Wyo. Code R. 051 | Wyoming Administrative Rules 051 — Livestock Board

201 General Agency, Board or Commission Rules

Chapter 1 Livestock Markets, Temporary and Restricted Livestock Sales, Registration of Livestock Dealers and Registration of Internet and Video Livestock Sales

Wyo. Code R. 051.0001.1.01112008 Livestock Markets, Temporary and Restricted Livestock Sales, Registration of Livestock Dealers and Registration of Internet and Video Livestock Sales

Wyoming Livestock Board Rules Governing Livestock Markets, Temporary and Restricted Livestock Sales, Registration of Livestock Dealers and Registration of Internet and Video Livestock Sales

CHAPTER 1

Section 1. Authority to Create Rules.

(a) Pursuant to the authority vested in the Agency by virtue of W.S. '11-22-101(a), and W.S. §11-22-102, the following rules are hereby promulgated.

Section 2. Purpose of Rules.

(a) These rules are adopted for the purpose of securing uniform Brand, ownership, and health inspection of Livestock sold through a Livestock Market and to ensure compliance with intrastate and interstate Livestock health requirements and animal welfare statutes.

Section 3. Definitions used in Rules.

(a) The following definitions are applicable for these rules.

(i) "Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service in the state where he or she practices.

(ii) "Agency" means the Wyoming Livestock Board, state agency 051, 2020 Carey Avenue, 4th Floor, Cheyenne WY 82002-0051, (307) 777-7515.

(iii) "Alley" means those common areas of a Livestock Market where animals traverse from a loading chute to a Pen, or from a Pen to another Pen or from a Pen to the Sale Ring and back to Pen or loading chute.

(iv) "Authorized Livestock Market Veterinarian" means an individual who is licensed to practice veterinary medicine in Wyoming, is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service and is authorized by the Agency to perform prescribed and required duties at and for the Livestock Market. This individual is hired and compensated by the Livestock Market with the approval of the Wyoming State Veterinarian, the Agency and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Area Veterinarian in Charge for Wyoming.

(v) "Biosecurity" means the measures taken to prevent disease agents from spreading to or from animal populations or premises where animals are confined.

(vi) "Bovine" means a ruminant mammal of the genus Bos and crossbred Bovine/Hybrid Animals regardless of age or gender.

(vii) "Brand" means a brand, mark or other Agency approved means of identification including any electronic device used for Bovine, Equine or Ovine identification as defined by W.S. §11-20-101 (viii).

(viii) "Brand Inspector" means an employee of the Agency who determines the ownership of Bovine, Equine or Ovine by physical inspection of the animal for Brands, other identifiable characteristics and by examination of proof of ownership documents.

(ix) "Brand Inspector Bill of Sale" means a form or certificate created and issued by the Agency to Brand Inspectors for the purposes of replacing a Livestock bill of sale originally given from one party to another that documents the change of ownership of Bovine, Equine or Ovine.

(x) "Brand Inspection Form" means an official form issued by the Agency used to transfer title of Bovine, Equine or Ovine or an official form issued by an agency in the state of origin that is responsible for Animal identification listing all of the identification marks of a specific animal.

(xi) "Brand Inspection Form G" means an official form used to document the movement of Bovine, Equine or Ovine intrastate to a Wyoming Livestock Market and for the movement of Bovine or Equine interstate to Livestock Markets in St. Onge and Belle Fourche, South Dakota.

(xii) "Brand Inspector Tally" means an official form issued by the Agency used to record the sale of Bovine, Equine or Ovine at a Livestock Market.

(xiii) "Brand Inspection Yard Book" means a book or electronic data base recording the arrival and dispersal of Livestock kept by the Brand Inspectors at a Livestock Market.

(xiv) "Brucellosis Quarantine Eligible" means sexually intact Bovine heifers under twelve (12) months of age to be vaccinated for Brucellosis pursuant to Agency Chapter 2 Rules or imported heifers to be spayed pursuant to Agency Chapter 2 Rules.

(xv) "Certificate of Veterinary Health Inspection" means an official form documenting the health status of an animal contingent on visual inspection by an Accredited Veterinarian. A Certificate of Veterinary Health Inspection is valid for thirty (30) days after issuance.

(xvi) "CFR" means the Code of Federal Regulations.

(xvii) "Commingle" means combining or mixing animals belonging to different owners.

(xviii) "Commission Basis" means receiving remuneration from the buyer, the seller, or the proceeds of the transaction beyond reimbursement for actual costs incurred and with the expectation of deriving a profit there from.

(xvix) "Consignment Ticket" means a multi part form created and supplied by Livestock Market Management that must be filled out for each Consignor's consignment. One part of the form must be placed on the Alley side Pen gate where the consignment of animals is confined at the Livestock Market. The Consignment Ticket must contain the Consignor's name, address, species and gender of Livestock.

(xx) "Consignor" means any person who consigns, ships, or delivers Livestock to a Livestock Market for storage, handling, or sale.

(xxi) "Direct Movement" means movement in which the animals are not unloaded en route to their final destination and not Commingled with another producer's animals.

(xxii) "Equine" means a herbivorous mammal that for the purposes of these rules means asses, horses and mules.

(xxiii) "Farm or Ranch of Origin" means the farm or ranch on which Livestock, owned by one person or entity, have resided immediately prior to being consigned to a Livestock Market.

(xxiv) "Hybrid Animal" means an animal produced by crossing species or subspecies of animals.

(xxv) "Immediate Rendering" means the processing of an animal carcass within three (3) working days at a Recognized Rendering Establishment.

(xxvi) "Immediate Slaughter" means the slaughter of an animal within three (3) working days at a Recognized Slaughter Establishment.

(xxvii) "Internet and Video Livestock Sales" means any form of internet or video livestock marketing where Consignors and buyers interact with the expressed purpose of changing ownership of livestock.

(xxviii) "Intrastate Quarantine" means an official document issued by the Agency on Wyoming origin animals that restricts the movement of specified animals and sets forth requirements regarding testing, containment or dispersal of the specified animals.

(xxix) "Livestock" means any Bison, Bovine, Caprine, Equine, Ovine or Porcine.

(xxx) "Livestock Dealer" means a person engaged in the business of buying or selling livestock in commerce, either for his own account or as an employee or agent of the seller or buyer; or any person engaged in the regular business of buying or selling livestock in commerce on a Commission Basis. Livestock Dealer does not include any person who buys or sells livestock as part of his own bona fide breeding, feeding, showing, dairy, meat, or wool production operation; any person who takes a security interest, including liquidation of that interest, in livestock in the ordinary course of his business; or any person who buys occasionally but not as a part of his regular business.

(xxxi) "Livestock Market" means a place operated for profit as a public market place consisting of pens or enclosures and their appurtenances, in which Livestock are received, held for sale, sold or offered for sale at either public auction or private sale, except that this definition does not apply to:

A. Any place used solely for a dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing business; or

B. Any place where an association of breeders of livestock assembles, offers for sale and sells under its own management registered livestock or breeding sires, if the association assumes all responsibility of the sale and guarantees title to the livestock and arranges for the proper inspection of all animals sold.

(xxxii) "Livestock Market Management" means any owner, manager or employee of the Livestock Market who is responsible in any manner for its operation.

(xxxiii) "Non-Ambulatory Animal" means an animal that is incapable of standing and moving on its own.

(xxxiv) "Overflow Pen" means those Pens which are not normally used to hold Livestock prior to a sale. Overflow Pens may not constitute over 25% of the Livestock Market's Pens.

(xxxv) "Ovine" means a ruminant mammal of the genus Ovis.

(xxxvi) "Pen" means those common areas of a Livestock Market where Livestock is confined prior to and after being offered for sale.

(xxxvii) "Porcine" means an omnivorous mammal of the genus Suis.

(xxxviii) "Quarantine" means an official document issued by the Agency that restricts the movement of specified animals and sets forth requirements regarding testing, import, containment or dispersal of the specified animals.

(xxxix) "Quarantine Pen" means a Pen located in an area of the Livestock Market that prohibits Commingling of Livestock and approved by a State or Federal Representative where diseased or suspected diseased Livestock must be isolated. A Quarantine Pen will be marked with a white metal sign bearing the words Quarantine Pen in six (6) inch black lettering. The flooring of a Quarantine Pen must be constructed of an impervious surface.

(xl) "Recognized Rendering Facility" means any rendering facility approved by the Agency where animal by products are processed.

(xli) "Recognized Slaughter Establishment" means any slaughter establishment operating under the provision of the Federal Meat Inspection Act of 1906, and as amended, or the Wyoming Food Safety Rule of 2000, and as amended. These documents are available to the public at the office of the Agency.

(xlii) "Reportable Disease" means a disease required by state statute or Agency rule and those diseases contained on List A and List B of the Office International Des Epizooties to be reported to the Wyoming State Veterinarian and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(xliii) "Sale Ring" means that area where Livestock are displayed in a Livestock Market where the public may bid with the intention of purchasing the Livestock.

(xliv) "State or Federal Representative" means the Wyoming State Veterinarian or his designee or the United States Department of Agriculture, Animal and Plant Health Inspection Service, Area Veterinarian in Charge for Wyoming or Veterinary Medical Officer.

(xlv) "Temporary and Restricted Livestock Sales License" means a document created and issued by the Agency that allows the applicant to offer Livestock for sale under specific guidelines and for a specific amount of time.

(xlvi) "Trichomoniasis Quarantine Eligible" means a sexually intact male Bovine to be tested for Trichomoniasis pursuant to Agency Chapter 15 Rules.

(xlvii) "USDA/APHIS/VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(xlviii) "USDA/GIPSA" means the United States Department of Agriculture, Grain Inspection, Packers and Stockyards Administration.

(xlix) "VS Form 1-27" means an official restricted movement document created and supplied by the USDA/APHIS/VS and issued by an Accredited Veterinarian or the Authorized Livestock Market Veterinarian.

Section 4. Penalty for a Violation of Rules.

(a) Penalties for a violation of these rules will be pursuant to law.

Section 5. Adoption of Federal Regulations.

(a) Pursuant to W.S. §16-3-103, the Code of Federal Regulations as published January 1, 2002, 9CFR71.20 (Approval of Livestock Facilities); 9CFR71.3 (Interstate Movement of diseased Animals); 9CFR77 (Tuberculosis); 9CFR85 (Pseudorabies); 9CFR89 (Twenty-Eight Hour Law); 9CFR93 (Importation of Animals); 9CFR201 (Regulations Under the Packers and Stockyards Act) ; 9CFR 202 (Rules of Practice); 9CFR203 (Statements of General Policy); 9CFR204 (Organization and Functions); 9CFR205 (Clear Title); 9CFR325 (Transportation of Animals); shall be adopted by the Agency insofar as these federal regulations are not inconsistent with the rules, regulations and laws of the State of Wyoming. These documents are available to the public at the offices of the Agency.

Section 6. General Requirements for Licensing of Livestock Markets.

(a) No person shall operate a Livestock Market in Wyoming without a license and bond as required in W.S. §11-22-101 et seq.

(b) Application to operate a Livestock Market will be made to the Agency on a form provided by the Agency.

(c) The Agency, after due notice and opportunity for hearing to the applicant involved, may deny an application for a Livestock Market License, suspend or cancel the Livestock Market License when the Agency is satisfied that the applicant has:

(i) Violated Wyoming state statutes contained in Title 11, chapters 18, 19, 20, 21, 22, 23, 24, 29, 30; Title 33, chapter 30; Title 35, chapter 10 or Agency rules chapters 1, 2, 8, 9, 10, 11, 12, 13 and 15.

(ii) Made false or misleading statements in their application for licensing.

(iii) Made false or misleading statements as to the health or physical conditions of Livestock regarding official test results or status of the herd of origin.

(iv) Knowingly sold Livestock that were affected with a communicable disease.

(v) Demonstrated their inability or unwillingness to carry out the record keeping requirements contained in this rule.

(vi) Violated any of the provisions listed in W.S. §11-22-106.

Section 7. Livestock Entering a Livestock Market to be Sold.

(a) All Livestock entering a Livestock Market will be registered into the Livestock Market and into designated Pens. The registration information must be recorded on a Consignment Ticket with a copy of the Consignment Ticket posted on the Alley side of the corresponding Pen gate.

(b) All Livestock entering a Livestock Market must be physically inspected by the Authorized Livestock Market Veterinarian for infectious and contagious diseases prior to the Livestock being offered for sale. The Authorized Livestock Market Veterinarian will document the Livestock's health status on a Certificate of Veterinary Health Inspection after having physically examined each head of Livestock.

(i) Any animal that is exhibiting signs of a disease that is a Reportable Disease may not be offered for sale and must be isolated and placed in the Quarantine Pen immediately. The Authorized Livestock Market Veterinarian must notify the Wyoming State Veterinarian immediately and comply with Section 14 of these rules.

(c) All Bovine, Equine and Ovine entering a Livestock Market must be physically inspected by a Brand Inspector to determine and verify ownership prior to the animal being offered for sale. Each consignment will be entered into the Brand Inspection Yard Book.

Section 8. Livestock Leaving a Livestock Market.

(a) No Bovine, Equine or Ovine may leave the Livestock Market for intrastate or interstate shipment until the Brand Inspector has inspected the animal and the Brand Inspector has issued the proper Brand Inspection Form.

(b) No Livestock may leave the Livestock Market for intrastate or interstate shipment until the Authorized Livestock Market Veterinarian has inspected the Livestock, and the inspections have been documented on the proper forms when required.

(c) No Livestock that have been imported from out of state may leave the Livestock Market until the requirements of Agency Chapter 8 import rules have been met.

(d) No Livestock may leave the Livestock Market for intrastate or interstate shipment until all state and federal Livestock identification requirements have been met.

(e) No Livestock may leave the Livestock Market for interstate shipment until the state of destination import requirements have been met.

(f) If animals leaving the Livestock Market intrastate are Brucellosis Quarantine Eligible or Trichomoniasis Quarantine Eligible a Quarantine must be issued to the ranch of destination, and the Authorized Livestock Market Veterinarian must notify the Agency of the Quarantine eligibility of the Livestock immediately.

(g) A copy of the Consignor's invoice stating the Consignor's name and Pen number must be furnished to the Brand Inspector to substantiate clearance.

Section 9. Duties of Livestock Market Management.

(a) The management of a Livestock Market must keep adequate records to allow accurate trace back of all Livestock to the prior owner. At a minimum, those records must include:

(i) The date on which each consignment was received;

(ii) The date each consignment was sold;

(iii) The name and address of the Consignor;

(iv) The name and address of the Purchaser;

(v) The number of Livestock;

(vi) The species of Livestock;

(vii) The health status of the Livestock;

(viii) Any marks and brands;

(ix) All gross selling prices; and

(x) All commission charges.

These records will be accessible for the prior twenty-four (24) month period to State and Federal Representatives.

(b) Livestock Market Management will insure that all Livestock that is moved interstate to Livestock Markets within the State of Wyoming will comply with the provisions set forth in Agency Chapter 8 Rules which govern the importation of Livestock into the State of Wyoming. All Livestock that is moved interstate, which has not complied with Agency Chapter 8 Rules, must be held in Quarantine and be inspected and tested as provided by state statute and Agency rules.

(c) When a vacancy occurs for a Livestock Market Veterinarian, Livestock Market Management will submit the name(s) of one or more qualified candidates to the Agency for consideration and approval.

(d) Livestock Market Management will insure that Certificates of Veterinary Health Inspections, issued by the Authorized Livestock Market Veterinarian, are forwarded to the Agency the next business day after each sale.

(e) Livestock Market Management will insure that all Livestock gathered in a Livestock Market are handled in a humane manner so as not to cause undue injury to the Livestock.

(f) Livestock Market Management will insure that all statutes and Agency rules pertinent to animal health and brand inspection are adhered to in their entirety.

(g) Livestock Market Management is required to transmit the proceeds of the sale of Livestock according to the directions of the Brand Inspector.

(h) Livestock Market Management is required to send the proceeds for sale of Livestock that are returned on account of wrong address to the Agency unless the Consignor can furnish a correct address.

(i) Livestock Market Management will cooperate fully with State and Federal Representatives to maintain adequate Biosecurity standards.

(j) Livestock Market Management will insure the removal of dead animals located at the Livestock Market within forty-eight (48) hours pursuant to W.S. '35-10- 101 et seq.

(k) Livestock Market Management will cooperate with the Authorized Livestock Market Veterinarian and support his or her efforts in complying with responsibilities without interference.

(l) Livestock Market Management will cooperate with the Brand Inspectors and support his or her efforts in complying with responsibilities without interference.

(m) Livestock Market Management will cooperate fully with State and Federal Veterinarians or their designee.

(n) Livestock Market Management will inform the Agency of any illegal Livestock imports.

(o) Livestock Market Management will insure that all necessary assistance shall be provided for the inspection of Bovine, Equine or Ovine for Brands and ownership by a Brand Inspector.

(p) Livestock Market Management will insure that all necessary assistance shall be provided for the physical inspection of Livestock by the Authorized Livestock Market Veterinarian.

(q) Livestock Market Management will insure the public announcement of Quarantine conditions to be met for any Livestock prior to the immediate sale of the Livestock.

Section 10. Livestock Market Facilities.

(a) Plans for a new Livestock Market in Wyoming, or a major renovation, remodeling or relocation of an existing Livestock Market currently located in Wyoming will be reduced to writing including the requirements of W. S. §11-22-101 et seq. and be submitted to and approved by the Agency before construction begins.

(b) Livestock Markets will be equipped with all the necessary facilities and equipment for the humane inspection, identification, and treatment of Livestock.

(i) A Quarantine Pen will not be used for any other purpose than to hold diseased or suspected diseased Livestock and will be thoroughly cleaned with a disinfecting agent after each use.

(d) All facilities of a Livestock Market, including loading and unloading chutes, holding Pens and restraint equipment will be constructed and operated in such a manner as to insure the humane, sanitary and efficient handling of Livestock.

(e) Livestock Markets must contain adequate office and storage area, as determined by the personnel and physical needs of the Agency, to facilitate Brand and health inspections.

(f) All service charges and fees imposed by the Livestock Market shall be posted in a conspicuous public area of the Livestock Market.

(g) All floors of all Pens, Sale Rings, Alleys and Chutes shall have an impervious surface and must be constructed so as to ensure adequate footing and drainage.

(i) The following are exceptions to this requirement:

(A) Overflow Pens.

(I) Overflow Pens shall not constitute more than twenty-five percent (25%) of the total number of pens. All Overflow Pens must be graveled or otherwise adequately surfaced and drained.

(h) All Pens must be equipped so as to provide adequate feed and potable water for the number of Livestock housed in each Pen.

(i) All Pens and Alleys in the Livestock Market must be sequentially numbered utilizing

a white metal background and black four (4) inch lettering.

(j) Information on any Livestock confined in a Pen in the Livestock Market must be recorded on a Consignment Ticket and posted on the Alley side of a Pen gate.

(k) The Sale Ring, Scales, Pens, Alleys, Chutes and storage areas must be kept in a clean and sanitary condition. State and Federal Representatives must be allowed access to maintain surveillance of Livestock Markets for compliance.

(l) After the completion of each day's sale, the Sale Ring, Scales, entering and exit Alleys shall be thoroughly cleaned. If considered necessary by the Authorized Livestock Market Veterinarian, they shall also be disinfected.

(m) All Pens and Alleys shall be thoroughly sprayed during the fly season with a suitable product.

(n) When a State or Federal Representative finds any portion of the Livestock Market unsafe, unsanitary, unsuitable or not in compliance with federal or state law or Agency rule, the Livestock Market may be closed after consultation and concurrence with the Executive Officer of the Agency.

(o) All Livestock Market weighing devices shall comply with W.S. §40-10-117 et seq.

(p) All Livestock Markets must contain adequate personnel and physical laboratory space as determined by the Agency, to facilitate veterinary medical testing.

Section 11. Duties of Authorized Livestock Market Veterinarian.

(a) The Authorized Livestock Market Veterinarian will ensure that Certificates of Veterinary Health Inspection are issued and submitted pursuant to Agency Chapter 14 Rules entitled Certificates of Veterinary Health Inspection.

(b) The Authorized Livestock Market Veterinarian will examine all animals consigned for sale to determine health status and record that examination on a form provided by the Agency.

(c) The Authorized Livestock Market Veterinarian will ensure that all applicable state and federal animal health laws and rules are complied with in their entirety.

(d) The Authorized Livestock Market Veterinarian will immediately inform the Agency of any Livestock that need to be placed under Quarantine.

Section 12. Livestock Market Brand Inspection Procedures.

(a) In accordance with W.S. §11-20-205, the person in charge of the Livestock at the Livestock Market shall hold all Livestock at a designated place until the Livestock have been inspected for brands and ownership. All Livestock Market personnel shall provide the Brand Inspector with adequate facilities and render any assistance necessary while the required inspection is being made. After the Livestock have been inspected, the Livestock Market Management shall not commingle the Livestock with any other Livestock prior to sale.

(b) Livestock Market Management shall provide any assistance necessary to facilitate the Brand Inspector in issuing an official certificate of brand inspection, including tagging or identifying individual Livestock when deemed necessary and access to any essential sales receipts and records of any Livestock consigned to the Livestock Market.

(c) Brands properly recorded with the Agency or brand recording authority in the state of origin, or the title copy of a Brand Inspection Certificate or any other legal proof of ownership as specified by W. S. §11-20-208 or W.S. §11-20-222 shall be the basis for payment of the proceeds from the sale of Bovine, Equine or Ovine.

(d) Any Brand, that the Brand Inspector cannot see clearly, shall be clipped.

(e) If there is any doubt as to the Brand, ownership or point of origin of any Bovine, Equine or Ovine, the matter will be noted on the Brand Inspector Tally and the proceeds will be held by Livestock Market Management and given immediately to the Brand Inspector after the sale. If after sixty (60) days ownership has not been determined, the proceeds shall be forwarded to the Agency to be placed in the estray account created by W.S. §11-24-101 et seq.

(f) The furnishing of title to Bovine, Equine or Ovine or the securing of adequate proof of ownership shall at all times remain the responsibility of the Consignor.

(g) Livestock Market Management must surrender all proceeds from the sale of estrays to the Brand Inspector who will forward the money, copies of the Brand Inspection Tally, Copies of the estray report and sale invoices to the Agency immediately after the sale to be placed in the estray account created by W.S. §11-24-101 et seq.

(h) When Brand Inspection Forms A, B or out of state Brand clearances are used for proof of ownership and all animals covered by the certificates or clearances are not sold and the form or clearances are returned, the Brand Inspector must note on the Brand Inspector Tally the type of clearance, place of issuance, date and number, if any, and must also enter the words "endorsed and returned."

Section 13. Livestock passing through more than one Livestock Market.

(a) Livestock entering any Wyoming Livestock Market from another Livestock Market (in-state or out-of -state) are required to meet all state and federal health requirements before leaving the first Livestock Market.

(b) Livestock Market Management must maintain records to insure the traceability of animals to the original market where the animals previously sold.

Section 14. Sale of Diseased Livestock.

(a) No Livestock infected with, or suspected to be infected with, a contagious disease may knowingly be offered for sale at a Wyoming Livestock Market.

(b) At the discretion of the Livestock Market Veterinarian, Livestock with a non contagious or infectious malady may be consigned to the Livestock Market and sold.

(c) Diseased or condemned Livestock for which indemnity is to be paid shall be handled and sold in such a manner as not to invalidate the owner's claim for indemnity.

Section 15. Transfer of Livestock Market License.

(a) A Livestock Market license is only transferable to another person or entity with prior written approval of the Agency.

(i) A change in the membership of a partnership, limited liability corporation, business, association or any other entity authorized by the state of Wyoming owning or having an interest in a Livestock Market, or the sale or transfer of a twenty five percent (25%) or greater interest in the stock ownership of a Livestock Market shall be considered a transfer of the Livestock Market license and is subject to the requirements of this section.

(b) Application in accordance with the requirements of W.S. §11-22-101 et seq. to allow transfer of a Livestock Market license shall be made to the Agency on a form prescribed and furnished by the Agency.

Section 16. Temporary and Restricted Livestock Sales Licenses.

(a) No person shall operate a Livestock Market in Wyoming without a license and bond as required in W.S. §11-22-101 et seq.

(b) Application to operate a Livestock Market will be made to the Agency on a form provided by the Agency.

(ii) Made false or misleading statements in their application for licensing.

(iii) Made false or misleading statements as to the health or physical conditions of Livestock regarding official test results or status of the herd of origin.

(iv) Knowingly sold Livestock that were affected with a communicable disease.

(v) Demonstrated their inability or unwillingness to carry out the record keeping requirements contained in this rule.

(vi) Violated any of the provisions listed in W.S. §11-22-106.

(vii) Operated as a Temporary and Restricted Livestock Sale without meeting proper licensing and bonding requirements.

Section 17. Livestock Dealer Registration.

(a) No person shall operate as a Livestock Dealer in Wyoming without first being registered with the Agency.

(i) The following are not considered Livestock dealers and do not need to register with the Agency:

(A) A livestock producer or feeder who purchases animals to be retained in his own operation for production purposes;

(B) A livestock producer or feeder who sells animals from his own operation;

(C) An individual who purchases livestock to be shown by the purchaser or a member of his family or to be donated for show purposes;

(D) An individual who sells livestock that has been held for show purposes by the seller or a member of his family;

(E) A lender who holds or liquidates a security interest in livestock; and

(F) A person who purchases livestock not more than two times per month on behalf of other provided that the total value of any one purchase shall not exceed $10,000.00 and the total annual value of such purchases shall not exceed $30,000.00 and provided that no compensation is received above reimbursement for actual expenses.

(b) Registration shall be made on a form provided by the Agency.

Section 18. Internet and Video Livestock Sale Registration.

(a) No person shall operate Internet or Video Livestock sales in Wyoming without first being registered with the Agency.

(b) Registration shall be made on a form provided by the Agency.

History

Effective 2008-01-11

Chapter 2 Brucellosis Management and Mitigation

Wyo. Code R. 051.0001.2.02152019 Brucellosis Management and Mitigation

DRAFT OPTION January 8, 2009

CHAPTER 2

Brucellosis Management and Mitigation

Section 1. Authority to Create Rules. Pursuant to the authority vested in the Wyoming Livestock Board by virtue of Wyoming Statute 11-18-103 (a) (v) the following rules are hereby promulgated.

Section 2. Severability. If any portion of these rules is found to be invalid or unenforceable, the remainder of the rules shall continue in effect.

Section 3. Definitions.

(a) The following definitions are applicable for these rules. If not defined or listed herein, refer to the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service's Brucellosis Eradication Uniform Methods and Rules (UMR).

(i) "Approved Livestock Market" means a livestock market that is licensed by the Board, and has in place a signed livestock marketing facility agreement with the United States Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), to handle cattle under conditions required by the Cooperative State-Federal Brucellosis Eradication Program.

(ii) "Approved Tagging Site" means the premises, authorized by APHIS, State or Tribal animal health officials, where livestock may be officially identified on behalf of their owner or the person in possession, care, or control of the animals when they are brought to the premises.

(iii) "B Brand" means a 2" X 3" or larger hot iron single B character brand applied to the left hip near the tail-head of a Bovinae signifying that the animal is a reactor to Brucellosis.

(iv) "Board" means the Wyoming Livestock Board, State Agency 051, 1934 Wyott Drive, Cheyenne, WY 82002 (307) 777-7515.

(v) "Board Approved Individual Identification" means:

(A) A metal, 9-digit Wyoming identification ear tag; or

(B) A tamper evident, metal, 9-digit USDA/APHIS/VS identification ear tag; or

(D) Any other identification device approved by the USDA or the Wyoming State Veterinarian for use in cattle and bison.

(vi) "Bovinae" means a subfamily classification of the family Bovidae. For the purposes of these rules, Bovinae specifically means animals in the genus Bos (domestic cattle and yaks) and animals in the genus Bison (domestic bison animals) regardless of age or gender.

(vii) "Brucellosis" means an infectious disease of animals and humans caused by Brucella abortus.

(viii) "Brucellosis Affected Herd Plan" means a written document approved and signed by the USDA, the Wyoming State Veterinarian, and the affected Herd owner, outlining practices a livestock producer will undertake to eliminate Brucellosis infection from his Herd and the requirements for the release of Quarantine.

(ix) "Brucellosis Area of Concern" means the area within the boundaries of the following Wyoming Game and Fish Department's Elk Hunt Areas as of 2018:

(A) Area 39. Deer Creek. Beginning where U.S. Highway 14A crosses the Big Horn River; northerly down said river to the Wyoming/Montana state line; easterly along said line to the Sheep Mountain Road (U.S.F.S. Road 11); southerly along said road to the Devils Canyon Road (U.S.F.S. Road 14); southerly along said road to U.S. Highway 14A; westerly along said highway to the Big Horn River.

(B) Area 40. Horse Creek. Beginning on the Big Horn River in the town of Greybull; northerly down said river to U.S. Highway 14A; easterly along said highway to the Hunt Mountain Road (U.S.F.S. Road 10); southeasterly along said road to U.S. Highway 14 at Granite Pass; southwesterly along said highway to the Big Horn River at the town of Greybull.

(C) Area 41. Medicine Lodge. Beginning where U.S. Highway 14 crosses the Bighorn River in the town of Greybull; easterly along said highway to Granite Pass and the divide along the Bighorn Mountain range; southeasterly along said divide to the divide between Medicine Lodge Creek and Paint Rock Creek; southwesterly along said divide to the Cold Springs Road (U.S.F.S. Road 344) at the Upper Medicine Lodge Lake; southwesterly along said road to the Alkali Road (U.S.F.S. Road 338-B.L.M. Road 1111); southerly along said road to Wyoming Highway 31; westerly along said highway to the Bighorn River at the town of Manderson; northerly down said river to U.S. Highway 14 in the town of Greybull.

(x) "Brucellosis Class Free Status" means a classification standard for a state that has been certified as fulfilling the requirements of this status on initial classification or reclassification by the state animal health official, and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. "Calfhood Vaccination Eligible" means sexually intact female Bovinae four (4) through twelve (12) months of age.

(xi) "Brucellosis Mitigation Plan" means a written document based on a Brucellosis Risk Assessment outlining the practices a livestock producer will utilize to mitigate the risk of exposure for his/her Bovinae to Brucellosis. The Plan is valid when signed by both the State Veterinarian or his designee and the herd owner/manager.

(xii) "Brucellosis Risk Assessment" means an evaluation of the potential risk a Bovinae herd has for exposure to Brucellosis-infected elk, bison, or cattle. The assessment shall be performed by Wyoming Livestock Board personnel or their designee.

(xiii) "Calfhood Vaccination Eligible" means sexually intact female Bovinae four (4) through twelve (12) months of age.

(xiv) "Category II Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine and is approved by the USDA/APHIS to perform Category II accredited duties on all livestock species and poultry in the specific state(s) where he or she practices.

(xv) "CFR" means the United States Code of Federal Regulations, 9 CFR.

(xvi) "Commuter Herd" means an established Herd of breeding Bovinae that has not been assembled within the previous six months and that moves between Wyoming and an adjacent state for the purpose of feeding or grazing and then returns to the origin state following normal ranching operations. No change of ownership may occur before returning to the origin state. An interstate Livestock Health Movement Agreement between Wyoming and the other state involved is required.

(xvii) "Custom Slaughter Facility" means a slaughter plant that is licensed and or inspected by the State of Wyoming where livestock is slaughtered and processed for the owner of the livestock only and the product is not offered for public sale or commercial use.

(xviii) "Designated Feedlot" means any feedlot that is designated by the Board to feed -with no provision for grazing - and properly identify and manage Restricted Livestock in a designated portion of the feedlot preventing direct contact between restricted and non-restricted livestock.

(xix) "Designated Surveillance Area" is defined as an area enclosed by the following boundaries: Beginning where the Wyoming-Montana state line intersects the Park and Big Horn County Line, southerly along said county line to the Park and Washakie County line; south along said county line to the Washakie and Hot Springs County line; east then south along said county line to State Highway 431; west along said highway to State Highway 120; southeasterly along said highway to the Upper Cottonwood Creek Road (Hot Springs County Road 10); westerly then southerly along said road to the Owl Creek Road (Hot Springs County Road 1); southerly along said road to South Fork Owl Creek; westerly up said creek to the Northwest corner of the Wind River Indian Reservation boundary; southerly along the west boundary of said Reservation to the boundary between Fremont and Sublette Counties; southeasterly along said county line to the boundary between Sublette and Sweetwater Counties; west along said county line to the Sublette and Lincoln County line; west along said county line to U.S. Highway 189; southwesterly along said highway to U.S. Highway 30; westerly along said highway to State Highway 89; west along said highway to the Wyoming state line; north along said state line to the boundary between Wyoming and Yellowstone National Park (YNP); east along the southern boundary of YNP to the southeast corner of YNP; following the YNP border north to the Montana/Wyoming line; east along said state line to the Park-Big Horn County line. The Board will annually review the boundaries of the DSA for changes in risk and consider any joint recommendations made by the Wyoming State Veterinarian and the Wyoming Game and Fish Director.

(xx) "Direct Movement" means movement in which the Bovinae are not unloaded en route to their final destination.

(xxi) "Exposed Domestic Bovinae" means any domestic Bovinae, that has been exposed to a Reactor Domestic Bovinae or its reproductive tract discharge.

(xxii) "Farm or Ranch of Origin" means the farm or ranch that Bovinae have resided on immediately prior to testing for Brucellosis.

(xxiii) "Feeding Channels" means feeding in any feedlot, pasture, or on range for purposes of conditioning Bovinae for eventual slaughter. This does not include pasturing or range grazing for a Breeding Bovinae Herd.

(xxiv) "Herd" means all Bovinae under common ownership or management that are grouped on one or more parts of any single premise; or all Bovinae under common ownership or management on two or more premises that are geographically separated but in which the animals have been interchanged or had contact with animals from different premises. It will be assumed that contact between animals of the same species on the different premises has occurred unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises.

(xxv) "Herd of Birth" means the herd into which a Bovinae was born.

(xxvi) "Immediate Slaughter" means the slaughter of a Bovinae within three (3) working days at a Recognized Slaughter Establishment. The animals cannot be offloaded at any point other than the Recognized Slaughter Establishment.

(xxvii) "Interstate Livestock Health Movement Agreement or "Commuter Permit" means a written permit that allows for the movement of Bovinae between Wyoming and an adjacent state. This Agreement shall be approved by state animal health officials in the state of origin and state of destination prior to movement and shall outline testing requirements for leaving the DSA on the agreement.

(xxviii) "Official Adult Vaccinate" means a female Bovinae that is over twelve (12) months of age when first vaccinated for Brucellosis using the recommended dose of a Brucella vaccine approved by the USDA APHIS VS Administrator and the Board. Prior approval by the Wyoming State Veterinarian, or his authorized representative, is required and may include Brucellosis testing. All adult vaccinates will be identified as such by an appropriate tattoo in the right ear or other method approved by the Wyoming State Veterinarian. Each Bovinae shall have a USDA-approved individual official identification device which shall be reported on the appropriate certificate and forwarded to the appropriate state and federal animal health agencies within 14 days of vaccination.

(xxix) "Official Booster Vaccinate" means either an Official Adult Vaccinate or an Official Calfhood Vaccinate re-vaccinated for Brucellosis using the recommended dose of a Brucella vaccine approved by the USDA APHIS VS Administrator and the Board. Prior approval by the Wyoming State Veterinarian, or his authorized representative, is required either on a case-by-case basis or through a Herd Plan. Individual official identification will be confirmed and recorded for each Bovinae which shall be reported on the appropriate certificate and forwarded to the appropriate state and federal animal health agencies.

(xxx) "Official Calfhood Vaccinate" means a female Bovinae that has been inoculated at four (4) monthsthrough twelve (12) months of age with a USDA/APHIS/VS and Board approved Brucella vaccine, by a State or Federal veterinarian or a Category II Accredited Veterinarian using the approved vaccination procedure outlined in the Brucellosis Eradication Uniform Methods and Rules (UMR). The Bovinae shall be properly identified as a vaccinate by an orange USDA Brucellosis Vaccination tag, or other USDA approved official identification, and a vaccination tattoo or other method approved by the Wyoming State Veterinarian, and shall be reported on the appropriate certificate to the appropriate State and Federal animal health agencies.

(xxxi) "Post Parturient" means a Bovinae that has given birth.

(xxxii) "Quarantine" as used in these rules, means an official document, issued by the Wyoming State Veterinarian, or his authorized representative that restricts the movement of specific Bovinae and shall set forth requirements for Quarantine release.

(xxxiii) "Quarantine Movement Permit" means an official document (VS Form 1-27) that is issued by a State or Federal veterinarian or designee, or by a Category II Accredited Veterinarian. The Permit shall accompany all Brucellosis Reactor Bovinae, all Brucellosis Exposed or Suspect Bovinae, and any Bovinae otherwise quarantined that are being moved to a specified destination.

(xxxiv) "Reactor Domestic Bovinae" means any domestic Bovinae that the designated Brucellosis epidemiologist classifies as reactor based on the serological results as defined in the UMR or from which a field strain isolate of Brucella abortus has been confirmed by a recognized laboratory.

(xxxv) "Recognized Slaughter Establishment" means any slaughter establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601-695) as amended or the Wyoming Food Safety Rule found at Chapter 1 Purpose, Variances, Definitions, Demonstrations of Knowledge, and Health Status as promulgated and amended by the Wyoming Department of Agriculture. These documents are available to the public at the office of the Board or online at http://wyagric.state.wy.us/divisions/chs/meat-a-poultry-program.

(xxxvi) "Restricted Livestock" means untested Trichomoniasis Test Eligible Male Bovine, Trichomoniasis Infected Bovine, Trichomoniasis Exposed Bovine, Brucellosis non-vaccinated adult females and other livestock that are determined as such by the Wyoming State Veterinarian.

(xxxvii) "S Brand" means a 2" X 3" hot iron single S character brand applied to the left hip near the tail-head of a Bovinae signifying that the animal is a Brucellosis suspect or exposed to Brucellosis.

(xxxviii) "Test-Eligible" means all sexually intact female Bovinae twelve (12) months of age and over or any weaned, sexually-intact female exposed to bulls.

(xxxix) "UMR" means the 2003 Brucellosis Eradication Uniform Methods and Rules as issued and amended as of October 2003 by the United States Department of Agriculture, Animal and Plant Health Inspection Service, which are incorporated as a part of these rules. These Rules do not include any later amendments of the UMR past October 2003. Copies of the UMR are available to the public at the office of the Board. The UMR can be found at https://www.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/umr_bovine_bruc.pdf Copies of the UMR are also available to the public from the office of the Wyoming Livestock Board located at 1934 Wyott Drive, Cheyenne, WY 82002, (307) 777-7515.

(xl) "USDA/APHIS/VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(xli) "USDA/APHIS/VS/AD" means the USDA/APHIS/VS Assistant Director who is the veterinary official of USDA/APHIS/VS assigned to supervise and perform the official animal health work of USDA/APHIS/VS in Wyoming.

(xlii) "Wyoming Licensed Veterinarian" means an individual who is licensed by the State of Wyoming to practice veterinary medicine in Wyoming.

(xliii) "Wyoming State Veterinarian" means a Wyoming Accredited Veterinarian, employed by the Board, who serves as the State Veterinarian for the State of Wyoming as outlined in W.S. 11-19-101.

Section 4. Penalty for a Violation of Rules. Penalties for a violation of these rules shall be pursuant to law.

Section 5. Mandatory Vaccination of Female Bovinae.

(a) Before a change in ownership can occur for any sexually intact female Bovinae over twelve (12) months of age, the Bovinae shall be an Official Calfhood Vaccinate or an official Adult Vaccinate.

(i) The following are exemptions from this mandatory vaccination requirement:

(A) Bovinae consigned for Immediate Slaughter at a Recognized Slaughter Establishment and moving under Direct Movement from a Herd to the Recognized Slaughter Establishment;

(B) Bovinae that are moving under Direct Movement to a Wyoming Approved Livestock Market where they will be sold and destined to a state or nation that will accept Bovinae not vaccinated against Brucellosis or moved by direct movement to a Recognized Slaughter Establishment or under Direct Movement to a Designated Feedlot;

(C) Bovinae that are moving under Direct Movement to a Wyoming Approved Livestock Market where they will be vaccinated prior to leaving the market if remaining in Wyoming.

(D) Bovinae moving directly to a state or nation that will accept Bovinae not vaccinated against Brucellosis;

(E) Bovinae that are moving under Direct Movement to a Designated Feedlot;

(F) Bovinae that have been approved for movement by the Wyoming State Veterinarian to a specified location to be quarantined on arrival until they are adult vaccinated.

(b) All Brucellosis vaccination certificates shall be submitted directly to the Board by a Category II Accredited Veterinarian or a State or Federal representative within two (2) weeks of the vaccination being performed.

Section 6. Mandatory Brucellosis Vaccination of Domestic Bovinae within the Boundaries of the Designated Surveillance Area Including the Boundaries of the Bridger-Teton National Forest, Shoshone National Forest and the Targhee National Forest.

(a) All sexually intact female domestic Bovinae imported to, grazed, or kept within the boundaries of the Designated Surveillance Area shall be Official Calfhood Vaccinates or Official Adult Vaccinates.

(b) Any heifer calf 4 months of age and older (vaccination age-eligible) must be Brucellosis-vaccinated prior to February 1.

Section 7. Written Approval Required for Vaccination of Adult Female Bovinae.

(a) Approval from the Wyoming State Veterinarian shall be obtained prior to the vaccination of individual female domestic Bovinae over twelve (12) months of age to become Official Adult Vaccinates. The owner of the Bovinae shall make a request to the Wyoming State Veterinarian who may grant approval to the herd veterinarian who is authorized to perform the Adult Vaccination. Any oral approval obtained from the Wyoming State Veterinarian shall be documented in writing.

(b) Whole-herd vaccination of female Bovinae over twelve (12) months of age that are not part of a Brucellosis Mitigation Plan will require the additional approval of the USDA/APHIS/VS/AD, which will be obtained by the Wyoming State Veterinarian.

(d) Approval for vaccination shall not be issued for Bovinae imported in violation of import requirements until the illegal import violation has been adjudicated.

Section 8. Testing of Specific Bovinae.

(a) Within the DSA, all Test Eligible Bovinae and any Heifers born during the previous calendar year and shipped after August 1 of their yearling year are required to test negative for Brucellosis within 30 days prior to a change of ownership, prior to interstate movement, and prior to leaving the DSA. Any negative test result reported between August 1 and January 31 of the following calendar year will be valid from the time of test until the end of that time period (January 31).

(i) The following are exemptions from this testing requirement:

(A) Test Eligible Bovinae that move to a Wyoming Approved Livestock Market or to an out-of-state livestock market that appears on the Wyoming State Veterinarian's list of Out of State Markets Approved for Brucellosis Market Testing can be tested at the market prior to leaving and held there until results are determined to be negative if the identity of the Herd of Origin is maintained and each animal is individually identified with the following Board approved identification.

(I) "DSA Origin - Brucellosis Test Required" shall be written in the brand inspection document for Test Eligible Bovinae leaving the DSA.

(II) "Brucellosis Area of Concern Origin - Brucellosis Test Required" shall be written in the brand inspection document for Test Eligible Bovinae leaving a Brucellosis Area of Concern required by the Board to be subject to the testing requirements of these rules.

(B) Out-of-state origin Commuter Herds moving from Wyoming, pursuant to an Interstate Livestock Health Movement Permit with an adjacent state, will have test requirements specified in the commuter agreement. For cattle in the DSA between August 1 and January 31 of the following calendar year no test will be required unless deemed necessary by determination of unusual risk. For cattle in the DSA any time between February 1 and July 31, Wyoming recommends a full joint risk analysis between the two state veterinarians to determine the appropriate number of animals to be tested. Regardless, a minimum of 20 percent of the herd, to include open, late-bred, and cull cows, will be tested prior to or upon return to the state of origin. A copy of the Commuter Permit must be provided prior to issuance of a brand certificate for leaving. Movement and test documents will be required to be provided by the owner each year for renewal of Commuter Permit.

(C) Wyoming herds that complete a Brucellosis Risk Assessment and have in place a Brucellosis Mitigation Plan may have test requirements waived in accordance with the Mitigation Plan.

(I) Each Brucellosis Risk Assessment will be categorized as one of the following:

(1.) Insignificant risk: No documented exposure or feasible risk of exposure to Brucellosis-infected wildlife during the risk period of February 1 through July 31. No restrictions or requirements.

(2.) Potential Risk: No documented exposure, but risk of potential exposure by commingling or close proximity to Brucellosis-infected wildlife during the risk period of February 1 through July 31. Surveillance testing required.

(3.) Significant Risk: Documented exposure by commingling or close proximity to Brucellosis infected wildlife, or high risk of exposure to Brucellosis-infected wildlife during the risk period of February 1 through July 31. Cooperative mitigation and surveillance testing required.

(II) Without a Brucellosis Risk Assessment and Brucellosis Mitigation Agreement, all herds within the DSA and, when required by the board, herds within a Brucellosis Area of Concern, must meet all Chapter 2 requirements.

(D) Female Bovinae moving from a Herd with a valid Brucellosis Mitigation Plan will not be subject to additional testing other than that outlined in the Brucellosis Mitigation Plan, unless required by the Wyoming State Veterinarian under another provision of law.

Section 9. Statewide Identification of Bovinae Upon Change of Ownership.

(a) It is the livestock owner's responsibility to ensure that all sexually intact Bovinae twelve (12) months of age and over have been identified with Board Approved Individual Identification prior to a change of ownership.

(i) Bovinae moving to an Approved Tagging Site or a Designated Feedlot can do so without Board Approved Individual Identification if the identity of the Farm or Ranch of Origin is maintained and identification is applied at the tagging site or feedlot per the tagging agreement.

