H.B. 90 Enrolled

ELK FARMING
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Bradley T. Johnson
Kevin S. Garn
Don E. Bush
Thomas Hatch
David Ure
Michael R. Styler
Jack A. Seitz
Dennis H. Iverson
Jordan Tanner
Fred R. Hunsaker
Orville D. Carnahan
Brian R. Allen
Craig W. Buttars
James R. Gowans
Evan L. Olsen
Peter C. Knudson
Beverly Ann Evans
Bryan D. Holladay
Keele Johnson
Wayne A. Harper
John B. Arrington
Bill Wright
Margaret Dayton
Raymond W. Short
Melvin R. Brown
Christine R. Fox

AN ACT RELATING TO AGRICULTURE AND WILDLIFE; ESTABLISHING A
DOMESTICATED ELK FARMING PROGRAM; CREATING A DOMESTICATED
ELK ADVISORY COUNCIL; SPECIFYING REQUIREMENTS FOR THE
OPERATION OF A DOMESTICATED ELK FACILITY; ESTABLISHING A
REGULATORY FEE; PROVIDING FOR THE ACQUISITION, TRANSPORTATION,
AND POSSESSION OF DOMESTICATED ELK; SPECIFYING ENFORCEMENT AND
PENALTY PROVISIONS; MAKING TECHNICAL AMENDMENTS; AND
PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-1-8, as last amended by Chapter 20, Laws of Utah 1995
4-7-3, as last amended by Chapter 41, Laws of Utah 1995
4-24-2, as enacted by Chapter 2, Laws of Utah 1979
4-24-10, as enacted by Chapter 2, Laws of Utah 1979
4-24-11, as last amended by Chapter 126, Laws of Utah 1995
4-24-13, as enacted by Chapter 2, Laws of Utah 1979
4-24-14, as enacted by Chapter 2, Laws of Utah 1979
4-24-15, as enacted by Chapter 2, Laws of Utah 1979

4-24-17, as last amended by Chapter 10, Laws of Utah 1986, Second Special Session
4-24-20, as last amended by Chapter 139, Laws of Utah 1988
4-24-24, as enacted by Chapter 2, Laws of Utah 1979
4-31-14, as enacted by Chapter 2, Laws of Utah 1979
4-32-3, as last amended by Chapter 79, Laws of Utah 1996
4-32-4, as last amended by Chapter 30, Laws of Utah 1992
4-32-7, as last amended by Chapter 79, Laws of Utah 1996
ENACTS:
4-39-101, Utah Code Annotated 1953
4-39-102, Utah Code Annotated 1953
4-39-103, Utah Code Annotated 1953
4-39-104, Utah Code Annotated 1953
4-39-105, Utah Code Annotated 1953
4-39-106, Utah Code Annotated 1953
4-39-107, Utah Code Annotated 1953
4-39-108, Utah Code Annotated 1953
4-39-201, Utah Code Annotated 1953
4-39-202, Utah Code Annotated 1953
4-39-203, Utah Code Annotated 1953
4-39-204, Utah Code Annotated 1953
4-39-205, Utah Code Annotated 1953
4-39-206, Utah Code Annotated 1953
4-39-207, Utah Code Annotated 1953
4-39-301, Utah Code Annotated 1953
4-39-302, Utah Code Annotated 1953
4-39-303, Utah Code Annotated 1953
4-39-304, Utah Code Annotated 1953
4-39-305, Utah Code Annotated 1953

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4-39-306, Utah Code Annotated 1953
4-39-307, Utah Code Annotated 1953
4-39-401, Utah Code Annotated 1953
4-39-402, Utah Code Annotated 1953
4-39-501, Utah Code Annotated 1953
4-39-502, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-1-8 is amended to read:
4-1-8. General definitions.
Subject to additional definitions contained in the chapters of this title which are applicable
to specific chapters, as used in this title:
(1) "Agriculture" means the science and art of the production of plants and animals useful
to man including the preparation of plants and animals for human use and disposal by marketing or
otherwise.
(2) "Agricultural product" or "product of agriculture" means any product which is derived
from agriculture, including any product derived from aquaculture as defined in Section 4-37-103.
(3) "Commissioner" means the commissioner of the Department of Agriculture.
(4) "Department" means the Department of Agriculture created under Title 4, Chapter 2.
(5) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk
as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept
for profit.
(6) "Organization" means a corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
(7) "Person" means a natural person or individual, corporation, organization, or other legal
entity.
Section 2. Section 4-7-3 is amended to read:
4-7-3. Definitions.

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As used in this chapter:
(1) "Agent" or "broker" means any person who, on behalf of a dealer or purchaser, solicits
or negotiates the consignment or purchase of any product of agriculture.
(2) "Consignor" means any person who ships or delivers any product of agriculture to a
dealer for storage, handling, or sale.
(3) (a) "Dealer" means any person who:
(i) receives any product of agriculture from any person for sale or storage on commission;
and
(ii) is entrusted with the possession, management, control, or disposal of any product of
agriculture for the account of that person.
(b) "Dealer" includes "livestock dealer."
(4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase.
(b) "Immediate resale" does not include the resale of livestock culled within 60 days that
were purchased for feeding or replacement.
(5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, [and] bison, and
domesticated elk as defined in Section 4-39-102.
(6) "Livestock dealer" means a person engaged in the business of purchasing livestock for
immediate resale or interstate shipment for immediate resale.
(7) "Producer" means any person who is primarily engaged in the business of raising any
product of agriculture for profit.
(8) "Product of agriculture" means any product useful to the human species which results
from the application of the science and art of the production of plants and animals.
Section 3. Section 4-24-2 is amended to read:
4-24-2. Definitions.
As used in this chapter:
(1) "Brand" means any identifiable mark applied to livestock which is intended to show
ownership[;].
(2) "Carcass" means any part of the body of an animal, including but not limited to hides,

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entrails, and edible meats[;].
(3) "Domesticated elk" shall have the meaning as defined in Section 4-39-102.
[(3)] (4) "Hide" means any skins or wool removed from livestock[;].
[(4)] (5) "Livestock" means cattle, calves, horses, mules, sheep, goats, [or] hogs[;], or
domesticated elk.
[(5)] (6) (a) "Livestock market" means a public market place consisting of pens or other
enclosures where cattle, calves, horses, or mules are received on consignment and kept for
subsequent sale, either through public auction or private sale[; but it].
(b) "Livestock market" does not mean:
[(a)] (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
breeder, or feeder who is going out of business; or
[(b)] (ii) a place where an association of livestock breeders under its own management,
offers registered livestock or breeding sires for sale and assumes all responsibility for the sale,
guarantees title to the livestock or sires sold, and arranges with the department for brand inspection
of all animals sold[;].
[(6)] (7) "Mark" means any dulap, waddle, or cutting and shaping of the ears or brisket area
of livestock which is intended to show ownership[;].
[(7)] (8) "Slaughterhouse" means any building, plant, or establishment where animals are
killed, dressed, or processed and their meat or meat products offered for sale for human
consumption.
Section 4. Section 4-24-10 is amended to read:
4-24-10. Livestock on open range or outside enclosure to be marked or branded --
Cattle upon transfer of ownership to be marked or branded -- Exceptions.
(1) [No] (a) Except as provided in Subsections (1)(b) and (1)(c), no livestock[, except swine,
goats, and unweaned calves or colts,] shall forage upon an open range in this state or outside an
enclosure unless they bear a brand or mark recorded in accordance with this chapter.
(b) Swine, goats, and unweaned calves or colts are not required to bear a brand or mark to
forage upon open range or outside an enclosure.

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(c) Domesticated elk may not forage upon open range or outside an enclosure under any
circumstances as provided in Chapter 39 of this title.
(2) [All] (a) Except as provided in Subsection (2)(b), all cattle, upon sale or other transfer
of ownership, shall be branded or marked with the recorded brand or mark of the new owner within
30 days after transfer of ownership[; provided, that no].
(b) No branding or marking, upon change of ownership, is required within the 30-day period
for:
(i) unweaned calves[,];
(ii) registered or certified cattle[,];
(iii) youth project calves, if the number transferred is less than five[,]; or [for marked]
(iv) dairy cattle held on farms.
Section 5. Section 4-24-11 is amended to read:
4-24-11. Certificate of brand inspection necessary to effectuate change of ownership
-- Exception.
(1) Except as provided in Subsection (2), the ownership of cattle, horses, domesticated elk,
or mules may not be transferred to any other person, through sale or otherwise, without a certificate
of brand inspection issued by a department brand inspector.
(2) (a) A brand inspection is not required to transfer ownership of dairy calves from the farm
of origin under 60 days of age.
(b) Any person who transports dairy calves that have not been brand inspected pursuant to
Subsection (2)(a) shall be required to show a sales invoice upon request.
Section 6. Section 4-24-13 is amended to read:
4-24-13. Brand inspection required prior to slaughter -- Exceptions.
[No person shall slaughter, except for such person's own use in compliance with section
4-32-4 (2),] (1) Except as provided in Subsection (2), a brand inspection is required before any
cattle, calves, horses, domesticated elk, or mules [without a certificate of brand inspection] are
slaughtered.
(2) A person may slaughter cattle, calves, horses, or mules for that person's own use without

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a brand inspection if the requirements of Subsection 4-32-4(2) are met.
Section 7. Section 4-24-14 is amended to read:
4-24-14. Transportation by air or rail -- Brand inspection required -- Application for
brand inspection -- Time and place of inspection.
[No] (1) Except as provided in Subsection (2), no person [shall] may offer, or railroad or
airline company accept, any cattle, calves, horses, domesticated elk, or mules for transport until they
have been brand inspected [unless the department approves their transport subject to brand
inspection at some point designated along the transport route].
(2) Before [livestock is] cattle, calves, horses, domesticated elk, or mules are transported by
rail or air, the shipper shall [make application to]:
(a) request the department to inspect the brands and marks of the animals [subject to
shipment. The application shall advise the department of] being transported; and
(b) specify the time and place where the animals may be inspected.
(3) Cattle, calves, horses, domesticated elk, or mules transported by rail or air shall [either]
be brand inspected:
(a) at a stockyard or at the initial point of shipment; or[,]
(b) if approved by the department, at a point or station along the [transport] transportation
route. [Upon receipt of an application for brand inspection, the]
(4) The department shall conduct the inspection at the time and place specified [in the
application] by the shipper or at [such] any other time and place as determined by the department
[approves].
Section 8. Section 4-24-15 is amended to read:
4-24-15. Movement across state line -- Brand inspection required -- Exception --
Application for brand inspection -- Time and place of inspection.
[No person shall drive any] (1) Except as provided in Subsection (2), a person may not drive
or transport any cattle, calves, horses, domesticated elk, or mules from any place within this state
to a place outside this state until they have been brand inspected[; provided, that this section is
inapplicable to such].

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(2) Subsection (1) does not apply if the animals [if they] specified in Subsection (1)
customarily forage on an open range which transgresses the Utah state line and that of an adjoining
state. [Before any of these animals are driven beyond the Utah state line, the]
(3) The owner or person responsible for [the drive] driving or transporting the animals shall
[make application to]:
(a) request the department to inspect the brands and marks of the animals to be moved[. The
application shall advise the department of]; and
(b) specify the time and place where the animals may be inspected. [Upon receipt of an
application for brand inspection, the]
(4) The department shall conduct the inspection at the time and place specified [in the
application] by the owner or responsible person or at [such] any other time and place as determined
by the department [approves].
Section 9. Section 4-24-17 is amended to read:
4-24-17. Transportation of sheep, cattle, domesticated elk, horses, or mules -- Brand
certificate or other evidence of ownership required -- Transit permit -- Contents.
(1) No person may transport any sheep, cattle, horses, domesticated elk, or mules without
having an official state brand certificate or other proof of ownership in his possession.
(2) Each person transporting livestock for another person shall have a transit permit signed
by the owner or the owner's authorized agent specifying the:
(a) name of the person driving the vehicle[,];
(b) date of transportation[,];
(c) place of origin or loading[,];
(d) destination[,];
(e) date of issuance[,]; and
(f) number of [head] animals being transported.
Section 10. Section 4-24-20 is amended to read:
4-24-20. Livestock sold at market to be brand inspected -- Proceeds of sale may be
withheld -- Distribution of withheld proceeds -- Effect of receipt of proceeds by department

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-- Deposit of proceeds -- Use of proceeds if ownership not established.
(1) Livestock shall not be sold at any livestock market until after they have been brand
inspected by the department. Title to purchased livestock shall be furnished to the buyer by the
livestock market.
(2) Upon notice from the department that a question exists concerning the ownership of
consigned livestock, the operator of the livestock market or meat packing plant shall withhold the
proceeds from the sale of the livestock for 60 days to allow the consignor of the questioned livestock
to establish ownership. If the owner or consignor fails within 60 days to establish ownership to the
satisfaction of the department, the proceeds of the sale shall be transmitted to the department.
Receipt of the proceeds by the department shall relieve the livestock market or meat packing plant
from further responsibility for the proceeds.
(3) Proceeds withheld under Subsection (2) shall be deposited in the Utah Livestock Brand
and Anti-Theft [Restricted] Account [Fund in the General Fund] created in Section 4-24-24. If
ownership is not satisfactorily established within one year, the department shall use the proceeds for
animal identification.
Section 11. Section 4-24-24 is amended to read:
4-24-24. Utah Livestock Brand and Anti-Theft Account created -- Deposit of fees --
Purpose of expenditures.
[All fees collected by the department in the administration of this chapter shall be deposited
in] (1) There is created within the General Fund a restricted [revenue fund] account [within the
General Fund to be] known as the ["]Utah Livestock Brand and Anti-Theft [Fund] Account.["]
(2) The following monies shall be deposited into the Utah Livestock Brand and Anti-Theft
Account:
(a) monies received by the department under any provision of this chapter; and
(b) monies received by the department under any provision of Title 4, Chapter 39,
Domesticated Elk Act.
(3) Monies in the Utah Livestock Brand and Anti-Theft Account shall be used for the
administration of this chapter and of Title 4, Chapter 39, Domesticated Elk Act.

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Section 12. Section 4-31-14 is amended to read:
4-31-14. Restrictions on movement of infected or exposed domestic animals.
[No] A person who owns or has possession of a domestic animal [with knowledge] or
domesticated elk and knows that it is infected with, or has been exposed to, any contagious or
infectious disease [shall] may not:
(1) permit it to run at large, or [to] come in contact with another domestic animal which can
be infected; [nor, shall such a person] or
(2) sell, ship, trade, or give away an infected animal or domesticated elk without disclosing
that it is diseased or has been exposed to disease.
Section 13. Section 4-32-3 is amended to read:
4-32-3. Definitions.
As used in this chapter:
(1) "Adulterated" means any livestock product or poultry product which:
(a) bears or contains any poisonous or deleterious substance which may render it injurious
to health, but, if the substance is not an added substance, the livestock product shall not be
considered adulterated under this subsection if the quantity of the substance in or on the livestock
product does not ordinarily render it injurious to health;
(b) bears or contains, [(]by reason of the administration of any substance to the livestock or
poultry or otherwise[)], any added poisonous or added deleterious substance which in the judgment
of the commissioner makes the livestock product unfit for human food;
(c) contains, in whole or in part, a raw agricultural commodity and such commodity bears
or contains a pesticide chemical which is unsafe within the meaning of Section 408 of the Federal
Food, Drug and Cosmetic Act;
(d) bears or contains any food additive which is unsafe within the meaning of Section 409
of the Federal Food, Drug and Cosmetic Act;
(e) bears or contains any color additive which is unsafe within the meaning of Section 721,
Federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 379e; provided, that a livestock product
which is not otherwise deemed adulterated under Subsections (c), (d), or (e) of this section shall

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nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive
is prohibited in official establishments by regulations of the commissioner;
(f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for any
other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(g) has been prepared, packaged, or held under unsanitary conditions if it may have become
contaminated with filth, or if it may have been rendered injurious to health;
(h) is in whole or in part the product of an animal which has died otherwise than by
slaughter;
(i) is contained in a container which is composed, in whole or in part, of any poisonous or
deleterious substance which may render the meat product injurious to health;
(j) has been intentionally subjected to radiation, unless the use of the radiation was in
conformity with a regulation or exemption in effect pursuant to Section 409 of the Federal Food,
Drug and Cosmetic Act;
(k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or if
damage or inferiority is concealed in any manner; or if any substance has been added, mixed, or
packed with the meat product to increase its bulk or weight, or reduce its quality or strength, or to
make it appear better or of greater value; or
(l) is margarine containing animal fat and any of the raw material used in the margarine
consists in whole or in part of any filthy, putrid, or decomposed substance.
(2) "Animal food manufacturer" means any person engaged in the business of preparing
animal food derived from livestock carcasses or parts or products of such carcasses.
(3) "Broker" means any person engaged in the business of buying or selling livestock or
livestock products on commission, or otherwise negotiating purchases or sales of livestock or
livestock products other than for such person's own account.
(4) "Capable of use as human food" means any livestock carcass, or part or product of a
carcass, unless it is denatured or otherwise identified as required by regulations of the department
to deter its use as human food, or unless it is naturally inedible by humans.
(5) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,

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wrapper, or cover.
(6) "Director of meat inspection" means a licensed graduate veterinarian whose duties and
responsibilities are specified by the commissioner.
(7) "Domesticated elk" shall have the meaning as defined in Section 4-39-102.
[(7)] (8) "Farm custom slaughter" means custom slaughtering of livestock or poultry for an
owner without inspection.
[(8)] (9) "Farm custom slaughter permit" means a permit issued by the department to allow
farm custom slaughter.
[(9)] (10) "Farm custom slaughter tag" means a tag which specifies the animal's
identification and certifies its ownership which is issued by the department through a brand inspector
to the owner of the animal before it is slaughtered.
[(10)] (11) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June
25, 1938 (52 Stat. 1040) (21 U.S.C. 301, et seq.), and any amendments to it.
[(11)] (12) "Federal Meat Inspection Act" means the act so entitled approved March 4, 1907
(34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584) (21 U.S.C. 601, et seq.); the
term "federal Poultry Products Inspection Act" means the act so entitled approved August 28, 1957
(71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791) (21 U.S.C. 451,
et seq.); and the term "federal acts" means these two federal acts.
[(12)] (13) "Immediate container" means any consumer package, or any other container in
which livestock products not consumer packaged, are packed.
[(13)] (14) "Inspector" means a licensed veterinarian or competent lay person working under
the supervision of a licensed graduate veterinarian.
[(14)] (15) "Label" means a display of printed, or graphic matter upon any livestock or
poultry product or the immediate container, [(]not including package liners[)], of any such product.
[(15)] (16) "Labeling" means all labels and other printed, or graphic matter:
(a) upon any livestock product or any of its containers or wrappers[,]; or
(b) accompanying a livestock product.
[(16)] (17) "Livestock" means any cattle, domesticated elk, sheep, swine, goats, horses,

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mules or other equines, whether living or dead.
[(17)] (18) "Livestock product" means any carcass, part of a carcass, meat, or meat food
product of any livestock.
[(18)] (19) "Meat food product" means any product capable of use as human food which is
made wholly or in part from any meat or other part of the carcass of any cattle, sheep, swine, or
goats, excepting products which contain meat or other parts of such carcasses in relatively small
proportion or which historically have not been considered by consumers as products of the meat food
industry, and which are exempted from definition as a meat food product by the commissioner. Meat
food product as applied to food products of equines shall have a meaning comparable to that
provided in this subsection with respect to cattle, sheep, swine, and goats.
[(19)] (20) "Misbranded" means any livestock product or poultry product which:
(a) bears a label that is false or misleading in any particular;
(b) is offered for sale under the name of another food;
(c) is an imitation of another food, unless the label bears, in type of uniform size and
prominence, the word "imitation" followed by the name of the food imitated;
(d) if its container is so made, formed, or filled as to be misleading;
(e) does not bear a label showing (i) the name and place of business of the manufacturer,
packer, or distributor and (ii) an accurate statement of the quantity of the product in terms of weight,
measure, or numerical count; provided, that under this Subsection (e), exemptions as to livestock
products not in containers may be established by regulations of the department and that under Clause
(ii) of this subsection, reasonable variations may be permitted, and exemptions for small packages
may be established for livestock or poultry products by regulation of the department;
(f) does not bear any word, statement, or other information required by or under authority
of this chapter to appear on the label or other labeling is not prominently placed with such
conspicuousness, [(]as compared with other words, statements, designs, or devices, in the labeling[)],
and in such terms as to render it likely to be read and understood by the ordinary individual under
customary conditions of purchase and use;
(g) is a food for which a definition and standard of identity or composition has been

