H.B. 183

1

NATIONAL ANIMAL IDENTIFICATION
2 SYSTEM
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Melvin R. Brown
6 Senate Sponsor: Kevin T. Van Tassell
7
8 LONG TITLE
9 General Description:
10 This bill enacts a provision relating to the Utah Department of Agriculture and Food's
11 participation in a national animal identification system.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . authorizes the department to participate in a national animal identification system;
16 . prohibits the department or a political subdivision from requiring a person to
17 participate in a national animal identification system;
18 . authorizes the department to adopt rules;
19 . authorizes a person to withdraw from a national animal identification system; and
20 . provides a severability clause.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 4-31-22, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 4-31-22 is enacted to read:
31 4-31-22. National animal identification system.
32 (1) As used in this section, "national animal identification system" means a voluntary
33 system organized by the United States Department of Agriculture to collect information
34 regarding premises registration, animal identification, and animal movement.
35 (2) The department may participate in a national animal identification system.
36 (3) The department may not:
37 (a) require a person to participate in:
38 (i) the national animal identification system; or
39 (ii) a system that requires livestock premise registration, identification, or tracking;
40 (b) withhold indemnity based solely on nonparticipation in the national animal
41 identification system; or
42 (c) deny, revoke, or limit a service, license, permit, grant, or other benefit to a person
43 who does not participate in the national animal identification system.
44 (4) The section does not prohibit the department from:
45 (a) establishing or participating in a disease control program specifically designed to
46 address a known disease in a specific species of livestock; and
47 (b) operating livestock identification, brand registration, or inspection programs as
48 authorized by this title.
49 (5) A political subdivision may not require participation in the national animal
50 identification system or any other similar system that regulates livestock or poultry, including
51 premise registration, animal identification, or the tracking or surveillance of livestock or
52 poultry.
53 (6) (a) A person who participates in a national animal identification system may
54 withdraw from participation at any time.
55 (b) When a person withdraws from the national animal identification system, except as
56 provided by Subsection (6)(c), the department shall:
57 (i) delete all information submitted by the person; and
58 (ii) notify any entity with whom the department has shared the information of the

59 withdrawal and request the entity delete the information.
60 (c) The department is not required to delete information if a person is part of an
61 ongoing disease investigation, monitoring, or control program for which the department has
62 responsibility.
63 (7) By following the procedures and requirements of Title 63G, Chapter 3, Utah
64 Administrative Rulemaking Act, the department may adopt a rule:
65 (a) establishing a procedure by which a person may withdraw from the national animal
66 identification system; and
67 (b) if the national animal identification is required by federal law, that is:
68 (i) necessary to implement federal law; and
69 (ii) no more stringent than federal law.
70 (8) (a) If any provision of this section, or the application of any provision to any person
71 or circumstance is held invalid, the remainder of this section shall be given effect without the
72 invalid provision or application.
73 (b) The provisions of this provision are severable.




Legislative Review Note
as of 2-18-09 2:46 PM

Office of Legislative Research and General Counsel