R58. Agriculture and Food, Animal Industry.
R58-26. Custom Exempt Slaughter Verification of Ownership.
R58-26-1. Authority and Purpose.
This rule is required by Section 4-24-304(2)(b) that allows the department to authorize a custom exempt slaughter facility or farm custom slaughter licensee to verify ownership of cattle, calves, horses, or mules before slaughter for the owner's use. Verification of ownership under this rule may be in addition to or equivalent to the brand inspection required in Section 4-24-304(1).
R58-26-2. Definitions.
1) "Amenable species" means livestock, including cattle, sheep, goats, swine, or equine.
2) "Department" means the Utah Department of Agriculture and Food.
3) "Custom exempt slaughter" means:
a) slaughtering an amenable species or nonamenable species as a service for the person who owns the amenable species or nonamenable species and uses the slaughtered amenable species or slaughtered nonamenable species for the person's own consumption, including consumption by immediate family members and nonpaying guests; or
b) the slaughter of a nonamenable species intended for wholesale or retail sale.
c) "Custom exempt slaughter" includes farm custom slaughter.
R58-26-3. Permit to Verify Ownership Created.
1) Pursuant to Section 4-24-304(2), a custom exempt slaughter facility licensed under R58-13 or farm custom slaughter licensee licensed under R58-11-3 is eligible to receive a permit from the department to verify ownership of livestock.
2) A permit exempts a facility or licensee from requiring a certificate of brand inspection prior to slaughter, provided they follow the requirements of this rule.
R58-26-4. Permit Requirements.
1) To obtain a permit to verify ownership of livestock, an eligible farm custom slaughter licensee or custom exempt slaughter facility shall:
a) possess a valid license pursuant to R58-11-3 or R58-13 in good standing with the department;
b) attend annual training arranged by the department to be educated on the areas of compliance required under the permit;
c) sign an acknowledgement agreeing to abide by state law and this rule; and
d) pay a fee to the department, as set forth in the fee schedule approved by the legislature.
2) A permittee subject to this rule shall:
a) comply with all state laws and rules pertaining to the operation of a farm custom slaughter permit;
b) verify ownership of an animal for farm custom slaughter purposes only;
c) collect the following fees:
i) a minimum cattle inspection certificate fee per owner or producer;
ii) a fee per head for beef promotion;
iii) a fee per head for predator control; and
iv) a fee per farm custom slaughter "Not for Sale" tag;
d) remit all fees collected to the department monthly by the tenth day of the month;
e) complete a farm custom slaughter report that includes the following information:
i) the owner's contact information, including name, address, and phone number;
ii) the number of cattle slaughtered;
iii) the number of inspection certificates and "Not for Sale" tag numbers issued; and
iv) each fee collected; and
f) submit the report, along with the original copy of each inspection certificate issued and "Not for Sale" tag receipt, to the department by the tenth day of each month.
3) For the purpose of this rule, a document or fee is remitted or submitted to the department by the tenth day of the month if it is physically received in the office of the department by the tenth day of each month.
4) A permittee that follows the requirements of Subsection 58-26-4(2) shall be designated by the department as an official agent to verify ownership of the animal for farm custom slaughter purposes only.
R58-26-5. Audit and Retention of Records.
1) A permittee subject to this rule shall agree to retain each record pertaining to their permit and verification of ownership of cattle for a period of three years.
2) Retained records shall include the farm custom slaughter report and associated documentation.
3) Each record shall be made available for review and audit by the department on a quarterly basis, or more frequently if needed.
R58-26-6. Permit Term.
1) The term for a permit under this rule shall be from January 1 through December 31.
2) The permit shall expire unless it is renewed prior to December 31 of each year.
3) Permit renewal shall require that the permittee:
a) remain eligible to receive an ownership verification permit and have a valid license pursuant to R58-11(1) or R58-13;
b) is in good standing with the department;
c) attend annual training arranged by the department, pursuant to R58-26-4(1)(b);
d) sign an acknowledgement agreeing to abide by program rules; and
e) pay a renewal fee, as outlined in the fee schedule approved by the legislature.
R58-26-7. Verification of Ownership.
1) A permittee shall verify the ownership of an animal prior to slaughter.
2) Prior to slaughter the permittee shall ensure:
