4-39 - Domesticated Elk Act
Title 4 > 4-39
Sections (27)
General Provisions
4-39-101 - Title.
This chapter is known as the “Domesticated Elk Act.”
Enacted by Chapter 302, 1997 General Session
4-39-102 - Definitions.
As used in this chapter:
(1) “Commingle” means maintaining animals in a manner in which physical contact among animals could occur.”Commingle” includes maintaining animals in the same pasture or enclosure.”Commingle” does not include holding animals:at a sale;during transportation;during artificial insemination; orin other circumstances involving limited contact among animals for a short period of time.
(2) “Domesticated elk” means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes.
(3) “Domesticated elk facility” means a facility where only domesticated elk are raised.”Domesticated elk facility” includes an elk ranch.
(4) “Domesticated elk product” means any carcass, part of a carcass, hide, meat, meat food product, antlers, or any part of a domesticated elk.
(5) “Elk ranch” means a facility where domesticated elk are harvested through typical hunting methods.
(6) “Suspect domesticated elk” means a domesticated elk for which: the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:unofficial test results;laboratory evidence; orclinical signs; andofficial laboratory results for a disease spreading pathogen:are inconclusive; orhave not been conducted.
Amended by Chapter 110, 2023 General Session
4-39-103 - Department’s responsibilities.
The department is responsible for enforcing laws and rules relating to:
(1) the importation, possession, or transportation of domesticated elk into the state or within the state;
(2) the inspection of domesticated elk facilities;
(3) preventing the outbreak and controlling the spread of disease-causing pathogens among domesticated elk in domesticated elk facilities;
(4) preventing the spread of disease-causing pathogens from domesticated elk to wildlife, other animals, or humans; and
(5) if necessary, quarantining any domesticated elk pursuant to Chapter 31, Control of Animal Disease.
Amended by Chapter 331, 2012 General Session
4-39-104 - Domesticated Elk Act advisory council.
(1) The department shall establish a Domesticated Elk Act advisory council to give advice and make recommendations on policies and rules adopted pursuant to this chapter.
(2) The advisory council shall consist of 10 members appointed by the commissioner of agriculture to four-year terms as follows: one member, recommended by the executive director of the Department of Natural Resources, shall represent the Department of Natural Resources;two members, one of whom shall be the state veterinarian, shall represent the Department of Agriculture;one member shall represent the livestock industry;one member, recommended by the executive director of the Department of Natural Resources from a list of candidates submitted by the Division of Wildlife Resources, shall represent wildlife interests; andfive members, recommended by the Department of Agriculture, shall represent the domesticated elk industry.
(3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) A majority of the advisory council constitutes a quorum.A quorum is necessary for the council to act.
(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: Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 181, 2017 General Session
4-39-105 - Prohibited activities.
(1) Except as provided in this title or in the rules of the department made pursuant to this title, a person may not: acquire, import, or possess domesticated elk intended for use in a domesticated elk facility;transport domesticated elk to or from a domesticated elk facility;propagate domesticated elk in a domesticated elk facility; orharvest, transfer, possess, or sell domesticated elk or domesticated elk products from a domesticated elk facility.
(2) Releasing domesticated elk into the wild is prohibited.
Amended by Chapter 378, 1999 General Session
4-39-106 - Department to make rules.
(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after considering the recommendations of the advisory council: specifying procedures for the application and renewal of licenses for operating a domesticated elk facility;governing the disposal or removal of domesticated elk from a domesticated elk facility for which the license has lapsed or been revoked;setting standards and requirements for operating a domesticated elk facility;setting health requirements and standards for health inspections; andgoverning the possession, transportation, and accompanying documentation of domesticated elk carcasses.
(2) The department may make other rules consistent with its responsibilities set forth in Section 4-39-103.
Amended by Chapter 382, 2008 General Session
4-39-107 - Powers of state veterinarian.
(1) The state veterinarian shall: set up periodic or ongoing surveillance programs considered necessary for:the recognition, control, monitoring, and elimination of infectious diseases and parasites; andmonitoring genetic purity; andquarantine 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: the status of the animal disease traceability investigation, including any findings; andthe owner’s right to appeal.
(4) The state veterinarian may not: quarantine a domesticated elk facility unless a domesticated elk at the domesticated elk facility has, within the previous 60 months:tested positive for a disease spreading pathogen; orcommingled with a domesticated elk in a quarantined domesticated elk facility;continue a previously ordered domesticated elk facility quarantine if an animal disease traceability investigation finds that: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; orno suspect domesticated elk resides at the domesticated elk facility; orrestrict the movement of a domesticated elk in transport to an elk ranch or slaughter facility.
Amended by Chapter 110, 2023 General Session
4-39-108 - Deposit of fees.
The department shall deposit all fees collected under this chapter into the Utah Livestock Brand and Anti-Theft Account created in Section 4-24-501 .
Amended by Chapter 295, 2021 General Session
Domesticated Elk Facilities and Licenses
4-39-201 - Fencing, posts, and gates.
(1) A domesticated elk facility shall, at a minimum, meet the requirements of this section and shall be constructed to prevent the movement of domestic elk and wild cervids into or out of the facility.
(2) All perimeter fences and gates shall be:a minimum of eight feet above ground level; andconstructed of hi-tensile steel.At least the bottom four feet shall be mesh with a maximum mesh size of 6” x 6”.The remaining four feet shall be mesh with a maximum mesh size of 12” x 6”.
(3) The minimum wire gauge shall be 14-1/2 gauge for a 2 woven hi-tensile fence.
(4) All perimeter gates at the entrances of a domesticated elk handling facility shall be locked, with consecutive or self-closing gates when animals are present.
(5) Posts shall be: constructed of treated wood that is at least four inches in diameter; orconstructed of a material with the strength equivalent of Subsection (5)(a)(i);spaced no more than 30 feet apart if one stay is used, or 20 feet apart if no stays are used; andat least eight feet above ground level and two feet below ground level.
(6) Stays, between the posts, shall be: constructed of treated wood or steel;spaced no more than 15 feet from any post; andat least eight feet above ground level, and two feet below ground level.
(7) Corner posts and gate posts shall be braced wood or its strength equivalent.
Amended by Chapter 345, 2017 General Session
4-39-202 - General facility requirements.
(1) Internal handling facilities shall be capable of humanely restraining an individual animal and to facilitate:the application or reading of any animal identification;the taking of blood or tissue samples; andany other required or necessary testing procedure.A domesticated elk facility shall be properly constructed to protect inspection personnel while inspection personnel are handling the domesticated elk.
(2) The domesticated elk facility owner shall provide ample signage around the facility indicating that it is a domesticated elk facility, so that the public is put on notice that the animals are not wild elk.
Amended by Chapter 345, 2017 General Session
4-39-203 - License required to operate a domesticated elk facility.
(1) A person may not operate a domesticated elk facility without first obtaining a license from the department.
(2) An application for a license to operate a domesticated elk facility shall be accompanied by a fee.The fee shall be established by the department in accordance with Section 63J-1-504.
(3) An applicant for a domesticated elk facility license shall submit an application providing all information in the form and manner as required by the department.
(4) The department may not issue a license until the department inspects and approves the facility.The department shall:notify the Division of Wildlife Resources at least 48 hours before a scheduled inspection so that a Division of Wildlife Resources representative may be present at the inspection; andprovide the Division of Wildlife Resources with copies of all licensing and inspection reports.
(5) Each separate location of the domesticated elk operation shall be licensed separately.
(6) If a domesticated elk facility is operated under more than one business name from a single location, the name of each operation shall be listed with the department in the form and manner required by the department.The department shall require that a separate fee be paid for each business name listed.If a domesticated elk facility operates under more than one business name from a single location, each facility shall maintain separate records.
(7) A person with an equity interest in the domesticated elk shall be listed on the application for license.
(8) A domesticated elk facility license shall expire on June 30 in the year following the year of issuance.
(9) A licensee shall report to the department, in the form and manner required by the department, any change in the information provided in the licensee’s application or in the reports previously submitted, within 15 days of each change.
(10) A license issued pursuant to this section is not transferable.
Amended by Chapter 91, 2025 General Session
4-39-204 - Inspection of domesticated elk.
Following the issuance of a license, the licensee shall have each domesticated elk inspected within 60 days following the stocking of the facility.
Enacted by Chapter 302, 1997 General Session
4-39-205 - License renewal.