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prescribed by regulations of the department under Section 4-32-7 if the food does not conform to
such definition and standard and the label does not bear the name of the food and any other
information that is required by the regulation;
(h) is a food for which a standard of fill has been prescribed by regulation of the department
for the container and the actual fill of the container falls below that prescribed unless its label bears,
in such manner and form as such regulations specify, a statement that it falls below such standard;
(i) is a food for which no standard or definition of identity has been prescribed under
Subsection (g) of this section unless its label bears (i) the common or usual name of the food, if any
there be, and (ii) in case it is fabricated from two or more ingredients, the common or usual name
of each such ingredient; except that spices, flavorings, and colorings may, when authorized by the
department, be designated as spices, flavorings, and colorings without naming each; provided, that
to the extent that compliance with the requirements of Clause (ii) of this Subsection (i) is
impracticable, or results in deception or unfair competition, exemptions shall be established by
regulation;
(j) is a food which purports to be or is represented to be for special dietary uses, unless its
label bears such information concerning its vitamin, mineral, and other dietary properties as the
department, after consultation with the Secretary of Agriculture of the United States, prescribes by
regulation as necessary to inform purchasers as to its value for such uses;
(k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative,
unless it bears labeling stating that fact; provided, that to the extent that compliance with the
requirements of this subsection are impracticable, exemptions shall be prescribed by regulations of
the department; or
(l) does not bear directly thereon and on its containers, as the department may prescribe by
regulation, the official inspection legend and establishment number of the official establishment
where the product was prepared, and, unrestricted by any of the foregoing, such other information
as the department may require by regulations to assure that it will not have false or misleading
labeling and that the public will be informed of the manner of handling required to maintain it in a
wholesome condition.

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[(20)] (21) "Official certificate" means any certificate prescribed by regulations of the
department for issuance by an inspector or other person performing official functions under this
chapter.
[(21)] (22) "Official device" means any device prescribed or authorized by the commissioner
for use in applying any official mark.
[(22)] (23) "Official establishment" means any establishment at which inspection of the
slaughter of livestock or the preparation of livestock products is maintained under the authority of
this chapter.
[(23)] (24) "Official inspection legend" means any symbol prescribed by regulations of the
department showing that a livestock product was inspected and passed in accordance with this
chapter.
[(24)] (25) "Official mark" means the official legend or any other symbol prescribed by
regulations of the department to identify the status of any livestock or livestock product under this
chapter.
[(25)] (26) "Permittee" means a person who holds a valid farm custom slaughter permit.
[(26)] (27) "Pesticide chemical," "food additive," "color additive," and "raw agricultural
commodity," have the same meanings for purposes of this chapter as ascribed to them in the Federal
Food, Drug and Cosmetic Act.
[(27)] (28) "Poultry" means any domesticated bird, whether living or dead.
[(28)] (29) "Poultry product" means any product capable of use as human food which is
made wholly or in part from any poultry carcass, excepting products which contain poultry
ingredients in relatively small proportion or which historically have not been considered by
consumers as products of the poultry food industry, and which are exempted from definition as a
poultry product by the commissioner.
[(29)] (30) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up,
or otherwise manufactured or processed.
[(30)] (31) "Renderer" means any person engaged in the business of rendering livestock
carcasses, or parts or products of such carcasses, except rendering conducted under inspection or

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exemption under this chapter.
[(31)] (32) "Slaughter" means the killing of livestock or poultry in a humane manner
including skinning, dressing, or the process of performing any of the specified acts in preparing
livestock or poultry for human consumption.
[(32)] (33) "Slaughterhouse" or "custom slaughterhouse" means any building, plant, or
establishment used for the purpose of killing, dressing, or processing, whether such dressing or
processing is in conjunction with a killing operation or is a separate business, livestock or livestock
products or poultry or poultry products offered for sale or to be used for human consumption.
[(33)] (34) "Slaughtering of livestock or poultry as a business" means the slaughtering of
livestock or poultry for the owner or caretaker of the livestock or poultry by a person who is not a
full-time employee of the owner or caretaker of such livestock or poultry.
Section 14. Section 4-32-4 is amended to read:
4-32-4. License required to operate slaughterhouse -- Slaughtering livestock except in
slaughterhouse prohibited -- Exceptions -- Violation a misdemeanor.
(1) No person shall operate a slaughterhouse in this state without a license issued by the
department, nor shall any person, except in a licensed slaughterhouse, slaughter livestock as a
business or assist other persons in the slaughter of livestock except as otherwise provided in
Subsection (2) or (3).
(2) [A] Except as provided in Subsection (3), a person who raises his own livestock or an
employee of [such] that person may slaughter livestock without a farm custom slaughter permit if:
(a) the livestock is slaughtered on property owned by [such] that person;
(b) the livestock product derived from the slaughtered animal is consumed exclusively by
[such] that person or his immediate family, regular employees of [such] that person, or nonpaying
guests; and
(c) the livestock product is marked "Not For Sale."
(3) Domesticated elk may only be slaughtered as provided in this chapter and in Chapter 39
of this title.
[(3)] (4) Farm custom slaughter may be performed by a person who holds a valid farm

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custom slaughter permit.
[(4)] (5) Any person who violates this section, except as otherwise provided in Subsection
(5), is guilty of a class C misdemeanor.
[(5)] (6) Any person who offers for sale or sells any uninspected livestock product is guilty
of a class B misdemeanor.
Section 15. Section 4-32-4 is amended to read:
4-32-7. Mandatory functions, powers, and duties of department prescribed.
The department shall make rules pursuant to Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, regarding the following functions, powers, and duties, in addition to those specified
in Title 4, Chapter 1, [General Provisions] Utah Agricultural Code, for the administration and
enforcement of this chapter:
(1) The department shall require antemortem and postmortem inspections, quarantine,
segregation, and reinspections by inspectors appointed for those purposes with respect to the
slaughter of livestock and poultry and the preparation of livestock and poultry products at official
establishments, except as provided in Subsection 4-32-8(13).
(2) The department shall require that:
(a) livestock and poultry be identified for inspection purposes;
(b) livestock or poultry products, or their containers be marked or labeled as:
(i) "Utah Inspected and Passed" if, upon inspection, the products are found to be
unadulterated; and
(ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be
adulterated; and
(c) condemned products, which otherwise would be used for human consumption, be
destroyed under the supervision of an inspector.
(3) The department shall prohibit or limit livestock products, poultry products, or other
materials not prepared under inspection procedures provided in this chapter, from being brought into
official establishments.
(4) The department shall require that labels and containers for livestock and poultry

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products:
(a) bear all information required under [Subsection] Section 4-32-3[(19)] if the product
leaves the official establishment; and
(b) be approved prior to sale or transportation.
(5) For official establishments required to be inspected under Subsection (1), the department
shall:
(a) prescribe sanitary standards;
(b) require experts in sanitation or other competent investigators to investigate sanitary
conditions; and
(c) refuse to provide inspection service if the sanitary conditions allow adulteration of any
livestock or poultry product.
(6) (a) The department shall require that any person engaged in a business referred to in
Subsection (b) shall:
(i) keep accurate records disclosing all pertinent business transactions;
(ii) allow inspection of the business premises at reasonable times and examination of
inventory, records, and facilities; and
(iii) allow inventory samples to be taken after payment of their fair market value.
(b) Subsection (a) shall refer to any person who:
(i) slaughters livestock or poultry;
(ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any livestock or
poultry products for human or animal consumption;
(iii) renders livestock or poultry; or
(iv) buys, sells, or transports any dead, dying, disabled, or diseased livestock or poultry, or
parts of their carcasses that died by a method other than slaughter.
(7) (a) The department shall:
(i) adopt by reference rules and regulations under federal acts with changes that the
commissioner considers appropriate to make the rules and regulations applicable to operations and
transactions subject to this chapter; and

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(ii) promulgate any other rules considered necessary for the efficient execution of the
provisions of this chapter, including rules of practice providing an opportunity for hearing in
connection with the issuance of orders under Subsection [4-32-7](5) or under Subsection 4-32-8(1),
(2), or (3) and prescribing procedures for proceedings in these cases.
(b) These procedures shall not preclude requiring that a label or container be withheld from
use, or inspection be refused under Subsections (1) and (5), or Subsection 4-32-8(3), pending
issuance of a final order in the proceeding.
(8) (a) To prevent the inhumane slaughtering of livestock and poultry, inspectors shall be
appointed to examine and inspect methods of handling and slaughtering livestock and poultry.
(b) Inspection of new slaughtering establishments may be refused or temporarily suspended
if livestock or poultry have been slaughtered or handled by any method not in accordance with the
Humane Methods of Slaughter Act of 1978, Public Law 95-445.
(9) (a) The department shall require all livestock and poultry showing symptoms of disease
during antemortem inspection, performed by an inspector appointed for that purpose, to be set apart
and slaughtered separately from other livestock and poultry.
(b) When slaughtered, the carcasses of livestock and poultry shall be subject to careful
examination and inspection in accordance with rules prescribed by the commissioner.
Section 16. Section 4-39-101 is enacted to read:
CHAPTER 39. DOMESTICATED ELK ACT
Part 1. General Provisions
4-39-101. Title.
This chapter is known as the "Domesticated Elk Act."
Section 17. Section 4-39-102 is enacted to read:
4-39-102. Definitions.
As used in this chapter:
(1) "Domesticated elk" means elk of the genus and species cervus elaphus, held in captivity
and domestically raised for commercial purposes.
(2) "Domesticated elk facility" means a facility where domesticated elk are raised.

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(3) "Domesticated elk product" means any carcass, part of a carcass, hide, meat, meat food
product, antlers, or any part of a domesticated elk.
Section 18. Section 4-39-103 is enacted to read:
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 Title 4, Chapter 31,
Livestock Inspection and Quarantine.
Section 19. Section 4-39-104 is enacted to read:
4-39-104. Advisory council.
(1) The department shall establish an advisory council to give advice and make
recommendations on policies and rules adopted pursuant to this chapter.
(2) The advisory council shall consist of eight members appointed by the commissioner of
agriculture to four-year terms as follows:
(a) two members, recommended by the executive director of the Department of Natural
Resources, shall represent the Department of Natural Resources;
(b) two members shall represent the Department of Agriculture, one of whom shall be the
state veterinarian;
(c) two members shall represent the livestock industry, one of whom shall represent the
domesticated elk industry; and
(d) two members, 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

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wildlife interests.
(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) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the department at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 20. Section 4-39-105 is enacted to read:
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:
(a) acquire, import, or possess domesticated elk intended for use in a domesticated elk
facility;
(b) transport domesticated elk to or from a domesticated elk facility;
(c) propagate domesticated elk in a domesticated elk facility; or
(d) harvest, transfer, possess, or sell domesticated elk or domesticated elk products from a

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domesticated elk facility.
(2) Hunting of domesticated elk is prohibited.
(3) Releasing domesticated elk into the wild is prohibited.
Section 21. Section 4-39-106 is enacted to read:
4-39-106. Department to make rules.
(1) The department shall make rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, after considering the recommendations of the advisory council:
(a) specifying procedures for the application and renewal of licenses for operating a
domesticated elk facility;
(b) governing the disposal or removal of domesticated elk from a domesticated elk facility
for which the license has lapsed or been revoked;
(c) setting standards and requirements for operating a domesticated elk facility; and
(d) setting health requirements and standards for health inspections.
(2) The department may make other rules consistent with its responsibilities set forth in
Section 4-39-103.
Section 22. Section 4-39-107 is enacted to read:
4-39-107. Powers of state veterinarian.
The state veterinarian shall:
(1) set up periodic or ongoing surveillance programs considered necessary for:
(a) the recognition, control, monitoring, and elimination of infectious diseases and parasites;
and
(b) monitoring genetic purity; and
(2) quarantine or make any disposition of diseased animals that he or she considers necessary
for the control or eradication of that disease.
Section 23. Section 4-39-108 is enacted to read:
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 4-24-24.

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Section 24. Section 4-39-201 is enacted to read:
Part 2. Domesticated Elk Facilities and Licenses
4-39-201. Fencing, posts, and gates.
(1) Each domesticated elk facility shall, at a minimum, meet the requirements of this section
and shall be constructed to prevent the movement of domesticated elk into or out of the facility.
(2) (a) All perimeter fences and gates shall be:
(i) a minimum of eight feet above ground level; and
(ii) constructed of hi-tensile steel.
(b) At least the bottom four feet must be mesh with a maximum mesh size of 6" x 6".
(c) 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 domesticated elk handling facilities shall be
locked, with consecutive or self-closing gates when animals are present.
(5) Posts shall be:
(a) (i) constructed of treated wood which is at least four inches in diameter; or
(ii) constructed of a material with the strength equivalent of Subsection (5)(a)(i);
(b) spaced no more than 30 feet apart if one stay is used, or 20 feet apart if no stays are used;
and
(c) at least eight feet above ground level and two feet below ground level.
(6) Stays, between the posts, shall be:
(a) constructed of treated wood or steel;
(b) spaced no more than 15 feet from any post; and
(c) at 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.
Section 25. Section 4-39-202 is enacted to read:
4-39-202. General facility requirements.
(1) (a) Internal handling facilities shall be capable of humanely restraining an individual
animal and to facilitate:

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(i) the application or reading of any animal identification;
(ii) the taking of blood or tissue samples; and
(iii) any other required or necessary testing procedure.
(b) A domesticated elk facility shall be properly constructed to protect inspection personnel
while they 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.
Section 26. Section 4-39-203 is enacted to read:
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) (a) Each application for a license to operate a domesticated elk facility shall be
accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section 63-38-3.2.
(3) Each 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) (a) No license shall be issued until the department has inspected and approved the
facility.
(b) The department shall:
(i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled inspection
so that a Division of Wildlife Resources representative may be present at the inspection; and
(ii) provide 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) (a) 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.

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(b) The department shall require that a separate fee be paid for each business name listed.
(c) If a domesticated elk facility operates under more than one business name from a single
location, the facility shall maintain separate records.
(7) Each person or business entity with an equity interest in the domesticated elk shall be
listed on the application for license.
(8) Each domesticated elk facility license shall expire on July 1 in the year following the
year of issuance.
(9) Each 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) Licenses issued pursuant to this section are not transferable.
Section 27. Section 4-39-204 is enacted to read:
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.
Section 28. Section 4-39-205 is enacted to read:
4-39-205. License renewal.
(1) To renew a license, the licensee must submit to the department:
(a) an inspection certificate showing that:
(i) the domesticated elk, on the domesticated elk facility, have been inspected and certified
by the department for health, proof of ownership, and genetic purity; and
(ii) the facility has been properly maintained as provided in this chapter during the
immediately preceding 60-day period; and
(b) a record of each purchase of domesticated elk and transfer of domesticated elk into the
facility, which must include the following information:
(i) name, address, and health approval number of the source;
(ii) date of transaction; and
(iii) number and sex.

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(2) (a) If the application for renewal is not received on or before April 30, a late fee will be
charged.
(b) A license may not be renewed until the fee is paid.
(3) If the application and fee for renewal are not received on or before July 1, the license
may not be renewed, and a new license shall be required.
Section 29. Section 4-39-206 is enacted to read:
4-39-206. Records to be maintained.
(1) The following records and information must be maintained by a domesticated elk facility
for a period of five years:
(a) records of purchase, acquisition, distribution, and production histories of domesticated
elk;
(b) records documenting antler harvesting, production, and distribution; and
(c) health certificates and genetic purity records.
(2) For purposes of carrying out the provisions of this chapter and rules promulgated under
this chapter and, 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.
Section 30. Section 4-39-207 is enacted to read:
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 promulgated under
this chapter and, 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.
Section 31. Section 4-39-301 is enacted to read:

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Part 3. Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk
4-39-301. Genetic purity requirements -- Proof of source.
As part of any inspection for licensing or renewing the license of a domesticated elk facility,
or for the importation, transportation, or change of ownership of any domesticated elk, the
department shall require:
(1) proof of genetic testing to ensure the purity of the domesticated elk herds and prevent
the introduction of red deer or hybrid nonnative species into domesticated elk herds in Utah by
showing evidence of the purity of live animals, gametes, eggs, sperm, or other genetic material; and
(2) proof that the domesticated elk originates from a legal source as provided in Section
4-39-302.
Section 32. Section 4-39-302 is enacted to read:
4-39-302. Acquisition of domesticated elk for use in domesticated elk facilities.
Domesticated elk intended for use in domesticated elk facilities must meet all health and
genetic requirements of this chapter.
Section 33. Section 4-39-303 is enacted to read:
4-39-303. Importation of domesticated elk.
(1) A person may not import domesticated elk into the state for use in domesticated elk
facilities without first obtaining:
(a) an entry permit from the state veterinarian's office; and
(b) a domesticated elk facility license from the department.
(2) The entry permit shall include the following information and certificates:
(a) a health certificate with an indication of the current health status;
(b) proof of genetic purity as required in Section 4-39-301;
(c) the name and address of the consignor and consignee;
(d) proof that the elk are tuberculosis and brucellosis free;
(e) the origin of shipment;
(f) the final destination;
(g) the total number of animals in the shipment; and

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(h) any other information required by the state veterinarian's office or the department.
(3) No domesticated elk will be allowed into the state that originates east of the 100 degree
meridian, to prevent introduction of the meningeal worm.
Section 34. Section 4-39-304 is enacted to read:
4-39-304. Marking domesticated elk.
(1) Each domesticated elk, not previously tattooed, must be marked by either a tattoo, as
provided in Subsection (2), or by a microchip, as provided in Subsection (3):
(a) within 30 days of a change of ownership; or
(b) in the case of newborn calves, within 15 days after being weaned, but in any case, no
later than September 15.
(2) If a domesticated elk is identified with a tattoo, the tattoo shall:
(a) be placed peri-anally or inside the right ear; and
(b) consist of a four-digit herd number assigned by the department over a three-digit
individual animal number assigned by the owner.
(3) If a domesticated elk is identified with a microchip, it must be placed in the right ear.
Section 35. Section 4-39-305 is enacted to read:
4-39-305. Transportation of domesticated elk to or from domesticated elk facilities.
Any domesticated elk transferred to or from a domesticated elk facility within the state must
be:
(1) accompanied by a brand inspection certificate specifying the following:
(a) the name, address, and facility license number of the source;
(b) number, sex, and individual identification number; and
(c) name, address, and facility license number of the destination;
(2) accompanied by proof of genetic purity as provided in Section 4-39-301; and
(3) inspected by the department as provided in Section 4-39-306.
Section 36. Section 4-39-306 is enacted to read:
4-39-306. Inspection prior to movement, sale, removal of antlers, or slaughter.
(1) Each domesticated elk facility licensee shall have the domesticated elk inspected by the

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department prior to any transportation, sale, removal of antlers, or slaughter.
(2) Any person transporting or possessing domesticated elk or domesticated elk products
must have the appropriate brand inspection certificate in his or her possession.
Section 37. Section 4-39-307 is enacted to read:
4-39-307. Inspections -- Qualifications of inspectors.
Health certification shall be based upon inspections carried out in accordance with standards
specified by the department.
Section 38. Section 4-39-401 is enacted to read:
Part 4. Escape of Domesticated Elk - Removal of Wild Elk - Liability
4-39-401. Escape of domesticated elk -- Liability.
(1) It is the owner's responsibility to try to capture any domesticated elk that may have
escaped.
(2) The escape of a domesticated elk shall be reported immediately to the state veterinarian
or a brand inspector of the Department of Agriculture who shall notify the Division of Wildlife
Resources.
(3) If the domesticated elk is not recovered within 72 hours of the escape, the Department
of Agriculture, 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
that may be incurred in the recapture or destruction of the animal.
(5) Any escaped domesticated elk taken by a licensed hunter in a manner which complies
with the provisions of Title 23 and the rules of the Wildlife Board shall be considered to be 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 to contain 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.
Section 39. Section 4-39-402 is enacted to read:

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4-39-402. Removal of wild elk -- Liability.
(1) Upon discovery of wild elk in a domesticated elk facility, the licensee shall immediately
notify the Division of Wildlife Resources who shall remove the wild elk.
(2) The state or a state agency is not liable for disease or genetic purity problems of
domesticated elk which may be attributed to wild elk.
Section 40. Section 4-39-501 is enacted to read:
Part 5. 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.
Section 41. Section 4-39-502 is enacted to read:
4-39-502. Adjudicative proceedings.
Adjudicative proceedings under this chapter shall be conducted in accordance with Title 63,
Chapter 46b, Administrative Procedures Act.
Section 42. Effective date.
This act takes effect on July 1, 1997.

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