A county, city, or town that incurs expense under this section is entitled to reimbursement from the owner of the dead animal.
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.
4-31-104 - Penalty.
A person who violates Section 4-31-102 or 4-31-103 is guilty of an infraction.
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.
4-31-106 - Epidemic of contagious or infectious disease — Condemnation or destruction of infected or exposed livestock — Destruction of other property.
4-31-106(1) If there is an outbreak of contagious or infectious 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 transmitting the disease to other domestic animals. 4-31-106(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.
4-31-107 - Value determination before destruction.
4-31-107(1) Before any livestock or property that is not otherwise indemnified is destroyed under Section 4-31-106, the commissioner shall determine the value of the livestock or other property in consultation with the state veterinarian. 4-31-107(2) The commissioner shall make the value determination described in Subsection (1) based on available data from the United States Department of Agriculture or other reliable government sources. 4-31-107(3) After review, the commissioner shall forward the determined value and an appraisal described in Subsection (4), if any, 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 reimbursed. 4-31-107(4) An owner of livestock or other property subject to destruction may pay for an independent appraisal of the value of the livestock or other property, which appraisal the board of examiners shall consider in the board of examiners’ recommendation described in Subsection (3).
4-31-108 - Euthanasia for postmortem 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.
4-31-109 - Department authorized to make and enforce rules concerning brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock.
4-31-109(1) The department may:
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 enforce the rules described in Subsection (1)(a). 4-31-109(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.
4-31-109.1 - Trichomoniasis fines.
4-31-109.1(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. 4-31-109.1(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 animal regardless of the time of year.
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: 4-31-111(1) meets the requirements of department rules; and 4-31-111(2) is issued by a federally accredited veterinarian.
4-31-113 - Restrictions on movement of infected or exposed animals.
4-31-113(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:
permit the animal to run at large or come in contact with an animal that can be infected; or sell, ship, trade, or give away the infected animal without disclosing that the animal is diseased or has been exposed to disease. 4-31-113(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. 4-31-113(3) The provisions of this section do not apply to protected wildlife that is:
living in nature; and under the jurisdiction of the Division of Wildlife Resources.
4-31-114 - Report of vesicular disease.
4-31-114(1) A person who identifies symptoms of vesicular disease in livestock shall immediately report it to the department. 4-31-114(2) The department may report a veterinarian licensed in this state to the veterinarian’s licensing authority for the veterinarian’s failure to report a diagnosed case of vesicular disease to the department. 4-31-114(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.
4-31-115 - Contagious or infectious disease, or any epidemic or poisoning — Duties of department.
4-31-115(1) The department shall investigate and may quarantine a 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.The department shall make a prompt and thorough examination of the 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.An investigation involving fish or wildlife shall be conducted under a cooperative agreement with the Division of Wildlife Resources. 4-31-115(2) If the owner or person in possession of an animal with a contagious or infectious disease, epidemic, or poisoning, after written notice from the department, fails to take the action ordered, the commissioner may seize and hold the animal and take action necessary to prevent the spread of disease, including immunization, testing, or treatment.An animal seized for testing or treatment under this section may be sold by the commissioner at public sale to reimburse the department for the 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.The commissioner may not sell a seized animal 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.The notice shall be served at least three days in advance of sale in the manner:prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; orif the owner cannot be found after due diligence, prescribed for service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure. 4-31-115(3) 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.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.If the total cost incurred is greater than the amount realized, the owner shall pay the difference.
4-31-116 - Quarantine — Peace officers to assist in maintenance of quarantine.
4-31-116(1) The commissioner may quarantine any infected domestic animal or area within the state to prevent the spread of infectious or contagious disease. 4-31-116(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. 4-31-116(3) The department shall pay all costs and fees incurred by any law enforcement authority in assisting the department.
4-31-118 - Animal disease traceability.
The department may: 4-31-118(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 4-31-118(2) enforce the rules described in Subsection (1).
4-31-119 - Disease control of poultry, waterfowl, and game-birds.
4-31-119(1) Except as provided in Subsection (2), the department may:
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 enforce the rules described in Subsection (1)(a). 4-31-119(2) The department may not make a rule under Subsection (1)(a) that relates to protected wildlife that is:
living in nature; and under the jurisdiction of the Division of Wildlife Resources.