(1) To renew a license, the licensee shall submit to the department the following:renewal fee;paperwork showing that the:domesticated elk, on the domesticated elk facility, have been inspected and certified by the department for health and proof of ownership for all elk imported into the state; andfacility has been properly maintained, as provided in this chapter, during the immediately preceding 60-day period; andrecord of each purchase of domesticated elk and transfer of domesticated elk into the facility, which shall include the following information:name and address of the source;date of transaction; andnumber and sex.
(2) If the renewal fee and paperwork are not received on or before April 30, the department shall charge a late fee.A license may not be renewed until the renewal fee and any late fee is paid.
(3) If the application and fee for renewal are not received on or before June 30, the license may not be renewed, and a new license shall be required.
Amended by Chapter 91, 2025 General Session
4-39-206 - Records to be maintained.
(1) The following records and information shall be maintained by a domesticated elk facility for the life of the animal plus five years:records of purchase, acquisition, distribution, and production histories of domesticated elk;records documenting antler harvesting, production, and distribution; andhealth certificates.
(2) For purposes of carrying out this chapter and rules made under this chapter, at any reasonable time during regular business hours, the department shall have free and unimpeded access to inspect all records required to be kept.
(3) The department may make copies of the records referred to in this section.
Amended by Chapter 91, 2025 General Session
4-39-207 - Inspection of facilities.
(1) The department may conduct pathological or physical investigations at any domesticated elk facility to ensure compliance with this chapter.
(2) For purposes of carrying out the provisions of this chapter and rules made under this chapter, at any reasonable time during regular business hours, the department shall have free and unimpeded access to inspect all buildings, yards, pens, pastures, and other areas in which any domesticated elk are kept, handled, or transported.
(3) The department shall notify the Division of Wildlife Resources prior to an inspection so that a Division of Wildlife Resources representative may be present at the inspection.
Amended by Chapter 345, 2017 General Session
Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk
4-39-301 - Proof of source.
The department shall require proof that the domesticated elk originates from a legal source as provided in Section 4-39-302 .
Amended by Chapter 91, 2025 General Session
4-39-302 - Acquisition of domesticated elk for use in domesticated elk facilities.
Domesticated elk intended for use in domesticated elk facilities shall meet all health and genetic requirements of this chapter.
Amended by Chapter 378, 2010 General Session
4-39-303 - Importation of domesticated elk — Enforcement.
(1) A person may not import domesticated elk into the state for use in domesticated elk facilities without first obtaining:an entry permit from the state veterinarian’s office; anda domesticated elk facility license from the department.
(2) The entry permit shall include the following information and certificates:a health certificate with an indication of the current health status;the name and address of the consignor and consignee;proof that the elk are:tuberculosis free; orenrolled in a tuberculosis herd monitoring accreditation program administered by the United State Department of Agriculture or the Canadian Food Inspection Agency;the origin of shipment;the final destination;the total number of animals in the shipment;for an elk imported from east of the 100 degree meridian, proof that the elk has been dewormed in accordance with Subsection (3)(a); andany other information required by the state veterinarian’s office or the department.
(3) In addition to the requirements described in Subsections (1) and (2), a person importing a domesticated elk from east of the 100 degree meridian shall:deworm the elk within 60 days before arrival in the state;deworm or harvest the elk no later than 150 days after arrival in the state;for a bull sent to an elk ranch:hold the bull for harvest until the bull has completed a slaughter withdrawal period; orbe able to demonstrate that the elk is free from dewormer residue; andmake the elk available to the department for monitoring and inspection upon request by the department.
(4) The department may stop the importation of a domesticated elk or quarantine a domesticated elk if the department identifies the spread of meningeal worm in the elk or the elk’s domesticated herd.
(5) A person who imports domesticated elk into the state from an international herd:may only import domesticated elk:that are male; andto an elk ranch for use in the elk ranch; andshall ensure that the domesticated elk are harvested in the same season in which the domesticated elk enter the state.
(6) For the purpose of enforcing Subsection (5), the department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the use of radio frequency identification tags to track male elk imported into the state from an international herd.
Amended by Chapter 91, 2025 General Session
4-39-304 - Marking domesticated elk.
Amended by Chapter 91, 2025 General Session
4-39-305 - Transportation of domesticated elk to or from domesticated elk facilities.
(1) A person may transport domesticated elk without an official state brand certificate or other proof of ownership if the person: only moves domesticated elk accompanied by an intrastate transfer form provided by the department;reports the move to the department within five days;only moves domesticated elk from a licensed facility to another licensed facility owned by the same person; andonly moves domesticated elk intrastate.
(2) An official state brand inspection certificate shall accompany all domesticated elk sold or slaughtered.
Amended by Chapter 355, 2018 General Session
4-39-306 - Inspection before movement, sale, or slaughter.
(1) Each domesticated elk facility licensee shall have the domesticated elk inspected by the department before sale or slaughter.
(2) Except as provided by Section 4-39-305, any person transporting or possessing domesticated elk or domesticated elk products shall have the appropriate brand inspection certificate in the person’s possession.
Amended by Chapter 355, 2018 General Session
4-39-307 - Inspections — Qualifications of inspectors.
Health certification shall be based upon inspections carried out in accordance with standards specified by the department.
Enacted by Chapter 302, 1997 General Session
Escape of Domesticated Elk/Removal of Wild Elk
4-39-401 - Escape of domesticated elk — Liability.
(1) The owner shall try to capture domesticated elk that escape.
(2) The escape of a domesticated elk shall be reported immediately to the domestic elk program manager, who shall notify the Division of Wildlife Resources.
(3) If the domesticated elk is not recovered within 72 hours of the escape, the department, in conjunction with the Division of Wildlife Resources, shall take whatever action is necessary to resolve the problem.
(4) The owner shall reimburse the state or a state agency for any reasonable recapture costs incurred in the recapture or destruction of an escaped domesticated elk.
(5) An escaped domesticated elk taken by a licensed hunter in a manner that complies with the provisions of Title 23A, Wildlife Resources Act, and the rules of the Wildlife Board shall be considered a legal taking and neither the licensed hunter, the state, nor a state agency shall be liable to the owner for the killing.
(6) The owner shall be responsible for containing the domesticated elk to ensure that there is no spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk is protected.
Amended by Chapter 34, 2023 General Session
4-39-402 - Removal of wild cervids — Liability.
(1) Upon discovery of a wild cervid in a domesticated elk facility, the licensee shall immediately notify the Division of Wildlife Resources, which shall remove the wild cervid.
(2) The state or a state agency is not liable for disease or genetic purity problems of domesticated elk that may be attributed to wild cervids.
Amended by Chapter 345, 2017 General Session
Enforcement and Penalties
4-39-501 - Enforcement and penalties.
(1) Any violation of this chapter is a class B misdemeanor and may be grounds for revocation of the license or denial of any future license as determined by the department.
(2) A violation of any rule made under this chapter may be grounds for revocation of the license or denial for future licenses as determined by the department.
Enacted by Chapter 302, 1997 General Session
4-39-502 - Adjudicative proceedings.
Adjudicative proceedings under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act .
Amended by Chapter 382, 2008 General Session
4-39-503 - Grounds for denial, suspension, or revocation of licenses for domestic elk facilities.
(1) The department shall deny, suspend, or revoke a license to operate a domestic elk facility if the licensee or applicant:fails, for two consecutive years, to:meet inventory requirements as required by the department;submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old; ornotify the department that there are wild cervids inside a domestic elk farm or elk ranch;fails to present animals for identification at the request of the department or allow the department to have access to facility records; orviolates the import requirements described in Section 4-39-303.
(2) The department may deny, revoke, or suspend a license to operate a domestic elk facility if, after delivery of notice and an opportunity to correct, the licensee or applicant:provides:an unfinished application or incorrect application information; orincorrect records or fails to maintain required records;fails to:notify the department of movement of elk onto or off of the facility;identify elk as required;notify the department concerning an escape of an animal from a domestic elk facility;maintain a perimeter fence that prevents escape of domestic elk or ingress of wild cervids into the facility;participate with the department in a cooperative wild cervid removal program;submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old; orhave the minimum proper equipment necessary to safely and humanely handle animals in the facility;moves imported elk onto a facility without getting a Certificate of Veterinary Inspection that has an import permit number from the department;imports animals that are prohibited or controlled by the division; orhandles animals in a manner that violates acceptable animal husbandry practices.
Amended by Chapter 59, 2024 General Session