4-31-22 - National animal identification system.
4-31-22. National animal identification system.
(1) As used in this section, "national animal identification system" means a voluntarysystem organized by the United States Department of Agriculture to collect informationregarding premises registration, animal identification, and animal movement.
(2) The department may participate in a national animal identification system.
(3) The department may not:
(a) require a person to participate in the national animal identification system thatrequires livestock premise registration, identification, or tracking;
(b) withhold indemnity based solely on nonparticipation in the national animalidentification system; or
(c) deny, revoke, or limit a service, license, permit, grant, or other benefit to a personwho does not participate in the national animal identification system.
(4) This section does not prohibit the department from:
(a) establishing or participating in a disease control program specifically designed toaddress a known disease in a specific species of livestock; and
(b) operating livestock identification, brand registration, or inspection programs asauthorized by this title.
(5) A political subdivision may not require participation in the national animalidentification system that regulates livestock or poultry, including premise registration, animalidentification, or the tracking or surveillance of livestock or poultry.
(6) (a) A person who participates in a national animal identification system maywithdraw from participation at any time.
(b) When a person withdraws from the national animal identification system, except asprovided by Subsection (6)(c), the department shall:
(i) delete all information submitted by the person; and
(ii) notify any entity with whom the department has shared the information of thewithdrawal and request the entity delete the information.
(c) The department is not required to delete information if a person is part of an ongoingdisease investigation, monitoring, or control program for which the department hasresponsibility.
(7) By following the procedures and requirements of Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, the department may adopt a rule:
(a) establishing a procedure by which a person may withdraw from the national animalidentification system; and
(b) if the national animal identification is required by federal law, that is:
(i) necessary to implement federal law; and
(ii) no more stringent than federal law.
(8) (a) If any provision of this section, or the application of any provision to any personor circumstance is held invalid, the remainder of this section shall be given effect without theinvalid provision or application.
(b) The provisions of this provision are severable.
Enacted by Chapter 172, 2009 General Session