(ii) A Wyoming Green Tag is sufficient for movement within Wyoming but does not meet interstate official identification requirements.

(b) Multiple identification with Board Approved Individual Identification is not permitted except in the following cases:

(i) Bovinae already identified with a Wyoming Green Tag may have a USDA, 9-digit, silver or orange metal tag applied or a 15-digit, 840 tag applied in addition to the green tag.

(ii) Bovinae already identified with a USDA, 9-digit, silver or orange metal tag may have a 15-digit 840 tag applied in addition to the metal tag.

(iii) In any case of allowed, multiple tagging, records need to be kept by the entity to whom the tags were issued documenting and correlating the new and existing tag numbers in the animal.

(c) Board Approved Individual Identification may only be removed upon written approval of the Wyoming State Veterinarian or his authorized representative.

Section 10. Identification of Bovinae Leaving the Designated Surveillance Area.

(a) All sexually intact female cattle, regardless of age, that leave the Brucellosis Designated Surveillance Area (DSA) are required to be individually identified with Board Approved Identification, except:

(i) Non-vaccinated female calves that temporarily leave the DSA for contiguous seasonal grazing purposes, and return to the DSA with no change of ownership;

(ii) Feeder heifers going to a Designated Feedlot and identified there with Board Approved ID according to the designation agreement and these rules;

(iii) Cattle specifically exempted in a Brucellosis Mitigation Plan to be identified at a specified location outside the DSA.

Section 11. Brucellosis Ring Test of Bovinae in Dairy Herds. All dairy Herds shall be submitted to at least two semi-annual brucellosis ring tests and results will be reported to the Board, Wyoming State Veterinarian and the USDA/APHIS/VS/AD in accordance with the UMR.

Section 12. Testing of Bovinae at Custom Slaughter Facility. All Bovinae twelve (12) months of age and over, slaughtered by a Wyoming Custom Slaughter Facility shall have a blood sample collected during the slaughter process. The sample will be submitted to the Wyoming State Veterinary Laboratory for testing. The Board will compensate custom slaughter facilities management on a per sample basis at a rate determined by the Board if funds are available.

Section 13. Retesting of Bovinae Indicating Suspicious Reaction to Test. Bovinae that are tested in Wyoming and give a suspicious reaction to an official blood test for Brucellosis shall be Quarantined in a pen at the Farm or Ranch of Origin and subject to an official retest made not less than thirty (30) nor more than sixty (60) days from the date of collecting the blood sample with the suspicious reaction, and shall be dealt with in a manner that is consistent with procedures outlined in the UMR, insofar as those procedures are not inconsistent with the rules, regulations and laws of the State of Wyoming.

Section 14. Quarantine of Brucellosis Reactor Domestic Bovinae. The Wyoming State Veterinarian, or his authorized representative, shall issue a Quarantine of all Brucellosis Reactor Domestic Bovinae and the Herd associated with the Reactor Domestic Bovinae. Brucellosis Reactor Domestic Bovinae shall be officially identified as per the Brucellosis UMR. All Reactor Domestic Bovinae and other domestic Bovinae in the associated Herd shall be held subject to Quarantine and a Brucellosis Affected Herd Plan.

Section 15. Quarantine of Brucellosis Exposed Domestic Bovinae. The Wyoming State Veterinarian, or his authorized representative, shall issue a Quarantine of all Brucellosis Exposed Domestic Bovinae and the associated Herd which shall be held subject to the Quarantine and shall not be offered for sale, or given away except with written permission of the Wyoming State Veterinarian or his authorized representative, under Section 19 of this rule. The Exposed Domestic Bovinae and other domestic Bovinae in the associated Herd held subject to the Quarantine may also be moved pursuant to Section 17 of these Rules.

Section 16. Movement of Quarantined Bovinae.

(a) Movement of Quarantined Bovinae will only be allowed by a Quarantine Movement Permit as outlined in the UMR, insofar as those procedures are not inconsistent with the rules, regulations and laws of the State of Wyoming. A permit may only be issued under the following conditions:

(i) Direct Movement to a Recognized Slaughter Establishment for Immediate Slaughter;

(ii) Direct Movement to a research or diagnostic facility as specifically approved by the Wyoming State Veterinarian.

(iii) Direct movement from an approved livestock market back to the Farm or Ranch of Origin under quarantine.

Section 17. Release of Quarantined Bovinae.

(a) Release of Quarantine of an affected Herd is contingent upon satisfactory completion of all conditions set forth in the UMR for handling affected or restricted Herds, the properly signed Brucellosis Affected Herd Plan, and with approval of state and federal animal health officials.

(b) Release of Quarantine of an exposed or adjacent Herd is contingent upon satisfactory completion of all conditions set forth in the Brucellosis UMR for handling exposed or adjacent Herds, and other requirements as outlined by the Wyoming State Veterinarian.

History

Effective 2019-02-15

Chapter 6 Brucellosis Risk Mitigation Activities and Compensation

Wyo. Code R. 051.0001.6.09042024 § 1 Authority to Create Rules

The following rules are promulgated pursuant to Wyoming Statutes §§ 11-19-405 through -407 and 11-18-103(a)(v).

History

Effective 2024-09-04

Wyo. Code R. 051.0001.6.09042024 § 2 Definitions Used in Rules

(a) If a term used in these rules is not defined below, refer to the Board's Chapter 2 Brucellosis Management and Mitigation rules.

(i) "Adult Brucellosis Vaccination" means the vaccination of female Bovinae over 12 months of age with RB 51 vaccine following the protocol outlined by USDA APHIS.

(ii) "Brucellosis Mitigation Plan" means:

(A) A written document based on a Brucellosis Risk Assessment outlining the practices a Herd owner will utilize to mitigate the risk of Brucellosis exposure to the Herd that is signed by both the Wyoming State Veterinarian and the Herd owner or manager;

(B) A Wyoming State Veterinarian recommendation in writing that spaying heifers, adult vaccination, or both is warranted based on a risk assessment; or

(iii) "Chapter 2 Rules" means the Board's Brucellosis Management and Mitigation rules, which establish protocol for vaccination, testing, and response for Brucellosis in Bovinae.

(iv) "Custom Slaughter Establishment" means a slaughter plant where livestock is slaughtered and processed for the owner of the livestock only and the product is not offered for public sale or commercial use.

(v) "Designated Surveillance Area" or "DSA" means that area as defined in the Board's Chapter 2 Rules.

(vi) "Designated Surveillance Area-Origin Bovinae" or "Bovinae originating within the Designated Surveillance Area" means Bovinae that have moved or will move from a premises located wholly or partially within the defined boundaries of the Designated Surveillance Area.

(vii) "Mandatory Testing" means any Brucellosis testing required by the Board or USDA APHIS.

(viii) "Spaying" means any surgical procedure by which female Bovinae are rendered permanently infertile as certified by a licensed veterinarian.

(ix) "Temporary Surveillance Area" means an area designated by the Board and approved by the Governor as an area where risk of exposure to documented Brucellosis infected wildlife is of concern.

(x) "Temporary Surveillance Area-Origin Bovinae" or "Bovinae originating within a Temporary Surveillance Area" means Bovinae that have moved or will move from a premises located wholly or partially within the defined boundaries of a Temporary Surveillance Area.

(xi) "Testable Sample" means a blood sample, collected using a clean and separate needle, syringe and container, for Brucellosis testing in such condition that the tests conducted will yield valid results, as determined by the serology technicians at the testing laboratory.

(xii) "USDA APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

History

Effective 2024-09-04

Wyo. Code R. 051.0001.6.09042024 § 3 Payment Subject to Availability of Funds

(a) All payments authorized by these rules are contingent upon the availability of funding and will be issued at the sole discretion of the Board. The Wyoming State Veterinarian may, with Board approval, allow payment within statutory limits other than that set by these rules upon written request describing the extenuating circumstances that support payment in excess of the amounts set by these rules.

(b) Under extenuating circumstances, the Wyoming State Veterinarian may authorize payments for completed activities when documents or approvals were not submitted by the deadlines set in these rules.

History

Effective 2024-09-04

Wyo. Code R. 051.0001.6.09042024 § 4 Compensation for Mandatory Testing

(a) The Board will pay compensation for Mandatory Testing directly to a Category II Accredited Veterinarian and, if applicable, to an Approved Livestock Market pursuant to W.S. § 11-19-407(c). The Board will make payment upon receipt of official Brucellosis test charts from the testing laboratory.

(b) The Board will only pay compensation for Testable Samples that are received at the Wyoming State Veterinary Laboratory or another USDA APHIS approved Brucellosis testing laboratory in properly labeled tubes and with properly completed, legible USDA APHIS Brucellosis test charts. The reason for the test must be specified on the test chart as "DSA," "Temporary Surveillance Area," or "Epidemiologic Testing."

(c) An owner or manager is not required to have a Brucellosis Mitigation Plan or a Brucellosis Risk Assessment for the Category II Accredited Veterinarian to be eligible for compensation for Mandatory Testing.

(d) For Mandatory Testing of Test-Eligible Bovinae originating within the Designated Surveillance Area or a Temporary Surveillance Area, the compensation rate is $7.00 per head tested.

(e) For Mandatory Testing at Approved Livestock Markets of Test-Eligible Bovinae originating within the Designated Surveillance Area or a Temporary Surveillance Area, the compensation rate is $7.50 per head tested.

(f) If Mandatory Testing of Test-Eligible Bovinae originating within the Designated Surveillance Area or a Temporary Surveillance Area occurs at an Approved Livestock Market and that market supplies labor to move the Bovinae through the alleys and chutes, the Board will pay that market $3.00 per head tested. If a Category II Accredited Veterinarian supplies this labor, the Category II Accredited Veterinarian will receive this payment in addition to the $7.50 per head for testing, and the Approved Livestock Market will not receive compensation. To be compensated for labor, the Board must receive an invoice for the labor, including a legible copy of the Brucellosis test charts delineating the Test-Eligible Bovinae, within 30 days after the end of the month in which testing occurred.

History

Effective 2024-09-04

Wyo. Code R. 051.0001.6.09042024 § 5 Compensation for Voluntary Surveillance Testing

(a) To be eligible for compensation for voluntary surveillance testing conducted on Bovinae from the Designated Surveillance Area or a Temporary Surveillance Area, the owner or manager for whom testing is performed must have a Brucellosis Mitigation Plan that authorizes voluntary surveillance testing.

(b) Payments will be made directly to a Category II Accredited Veterinarian and, if applicable, an Approved Livestock Market pursuant to W.S. 11-19-407(c) as follows:

(i) Upon receipt of official Brucellosis test charts from the testing laboratory, the Board will create an invoice and submit it to the veterinarian or market for approval.

(ii) The veterinarian or market must submit approval or corrections to the invoice within 30 days of the date that the Board sent the invoice for approval.

(iii) If the Board approves corrections, the Board will re-send the corrected invoice for approval, which must be approved within 30 days of resubmission.

(iv) If the Board does not receive approval or corrections within the allotted time, the invoice is deemed approved as sent.

(v) Once the invoice is approved, the Board will make payment.

(c) The compensation rate for voluntary surveillance testing is $7.00 per head if the animal tested has been within the boundaries of the Designated Surveillance Area or a Temporary Surveillance Area.

(d) The Board will only pay compensation for Testable Samples that are received at the Wyoming State Veterinary Laboratory or another USDA APHIS approved Brucellosis testing laboratory in properly labeled tubes and with properly completed, legible USDA APHIS Brucellosis test charts. The reason for the test must be specified on the test chart as "DSA," "Temporary Surveillance Area," or "Epidemiologic Testing."

History

Effective 2024-09-04

Wyo. Code R. 051.0001.6.09042024 § 6 Compensation for Spaying Heifers

(a) To be eligible for compensation for Spaying heifers, the Spaying must be authorized by an Affected Herd Management Plan or a Brucellosis Mitigation Plan. The compensation rate for Spaying heifers is $8.00 per head. The veterinarian shall submit an invoice to the Board within 30 days after the end of the month in which the Spaying was performed for a particular herd. The invoice must list: (1) the number of heifers Spayed; (2) the ownership of the heifers Spayed; and (3) whether the heifers Spayed are Designated Surveillance Area-Origin Bovinae or Temporary Surveillance Area-Origin Bovinae.

(b) Compensation will be paid only if one or more of the following conditions apply:

(i) The Herd is infected with Brucellosis;

(ii) The Herd is under Quarantine as an adjacent or a contact Herd;

(iii) The risk of exposure or transmission of Brucellosis to the Herd is high due to a documented commingling event during the period of February through June;

(iv) The risk of exposure or transmission of Brucellosis to the Herd is increased due to increased numbers of elk or wild bison in the vicinity of the Herd during the period of February through June; or

(v) There is documentation that the Herd was exposed to an event of abortion or calving by elk or wild bison at any time of year.

History

Effective 2024-09-04

Wyo. Code R. 051.0001.6.09042024 § 7 Compensation for Adult Vaccination of Female Bovinae

(a) To be eligible for compensation for Adult Brucellosis Vaccination, the Adult Brucellosis Vaccination must be authorized by a Brucellosis Mitigation Plan.

(b) The compensation rate for Adult Brucellosis Vaccination is $4.00 per head.

(c) Upon receipt of a properly completed Adult Brucellosis Vaccination certificate, the Board will create an invoice and submit it to the veterinarian for approval.

(d) The veterinarian must submit approval or corrections to the invoice within 30 days of the date that the Board sent the invoice for approval.

(e) If the Board approves corrections, the Board will re-send the corrected invoice for approval, which must be approved within 30 days of resubmission.

(f) If the Board does not receive approval or corrections within the allotted time, the invoice is deemed approved as sent.

(g) Once the invoice is approved, the Board will make payment.

History

Effective 2024-09-04

Wyo. Code R. 051.0001.6.09042024 § 8 Compensation for Testing at Custom Slaughter Establishments

(a) For a Custom Slaughter Establishment to be eligible for compensation for Brucellosis testing of Test Eligible Bovinae, it must agree to collect a Testable Sample during the slaughter process and to submit the Testable Sample to the Wyoming State Veterinary Laboratory.

(b) The Board will pay a Custom Slaughter Establishment $5.50 per head for each slaughtered Bovinae 12 months of age or older from which the facility collected a Testable Sample if:

(i) The Bovinae Directly Moved to the Custom Slaughter Establishment from the Designated Surveillance Area or a Temporary Surveillance Area; or

(ii) The Bovinae was subject to a Brucellosis Mitigation Plan.

(i) Upon receipt of official Brucellosis test charts from the testing laboratory, the Board will create an invoice and submit it to the establishment for approval.

(ii) The establishment must submit approval or corrections to the invoice within 30 days of the date that the Board sent the invoice for approval.

(iii) If the Board approves corrections, the Board will re-send the corrected invoice for approval, which must be approved within 30 days of resubmission.

(iv) If the Board does not receive approval or corrections within the allotted time, the invoice is deemed approved as sent.

(v) Once the invoice is approved, the Board will make payment.

History

Effective 2024-09-04

Chapter 7 Rules of Practice and Procedure Before The Wyoming Livestock Board of The State of Wyoming

Wyo. Code R. 051.0001.7.11122008 Rules of Practice and Procedure Before The Wyoming Livestock Board of The State of Wyoming

CHAPTER 7

RULES OF PRACTICE AND PROCEDURE

BEFORE THE WYOMING LIVESTOCK BOARD OF THE STATE OF WYOMING

Section 1. Authority. These rules are promulgated pursuant to W.S. §§ 11-18-103(v), 11- 19-103(g), 11-22-102 and 16-3-102(a)(i).

Section 2. Scope.

(a) These rules of practice and procedure govern the procedures by which the Wyoming Livestock Board may reach informed decisions with respect to appeals brought pursuant to W.S.11-19-103(g). These procedures provide a method by which an owner, or the agent of an owner, of animals affected by an order or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes may appeal to the Wyoming Livestock Board. In addition, these rules govern how an aggrieved governmental entity may appeal to the Wyoming Livestock Board from an order or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes.

(b) These rules also govern all contested cases before the Wyoming Livestock Board where notice and opportunity for hearing is required by its rules and statutes.

(c) These rules do not apply to decisions, actions or orders issued or taken by the Board, Director, Wyoming State Veterinarian or other Board employee where notice and opportunity for hearing is not required by the Board's rules or statutes.

Section 3. Definitions.

(a) "Board" means the Wyoming Livestock Board.

(b) "Complainant" means: (i) an owner, or agent of an owner, of animals affected by an order, decision or other action of the Wyoming State Veterinarian issued or taken under Chapter 19 of Title 11 of the Wyoming statutes including any aggrieved governmental entity affected by such order, decision or other action; or (ii) any person that appeals an order, decision or other action issued or taken by the Wyoming State Veterinarian, Director or their designee where notice and opportunity for hearing is required by the Board's rules or statutes.

(d) "Wyoming State Veterinarian" means a veterinarian who has been appointed state veterinarian by the Board pursuant to 11-18-103(a)(i).

Section 4. Initiation of Appeal.

(a) An appeal of an order, decision or other action issued or taken by the Wyoming State Veterinarian, Director or their designee shall be instituted by the Complainant by filing an appeal with the Board at its Cheyenne office within thirty (30) calendar days of the order, decision or other action, except that a quarantine may be appealed at any time during the quarantine. The thirty (30) calendar day appeal period begins on the day following the date of the order, decision or other action.

(b) If the appeal is not filed with the Board at its Cheyenne office within thirty (30) calendar days of the order, decision or other action, the appeal shall be dismissed with prejudice for being untimely, except that a quarantine may be appealed at any time during the quarantine.

(i) The name and address of the Complainant filing the appeal.

(ii) The order, decision or action which is being appealed (attach the order or decision being appealed).

(iii) A statement in ordinary, but concise language of the facts on which the appeal is based, including whenever possible particular reference to the statutes, rules or orders that the Complainant alleges have been violated.

(iv) The name and address of the Complainant's attorney, if any.

(v) A statement indicating whether the Complainant is requesting an informal hearing or whether the Complainant is requesting to proceed immediately to a formal contested case hearing. Requesting to proceed to an informal hearing is at the sole discretion of the Complainant.

Section 5. Informal Hearing Process.

(a) If the Complainant requests an informal hearing, the informal hearing shall be held before two (2) Board members who shall be selected by the Chairman of the Board or his designee.

(b) The informal hearing is an opportunity for the parties to discuss the appeal, present their arguments and reach a negotiated settlement with the assistance of the two (2) selected Board members.

(c) The informal hearing shall be held within forty five (45) days after the Complainant's request, however, the two (2) Board members shall have the discretion to extend this time period.

(d) The informal hearing may be conducted by phone or in person.

(e) Wyoming Rule of Evidence 408 will be applied to the informal hearing process.

(f) During the informal hearing, the Complainant may be represented by his attorney and the Wyoming State Veterinarian, Director or their designee may be represented by an Assistant Attorney General.

(g) If the parties are unable to reach a negotiated settlement within sixty (60) days after the Complainant's request for an informal hearing, the appeal shall proceed to a formal contested case hearing as outlined in Section 6 of these rules. The two (2) selected Board members shall have the discretion to extend this time period.

(h) The Board members who participate in the informal hearing shall not sit on the Board during the formal contested case hearing nor participate in the Board's final decision and order. The two selected Board members who participated in the informal hearing may not discuss the appeal with the remaining Board members until a final decision and order is issued following the formal contested case hearing.

(i) There is no requirement that the Complainant participate in an informal hearing prior to requesting or participating in a formal contested case hearing.

Section 6. Formal Contested Case Hearing Process.

(a) If the Complainant requests a formal contested case hearing before the Board, the Board shall forward the appeal to the Office of Administrative Hearings.

(b) The Office of Administrative Hearings shall act as the hearing officer and shall preside over the formal contested case hearing.

(c) The Office of Administrative Hearings shall conduct the formal contested case hearing pursuant to the Wyoming Administrative Procedure Act and the Office of Administrative Hearings' rules concerning contested case proceedings.

(d) The Complainant can either represent himself or have an attorney represent him during the formal contested case hearing.

(e) An Assistant Attorney General shall represent the Wyoming State Veterinarian, Director or Director's designee during the formal contested case hearing.

(f) At least a quorum of the Board shall be present during the formal contested case hearing.

(g) During the formal contested case hearing, Board members may ask questions of the witnesses and/or the parties including their attorneys.

(h) A court reporter shall be present during and report the entire formal contested case hearing.

Section 7. Decision and Order.

(a) Following the formal contested case hearing, the Board shall deliberate and announce its decision and order. The Board shall subsequently issue its decision and order in writing within the time frame prescribed by its statutes, rules or the Wyoming Administrative Procedure Act. If no time frame is prescribed, the Board shall issue its decision and order within forty five (45) calendar days following the conclusion of the formal contested case hearing.

(b) The decision and order shall be adopted by a majority of the Board members present during the formal contested case hearing.

Section 8. Appeals to District Court. Appeals to the District Court from decisions of the Wyoming Livestock Board are governed by W.S. 16-3-114, Rule 12 of the Wyoming Rules of Appellate Procedure and by W.S. 11-19-103(g)(iv).

Section 9. Transcript in Case of Appeal. In case of an appeal to the District Court, the party appealing shall secure and file a transcript of the testimony and other evidence offered at the hearing with the Board, which transcript must be verified by the oath of the reporter who took the testimony as a true and correct transcript of the testimony and other evidence in the case. The cost of making the transcript shall be paid by the party appealing.

History

Effective 2008-11-12

Chapter 8 Livestock Board Import Rules

Wyo. Code R. 051.0001.8.10292025 § 1 Authority

Pursuant to Wyoming Statute §§ 11-18-103(a)(v) and 11-32-102, the Wyoming Livestock Board promulgates the following rules.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 2 Definitions

When interpreting these rules, the singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to effect their purpose. The following definitions apply to these rules:

(a) "Accredited Veterinarian" means a veterinarian approved by USDA APHIS VS to perform functions required by cooperative state-federal disease control and eradication programs.

(b) "Adjacent State Contiguous Property Movement Permit" means a permit issued by the Board and signed by the state Animal health official of the adjacent state that permits a person with contiguous property overlapping a state border to move Animals across the state line on the contiguous property without a CVI.

(c) "Animal" means any living vertebrate that is not a human being, excluding those animals covered in W.S. § 23-3-301(a).

(d) "Approved Livestock Market" means a livestock market that is licensed by the Board and that has a signed livestock market agreement with USDA APHIS VS.

(e) "Approved Tagging Site" means the premises, authorized by a USDA APHIS VS, state, or tribal Animal health official, where livestock without Official Individual Identification may be transferred to have Official Individual Identification applied on behalf of their owner or the person in possession, care, or control of the Animals when they are brought to the premises.

(f) "Biologic Agent" means any biologic product used for agricultural or veterinary purposes, including semen, embryos, and vaccines, but does not include specimens imported to a laboratory for diagnostic purposes.

(g) "Board" means the Wyoming Livestock Board.

(h) "Bovinae" means a subfamily classification of the family Bovidae. For the purposes of these rules, Bovinae specifically means Animals in the genus Bos (domestic cattle and yaks) and Animals in the genus Bison (domestic bison Animals) regardless of age or gender and specifically includes both beef and dairy Animals.

(i) "Bovine" means sexually intact male and female Bovine of the genus Bos of any breed.

(j) "Brucellosis" means any of the species-specific disease conditions caused by bacteria in the genus Brucella, including Brucella abortus, Brucella canis, Brucella mellitensis, Brucella ovis, or Brucella suis.

(k) "Brucellosis Designated Surveillance Area" or "DSA" means the area defined by the Board's Chapter 2 Rules.

(l) "Camelid" means a mammal that includes alpacas, camels, guanacos, llamas, and vicunas.

(m) "Certificate of Veterinary Inspection (CVI)" means a uniquely numbered official document that is either a paper certificate or an electronic CVI (eCVI) format that is able to be transmitted electronically and that is approved by the eCVI Standards and Approval Subcommittee of the National Assembly of State Animal Health Officials.

(n) "Commuter Permit" means a written permit that:

(i) Allows for the movement between Wyoming and an adjacent state of Bovinae, sheep, and goats as well as any equine used for herd management purposes;

(ii) Is approved by state Animal health officials in the state of origin and the state of destination prior to movement; and

(iii) Contains:

(A) The origin and destination locations;

(B) The herd composition; and

(o) "Designated Feedlot" means any feedlot that is designated by the Board to feed livestock—with no provision for grazing—and that properly identifies and manages Restricted Livestock in a designated portion of the feedlot so as to prevent direct contact between Restricted and non-Restricted Livestock.

(p) "Direct Movement" or "Directly Moved" means movement of an Animal to its destination without unloading or commingling with other Animals not moving to the same destination.

(q) "Exhibition Purposes" means Animals, other than Recreational Cattle and Bison, that are imported to Wyoming exclusively to attend a Wyoming exhibition without commingling with other livestock at any premises other than the exhibition, and that leave Wyoming within 21 days of entry into Wyoming without changing ownership.

(r) "Extended Equine Certificate of Veterinary Inspection" means a unique CVI for equines generated by GlobalVetLink or a similar company approved by the Wyoming State Veterinarian.

(s) "Feral Animal" means a domestic Animal, regardless of ownership status, that is not under the control of nor cared for by a person and that has returned to a wild or semi-wild state.

(t) "Germplasm" means the genetic material of semen, oocytes, embryos, and cloning tissue.

(u) "Hatching Egg" means an egg from any Poultry that are to be used for hatching purposes.

(v) "Immediate Slaughter" means the Direct Movement to and slaughter of an Animal within three working days at a Recognized Slaughter Establishment.

(w) "NPIP Form VS 9-3" means a form used to document interstate sales and movement of Hatching Eggs, Poultry, and flightless birds.

(x) "NPIP" means the National Poultry Improvement Plan.

(y) "Official Brucellosis Vaccinate" means an Official Adult Vaccinate or an Official Calfhood Vaccinate as defined in the Board's Chapter 2 rules.

(z) "Official Individual Identification" means any form of identification approved by USDA APHIS VS in accordance with the Animal Disease Traceability Rule (9 C.F.R. part 86) or any other identification device approved by the Wyoming State Veterinarian.

(aa) "Poultry" means domestic birds such as chickens, ducks, geese, guineas, peacocks, coturnix quail, and turkeys.

(bb) "Premises of Origin" means the farm, ranch, or other location that an Animal resided on immediately prior to entering Wyoming.

(cc) "Quarantine" means a document issued by the Wyoming State Veterinarian or a state Animal health official that restricts the movement of specific Animals.

(dd) "Recognized Slaughter Establishment" means any slaughter establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601-695) or state law.

(ee) "Recreational Cattle and Bison" means cattle previously or currently used for recreational purposes, such as rodeo events, roping events, cutting events, penning events, gymkhanas, and steer wrestling events.

(ff) "Restricted Livestock" or "Restricted Animal" means livestock or an animal whose movement or use is limited due to disease control or other regulatory reasons, such as those requiring permits or specific handling procedures.

(gg) "Show Lamb Fungus," also known as ring worm, means a contagious skin disease commonly caused by Trichophyton verrucosum.

(hh) "Trichomoniasis" means a contagious venereal disease of Bovine, caused by the protozoan Tritrichomonas foetus.

(ii) "Trichomoniasis Test Eligible Bull" means any non-virgin, sexually intact male Bovine or any male Bovine 18 months of age and older.

(jj) "Tuberculosis" means a chronic, progressive disease caused by the bacteria Mycobacterium bovis in Bovinae and other species, including humans.

(kk) "USDA APHIS VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(ll) "VS Form 1-27" means the Permit for Movement of Restricted Animals form created and supplied by USDA APHIS VS and issued by a state or federal Animal health official or designee or by an Accredited Veterinarian.

(mm) "Wildlife" has the same meaning as W.S. § 23-1-101, which includes all wild mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks, and wild bison designated by the Wyoming Game and Fish Commission and the Wyoming Livestock Board within Wyoming.

(nn) "Wyoming State Veterinarian" means the Wyoming State Veterinarian or a designee.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 3 Penalty for a Violation of Rules

Pursuant to W.S. §§ 11-19-111 and 11-1-103, violations of these rules may result in criminal charges, Quarantine of Animals, seizure of Animals, and civil liability for damages caused by a violation.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 4 Incorporation of Federal Regulations

(a) For the federal regulations incorporated by reference in these rules:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any amendments or editions of the incorporated matter later than June 25, 2024;

(iii) The agency originally issuing the incorporated matter has copies of it readily available to the public; and

(iv) The Board maintains the incorporated matter, which are available for public inspection and copying at cost at 1934 Wyott Drive, Cheyenne, WY 82002.

(b) The following regulations are incorporated by reference in these rules, so long as the provisions are not inconsistent with the laws and rules of the State of Wyoming:

(i) The following parts of Title 9 of the United States Code of Federal Regulations, which are available electronically at: https://www.ecfr.gov/

(A) Part 71;

(B) Subparts A and B of Part 77;

(D) Part 79;

(E) Part 86;

(F) Part 88; and

(G) Part 89.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 5 General Import Requirements

(a) Any person importing, causing to be imported, or directing to be imported any Animal into Wyoming shall comply with these rules and all applicable federal Animal health regulations unless directed otherwise by the Wyoming State Veterinarian.

(b) A person may not import an Animal into Wyoming unless the person has a current CVI issued in compliance with these rules and all applicable state and federal Animal health regulations with the following exceptions:

(i) An Animal consigned for Direct Movement from a Premises of Origin within the United States to an Approved Livestock Market or to a Recognized Slaughter Establishment for Immediate Slaughter.

(ii) An Animal Directly Moved to a Wyoming licensed veterinarian for treatment, diagnosis, or testing, and then Directly Moved back to the Premises of Origin.

(iii) An Animal returning to Wyoming on a Commuter Permit or an Adjacent State Contiguous Property Movement Permit as detailed in Section 15 of these rules.

(iv) A Wyoming origin Animal that Directly Moved from Wyoming to an out-of-state veterinarian for veterinary treatment and then Directly Moved back to the Wyoming Premises of Origin.

(v) An equine moving on a valid Extended Equine Certificate of Veterinary Inspection in compliance with its requirements, which at a minimum include, an examination by an Accredited Veterinarian, a negative Equine Infectious Anemia test, Official Individual Identification, and a real-time travel log.

(c) A commercial Animal carrier importing one or more Animals must stop at the first Port of Entry encountered in Wyoming.

(d) A person, including an Animal owner, an owner's agent, a consignor, a consignee, and a transporter, shall not:

(i) Import any Animal into Wyoming unless each person transporting Animals has in the vehicle physical possession of or immediate electronic access to all required documents related to the Animals being transported;

(ii) Divert any Animal imported into Wyoming from the Wyoming destination stated on the CVI without the prior written permission of the Wyoming State Veterinarian; and

(iii) Import any Animal into Wyoming unless all such conveyances used in the transportation of Animals are maintained in a clean and sanitary condition, including disinfection as may be required, and in compliance with state and federal Animal health and transportation regulations.

(e) No person may import a Feral Animal into Wyoming, except Feral equine within the APHIS/BLM Wild Horse and Burro Partnership may be imported if pre-approved by the Wyoming State Veterinarian.

(f) Importation of Wildlife is governed by the Wyoming Game and Fish Commission's rules.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 6 Certificates of Veterinary Inspection and Official Individual Identification

(a) A CVI for an Animal intended for importation into Wyoming is not valid unless:

(i) It is issued by an Accredited Veterinarian who has personally performed a visual inspection of the Animal;

(ii) It is complete and legible; and

(iii) All other requirements for identification, testing, treatment, vaccinations, and declarations are met.

(b) CVIs are valid for 30 days from the date of issuance unless otherwise specified by order of the Wyoming State Veterinarian.

(c) A CVI must be received at the Board's office from the Animal health official of the state of origin or the issuing Accredited Veterinarian within 14 days of issuance.

(d) Each CVI shall contain the following information:

(i) The name, mailing address, phone number, and physical address of the consignor and the physical address of the Premises of Origin of each Animal if different from the consignor's physical address;

(ii) The name, mailing address, phone number, and physical address of the consignee, and the physical address of the Animal's Wyoming destination if different from the consignee's physical address;

(iii) The printed name and signature, mailing address, phone number, and National Accreditation Number of the issuing Accredited Veterinarian;

(iv) The number of Animals included on the CVI;

(v) The species of Animals included on the CVI;

(vi) The age of each Animal;

(vii) The gender of each Animal;

(viii) The purpose for which each Animal is being moved;

(ix) Verification that each Animal being moved is in good health and not showing sign of contagious, infectious, or communicable disease, including any required statements;

(x) The date of required testing, the specific test, the specific test result, and the herd or flock certification number, if applicable;

(xi) The date and name of each required vaccination, if applicable;

(xii) A list of each Official Individual Identification or other approved individual identification of each Animal, or if preapproved by the Wyoming State Veterinarian, the statement "All animals in this shipment are officially individually identified"; and

(xiii) For Animals used in circuses, carnivals, and petting zoos, the owner's USDA exhibitor license number, unless USDA regulations exempt the owner from the licensure requirement.

(e) Any Animal to be imported and that is covered by 9 C.F.R. part 86 must have Official Individual Identification unless an exception is provided in these rules, and the Official Individual Identification tag shall not be removed following importation.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 7 Requirements for Importing Bovinae

(a) Any person importing one or more Bovinae into Wyoming must comply with Sections 5 and 6 unless otherwise provided in this section.

(b) Identification requirements.

(i) All sexually intact Bovinae 12 months of age and older shall each have Official Individual Identification.

(ii) All dairy Bovinae regardless of age shall each have Official Individual Identification.

(iii) All Bovinae imported for Exhibition Purposes and all Recreational Cattle and Bison shall each have Official Individual Identification.

(iv) Prior to entering the Brucellosis Designated Surveillance Area, all sexually intact female Bovinae, regardless of age, must be identified with Official Individual Identification except calves still by their mother's side.

(v) Bovinae Directly Moving to an Approved Tagging Site are not required to be officially identified prior to import, but must have the following statement on the accompanying CVI: "Bovinae in this shipment are moving to an Approved Tagging Site."

(vi) All Bovinae originating from any foreign country whether imported directly or indirectly must be identified in accordance with USDA requirements, which may not be removed during the life of the Animal.

(vii) A female Bovinae spayed prior to entry must be identified with a spay tag or another method approved by the Wyoming State Veterinarian and must be accompanied by either a statement from the veterinarian who spayed the heifer attesting to its neutered status or a statement on the CVI attesting to its neutered status.

(i) All sexually intact female Bovinae imported into Wyoming shall be Official Brucellosis Vaccinates, unless they are still by their mother's side and less than 12 months of age. The following are exemptions from this requirement:

(A) Sexually intact female Bovinae that are Directly Moved to a Designated Feedlot for terminal feeding;

(B) Sexually intact female Bovinae less than 12 months of age that are imported into the part of Wyoming outside of the Designated Surveillance Area for feeding or seasonal grazing purposes only; and

(ii) Verification of official vaccination status requires a copy of the vaccination certificate and corresponding Official Individual Identification or a legible official vaccination tattoo in the right ear.

(iii) All Bovinae imported into Wyoming and remaining for breeding purposes are subject to the Board's Chapter 2 rules.

(d) Trichomoniasis requirements for Bovinae:

(i) This subsection (d) applies only to cattle.

(ii) Trichomoniasis Test Eligible Bulls being imported into Wyoming for breeding purposes shall test negative to a Tritrichomonas fetus Polymerase Chain Reaction (PCR) test conducted at an American Association of Veterinary Laboratory Diagnosticians or International Organization for Standardization or equivalent accrediting organization-approved laboratory, within 60 days prior to entry with no exposure to females for 14 days prior to test and from the time of test until import.

(iii) Trichomoniasis Test Eligible Bulls being imported into an Approved Livestock Market to be sold for breeding purposes shall test negative to a Tritrichomonas fetus Polymerase Chain Reaction (PCR) test conducted at an American Association of Veterinary Laboratory Diagnosticians or International Organization for Standardization or equivalent accrediting organization-approved laboratory, within 14 days prior to sale.

(iv) Female Bovinae over 12 months of age intended for breeding purposes shall not be imported from a herd under Quarantine for Trichomoniasis or known to be affected with or exposed to Trichomoniasis.

(v) Trichomoniasis Test Eligible Bulls entering Wyoming do not have to comply with Section 7(d)(ii) if:

(A) They are returning to a Wyoming Premises of Origin from an out-of-state artificial insemination collection facility where no exposure to female Bovinae has occurred;

(B) They are returning to Wyoming pursuant to a Commuter Permit or Adjacent State Contiguous Property Movement Permit and they have not been exposed to any female Bovinae other than those covered by the applicable permit. Bulls exposed to any female Bovinae other than those covered by the applicable permit will require a negative T. fetus PCR test prior to their next turn out with female Bovinae; or

(vi) Trichomoniasis Test Eligible Bulls being imported into Wyoming for Exhibition Purposes or as Recreational Cattle are exempt from the Trichomoniasis test requirements, but shall remain under confinement at the recreational or exhibition premises and shall not be allowed to commingle with female Bovine.

(vii) If a Trichomoniasis Test Eligible Bull escapes confinement or breaches a fence and commingles with Bovine under separate ownership, the requirements of the Board's Chapter 15 rules apply.

(e) Tuberculosis requirements:

(i) All Recreational Cattle and Bison six months of age and older shall have a negative Tuberculosis test within 12 months prior to importation.

(ii) Unless otherwise directed by the Wyoming State Veterinarian, no Tuberculosis test is required for Bovinae imported into Wyoming that are not Recreational Cattle and Bison.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 8 Requirements for Importing Camelids

(a) Any person importing one or more Camelids into Wyoming must comply with Sections 5 and 6 unless otherwise provided in this section.

(b) Each Camelid imported must be identified with Official Individual Identification, breed registration tattoo, or microchip, and each identification device or method must be listed on the CVI.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 9 Requirements for Dogs, Cats, and Ferrets

(a) Any person importing a dog, cat, or ferret into Wyoming must have the following documents based on the reason for importation:

(i) For each Animal that is changing ownership, the importing person must have:

(A) A CVI;

(B) Proof of current rabies vaccination if the Animal is three months of age or older; and

(C) For each dog intended for breeding purposes that is six months of age or older, a negative test result for Brucella canis recorded on the CVI.

(ii) For each Animal that is being transferred or is traveling to a shelter, rescue, foster home, or any other similar facility:

(A) A CVI;

(B) Proof of current rabies vaccination if the Animal is three months of age or older; and

(C) For each dog (intact or spayed or neutered) six months of age or older, a negative test result for Brucella canis recorded on the CVI.

(b) If a person is traveling with a dog, cat, or ferret that is the person's pet, the person only needs to have proof of current rabies vaccination for each Animal if the Animal is three months of age or older.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 10 Requirements for Importing Flightless Birds, Including Ostriches and Emus

(a) Any person importing one or more flightless birds into Wyoming must comply with Sections 5 and 6 unless otherwise provided in this section.

(b) A CVI or a NPIP Form VS 9-3 is required for all flightless birds, including ostriches and emus, entering Wyoming.

(i) Originate from an NPIP certified flock or other state Animal health official approved plan with a clean flock designation for Salmonella pullorum, or

(ii) Have a negative test result for Salmonella pullorum within 30 days prior to entry.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 11 Requirements for Importing Hatching Eggs and Poultry

(a) A CVI or a NPIP Form VS 9-3 is required for all Hatching Eggs and Poultry entering Wyoming.

(b) A copy of the CVI or the NPIP Form VS 9-3 shall be attached to each container in which the Poultry are being shipped. Each container of Poultry or Hatching Eggs imported into Wyoming shall be labeled with the following information:

(i) The name and address of the shipper;

(ii) The number of Poultry or Hatching Eggs in the container;

(iii) The breed of the Poultry or Hatching Eggs in the container;

(iv) The sex of the Poultry in the container;

(v) The age and hatch date of the Poultry in the container; and

(vi) The name of the hatchery or person producing the Poultry or Hatching Eggs in the container.

(c) All Poultry imported for Exhibition Purposes, resale, commercial egg or meat production, or breeding purposes shall either:

(i) Originate from an NPIP certified flock or other state Animal health official approved plan clean flock designation; or

(ii) Have a negative test result for Salmonella pullorum within 30 days prior to entry.

(d) All Hatching Eggs imported into Wyoming must originate from a hatchery or a breeding flock that is classified as Salmonella pullorum clean under an NPIP or state Animal health official approved plan.

(e) No Hatching Egg or Poultry shall be imported into Wyoming that originates from a Quarantine area or disease control area suspected of harboring Poultry disease unless permitted by the Wyoming State Veterinarian.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 12 Requirements for Importing Equine

(a) Any person importing one or more equines into Wyoming must comply with Sections 5 and 6 unless otherwise provided in this section.

(b) A negative Equine Infectious Anemia test performed within 12 months prior to importation is required, except for foals six months of age and less, accompanying and not yet weaned from their birth mothers.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 13 Requirements for Importing Sheep or Goats

(a) Any person importing one or more sheep or goats into Wyoming must comply with Sections 5 and 6 unless otherwise provided in this section.

(b) A sheep or goat imported for breeding or Exhibition Purposes regardless of age and sheep or goats over 18 months of age must have Official Individual Identification.

(i) Within 30 days prior to importation, a sexually intact male sheep over six months of age shall test negative for Brucella ovis using the enzyme linked immunoassay or other test approved by the Wyoming State Veterinarian except as provided below:

(A) It is imported from a state certified Brucella ovis free flock and the certified flock number is recorded on the CVI.

(B) It is returning to Wyoming pursuant to a Commuter Permit or Adjacent State Contiguous Property Movement Permit. A sexually intact male sheep over six months of age that is exposed to any female sheep other than those moving under the permit must test negative prior to its next turn out with female sheep.

(C) It is returning to its Wyoming Premises of Origin from an artificial insemination collection facility where no female exposure has occurred.

(d) Scrapie requirements.

(i) Sexually intact sheep or goats exposed to any known or suspected Scrapie positive Animal or to Premises where Scrapie positive Animals have been kept may not be imported into Wyoming except sheep and goats enrolled in a Scrapie Post Exposure Management and Monitoring Plan approved by USDA APHIS VS, the state Animal health official from the state of origin may be imported with the prior written approval of the Wyoming State Veterinarian.

(e) Show Lamb Fungus requirements for sheep.

(i) A sheep imported as a show market sheep (club lamb) shall be examined prior to importation and found free of Show Lamb Fungus.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 14 Requirements for Importing Swine

(a) Any person importing one or more swine into Wyoming must comply with Sections 5 and 6 unless otherwise provided in this section.

(b) All swine must have an Official Individual Identification tag, and the tag number must be listed on the CVI. However, swine imported under a Wyoming State Veterinarian approved swine production health plan as defined in 9 C.F.R. § 71.1 are exempt from the Official Individual Identification and CVI requirements in this subsection.

(d) A person importing swine into Wyoming from a swine Brucellosis-free state and pseudorabies stage V (free) state is not required to test them for Brucellosis or pseudorabies.

(e) No person may import into Wyoming swine that have been vaccinated for pseudorabies.

(f) Brucellosis test requirements.

(i) Swine from a state or area with a Brucellosis status lower than USDA APHIS VS validated Brucellosis free shall test negative for Brucellosis within 30 days prior to importation except for the following:

(A) Swine from a validated Brucellosis free herd; or

(B) Swine Directly Moved for Immediate Slaughter.

(g) Pseudorabies requirements.

(i) Swine from a state or area with a Pseudorabies Stage IV status or lower shall test negative for Pseudorabies within 30 days prior to importation except for the following:

(A) Swine from a qualified Pseudorabies negative herd.

(B) Swine Directly Moved for Immediate Slaughter.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 15 Commuter Permits and Adjacent State Contiguous Property Movement Permits

(a) To be eligible for a Commuter Permit:

(i) A livestock owner or manager shall own or control property in Wyoming and in a state adjacent to Wyoming; and

(ii) Animals to be covered by a Commuter Permit shall originate from a breeding herd or flock that has been established for more than six months and moving only for grazing purposes.

(b) To be eligible for an Adjacent State Contiguous Property Movement Permit, a livestock owner or manager shall own or control a contiguous parcel of property in Wyoming and in a state adjacent to Wyoming.

(c) To obtain either type of permit, a livestock owner or manager must submit to the state Animal health official of the state of origin the following:

(i) A complete, legible permit application, available from the Board;

(ii) Copies of all current test charts for:

(A) Trichomoniasis (cattle);

(B) Brucellosis (if the Bovinae originate from or are destined for a Brucellosis Designated Surveillance Area in any state);

(D) Equine Infectious Anemia (equines) from within the last 12 months; and

(iii) For an Adjacent State Contiguous Property Movement Permit, a map showing the location and boundaries of the contiguous property in both states.

(d) Applications should be submitted at least 14 days before the movement date to ensure sufficient processing time before the movement date.

(e) Once approved by both the state Animal health official of the state of origin and the state of destination, the applicable permit will be issued. The Wyoming State Veterinarian may deny the permit if the applicant has violated Wyoming livestock law or the Board's rules.

(f) A person moving Animals under either type of permit must ensure that each Animal meets the requirements of these Chapter 8 rules.

(g) A permit holder is not exempt from complying with any brand inspection requirements for each Animal moving under the permit.

(h) A person moving any Animals from an adjoining state under a Commuter Permit shall enter Wyoming with a CVI and a copy of the Commuter Permit. As provided in Section 6, the CVI must contain a list of each Animal's Official Individual Identification. The person must submit to the Wyoming State Veterinarian a copy of the CVI within five days of issuance.

(i) Wyoming-origin Animals returning to Wyoming under a Commuter Permit may enter without a new CVI if the original CVI for movement to the adjacent state and a copy of the Commuter Permit accompany the return shipment.

(j) Non-Wyoming origin Animals returning to the Premises of Origin on a Commuter Permit shall meet the adjacent state's import requirements but can return using the same CVI that was provided to enter Wyoming.

(k) A Commuter Permit expires 30 days after the approximate date of return to the state-of-origin stated on the application.

(l) An Adjacent State Contiguous Property Movement Permit expires on December 31 of the year it is issued.

(m) The Wyoming State Veterinarian may revoke a permit at any time for disease control, non-compliance with the permit conditions, a violation of Wyoming livestock law, or a violation of Board rules.

(n) Appeals for permit denial or revocation may be made to the Board in accordance with the Board's Chapter 7 rules.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 16 Interstate Shipments with a VS Form 1-27

A person may not transport interstate Animal shipments under a specified restriction by the USDA APHIS VS into or through Wyoming unless the person has:

(a) A VS Form 1-27 for the Animal shipment; and

(b) Prior approval from the Wyoming State Veterinarian.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 17 Quarantined Animals

(a) An Animal that enters Wyoming in violation of these rules shall be Quarantined at the owner or agent's expense and shall be subject to all inspection, test, treatment, and vaccination requirements at the owner or agent's expense as outlined in the Quarantine release requirements.

(b) A Quarantined Animal may only be moved pursuant to a VS Form 1-27 and with prior approval by the Wyoming State Veterinarian.

History

Effective 2025-10-29

Wyo. Code R. 051.0001.8.10292025 § 18 Requirements for Importing Biologic Agents and Germplasm

(a) No person may import Biologic Agents into Wyoming except for Biologic Agents that are USDA APHIS licensed, permitted, or approved. Additionally, any Biologic Agent that is classified as an animal remedy as defined in W.S. § 11-17-202(a)(iii) must also comply with any requirements in W.S. §§ 11-17-201 through 11-17-209 and any applicable rules of the Wyoming Department of Agriculture.

(b) Notwithstanding subsection (a), a person must obtain written approval from the Wyoming State Veterinarian prior to importing:

(i) Any virulent Biologic Agents;

(ii) Biologic Agents not licensed or federally approved; or

(iii) Any Biologic Agent that originates from a Quarantined premises or an area suspected of harboring disease.

History

Effective 2025-10-29

Chapter 9 Brand Inspection, Permit, and Brand Recording Fees

Wyo. Code R. 051.0001.9.06242022 § 1 Authority

(a) The following rules are promulgated pursuant to Wyoming Statutes 11-18-103(a)(v), 11-20-103(b), 11-20-115, 11-20-125, 11-20-212, 11-20-223, 11-20-401, and 11-20-402.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.9.06242022 § 2 Definitions

(a) The definitions in W.S. 11-20-101, Chapter 21 of the Board's rules, and the following definitions apply to these rules:

(i) "Brand Inspection Form" means a document or brand inspection certificate created and issued by the Board for the purpose of implementing the Brand Inspection Program. Brand Inspection Forms include:

(A) A Form - A document issued for intrastate or interstate movement of livestock and also issued when a change of ownership occurs.

(B) B Form - A document issued at licensed Wyoming livestock markets as title and clearance to transport livestock to the destination listed.

(D) G Form - A document issued for the intrastate movement of livestock to a Wyoming livestock market, and for interstate movement of cattle, horses, mules, and asses to any Board-approved out-of-state livestock market where Wyoming brand inspection is maintained.

(E) H Form - A document issued for intrastate movement of work, show, or rodeo stock valid for one year from the date of issue.

(F) L Form - A document with a raised seal issued as a permanent or lifetime inspection to the owner of livestock used for rodeo, show, racing, pleasure, or Wyoming farm or ranch work. This document constitutes prima facie evidence of ownership of the livestock as described on the Form and is void upon change of ownership.

(ii) "Brand Inspector" means an agent or employee of the Board authorized to perform brand inspections pursuant to W.S. 11-20-201.

(b) The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.9.06242022 § 3 Predator Management Fees

(a) Pursuant to W.S. 11-6-210(a), the predator management fee is set by each predator management district board and collected by Brand Inspectors.

(b) It is the responsibility of the livestock owner to provide the Brand Inspector with documentation showing that the predator management fee has been collected for the previous 12 months.

(c) Sheep and cattle taken out-of-state and re-branded with a Brand recorded in another state or province prior to being shipped back into Wyoming are considered out-of-state sheep and cattle and are subject to any applicable predator management fees.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.9.06242022 § 4 Brand Inspection Fees

(a) Pursuant to W.S. 11-20-401(a) and 11-20-402, brand inspection fees are as follows:

(i) $1.85 per head on all branded or unbranded cattle, including any hide or carcass, inspected on the A or B Forms except those cattle that qualify for the G Form authorized by W.S. 11-20-217 or the in-state range movement permits authorized by W.S. 11-20-212 and the out-of-state accustomed range permits authorized by W.S. 11-20-223.

(ii) $0.40 per head on all sheep, including any hide or carcass, inspected on the A or B Forms.

(iii) $15.00 per head for the first ten head of horses, asses, or mules, including any hide or carcass, inspected on the A or B Forms, and $1.50 for each additional horse, ass, or mule, including any hide or carcass, inspected at the same time and place.

(iv) $12.00 surcharge per inspection by the Brand Inspector. The surcharge will be waived in cases where no mileage is incurred by the Brand Inspector or where the inspection is done at an approved location, licensed livestock market, or at events such as youth events, shows, or rodeos where inspections are performed as a regular part of event check-in or weigh-in procedures.

(v) $25.00 for each L Form issued pursuant to W.S. 11-20-224.

(vi) $16.00 per animal for the first ten head of livestock inspected under the H Form and $1.50 for each additional head inspected pursuant to W.S. 11-20-225.

(vii) $1.85 for each certificate issued to a hide buyer as required by W.S. 11-23-204.

(viii) Actual hourly cost of $16.50 per hour plus mileage costs as provided by W.S. 9-3-103 for any nonmandatory inspections requested by a livestock owner or his agent.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.9.06242022 § 5 Certificates and Agreements in Lieu of Inspection

(a) Pursuant to W.S. 11-20-217, the fee is $1.00 per head for cattle, horses, asses, or mules moving interstate to any Board approved out-of-state livestock markets where Wyoming brand inspection is maintained.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.9.06242022 § 6 Range Permits

(a) Pursuant to W.S. 11-20-212 and 11-20-402(a)(x), the fee for an in-state range movement permit is $100.00 for the first permit issued to an individual applicant and $85.00 for each additional permit issued.

(b) Pursuant to W.S. 11-20-223 and 11-20-402(a)(viii), the fee for an out-of-state accustomed range permit is equal to 35% of the inspection fees in Section 4(a)(i) through (iii) of these rules.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.9.06242022 § 7 Brand Recording Fees

(a) Pursuant to W.S. 11-20-103(b), the application fee for recording a brand is $200.00 for the first species of livestock and $100.00 for each additional species of livestock for which the brand will be used. If the Board denies a Brand application, the Board will retain $50.00 for application research for the first species of livestock and $25.00 for application research for each additional species of livestock. These fees also apply to an application for a change of location.

(b) Pursuant to W.S. 11-20-116(a), the fee for renewing a previously recorded brand is $400.00 and will cover any additional species of livestock for which the brand was previously recorded.

(c) Pursuant to W.S. 11-20-116(a), if a Brand Owner elects to extend a Brand's Active Term beyond 10 years, the fee is an additional $400.00 for each 10 year period selected up to 50 years. If a Brand Owner elects to extend a Brand's Active Term beyond 50 years and up to 100 years, then the fee for each 10 year period is an additional $250.00. Accordingly,

(i) A Renewal for 20 years is $800.00.

(ii) A Renewal for 30 years is $1,200.00.

(iii) A Renewal for 40 years is $1,600.00.

(iv) A Renewal for 50 years is $2,000.00.

(v) A Renewal for 60 years is $2,250.00.

(vi) A Renewal for 70 years is $2,500.00.

(vii) A Renewal for 80 years is $2,750.00.

(viii) A Renewal for 90 years is $3,000.00.

(ix) A Renewal for 100 years is $3,250.00.

(d) Pursuant to W.S. 11-20-116(b), the fee for recording a bill of sale or other instrument Transferring ownership of a recorded brand is $137.50 for each recorded brand.

(e) Pursuant to W.S. 11-20-115(a), to renew a Delinquent Brand, a Brand Owner must pay the delinquent fee of $150.00 in addition to the required Renewal fee.

(f) Pursuant to W.S. 11-20-115, the fee for reissuing an Abandoned Brand is the same as for renewing a Brand.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.9.06242022 § 8 Fees for Modifying a Brand's Active Term

(a) The fees for modifying a Brand's Active Term are as follows:

(i) For modifying a Brand's Active Term to coincide with another Brand's Active Term that is two years into the future, 20% of the Renewal fee or $80.00.

(ii) For modifying a Brand's Active Term to coincide with another Brand's Active Term that is four years into the future, 40% of the Renewal fee or $160.00.

(iii) For modifying a Brand's Active Term to coincide with another Brand's Active Term that is six years into the future, 60% of the Renewal fee or $240.00.

(iv) For modifying a Brand's Active Term to coincide with another Brand's Active Term that is eight years into the future, 80% of the Renewal fee or $320.00.

History

Effective 2022-06-24

Chapter 10 Livestock Board Service Fees

Wyo. Code R. 051.0001.10.07102018 § 1 Authority

Pursuant to the authority vested in the Wyoming Livestock Board by virtue of Wyoming Statute § 16-4-204, and W.S. § 16-3-103(j).

History

Effective 2018-07-10

Wyo. Code R. 051.0001.10.07102018 § 2 Purpose

. The purpose of these rules is to establish fees for Agency office services.

History

Effective 2018-07-10

Wyo. Code R. 051.0001.10.07102018 § 3 Definitions

(a) "Applicant" means the person that is making the public records request.

(b) "Clerical/support staff" means employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(c) "Electronic public record" means a public record that is primarily or solely stored in an electronic format. Typically, the custodian will only be able to produce a copy of the original electronic public record due to the native format, security, and integrity of the original data or electronic record.

(d) "Information technology staff" means employees who perform duties relating to retrieving, compiling, constructing, formatting, or extracting electronic public records located on computer systems, software, servers, or networks. Information technology staff employees may also perform computer programming or other computer services relating to electronic public records.

(e) "Professional staff" means employees who are not clerical/support or information technology staff as defined herein. Professional staff employees perform administrative, managerial, or professional duties.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under W.S. 16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

Effective 2018-07-10

Wyo. Code R. 051.0001.10.07102018 § 4 Electronic Public Records

(a) Production and Construction Costs. Under W.S. 16-4-202(d)(i), a custodian shall charge an applicant the reasonable costs of producing and constructing a copy of an electronic public record for inspection and copying. This cost may include, but is not limited to, the time spent retrieving, compiling, sorting, reviewing, redacting, formatting, converting, or copying the electronic public record, as well as activities required to create or construct a new electronic public record from existing data sources and all associated programming and computer services.

(b) Minimum Requirement to Charge Costs. Production and construction costs will be charged only if they exceed $180.00. If the costs exceed $180.00, the initial $180.00 will be a credit and not charged to the applicant. If electronic production and/or construction costs for a request total $180.00, the applicant will not be charged any costs for production and/or construction of said electronic records. If, for example, the production and/or construction costs for a request total $200.00, the applicant will be charged $20.00. The initial $180.00 is a credit upon the total amount charged for the production and/or construction of electronic records. Applicants may not use multiple record requests to evade this $180.00 threshold. The custodian has discretion to consolidate public records requests that he or she reasonably believes have been drafted and submitted to evade this $180.00 threshold.

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(d) Payment. The custodian must provide the applicant with an estimate of the reasonable costs of production and construction of the electronic public records. The applicant must pre-pay the estimated costs before the custodian produces or constructs the electronic public records or provides any copies for inspection. Payment shall be made to the custodian. If the custodian reaches the limit of the payment by the applicant, the custodian will produce the records that are ready and available at that point and will provide an additional estimate pursuant to this subsection prior to continuing with the request.

(e) Refund. If a custodian estimates and receives costs exceeding the actual time required to produce and construct the electronic public records, the custodian shall refund the excess charge received at the same time that he allows the applicant to inspect the electronic public records.

(f) Inspection. The custodian shall notify the applicant in writing when copies of the electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(g) Request Priority. Requests that are at or below the $180.00 threshold will be handled expeditiously by the custodian and will take priority over other public record requests that are above the threshold.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

Effective 2018-07-10

Wyo. Code R. 051.0001.10.07102018 § 5 Non-Electronic Public Records

(a) Inspection. The custodian shall notify the applicant in writing when copies of the non-electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph. Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i) Scanning non-electronic public records. $0.10/page

(ii) Electronic Media (disk, thumb drive, etc.). Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i) Mailing, including cost of the shipping container. Actual Cost

(ii) Facsimile. Actual Cost

History

Effective 2018-07-10

Chapter 12 Rules Governing Brucella Ovis

Wyo. Code R. 051.0001.12.06072023 § 1 Authority

Pursuant to Wyoming Statute § 11-18-103(a)(v), the Wyoming Livestock Board promulgates the following rules.

History

Effective 2023-06-07

Wyo. Code R. 051.0001.12.06072023 § 2 Definitions

(a) "Board" means the Wyoming Livestock Board.

(b) "Brucella ovis Exposed Ram" means any test negative or untested Test Eligible Ram that has been in contact with a Brucella ovis Infected Ram during the last 45 days.

(d) "Common Grazing" means any common pasturing arrangement on all private, state, tribal, or federal lands or any combination thereof in which ovine from two or more Flock or Herd Units not under common ownership can commingle.

(e) "ELISA Test" means the enzyme-linked immunoassay test used on serum to establish the individual animal and Flock status for Brucella ovis.

(f) "Flock" or "Herd Unit" means a group of one or more ovine with one or multiple owners that is managed as one flock or herd.

(g) "Indeterminate Test Results" means an ELISA Test with results in a low positive range that does not verify infection status.

(h) "Official Individual Identification" means any official identification device conforming to the National Uniform Eartagging System, National Scrapie Eradication Program Identification Requirements, or National Animal Disease Traceability Rule Identification Requirements.

(i) "Official Test" means a test to detect the presence of Brucella ovis that is approved by the Wyoming State Veterinarian and one of the following:

(i) The American Association of Veterinary Laboratory Diagnosticians;

(ii) The National Veterinary Services Laboratory; or

(iii) An International Organization for Standardization (ISO) accredited laboratory.

(j) "PCR Test" means the Polymerase Chain Reaction test used on semen from Brucella ovis indeterminate rams and low positive rams.

(k) "Test Eligible Ram" means any ram over six months of age.

(l) "Virgin Ram" means any ram six months of age or younger that has not had breeding contact.

(m) "Wyoming Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine in Wyoming and is accredited by the United States Department of Agriculture, Animal Plant Health Inspection Service, Veterinarian Services to perform accredited duties in the state of Wyoming.

History

Effective 2023-06-07

Wyo. Code R. 051.0001.12.06072023 § 3 Certification Requirements

(a) The Board will issue a Brucella ovis free certificate for a Flock upon receipt of Official Test results showing that all Test Eligible Rams in the Flock have tested negative for Brucella ovis on two, consecutive Official Tests performed on samples taken 45 to 120 days apart. If a Flock owner receives Indeterminate Test Results for any Test Eligible Ram, that ram must be retested more than 30 days after receiving the Indeterminate Test Results with either the ELISA Test or the PCR Test and test negative.

(b) All samples for an Official Test shall be collected by a Wyoming Accredited Veterinarian or a veterinary technician working under the supervision of a Wyoming Accredited Veterinarian. The person who collected the samples shall record the Official Individual Identification of the rams tested on the test chart and shall submit the test chart and the samples to an approved laboratory for testing.

(c) A Flock owner must apply annually for renewal of their Brucella ovis free Flock certificate by testing all Test Eligible Rams between the 30th day before the certificate's expiration date and the 30th day after the certificate's expiration date and by submitting the Official Test results to the Board's office. If all Official Test results are negative, the Board will renew the Flock owner's Brucella ovis free Flock certificate.

History

Effective 2023-06-07

Wyo. Code R. 051.0001.12.06072023 § 4 Test Requirements for Common Grazing

(a) All Test Eligible Rams that will graze on Common Grazing lands or that will be used by Common Grazing participants for breeding purposes prior to Common Grazing shall test negative on one Official Test prior to turn out.

(b) Virgin Rams are exempt from the testing requirement in Section 4(a).

(c) If all Flock owners participating in a Common Grazing arrangement request a testing waiver in writing, the State Veterinarian may grant a testing waiver.

(d) Before a Flock owner may turn out Test Eligible Rams onto Common Grazing lands, the Flock owner must submit to the Board's office copies of the Official Test results showing that each Test Eligible Ram tested negative.

(e) A Flock owner who participates in a Common Grazing arrangement may request the State Veterinarian to investigate whether the other participants are complying with these rules. Upon receiving the request in writing, the State Veterinarian shall investigate and take appropriate action in a timely manner.

History

Effective 2023-06-07

Wyo. Code R. 051.0001.12.06072023 § 5 Test-Positive and Exposed Rams

(a) A Brucella ovis Exposed Ram may not be sold for breeding purposes until the ram has tested negative on an Official Test not less than 45 days after the last contact with a Brucella ovis Infected Ram.

(b) If a Flock owner receives Indeterminate Test Results for any Test Eligible Ram, that ram must be retested more than 30 days after receiving the Indeterminate Test Results with either the ELISA Test or the PCR Test and test negative before it may be sold for breeding purposes.

History

Effective 2023-06-07

Chapter 13 Scrapie Prevention and Management

Wyo. Code R. 051.0001.13.05202016 Scrapie Prevention and Management

Wyoming Livestock Board Scrapie Prevention and Management Rules

CHAPTER 13

Section 1. Authority to Create Rules. Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W. S. 11-18-103(a)(v), the following rules are hereby promulgated.

Section 2. Purpose of Rules. These rules are adopted to establish Scrapie prevention and management protocol for the State of Wyoming.

Section 3. Severability. If any portion of these rules is found to be invalid or unenforceable, the remainder of the rules shall continue in effect.

Section 4. Definitions Used in Rules. The following definitions apply to these rules:

(a) "Board" means the Wyoming Livestock Board, State Board, whose current address is 1934 Wyott Drive, Cheyenne, WY 82002-0051, (307) 777-7515.

(b) "Caprine" means a ruminant mammal of the genus Capra.

(c) "Category II Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine and is approved by the USDA/APHIS to perform Category II accredited duties on all livestock species and poultry in the specific state(s) where he or she practices.

(d) "Contemporary Birthing Group" means all Caprine or Ovine born during the same birthing season and in the same facility.

(e) "Commingling" means animals from different owners, distinct Herds, or Flocks that are grouped together and have physical contact.

(f) "DSE" means the designated Scrapie epidemiologist who is a state or federal veterinarian designated by USDA/APHIS to make decisions about the use and interpretation of diagnostic tests and field investigation data and the management of Scrapie-affected Flocks.

(g) "Epidemiology" means the investigation of the patterns, causes, and effects of health and disease conditions in and between defined populations.

(h) "Exposed" means any Caprine or Ovine that has been in the same Flock and on the same Premise at the same time or within the previous sixty (60) months as a Scrapie Positive Caprine or Ovine.

(i) "Flock" means all Caprine and/or Ovine maintained together on a single Premise or maintained together under common ownership on two or more Premises with interchange between the Premises. Caprine or Ovine maintained temporarily on a Premise for activities such as shows and sales or while in marketing channels are not a Flock. More than one Flock may be maintained on a single Premise providing Commingling, as defined in the UMR, does not occur.

(j) "High Risk" means any Caprine or Ovine determined by epidemiologic investigation to face an increased probability of developing Scrapie because the Caprine or Ovine was genetically susceptible to Scrapie, and is either:

(A) A progeny of a Scrapie-positive dam; born in the same Contemporary Birthing Group as a Scrapie Positive Caprine or Ovine; or

(B) Born in the same Contemporary Birthing Group as progeny of a Scrapie Positive Caprine or Ovine dam.

(k) "Infected Flock" means any Flock in which a female Scrapie Positive Caprine or Ovine may have lambed, kidded or aborted as determined by a state or USDA/APHIS representative.

(l) "NVSL" means the USDA/APHIS National Veterinary Services Laboratory at Ames, Iowa.

(m) "Official Individual Identification" means any form of identification approved by USDA/APHIS in the UMR and that identifies the Caprine or Ovine to the Flock of birth or to the Flock in which the Caprine or Ovine most recently resided for breeding when the Flock of birth cannot be determined.

(n) "Ovine" means a ruminant mammal of the genus Ovis.

(o) "Owners Statement" means a written statement by the owner that includes the:

(i) Owner's name;

(ii) Owner's signature;

(iii) Owner's address;

(iv) Owner's telephone number;

(v) Date the Caprine and/or Ovine left the Flock of origin;

(vi) The identification number assigned to the Premise;

(vii) The number of animals; and

(viii) A statement that the animals were either born or used for breeding on the Premise.

(p) "PEMMP" means a post exposure management and monitoring plan which is a written agreement signed by the owner of a Flock, any Accredited Veterinarian employed by the owner, and a State or USDA/APHIS representative in which each participant agrees to undertake specified actions to reduce the risk of the occurrence of Scrapie and to monitor for the occurrence of Scrapie in the Flock for at least sixty (60) months after the last High Risk or Scrapie Positive Caprine or Ovine is removed from the Flock or after the last exposure of the Flock to a Scrapie Positive Caprine or Ovine unless the monitoring time is otherwise specified by a State or USDA/APHIS representative. The Flock owner must provide the facilities and personnel needed to carry out the required elements listed in the plan.

(q) "Premise" means the ground, area, building and equipment occupied by one or more Caprine or Ovine.

(r) "Quarantine" means a document issued by the Board which restricts movement of Caprine or Ovine.

(s) "Scrapie" means a nonfebrile, transmissible, insidious, degenerative disease affecting the central nervous system of an Ovine or Caprine that cause a spongiform encephalopathy.

(t) "Scrapie Positive Caprine or Ovine" means any Caprine or Ovine, that has tested positive on an official test for Scrapie at the WSVL or the NVSL.

(u) "Suspect" means a Caprine or Ovine:

(i) Determined to be suspicious for Scrapie by an Accredited Veterinarian or a State or USDA/APHIS representative and exhibiting any of the following clinical signs of Scrapie:

(A) Weight loss despite retention of appetite;

(B) Behavioral abnormalities;

(D) Wool pulling;

(E) Biting at legs or side;

(F) Lip smacking;

(G) Motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny-hop movement of rear legs, or swaying of back end;

(H) Increased sensitivity to noise and sudden movement; tremor, star gazing, head pressing, recumbency, or other signs of neurological disease; or

(I) Chronic wasting; or

(ii) Testing positive for Scrapie or for the protease-resistant protein associated with Scrapie on an unofficial test or a screening test.

(v) "UMR" means the Scrapie Eradication Uniform Methods and Rules as issued and amended as of June 2013, which are cooperative procedures and standards adopted by USDA/APHIS/VS and participating states for controlling and eradicating Scrapie. These Rules do not include any later amendments of the UMR past June, 2013.

(w) "USDA/APHIS/VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(x) "USDA/APHIS/VS/AD" means the USDA/APHIS/VS Assistant District Director who is the veterinary official of USDA/APHIS/VS assigned to supervise and perform the official animal health work of USDA/APHIS/VS in Wyoming.

(y) "WSVL" means the Wyoming State Veterinary Laboratory.

(z) "Wyoming State Veterinarian" means a Wyoming Accredited Veterinarian, employed by the Board, who serves as the State Veterinarian for the State of Wyoming as outlined in W.S. 11-19-101.

Section 5. Incorporation of Federal Regulations Used in Rules.

(a) The Code of Federal Regulations (CFR). The following Code of Federal Regulations provisions, being too long and cumbersome to incorporate the full text, shall be incorporated by reference in these rules: 9 CFR 54.8 (1-1-14 Edition) Pages 187-189; 54.10, pages 189-190; 54.20; 54.21; and 54.22, pages 190-191; and 9 CFR 79.1, 79.2, 79.3, 79.4, 79.5, 79.6 and 79.7 (1-1-14 Edition), pages 317-340 shall be adopted by the Board in so far as those procedures are not inconsistent with the rules, regulations and laws of the State of Wyoming. These rules do not include any later amendments of the adopted CFRs past January 1, 2016. This document is available to the public at the office of the Board and online at: http://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title09/9cfr2_main_02.tpl.

(b) The United States Department of Agriculture, Animal and Plant Health Inspection Service's Scrapie Eradication Uniform Methods and Rules as issued and amended June 2013, being too long and cumbersome to incorporate the full text, shall be incorporated by reference in these rules. These rules do not include any later amendments of the UMR past June 2013. Copies of the UMR are available to the public at the office of the Board and online at: https://www.aphis.usda.gov/animal_health/animal_diseases/scrapie/downloads/umr_scra pie.pdf

Section 6. Identification Requirements of Caprine and Ovine.

(a) The owner of Caprine or Ovine required to be individually identified (listed in subsection b below) shall apply Official Individual Identification to each Caprine or Ovine not already officially identified prior to change of ownership and prior to Commingling with another producer's Caprine or Ovine.

(b) Caprine and Ovine required to have Official Individual Identification:

(i) All breeding Caprine and Ovine;

(ii) All Caprine and Ovine for exhibition;

(iii) All sexually intact Caprine and Ovine upon change of ownership; and

(iv) All Caprine and Ovine over eighteen (18) months of age.

(i) Caprine and Ovine shipped directly to an approved slaughter facility or an approved market when all the animals in a section of a truck are from the same Premise of origin and are accompanied by an Owners Statement; and

(ii) Caprine and Ovine moved for grazing or similar management reasons whenever the animals are moved from a Premise owned or leased by the owner of the animals to another Premise owned or leased by the owner of the Caprine or Ovine.

(d) Premise identification may be used as Official Individual Identification as provided in the UMR.

(e) No person shall apply a Premise identification number or a brand or earnotch pattern to any Caprine or Ovine that is not from the Flock of origin to which the identification number, brand or earnotch pattern was assigned or recorded.

(f) If a Caprine or Ovine is already identified with Official Individual Identification, do not apply additional Official Individual Identification.

Section 7. The Removal of Official Individual Identification is Prohibited. No unauthorized person shall remove or tamper with any Official Individual Identification.

Section 8. Recordkeeping Requirements of Caprine and/or Ovine for Veterinarians, Dealers, Slaughter Facilities and Tagging Sites.

(a) For all Caprine or Ovine, records of applied tags must be kept for at least 5 years and made available to the Wyoming State Veterinarian.

(b) Applied tag records shall include the tag number, date applied, Flock owner and contact information to include physical address and phone number.

Section 9. Record Keeping Requirements for Sellers and Purchasers of Caprine and/or Ovine.

(a) The following persons shall maintain records sufficient to enable State or USDA/APHIS authorities to trace Caprine or Ovine to all Flocks in which they have resided and to determine their final disposition:

(i) Persons who purchase, deal in, or sell Caprine or Ovine, over eighteen (18) months of age;

(ii) Persons who purchase, deal in, or sell breeding Caprine or Ovine;

(iii) Persons who act as commission representatives or brokers of such Caprine or Ovine; and

(iv) Persons who operate or conduct an auction at which Caprine or Ovine are sold.

(b) The persons listed above shall maintain records that include the following minimum information:

(i) The number of Caprine or Ovine sold or purchased;

(ii) The date of the transaction;

(iii) The name and address of the person with whom the transaction occurred;

(iv) The species, breed and age of the Caprine or Ovine involved in the transaction;

(v) A copy of the required movement document; and

(vi) The Official Individual Identification number(s) of any tag applied at the time of the transaction.

(d) Records must be made available to the Wyoming State Veterinarian.

Section 10. Record Keeping Requirements for Caprine and/or Ovine Feedlot Operators.

(a) Records of all Caprine or Ovine entering and leaving a terminal feedlot must include the person from whom the Caprine or Ovine were acquired and the slaughtering facility in which they were slaughtered.

(b) Records must be kept for a minimum of twelve (12) months after the Caprine or Ovine leaves the feedlot.

Section 11. Show and Sale Requirements for Caprine and/or Ovine.

(a) If Caprine or Ovine, that are within thirty (30) days of parturition (or that are postpartum, have aborted, or are pregnant and have a vaginal discharge), are allowed at a show, special arrangements shall be made to keep them separate from Caprine or Ovine from different Flocks such that direct contact does not occur and they shall be kept in an area that can and shall be properly cleaned and disinfected.

(b) Should a kidding or lambing occur at the show:

(i) The placenta, placental fluids, and bedding must be removed immediately and disposed of in a sanitary landfill or by another method approved by the State.

(ii) The dam and her offspring shall:

(A) Be removed from the show grounds; or

(B) Separated from Caprine or Ovine from different Flocks using:

(I) Double fencing with twelve (12) inch spacing between fences; or

(II) Solid partitions such that direct contact does not occur.

(iii) The pen must be thoroughly cleaned and disinfected before use by another Caprine or Ovine.

Section 12. Reporting of Suspect and Scrapie Positive Caprine or Ovine. Suspect and Scrapie Positive Caprine or Ovine must be reported by the Category II Accredited veterinarian and the livestock owner to the Wyoming State Veterinarian pursuant to W.S. §11-19-101 and the USDA/APHIS/VS/AD within forty-eight (48) hours.

Section 13. Protocol Used for Suspect and Scrapie Positive Caprine or Ovine.

(a) The following protocol will be used for Suspect and Scrapie Positive Caprine or Ovine:

(i) The Wyoming State Veterinarian shall immediately Quarantine the Flock where the Caprine or Ovine resides;

(ii) The Wyoming State Veterinarian shall cooperate with the DSE in implementing an investigation and Epidemiology of the case; and

(iii) Procedures outlined in the UMR for managing infected, trace and source Flocks shall be used by the Wyoming State Veterinarian and his or her designee and the USDA/APHIS/VS/AD and his or her designee.

(b) Suspect or Scrapie Positive Caprine or Ovine shall not be moved from the Premise where identified, except under permit issued by the Wyoming State Veterinarian to:

(i) A research facility designated by USDA/APHIS;

(ii) To a site for destruction; or

(iii) To the Flock of origin for Quarantine when appropriate.

(d) At the conclusion of the investigation, all Suspect or Scrapie Positive Caprine or Ovine:

(i) Shall either be purchased for diagnostic purposes and necropsied; or

(ii) Shall be maintained under Quarantine until:

(A) Found to be free of Scrapie and released from Quarantine;

(B) Released pursuant to the PEMMP; or

(e) Suspect or Scrapie Positive Caprine or Ovine at slaughter facilities must be condemned in accordance with regulations of the USDA/APHIS/VS and reported to the USDA/APHIS/VS/AD so that samples can be collected for diagnosis or Epidemiology and the carcass removed from the food chain.

Section 14. Movement of Caprine or Ovine Held Pursuant to Quarantine. No Suspect or Scrapie Positive Caprine or Ovine shall be removed from the Premise unless accompanied by a written permit issued by the Wyoming State Veterinarian or until the Quarantine is released.

Section 15. Release of Caprine or Ovine Held Pursuant to Quarantine.

Quarantine shall be released pursuant to compliance with all requirements of the UMR and by concurrence of the Wyoming State Veterinarian, DSE and the USDA/APHIS/VS/AD.

Section 16. Depopulation and Carcass Disposition of Suspect or Scrapie Positive Caprine or Ovine. Caprine or Ovine depopulation and carcass disposition shall be done in accordance with the UMR.

History

Effective 2016-05-20

Chapter 14 Presentation of Official Forms By Licensed And Accredited Veterinarians

Wyo. Code R. 051.0001.14.06072023 Presentation of Official Forms By Licensed And Accredited Veterinarians

3762

CHAPTER 14

PRESENTATION OF OFFICIAL FORMS BY LICENSED

AND ACCREDITED VETERINARIANS

Section 1. Authority. Pursuant to Wyoming Statute § 11-18-103(a)(v), the Wyoming Livestock Board promulgates the following rules.

Section 2. Definitions.

(a) The following definitions are applicable for these rules:

(i) "Board" means the Wyoming Livestock Board.

(ii) "CFR" means the Code of Federal Regulations.

(iii) "Certificate of Veterinary Inspection (CVI)" means an Electronic Certificate of Veterinary Inspection or a Paper Certificate of Veterinary Inspection the form of which is provided by the Board to Wyoming Accredited Veterinarians.

(iv) "Electronic Certificate of Veterinary Inspection (eCVI)" means an electronic format of a Certificate of Veterinary Inspection approved by the National Assembly of State Animal Health Official's eCVI Standards and Approval Subcommittee that is able to be transmitted electronically.

(v) "Official Form" means any paper or electronic laboratory diagnostic submission form, reporting form, certificate, CVI, or movement document relating to state or federal disease programs that is approved by the Board, USDA APHIS VS, the Wyoming State Veterinary Laboratory, or an agency in another state that oversees livestock health. Official Form includes test charts, vaccination certificates, quarantine movement documents, and reportable disease reports.

(vi) "USDA APHIS VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(vii) "Wyoming Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine in Wyoming and is accredited by USDA APHIS VS to perform accredited duties in the state of Wyoming.

Section 3. Adoption of Federal Regulations.

(a) For all regulations incorporated by reference in these rules:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any amendments or editions of the incorporated matter later than March 3, 2022;

(iii) The agency originally issuing the incorporated matter has copies of it readily available to the public; and

(iv) The Board maintains the incorporated regulations, which are available for public inspection and copying at cost at 1934 Wyott Drive, Cheyenne, WY 82002-0051.

(b) The following regulations are incorporated by reference in these rules:

(i) 9 CFR parts 160-162, found electronically at: https://www.ecfr.gov/current/title-9/chapter-I/subchapter-J

Section 4. Use of Official Forms. To document animal health status, Wyoming Accredited Veterinarians may only use Official Forms as defined in these rules. The Board will not accept forms other than Official Forms.

Section 5. Loss of Accreditation or License. If a veterinarian loses or does not renew his or her accreditation from APHIS or Wyoming veterinary license, that veterinarian must:

(a) Return to the Board all unused copies of Official Forms regardless of where or how the veterinarian obtained the Official Forms; and

(b) If required by the Board, submit copies of issued Official Forms to the Board.

Section 6. Submission of Certificates of Veterinary Inspection and Official Forms.

(a) Once a Wyoming Accredited Veterinarian has issued a Paper CVI, the Wyoming Accredited Veterinarian must ensure that the Board receives the "state of origin" and "state of destination" copies within seven calendar days of issuance. If a Wyoming Accredited Veterinarian submits a copy of the issued Paper CVI to the Board by facsimile or email within three business days of issuance, then the Wyoming Accredited Veterinarian must send the "state of origin" and "state of destination" copies to the Board before the end of the quarter of the year that the Paper CVI was issued.

(b) The "carrier" copy must accompany the shipment of livestock. The Wyoming Accredited Veterinarian must keep the "veterinarian" copy for at least five years.

(d) Laboratory diagnostic submission forms must accompany and be submitted with the samples they represent.

(e) Vaccination certificates must be submitted to the Wyoming USDA APHIS VS office within 14 calendar days after performing the vaccinations.

(f) Quarantine documents must be submitted to the Board office by the next business day following issuance.

Section 7. Legibility and Completeness of Certificates of Veterinary Inspection and Official Forms.

(a) A Wyoming Accredited Veterinarian shall ensure that all applicable sections of Official Forms are completed with all of the required information and are legible. A Wyoming Accredited Veterinarian shall ensure that all required statements, test results, and other health information required by the state of destination as well as all laboratory-required information for submissions on an Official Form are complete. If an Official Form is illegible, the Board may require the Wyoming Accredited Veterinarian to resubmit the document electronically or to typewrite the information and resubmit the document.

(b) All required identification for the specific animals being moved, tested, vaccinated, or quarantined must be listed on the Official Form.

(c) All CVIs and quarantine documents shall clearly provide a specific physical address of destination for the animals described on the document, and the issuing veterinarian shall ensure compliance with the federal import regulations and those of the state or area of destination.

Section 8. Inspection of Animals Included on Certificates of Veterinary Inspection. A CVI shall not be issued unless the Wyoming Accredited Veterinarian has personally performed a visual inspection of the animals.

History

Effective 2023-06-07

Chapter 15 Trichomoniasis Rules

Wyo. Code R. 051.0001.15.01072026 § 1 Authority to Create Rules

. Pursuant to Wyoming Statute § 11-18-103(a)(v), the Wyoming Livestock Board promulgates the following rules.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 2 Definitions

. When interpreting these rules, the singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to effect their purpose. The following definitions apply to these rules:

(a) "Approved Livestock Market" means a livestock market that is licensed by the Board and that has a signed livestock market agreement with USDA APHIS VS.

(b) "Board" means the Wyoming Livestock Board.

(d) "Common Grazing Arrangement" means any common pasturing arrangement on any private, state, tribal, or federal lands or any combination thereof in which Bovine from two or more Herd Units not under common ownership can commingle.

(e) "Designated Feedlot" means any feedlot that is designated by the Board to feed livestock and that properly identifies and manages Restricted Livestock in a designated portion of the feedlot so as to prevent direct contact between Restricted and non-Restricted Livestock.

(f) "Direct Movement" or "Directly Moved" means movement of a Bovine to its destination without unloading or commingling with other Bovine not moving to the same destination.

(g) "Herd Unit" means a group of one or more Bovine with one or multiple owners that is managed as one herd.

(h) "Infected Herd Unit" means a Herd Unit in which one or more Bovine have been diagnosed as a Trichomoniasis Infected Bovine.

(i) "Official Trichomoniasis Test Identification Tag" means an ear tag that is authorized by the Board and placed in either ear of a Test Eligible Male Bovine.

(j) "Pooled Samples" means samples combined at a diagnostic laboratory from two to five male Bovine with the same owner.

(k) "Recognized Slaughter Establishment" means any slaughter establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601-695) or state law.

(l) "Restricted Livestock" means livestock whose movement or use is limited due to disease control or other regulatory reasons, such as those requiring permits or specific handling procedures.

(m) "State Veterinarian" means the Wyoming State Veterinarian or a designee.

(n) "T. foetus PCR Test" means a Polymerase Chain Reaction diagnostic assay approved by the State Veterinarian that detects genetic material of Tritrichomonas foetus.

(i) Conducted on a properly collected and handled diagnostic sample to detect the presence of the organism Tritrichomonas foetus; and

(ii) Performed by authorized personnel at a diagnostic laboratory.

(o) "Test Eligible Male Bovine" means:

(i) Any non-virgin, male Bovine;

(ii) Any male Bovine over 24 months of age; or

(iii) Any weaned male Bovine from a Trichomoniasis Exposed Herd Unit or an Infected Herd Unit.

(p) "Trichomoniasis" means a contagious venereal disease of Bovine caused by the protozoan Tritrichomonas foetus.

(q) "Trichomoniasis Certified Veterinarian" means a Wyoming licensed veterinarian who has successfully completed a Board approved Trichomoniasis certification training, passed the test, and been issued a certificate.

(r) "Trichomoniasis Exposed" means a Bovine that has commingled or had fence line contact with a Trichomoniasis Infected Bovine or an Infected Herd Unit.

(s) "Trichomoniasis Infected" means a Bovine that has a positive result for T. foetus on a PCR diagnostic assay.

(t) "Quarantine" means a document issued by the State Veterinarian that restricts the movement of specific Bovine.

(u) "Quarantine Release Plan" means a written document outlining the requirements that the owner or manager must satisfy before the State Veterinarian will release a Quarantine of an Infected Herd Unit.

(v) "USDA APHIS VS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(w) "V Brand" means a 2" X 3" hot iron single V character brand applied to the left tail-head of a Bovine signifying that the Bovine is Trichomoniasis Infected or a Trichomoniasis Exposed male Bovine that has not been released from quarantine.

(x) "VS Form 1-27" means the Permit for Movement of Restricted Animals form created and supplied by USDA APHIS VS and issued by a state or federal animal health official or designee or by an Accredited Veterinarian.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 3 Veterinarians to be Certified in the Collection Techniques and Handling of Trichomoniasis Samples

(a) Only a Trichomoniasis Certified Veterinarian may collect a diagnostic sample for T. foetus PCR Testing. The collection and submission protocol shall be consistent with the recommendations and requirements of the diagnostic laboratory. A copy of the protocols may be obtained from the diagnostic laboratory.

(b) When submitting a sample to the Wyoming State Veterinary Laboratory, a properly completed official Trichomoniasis test submission form provided by the Board must accompany the sample.

(c) When submitting a sample to other diagnostic laboratories, the Trichomoniasis Certified Veterinarian is responsible for recording all Test Eligible Male Bovine identification information and the owner or manager's contact information and produce it upon request by the State Veterinarian.

(d) Trichomoniasis Certified Veterinarians shall recertify at least once every five years.

(e) The Board will provide certification programs.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 4 Duty to Report Trichomoniasis to State Veterinarian

(a) A Trichomoniasis Certified Veterinarian shall notify the owner and the State Veterinarian within 24 hours of receiving a positive T. foetus result.

(b) Any diagnostic laboratory that reports a positive T. foetus result for any Bovine in Wyoming shall notify the State Veterinarian within 24 hours of confirmation.

(c) If requested, the Trichomoniasis Certified Veterinarian shall submit all T. foetus PCR Test records to the State Veterinarian within seven days.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 5 Trichomoniasis Testing Requirements

(a) The owner or manager of a Test Eligible Male Bovine to be sold, loaned, or leased for reproductive purposes in Wyoming must have a negative T. foetus PCR Test result for the Test Eligible Male Bovine before the sale or lease. Upon completion of a written waiver request from both the buyer and seller, the State Veterinarian may grant an exemption to this testing requirement if one of the following situations apply to the Bovine to be sold:

(i) The Test Eligible Male Bovine is from a Herd Unit that is changing ownership as a whole and will continue to reside on the same premises; or

(ii) A virgin male Bovine over 24 months of age if the owner or manager and herd veterinarian supply all information requested by the State Veterinarian necessary to make a waiver determination and the State Veterinarian grants a waiver.

(b) All male Bovine tested for Trichomoniasis shall be identified with an Official Trichomoniasis Test Identification Tag, which the Trichomoniasis Certified Veterinarian shall record on the test record along with any other identification present. If no identification is present on any male Bovine, the Trichomoniasis Certified Veterinarian or the owner or manager shall apply identification, which the Trichomoniasis Certified Veterinarian shall record on the test record.

(c) A male Bovine being tested solely to meet another state's importation requirements must be identified with an official USDA-approved identification tag, but does not need to have the Official Trichomoniasis Test Identification Tag applied.

(d) Test Eligible Male Bovine sold at a Wyoming Approved Livestock Market must meet the following requirements:

(i) Have a negative T. foetus PCR Test result within two weeks prior to sale if sold for reproductive purposes; or

(ii) Be sold for slaughter only at a Recognized Slaughter Establishment or to a Designated Feedlot for terminal feeding.

(e) The buyer must ensure that the T. foetus PCR Test requirements are met prior to change of ownership.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 6 Common Grazing Arrangement Trichomoniasis Test Requirements

(a) The owner or manager of a Test Eligible Male Bovine in a Common Grazing Arrangement must have a negative T. foetus PCR Test result for that Bovine prior to turn out. The following are exemptions to this requirement:

(i) Test Eligible Male Bovine that tested negative for T. foetus after the previous breeding season and that have had no subsequent reproductive exposure; or

(ii) Test Eligible Male Bovine in a Common Grazing Arrangement if all owners or managers of Herd Units participating in the Common Grazing Arrangement submit a waiver request for all of the participants in writing and the State Veterinarian approves the request.

(b) A Herd Unit owner or manager who participates in a Common Grazing Arrangement may request the State Veterinarian to investigate compliance with these rules by participants of the Common Grazing Arrangement directly involving that producer's Bovine. The State Veterinarian shall investigate and take appropriate action in a timely manner.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 7 Trichomoniasis Infected Bovine and Infected Herd Units

(a) Under W.S. § 11-19-110(a), the owner or manager shall immediately confine and isolate Trichomoniasis Infected Bovine. The owner or manager shall hold any Bovine suspected to have Trichomoniasis on the premises until the State Veterinarian issues a Quarantine for the Trichomoniasis Infected Bovine and the Infected Herd Unit.

(b) The State Veterinarian shall Quarantine any Bovine testing positive to a T. foetus PCR Test and the Infected Herd Unit.

(c) The owner or manager shall inform the State Veterinarian of the total number of male Bovine and the total number of female Bovine in the Infected Herd Unit.

(d) Within seven days of being notified of a positive T. foetus PCR Test result, the owner or manager of a Trichomoniasis Infected Bovine shall cooperate with the State Veterinarian by providing him or her with the location of the Bovine that may have comingled or had fence line contact with the Trichomoniasis Infected Bovine and the names and contact information of all Bovine owners or managers of those Bovine. The State Veterinarian will verify the information provided with the area brand inspector and notify all adjacent landowners in writing of the herd infection.

(e) The State Veterinarian shall develop a Quarantine Release Plan with the owner or manager of the Trichomoniasis Infected Bovine.

(i) Unless the State Veterinarian directs otherwise:

(A) The owner or manager of a Trichomoniasis Infected male Bovine shall apply a V Brand on the Trichomoniasis Infected male Bovine within seven days of notification of a positive T. foetus PCR Test result, and before it may leave the Quarantined premises; and

(B) Bovine leaving the Quarantined premises must be accompanied with a VS Form 1-27.

(ii) Any Trichomoniasis Infected male Bovine must be either:

(A) Slaughtered on the premises for the owner or manager's use;

(B) With the State Veterinarian's written approval, euthanized and disposed of;

(D) Directly Moved to a Designated Feedlot or Approved Livestock Market followed by Direct Movement to a Recognized Slaughter Establishment; or

(E) If none of these options are feasible, moved or disposed of as directed by the State Veterinarian.

(iii) Following removal of all Trichomoniasis Infected male Bovine, all remaining male Bovine in an Infected Herd Unit shall be held under Quarantine until the conditions set forth in Section 8(b) and (c) for Trichomoniasis Exposed male Bovine are met.

(f) If the owner or manager of a Trichomoniasis Infected Bovine chooses to euthanize or slaughter it on the premises, the owner or manager must submit proof of euthanasia or slaughter to the State Veterinarian.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 8 Test Requirements for Trichomoniasis Exposed Male Bovine

(a) Trichomoniasis Exposed male Bovine shall be Quarantined until the test requirements outlined in this section are met and the results are reported to the State Veterinarian. T. foetus PCR Test results performed on Pooled Sample tests cannot be used for compliance with this section.

(b) One T. foetus PCR Test is required on all Test Eligible Male Bovine that have had fence line contact with a Trichomoniasis Infected Male Bovine or Herd Unit. The test must be completed within 60 days of notification unless otherwise approved by the State Veterinarian.

(c) Two T. foetus PCR Tests are required on all Test Eligible Male Bovine that have commingled with a Trichomoniasis Infected Male Bovine or Herd Unit. The first test must be conducted on the Test Eligible Male Bovine after a minimum of 14 days of sexual rest. The second test must be conducted within 7 to 21 days of the first test.

(d) Following a risk evaluation of the Trichomoniasis Exposed Herd Unit, the State Veterinarian may approve an exemption from the testing requirements. Any untested Trichomoniasis Exposed male Bovine must be either:

(i) Directly Moved to a Recognized Slaughter Establishment;

(ii) Directly Moved to a Designated Feedlot or Approved Livestock Market followed by Direct Movement to a Recognized Slaughter Establishment;

(iii) Slaughtered on the premises for the owner or manager's use; or

(iv) If none of these options are feasible, moved or disposed of as directed by the State Veterinarian.

Unless the State Veterinarian directs otherwise, the owner or manager of an untested Trichomoniasis Exposed male Bovine shall apply a V Brand on the Trichomoniasis Exposed male Bovine before it may leave the Quarantined premises. Bovine leaving the Quarantined premises must be accompanied with a VS Form 1-27, if required by the State Veterinarian.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 9 Female Bovine Subject to Quarantine

(a) Any non-virgin female Bovine in an Infected Herd Unit shall be held under Quarantine at the premises.

(i) The State Veterinarian may release a female Bovine from Quarantine if one of the following conditions is met:

(A) The female Bovine has had no male Bovine exposure for 120 days;

(B) The female Bovine has been diagnosed at least 120 days pregnant by a Wyoming licensed veterinarian; or

(C) The female Bovine has a calf at her side and has had no exposure to male Bovine other than known negative T. foetus male Bovine since parturition.

(ii) Quarantined female Bovine may be:

(A) Directly Moved to a Recognized Slaughter Establishment;

(B) Directly Moved to a Designated Feedlot;

(C) V-branded (unless the State Veterinarian approves an exemption) and Directly Moved to a Wyoming Approved Livestock Market and then Directly Moved to a Recognized Slaughter Establishment or a Designated Feedlot for terminal feeding; or

(D) Sold and Directly Moved to a Designated Feedlot.

(b) The Infected Herd Unit owner or manager shall assist the State Veterinarian in determining the destination of all non-virgin female Bovine that the owner or manager sold during the 12 months prior to the diagnosis of Trichomoniasis. The State Veterinarian shall make reasonable efforts to notify the recipients of these Bovine unless the State Veterinarian can verify that the female Bovine was diagnosed at least 120 days pregnant by a Wyoming licensed veterinarian.

History

Effective 2026-01-07

Wyo. Code R. 051.0001.15.01072026 § 10 Unauthorized Commingling

(a) Male Bovine used for recreational or exhibition purposes shall remain under confinement at the recreational or exhibition premises and shall not be allowed to commingle with female Bovine.

(b) If a male Bovine escapes confinement or breaches a fence and commingles with another owner or manager's Bovine, the State Veterinarian may require the offending male Bovine to be tested once with a T. foetus PCR Test. The test, if required, shall not be on Pooled Samples. The owner or manager of the offending male Bovine shall bear all costs for a required T. foetus PCR Test.

(c) The owner or manager of the affected Bovine shall verify that the offending male Bovine commingled with his Bovine by providing photos, individual identification, or any other relevant information to the State Veterinarian. These documents shall be sent electronically unless the State Veterinarian approves another method.

(d) The owner or manager of the affected Bovine shall contact the owner or manager of the offending male Bovine and the State Veterinarian within 30 days of the breach to request that the offending male Bovine be tested.

(e) The State Veterinarian shall monitor the status of the situation and ensure that the owner of the offending animals complies with this rule.

History

Effective 2026-01-07

Chapter 17 Brand Inspection and Recording Permits

Wyo. Code R. 051.0001.17.07112014 Brand Inspection and Recording Permits

Brand Inspection and Recording Permits

CHAPTER 17

Section 1. Authority to Create Rules.

(a) Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W.S. 11-20-212(d), W.S. 11-20-223(d), W.S. 11-20-125(c), and W.S. 11-20-402, the following rules are hereby promulgated.

Section 2. Purpose of Rules.

The purpose of these rules is to define the terms and procedures for establishing eligibility and criteria for In-State Range Movement Permits, Out-of-State Accustomed Range Permits, and Seasonal Brand Permits.

Section 3. Definitions

(a) For the purpose of implementing these rules, the definitions in W.S. 11-20-101 and the following definitions are applicable.

(i) "Accustomed Range" means a range or ranch which has been used for at least two (2) or more consecutive years for such purposes as specified in W.S. 11-20-223 including, but not limited to, pasturing, grazing, ranging or feeding of the livestock and can be verified with Brand Inspection Records for the last two (2) years.

(ii) "Agency Director" means Chief Executive Officer of the Wyoming Livestock Board; is empowered to act on their behalf (subject to their review) and to supervise and manage the employees of the agency.

(iii) "Authorized Agent" means a manager, employee, or an agent of the bona fide owner who has the authority to act on the behalf of the owner.

(iv) "Bona Fide Owner" means one who controls through ownership or lease ranch lands headquartered within Wyoming and owns a registered Wyoming Brand that is used on livestock.

(v) "Bona Fide Wyoming Resident Lessee" means a United States citizen who has a valid Wyoming Drivers License or Wyoming State issued identification and who has been a resident of Wyoming and domiciled in Wyoming for not less than one (1) year and who has not claimed residency elsewhere for any purpose during that one (1) year period. Having a Wyoming mailing address shall not alone prove Wyoming residency. Bona Fide Wyoming Resident Lessee also includes any legal alien who has resided continuously in Wyoming for at least one (1) year.

(vi) "Brand Commissioner" means the division administrator who directs the state Brand Inspection and Brand Recording Programs.

(vii) "Brand Inspection District Supervisor" means those brand inspectors that are appointed to supervise one of the state brand inspection districts.

(viii) "Commercial Lease or Use" means any business practices in which a livestock owner would receive financial compensation for the use or lease of his livestock which does not include a sale or change of ownership.

(ix) "Designated Agent of the Board" means a Brand Inspection District Supervisor, Brand Commissioner, State Veterinarian, or Agency Director.

(x) "Estray Livestock" means any livestock found in the Permit Holder's herd whose ownership is either determined to belong to a party other than the Permit Holder or any livestock for which there is no sufficient proof of ownership found upon inspection by a brand inspector.

(xi) "Home County" means the Wyoming county in which the Wyoming ranch headquarters is located.

(xii) "In-State Range Movement" means the movement of eligible livestock from a location in Wyoming to a noncontiguous location in another Wyoming county.

(xiii) "Movement History" means a history of movement of livestock from a location in Wyoming to a noncontiguous location in another county for at least two (2) or more consecutive years for the purposes of pasturing, grazing, ranging or feeding the livestock, veterinary care, commercial lease or use, or other Board approved movement that is deemed necessary for normal ranch management operating conditions and can be verified with brand inspection records for the last two (2) years.

(xiv) "Normal Ranch Management Operating Conditions" mean those business practices or procedures, which are considered by the Board to be normal and customary for the operation of a livestock enterprise.

(xv) "Original permit" means the official owner's copy of the Livestock Board permit with original signatures.

(xvi) "Out-of-State Brand" means a brand or mark evidencing ownership, and is legally registered in a state or province other than Wyoming.

(xvii) "Permit Holder/Permittee" means the individual or entity that has been issued an In-State Movement permit, Out of State Accustomed Range permit, or a Seasonal Brand permit.

(xviii) "Producer" means an owner or manager of livestock.

(xix) "Qualified Ranch" means a livestock producing business that operates from a specific location headquartered in Wyoming and has operated as a livestock business for at least two consecutive years, which can be verified by brand inspection records, and meets all other legal requirements to qualify for an In-State Range Movement Permit. A qualified ranch may include more than one location in more than one county within Wyoming.

(xx) "Ranch Headquarters" means the primary Wyoming location of the ranch operation.

(xxi) "Ranch Unit" means livestock that are managed as a single herd.

(xxii) "Seasonal Brand" means a livestock brand that is legally registered in another state or province and has been approved by the Board for use on cattle in Wyoming.

(xxiii) "State Veterinarian" means the veterinary official of the State authorized to supervise and perform the official animal health work of the State of Wyoming.

Section 4. Penalty for a Violation of Rules.

Penalties for a violation of these rules will be pursuant to law.

Section 5. In-State Range Movement Permit, Conditions, Qualifications.

(a) After a determination by the Brand Inspection District Supervisor or other designated agent of the Board that the applicant qualifies for the permit pursuant to this section, an In-State Range Movement Permit may be issued for the movement of livestock from the Qualified Ranch in Wyoming to a noncontiguous location in another county provided the livestock owner owns or leases a Qualified Ranch and meets certain criteria established as provided herein. Pursuant to W.S. 11-20-212(a), any applicant who wants to move livestock from his home county to multiple counties must apply for a separate permit for each county they desire to move to under the In- State Range Movement Permit. Multiple counties shall not be allowed on a permit.

(b) Each permit shall be made in triplicate. The original shall be given to the Permittee, one (1) copy shall be retained by the Brand Inspection District Supervisor, and one (1) copy shall be forwarded and filed with the office of the agency.

(i) Pasturing, grazing, ranging or feeding the livestock;

(ii) Veterinary care;

(iii) Commercial lease or use; or

(iv) Other Board approved movement that is deemed necessary for normal ranch management operating conditions. No movement on the permit shall be allowed if there is a change of ownership.

(d) In-State Range Movement Permits under this section shall be issued only to bona fide owners of ranch lands headquartered within Wyoming or to qualified Wyoming resident lessees of ranch lands headquartered within Wyoming or their authorized agents. A permit applicant must have a history of moving livestock from the qualified ranch to any noncontiguous location in another county for a Board approved activity for at least two (2) calendar years prior to qualifying for a permit. The two-year movement requirement provision may be waived by the Board or its designee provided the applicant requests a waiver from the Board in writing.

(e) A grazing Association shall not be considered an eligible permittee unless the livestock to be moved under the permit carry the grazing association's registered Wyoming Brand.

(f) If an applicant qualifies, the Board or designated agent of the Board may issue to the owner or his agent In-State Range Movement Permit and collect the fee imposed by W.S. 11-20-402.

(g) Each permit shall be good for the calendar year in which it is issued unless revoked for cause by the agency.

(h) Each permit shall be nontransferable.

(i) A permit copy shall be in the possession of the person in charge of any livestock being transported, trailed, or driven, and shall be shown upon request to any person authorized to enforce the brand inspection laws. If any person authorized to enforce the brand inspection laws requests the original permit, the permit holder must produce the original permit within 24 hours.

(j) The permit holder must apply to the Board for an In-State Range Movement Permit each calendar year.

(k) The In-State Range Movement Permit shall specify on the permit application the species of livestock to be moved, the place of origin and the destination county of all livestock to be moved, and evidence of ownership by brand record. Livestock moved under the permit must be branded with the Wyoming brand or Wyoming brands recorded on the permit. Failure to brand the livestock covered under this permit is a violation of the permit. A single permit may be issued to include more than one brand as long as the livestock covered by the permit are managed as a single ranch unit, and the owners of the brands have agreed in writing to issuance of the permit.

(l) All livestock included in the permit are subject to inspection at any time by any person authorized to enforce the brand inspection laws or designated agent of the Board and the person in charge of the livestock shall render the inspecting officer such assistance as is practicable during the requested inspection. The livestock shall be inspected without any additional charge if an authorized agent of the Board requests an inspection or if no estray livestock from the home county are found to have been moved under the permit. If estray livestock are found during the inspection and such livestock were moved under the terms of the permit, then all applicable inspection fees authorized under W.S. 11-20-402 shall be charged and collected from the permit holder.

(m) Any bona fide owner or bona fide Wyoming resident lessee or his authorized agent or designated agent of the Board may request that the livestock be inspected for brands and ownership at any time under the permit, and if requested the livestock shall be inspected. If no estray animals are found to have been moved under the permit during the inspection, any applicable fees authorized under W.S. 11-20-402 may be charged and collected from the party requesting the inspection. If estray livestock are found during the inspection, then all applicable inspection fees authorized under W.S. 11-20-402 shall be charged and collected from the permit holder.

(n) A permit holder must notify a Brand Inspector from the District where the permit was issued, via phone, fax or in electronic or written form, prior to moving any livestock on the permit for the purposes as stated in section 5(c). After notification, the Brand Inspection District Supervisor may require in writing that no person shall move animals under an In-State Range Movement Permit without prior inspection, if the Brand Inspection District Supervisor has cause to believe livestock not owned by the permit holder are intermingled with livestock owned by the permit holder.

(o) The permittee shall not ship any livestock bearing any other brands than those specified by the original permit.

(p) In applying for and accepting the permit, the permit-holder shall agree that due care will be taken to avoid including estray animals with any livestock removed from the county, and it shall be the responsibility of the permit holder that any estrays removed from their home range will be returned to the rightful owners. The permit holder shall be responsible for any expenses incurred while returning the estray animals to their rightful owner.

(q) If a change of ownership occurs before the livestock are returned to the county of origin of the In-State Range Movement Permit, the owner shall notify a brand inspector as soon as possible for an inspection of the livestock and shall pay all fees imposed under W.S. 11-6-210 and 11-20-401.

(r) No In-State Range Movement Permit is required for livestock that qualify under W.S.11-20-211.

(s) The holder of an In-State Range Movement Permit must comply with all applicable state brand and animal health laws, rules, and orders.

(t) Failure to comply with these provisions is cause for revocation of the permit.

Section 6. Out-Of-State Accustomed Range Permit; Conditions, Qualifications.

(a) If any eligible permittee is moving livestock to an accustomed range in another state and the movement is not permissible under W.S. 11-20-211, the producer may apply to the Board for an Out-of-State Accustomed Range Permit. After a determination by the Brand Inspection District Supervisor or other designated agent of the Board that the applicant qualifies for the permit pursuant to this section, an Out-of-State Accustomed Range Permit may be issued to a producer for the movement of livestock from an accustomed range or qualified ranch in Wyoming to a noncontiguous accustomed range or qualified ranch properties in another state provided the livestock owner owns or leases a qualified ranch and meets certain criteria established herein.

(b) Each permit shall be made in triplicate. The original permit shall be given to the permittee, one (1) permit copy shall be retained by the Brand Inspection District Supervisor, and one (1) permit copy shall be forwarded and filed with the office of the agency.

(i) Pasturing, grazing, ranging or feeding the livestock; or

(ii) Other Board approved movement that is deemed necessary for normal ranch management operating conditions.

(d) Out-of-State Accustomed Range Permits under this section shall be issued only to bona fide owners of ranch lands headquartered within Wyoming or to bona fide Wyoming resident lessees of ranch lands headquartered within Wyoming or their authorized agents. A permit applicant must have moved livestock from a location in one county to a noncontiguous location in another state for at least two (2) calendar years prior to qualifying for a permit.

(e) Each permit shall be good for the calendar year in which it is issued unless revoked for cause by the agency.

(f) Each permit shall be nontransferable.

(g) It is the responsibility of the permit holder to apply to the Board for an Out-of-State Accustomed Range Permit each calendar year.

(h) Each Out-of-State Accustomed Range Permit shall specify on the permit application the species of livestock to be moved, the place of origin, and the destination of all livestock to be moved.

(i) No person shall move livestock under an Out-of-State Accustomed Range Permit unless an inspection for brands and ownership has been made by an authorized Wyoming Brand Inspector. The Permit number shall be recorded on the Brand Inspection Certificate. The permit holder shall pay all applicable fees imposed by W.S. 11-20-402 and W.S. 11-6-210.

(j) The owner of livestock moved under the permit shall attest in writing that the livestock will be returned to this state prior to a change in ownership, and if a change of ownership occurs before the livestock are returned to the home county of the Out-of-State Accustomed Range Permit, the owner shall notify a brand inspector of the numbers and types of the livestock sold and shall pay the balance due of all fees imposed under W.S. 11-6-210 and 11- 20-401.

(k) The holder of an Out-of-State Accustomed Range Permit shall comply with all applicable state brand and animal health laws, rules, and orders.

(l) Failure to comply with these provisions is cause for revocation of the permit.

Section 7. Seasonal Brand Permit; Conditions, Qualifications.

(a) Applicants shall submit a request for a seasonal brand to the Board. The Board may issue a permit after the application has been researched by the Brand Recording Unit for possible conflicts and after receiving a recommendation by a Brand Inspection District Supervisor that the seasonal brand does not conflict with a registered Wyoming Brand, or that if it does conflict, it is determined that the use of the seasonal brand does not constitute a risk of misidentification that is deemed unacceptable by the Board with cattle branded with a registered Wyoming brand.

(b) The applicant shall show proof that the out-of-state brand is currently registered either by a brand card or a brand certificate from the state or province of issue.

(c) Eligible permittees are those individuals or entities that have a legally recorded brand in another state or province and are:

(i) Pasturing or grazing calves born to cows imported for seasonal grazing purposes. Calves to be branded with a seasonal brand must be less than six months old and running at their mother's side;

(ii) Importing yearling, feeder, or stocker cattle for seasonal feeding or grazing; or

(iii) Feeding cattle consigned to a commercial feedlot.

(d) Each permit shall be made in triplicate. The original shall be given to the permittee, one (1) copy shall be retained by the Brand Inspection District Supervisor, and one (1) copy shall be forwarded and filed with the office of the agency.

(e) The seasonal permit shall specify on the permit application the approximate number of cattle to be branded, the place of origin, and the Wyoming destination of all cattle to be imported.

(f) If a permit is issued, a Brand Inspector shall examine all brand clearances on all applicable cattle prior to the use of a seasonal brand. The permit holder must also notify a Brand Inspector prior to branding the cattle, and the inspector may, at his or her discretion, examine the cattle during the branding. The cattle to be branded must not be mixed with other cattle prior to branding. The permit holder shall show the Seasonal Brand Permit to the brand inspector at the time of brand inspection. The permit holder shall provide proof of ownership of the cattle and pay all necessary brand inspection fees as prescribed by law.

(g) The seasonal brand may only be applied in the geographical location specified on the permit.

(h) Each permit shall be good for one-hundred eighty (180) days in the calendar year in which it is issued unless revoked for cause by the agency.

(i) Each permit shall be nontransferable.

(j) The permit holder is responsible to apply to the Board for a seasonal brand each calendar year. Applications must be received at least ninety (90) days prior to the intended use of the permit. Applications shall be researched for eligibility each year.

(k) A copy of the permit shall be in the possession of the person in charge of any cattle branded with the seasonal brand being transported, trailed, or driven, and shall be shown upon request to any person authorized to enforce the brand inspection laws.

(l) The permit holder shall comply with all applicable state brand laws, rules, and orders.

(m) Failure to comply with these provisions is cause for revocation of the permit.

Section 8: Fees.

(a) The fee for an In-State Range Movement Permit shall be in accordance with W.S. 11- 20-402(a)(x) and Wyoming Livestock Board Chapter 9 rules. Any applicable Predatory Animal Control fees under W.S. 11-6-210 shall also be paid.

(b) The fee for an Out-of-State Accustomed Range Permit shall be in accordance with W.S. 11-20-402(a)(viii) and Wyoming Livestock Board Chapter 9 rules. Any applicable Predatory Animal Control Fees under W.S. 11-6-210 shall be also paid by the livestock owner prior to leaving the state. All livestock present in this state thirty (30) days or more shall pay the full fee imposed pursuant to W.S. 11-6-210.

(c.) The fee for issuing a Seasonal Brand permit shall be in accordance with W.S. 11-20- 125,W.S. 11-20-103 and Wyoming Livestock Board Chapter 9 rules. Any applicable Predatory Animal Control Fees under W.S. 11-6-210 shall also be paid.

Section 9. Denial, Suspension Revocation or Requalification of a Permit.

(a) If the Agency Director determines that the public health, safety, or welfare requires emergency action against the permit holder, the permit may immediately be revoked or suspended.

(b) The Board shall investigate any allegation of violation of the terms of a permit if:

(i) A Brand Inspection District Supervisor or Law Enforcement Investigator reports a suspected violation, or;

(ii) Written complaints are received from three (3) or more bona fide affected parties.

(c) If a board investigation is pending regarding an allegation of a permit violation, no livestock may be moved on an In-State Range Movement Permit without a prior brand inspection, pursuant to Section 5(l) of these rules and no action will be taken on any new permit. A permit violation can include, but is not limited to, documentable evidence that the permit holder failed to comply with the provisions of the permit or has violated a brand inspection or animal health law, rule, or order.

(d) The Board may suspend or revoke an existing permit and may deny the issuance of a In-State Range Movement Permit, an Out-of-State Accustomed Range Permit and Seasonal Brand permit upon a Board finding of a violation of any of the brand inspection or animal health laws, rules, or orders. After a finding by the Board of a permit violation, the applicant will be notified by certified letter of the finding of a violation. Any Board action concerning suspension or reinstatement of a permit and any future applications for a permit by that applicant will be conducted at a Board meeting and the applicant will be notified by certified letter of any such meeting and will be afforded an opportunity to address this issue before the board.

(e) Upon Board action that leads to a first time denial, suspension, or revocation of a permit, the applicant may re-qualify for the permit under the provisions of Section 5, 6, or 7 of these rules. Permit applicants who have had their permits denied, suspended, or revoked two or more times by the Board, shall not qualify for a permit pursuant to W.S. 11-20-212, W.S. 11-20- 223, or W.S. 11-20-125 for a five year period.

History

Effective 2014-07-11

Chapter 20 Indemnity Rules

Wyo. Code R. 051.0001.20.01162013 Indemnity Rules

Chapter 20

INDEMNITY RULES

Section 1. Authority

(i) Pursuant to the authority in the Wyoming Livestock Board by virtue of W.S. 11-19-106(f), the following rules are hereby promulgated.

Section 2. Purpose

(i) These rules are adopted to outline the processes and procedures for processing claims from the ordered disposal of animals by the state veterinarian for scrapie, brucellosis and tuberculosis.

Section 3. Definitions

(a) "Board" means the Wyoming Livestock Board, state agency 051, (307) 777-7515.

(b) "Brucellosis" means an infectious disease of animals and humans caused by a bacterium, Brucella abortus.

(d) "Scrapie" means a nonfebrile, transmissible, insidious, degenerative disease affecting the central nervous system of sheep and goats and causing a spongiform encephalopathy.

(e) "Tuberculosis" means a chronic, progressive disease caused by a bacterium, Mycobacterium bovis, in cattle, bison, and other species, including humans.

Section 4. Claim process.

(a) The State Veterinarian shall ascertain that sufficient funds are available to cover the indemnity by obtaining written documentation of the account balance for the animal reimbursement program account from the State Auditor.

(b) To make a claim for state indemnity funding, the owner of the animal(s) ordered disposed by the State Veterinarian for brucellosis, tuberculosis, or scrapie must submit written application within 6 months of the date that animal(s) was/were ordered to be disposed. Application will be on a form available from the office(s) of the Board. The application must be accompanied by all necessary support documentation including:

(i) Purchase receipts if animals(s) were purchased within sixty (60) days preceding the ordered disposal;

(ii) Documentation for actual salvage values received for each animal;

(iii) Receipts for the costs of shipping or transportation and commission charges related to the disposal of the animals; and

(iv) Documented amounts of any other reimbursement monies received for the animal(s) from any source including indemnity amounts paid by the federal government.

(d) The State Veterinarian will verify the salvage values obtained for each animal for which indemnity is being claimed.

(e) The State Veterinarian shall have thirty (30) days to approve or reject a claim once all the required documentation is provided and will provide written reasons for his approval or rejection. A copy of the application form and all documentation and the State Veterinarian's decision will be presented to the State Auditor's Office, the claimant, and kept on file in the Cheyenne office per the retention schedule.

(f) If the State Veterinarian rejects a claim, a board of arbitration will be selected as directed by W.S. 11-19-106 (b). The Office of Administrative Hearings will conduct the hearing for the board of arbitration and the State Veterinarian will be represented by the Attorney General's Office and the claimant may be represented by his own attorney.

Section 5. Limitations of Indemnity Payments.

(a) In no case will the amount of monies received for salvage, reimbursements from other sources, and indemnity received from the State of Wyoming exceed the fair market value of the animal(s) for which indemnity is being sought.

(i) Transportation or shipping and commission charges are not included in the fair market value calculations, and unless otherwise reimbursed, will be added to the amount provided to the producer for livestock indemnification.

History

Effective 2013-01-16

Chapter 21 Rules Governing the Recording, Transfer, and Renewal of Livestock Brands

Wyo. Code R. 051.0001.21.06242022 § 1 Authority

(a) The following rules are promulgated pursuant to Wyoming Statutes 11-18-103(a)(v) and 11-20-115.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.21.06242022 § 2 Definitions

(a) The definitions in W.S. 11-20-101 and the following definitions apply to these rules.

(i) "Abandoned Brand" means any Delinquent Brand of record or previously recorded Brand that is not rerecorded within two years of the expiration date of the Brand.

(ii) "Active Term" means the time period between a recorded Brand's recording date and its expiration date, or if it has been rerecorded, the time period between its most recent rerecording date and its expiration date.

(iii) "Brand Owner" means a Person, as defined in W.S. 11-1-101(a)(v), who owns a legally recorded Wyoming Livestock Brand.

(iv) "Conflict" means a Brand that, in the opinion of the Board Director, is the same as, can be confused with, or misidentified with another recorded Brand.

(v) "Conflict List" means a list of letters, numbers, characters, or Brand Symbols maintained by the Board to assist in identifying Conflicts in Brand Applications.

(vi) "Delinquent Brand" means a previously recorded Brand that was not renewed within 60 days from the expiration date of the Brand and is not yet an Abandoned Brand.

(vii) "Person" has the meaning set forth in W.S. 11-1-101(a)(v).

(viii) "Renewal" means the process used to rerecord a Brand prior to or within 60 days after its expiration date as established by these rules.

(ix) "Renewal Notice" means the letter sent to the Brand Owner stating the Renewal Period, specified fee, and any other information needed to rerecord a Brand.

(x) "Renewal Period" means the time period between a Brand Owner's receipt of a Renewal Notice and the 60th day after the Brand's expiration date.

(xi) "Symbol" means a bar, dot, slash, wave, quarter circle, plus, cross sign, heart, diamond, box, three quarter box, triangle, arrow, spear, brace, bracket, mill iron, yoke, moon, crown, shield, or miscellaneous image.

(xii) "Transfer" means the transfer of an ownership interest in a recorded Brand by sale, assignment, transfer, devise, or descent.

(b) The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.21.06242022 § 3 Brand Recording, Change of Location, and Transfer Requirements and Processes

(a) To apply to record a Brand, a Person must submit a complete Brand application and the applicable fees.

(b) Board employees will process Brand applications in the order in which they are received and will not postpone processing an application.

(c) The Board will not approve a Brand application for a single number, letter, character, or Symbol except for those Symbols that qualify as a miscellaneous image.

(d) The Board will only accept a Brand application that specifies one of the following locations:

(i) For cattle, the left shoulder, left hip, left rib, right shoulder, right rib, or right hip.

(ii) For horses, the left jaw, left shoulder, left hip, left buttocks, right jaw, right shoulder, right hip, or right buttocks. Hip and thigh are considered the same location.

(iii) For sheep, the left shoulder, left hip, right shoulder, or right hip.

(iv) For bison, the left shoulder, left hip, left rib, right shoulder, right rib, or right hip.

(e) Board employees will conduct Conflict research on all applications for a new Brand using a Conflict List approved by the Board's Director or his designee. Board employees will conduct Conflict research for Brands in the location applied for and in adjoining locations.

(f) To apply to use a recorded Brand on an additional species, a Brand Owner must submit a complete Brand application and the applicable fees.

(g) An application for a change of location is a type of Brand application and not a Renewal.

(h) The requested change of location can only be for a location adjoining the Brand's current location. If it is not, the Board will notify the applicant that it cannot approve the request and that he or she can resubmit it as an application for a new Brand. If an adjoining location is not available due to a Conflict, the Board cannot approve the request and will notify the applicant. If an adjoining location is available, the Brand Owner must submit a complete change of location form.

(i) If a Brand Owner has a Brand that was previously recorded in a location or manner that does not comply with these rules, the Board will rerecord the Brand as it was previously recorded as long as it is rerecorded during its Renewal Period or in accordance with Section 8.

(j) Any Person applying to Transfer a Brand must complete and submit to the Board the applicable form, which is available from the Board, the applicable fees, and any documents the Board may require to establish the authority to Transfer the Brand and the validity of the Transfer. The name of the seller or transferor on the form or bill of sale must exactly match the name of the Brand Owner as currently recorded by the Board.

(k) The Board must record the document Transferring the Brand before the applicant can use the Brand.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.21.06242022 § 4 Renewal Schedule and Method

(a) Brand Owners must renew all of their Brands as outlined in these rules.

(b) To renew a Brand, a Brand Owner must submit to the Board a completed Renewal Notice and the applicable fees during the Brand's Renewal Period. If the Brand is not renewed during the Brand's Renewal Period, it will become a Delinquent Brand.

(c) The Renewal schedule for all Brands is based on the Brand's expiration date. Each Brand's expiration date is staggered in intervals of two years based on the Brand's original recording date. Unless otherwise provided in these rules, the expiration date for all Brands is as follows:

(i) For Brands originally recorded in years ending in "5" and "6," December 31, 2006, then December 31, 2016, then December 31, 2026, and so on.

(ii) For Brands originally recorded in years ending in "7" and "8," December 31, 2008, then December 31, 2018, then December 31, 2028, and so on.

(iii) For Brands originally recorded in years ending in "9" and "0," December 31, 2010, then December 31, 2020, then December 31, 2030, and so on.

(iv) For Brands originally recorded in years ending in "1" and "2," December 31, 2012, then December 31, 2022, then December 31, 2032, and so on.

(v) For Brands originally recorded in years ending in "3" and "4," December 31, 2014, then December 31, 2024, then December 31, 2034, and so on.

(d) The Board will place newly recorded Brands in the Renewal schedule that corresponds with the last number of the Brand's recording date as established by this Section. A Transfer does not affect the Brand's expiration date.

(e) If a Brand Owner submits a check that does not have sufficient funds, the Board must receive funds to cover the Renewal fee on or before the 60th day after the expiration date of the Brand Owner's Brand or the Brand will become a Delinquent Brand.

(f) The Board is not responsible for the return of a Renewal Notice due to an incorrect address that causes a Brand to become a Delinquent Brand or Abandoned Brand. It is the sole responsibility of the Brand Owner to inform the Board of any changes in address and to keep all Brand record information current.

(g) To change a Delinquent Brand to active status, the Brand Owner must submit to the Board a completed Delinquent Brand application, the Delinquent Fee, and the applicable Renewal fees within two years from the Delinquent Brand's expiration date. If a Brand Owner fails to do so, the Delinquent Brand becomes an Abandoned Brand.

(h) The Board cannot renew more than one of a Brand Owner's Brands at the same time unless the expiration dates are the same on all of the Brands or the Brand's Active Term has been modified in accordance with Section 8. All other Brands can only be renewed during their respective Renewal Periods as established by the Renewal schedule in this Section.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.21.06242022 § 5 Extending a Brand's Active Term

(a) A Brand Owner may extend a Brand's Active Term in 10 year increments, not to exceed 100 years, by completing the applicable Board forms and paying the applicable fees if the Brand Owner does so:

(i) During the Brand's Renewal Period; or

(ii) While the Brand is a Delinquent Brand.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.21.06242022 § 6 Reissuing of Abandoned Brands

(a) Any Person may apply to use an Abandoned Brand. Except as provided in this Section, the Board will treat applications for Abandoned Brands as an application for a new Brand in accordance with the provisions of W.S. 11-20-103 through -104 and Section 3.

(b) The Board will not reissue Abandoned Brands with Brand Symbols on two or more locations for the same species.

(d) Board employees applying for an Abandoned Brand must submit the application for approval by the Board Director before it can be processed.

(e) The application for an Abandoned Brand must exactly match the location in the Board's records for that Abandoned Brand. If an Abandoned Brand was previously recorded for use on more than one species, an applicant may apply to have that Abandoned Brand recorded for use on fewer species than was previously recorded.

(f) If reissued, an Abandoned Brand's identification number will remain the same and its expiration date will be based on its original recording date and determined in accordance with Section 4.

(g) The Board will consider only one Abandoned Brand per application.

(h) The Board will not research an Abandoned Brand until it receives a completed application and the applicable fees. The Board will not research an Abandoned Brand application in response to a verbal request.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.21.06242022 § 7 Types of Ownership

(a) Any Person applying to record a new Brand, to Transfer a Brand, or to reissue an Abandoned Brand must specify the ownership type on the application and provide any necessary documents to the Board. The different ownership types and some of the necessary documents for each ownership type are as follows:

(i) Individual.

(ii) Tenants in common, which is without right-of-survivorship.

(iii) Tenancy by the entirety, which is for Persons who are legally married pursuant to the laws of Wyoming.

(iv) Joint tenants with rights-of-survivorship.

(v) Partnership, other than a limited partnership or registered limited liability partnership. The applicant must list on the application all partners and agents authorized to act on behalf of the partnership.

(vi) Limited liability company (LLC), corporation, limited partnership, registered limited liability partnership, or other entity recognized by Wyoming law. The necessary documents include:

(A) Articles of organization, articles of incorporation, or any other document that must be filed to form the entity;

(B) Documents showing that the entity is in good standing with the Wyoming Secretary of State; and

(C) The names of all Persons authorized to act on behalf of the entity and documentation demonstrating the legal authority of those Persons to act on behalf of the entity.

(vii) Trust. The Person applying to record or Transfer a Brand for a trust must provide the Board with a copy of the trust instrument or a certification or affidavit of trust in accordance with W.S. 4-10-1014 that contains the information specified in W.S. 4-10-1014.

History

Effective 2022-06-24

Wyo. Code R. 051.0001.21.06242022 § 8 Modifying a Brand's Active Term

(a) Pursuant to W.S. 11-20-115(d), a Brand Owner may modify a Brand's Active Term to coincide with the Active Term of all of the Brand Owner's Brands provided that:

(i) All affected Brands must have the same Brand Owner and the exact same ownership type;

(ii) The Brand Owner has received a Renewal Notice for at least one of the affected Brands or at least one of them is a Delinquent Brand;

(iii) The Brand Owner completes and submits the applicable Board-provided forms to modify a Brand's Active Term; and

(iv) The Board receives all applicable fees for Renewal and for modifying a Brand's Active Term, which, for any Brand that will have a modified Active Term, the Board will prorate the fee from the Brand's existing expiration date to its modified expiration date.

(b) Modifying the Active Term of a Brand can only be done with another Brand's upcoming, not past, expiration date.

(c) Once a Brand has a modified Active Term with a new expiration date, it cannot be changed back to its initial expiration date.

History

Effective 2022-06-24

Chapter 23 Veterinary Loan Repayment Rules

Wyo. Code R. 051.0001.23.05122015 Veterinary Loan Repayment Rules

Chapter 23

Wyoming Livestock Board Rules Veterinary Loan Repayment Rules

Section 1. Authority

(i) Pursuant to W.S. 11-18-119(b), these rules are promulgated by the Wyoming Livestock Board, in consultation with the Wyoming Veterinary Medical Association and the Wyoming Board of Veterinary Medicine.

Section 2. Purpose and Applicability

(i) These rules implement and describe generally the Veterinary Loan Repayment Program ("Program") (W.S. 11-18-119).

Section 3. Severability

(i) If any portion of these rules is found to be invalid or unenforceable, the remainder shall continue in effect.

Section 4. Definitions

(a) "Application" means a completed application for a Loan Repayment Grant submitted to the Board.

(b) "Approved Area" means a geographic area or a community in Wyoming which is underserved and in need of Food Animal Veterinary Services. Approved Areas are developed by the Board after it has assessed the Food Animal Veterinary Service needs of the state by geographic area in consultation with the Wyoming Board of Veterinary Medicine and the Wyoming Veterinary Medical Association. The Board shall create a list of Approved Areas. The Board may designate any or all areas of the state as an Approved Area. A copy of the list of Approved Areas may be requested by contacting the Board's office in Cheyenne.

(d) "Contract Agreement" means a legally enforceable contract between the Board, the Grantee, and the Sponsor, which describes their responsibilities and duties. A sample Contract Agreement may be requested by contacting the Board's office in Cheyenne.

(e) "Educational Expenses" mean the total Outstanding Educational Loans the Applicant or Grantee has acquired as a direct result of undergraduate or postgraduate educational training directly related to providing Food Animal Veterinary Services.

(f) "Food Animal" means cattle, sheep, swine, or goats.

(g) "Food Animal Veterinary Services" means the provision of veterinary services for food animals including, but not limited to, herd health, disease diagnosis, prevention and treatment, and obstetrics.

(h) "Grantee" means an Applicant that has been selected by the Board to receive a Loan Repayment Grant pursuant to W.S. 11-18-119.

(i) "Loan Repayment Grant" means a grant of funds awarded by the Board that must be used by a Grantee to pay his Educational Expenses in exchange for performing Food Animal Veterinary Services in an Approved Area for a minimum of three (3) years. Seventy five percent (75%) of the Loan Repayment Grant shall be paid by the Board in accordance with the Program requirements and twenty five percent (25%) of the Loan Repayment Grant shall be paid with matching funds provided by a Sponsor.

(j) "Outstanding Educational Loans" mean an outstanding educational loan made by a bank, credit union, savings and loan association, insurance company, school, or credit institution, or a government loan made by a federal, state, county, or city agency that was accepted by an Applicant or Grantee to pay for his undergraduate or postgraduate educational training directly related to providing Food Animal Veterinary Services.

(k) "Sponsor" means any city, county, veterinary clinic, animal care facility, state agency, university, laboratory, veterinary association, or combination thereof that provides twenty five percent (25%) matching funds for a Grantee's Loan Repayment Grant.

(l) "Veterinarian" means an individual who has graduated from a school of veterinary medicine and who is licensed to practice in the State of Wyoming.

Section 5. Veterinary Loan Repayment Grant-Generally

(a) The Board may provide a Loan Repayment Grant to pay up to one hundred percent (100%) of a Grantee's Educational Expenses in exchange for the Grantee performing Food Animal Veterinary Services for a minimum of three (3) years in an Approved Area. No credit shall be provided for any years in which the Grantee performed Food Animal Veterinary Services in an Approved Area prior to being selected as a Grantee and executing a Contract Agreement with the Board.

(b) In no event shall the Board provide a Loan Repayment Grant to a Grantee in excess of thirty thousand dollars ($30,000.00) per year including twenty five percent (25%) matching funds.

(c) No state monies shall be expended for a Loan Repayment Grant unless twenty five percent (25%) of the Loan Repayment Grant is matched by money from a Sponsor.

(d) The Board shall only disburse Loan Repayment Grant monies directly to the Grantee. The Grantee shall then use the entire Loan Repayment Grant to repay his Educational Expenses. If the Grantee fails to use any portion of the Loan Repayment Grant to repay his Educational Expenses, or the Grantee uses any portion of the Loan Repayment Grant for other purposes, then the Contract Agreement may be terminated by the Board and the Grantee shall repay to the Board the entire amount of the disbursed Loan Repayment Grant. The Grantee shall also pay and reimburse all costs and expenses incurred in the collection of the disbursed Loan Repayment Grant monies, including attorneys' fees.

(e) The Contract Agreement shall specify how the Loan Repayment Grant will be disbursed to the Grantee throughout each year.

(f) The Board shall not begin disbursing any portion of the Loan Repayment Grant until six (6) months after the Grantee, the Board, and the Sponsor have entered into a Contract Agreement, the twenty five percent (25%) cash match has been deposited with the Board, and the Grantee has performed Food Animal Veterinary Services for at least six (6) months in an Approved Area designated by the Board.

Section 6. Application Process/Eligibility

(a) The Applicant shall apply for a Loan Repayment Grant by completing an application which has been approved by the Board. An application may be requested by contacting the Board's office in Cheyenne. The application shall be filed with the Board's office in Cheyenne.

(b) The Applicant must be a United States citizen or permanent resident.

(c) The Applicant shall supply all supporting documentation required by the Board as part of the application process including, but not limited to, all information documenting his Educational Expenses.

(d) At the time of the application, the Applicant must agree to perform Food Animal Veterinary Services in an Approved Area for a minimum of three (3) years.

(e) An Applicant who is in default of his loan repayment obligations at the time of filing his application with the Board is ineligible to receive a Loan Repayment Grant.

(f) At the time of filing his application, the Applicant must identify the Sponsor or Sponsors who have committed to provide required matching funds.

Section 7. Grantee Selection Process

(a) The Board shall select Grantees based on the following criteria:

(i) The severity of the Food Animal Veterinary Services shortage in the Approved Area where the Applicant agrees to perform Food Animal Veterinary Services;

(ii) The total percentage of Food Animal Veterinary Services the Applicant performs or will perform in the Approved Area;

(iii) The Educational Expenses of the Applicant; and

(iv) Whether the Applicant has a commitment from a Sponsor or Sponsors who will provide the twenty five percent (25%) matching funds. It is the sole responsibility of the Applicant to get a commitment from a Sponsor to provide the matching funds.

(b) The Board may give priority, when practicable, to Applicants who attended the University of Wyoming or a Wyoming community college.

(d) The total amount of the Loan Repayment Grant is at the sole discretion of the Board contingent on available funding, but shall never exceed thirty thousand dollars ($30,000.00) per year.

(e) Following the Grantee selection process, the Grantee and Sponsor will be required to execute a Contract Agreement with the Board which describes the parties' responsibilities and duties. If the Sponsor or Grantee breaches any provision of the Contract Agreement, the Board may terminate the Contract Agreement and seek all remedies available to it.

Section 8. Loan Repayment Grant Administration

(a) A Grantee or Sponsor shall provide information required by the Board to administer the Program.

(b) The Loan Repayment Grant shall be administrated through the fiscal office of the Board.

(d) There must be a twenty five percent (25%) cash match of the annual Loan Repayment Grant awarded to a Grantee deposited with the Board before the Board may disburse the annual Loan Repayment Grant to a Grantee. For example, if the Board awards an annual Loan Repayment Grant of ten thousand dollars ($10,000.00) to a Grantee, it is required that matching funds in the amount of two thousand five hundred dollars ($2,500.00) be deposited with the fiscal office of the Board. In this example, the Board is only responsible for seven thousand five hundred dollars ($7,500.00), with the remaining two thousand five hundred dollars ($2,500.00) of the Loan Repayment Grant provided by the Sponsor as matching funds.

(e) Matching funds are the sole responsibility of the Grantee and the Sponsor. Further, it is the sole responsibility of the Grantee and the Sponsor to ensure that the twenty five percent (25%) matching funds are deposited with the Board each year prior to Annual Loan Repayment Grant disbursement to the Grantee. The Board's fiscal officer shall annually invoice the Sponsor for the amount of the required Sponsor matching funds.

Section 9. Service Obligation Breach

(a) A Grantee who fails to complete the Food Animal Veterinary Service obligations as stated in the Contract Agreement shall:

(i) Repay the total amount of the disbursed Loan Repayment Grant according to a schedule established by the Contract Agreement; and

(ii) Pay all costs and expenses incurred in collection of the disbursed Loan Repayment Grant, including attorneys' fees.

(b) The Board may waive, in full or in part, its right to repayment if the Board determines that the Grantee's breach of the Contract Agreement, or failure to comply with any term of the Contract Agreement, was due to circumstances beyond the Grantee's control.

Section 10. Release of Recipient from Service Obligation

(a) The Board may cancel or release, in full or in part, a Grantee from his obligation if:

(i) The Grantee becomes disabled to a degree that prevents the practice of Food Animal Veterinary Services; or

(ii) The Grantee dies.

Section 11. Reporting Requirements

(i) Upon request by the Board, a Grantee shall provide to the Board any and all information regarding the volume/quantity of Food Animal Veterinary Services performed by the Grantee as required by the Contractual Agreement.

Section 12. Licensure and Accreditation Requirements

(a) The Grantee shall maintain a current and valid license to practice veterinary medicine in the State of Wyoming during the term of the Contract Agreement.

(b) The Grantee shall maintain veterinary accreditation with the United States Department of Agriculture Animal and Plant Health Inspection Services during the term of the Contract Agreement.

History

Effective 2015-05-12

Chapter 24 Livestock Law Enforcement Account

Wyo. Code R. 051.0001.24.02062020 Livestock Law Enforcement Account

Chapter 24

Livestock Law Enforcement Account Rules

Section 1. Authority. These rules are written in accordance with the authority provided in Wyoming Statutes 11-18-103(a)(x) and 11-18-120.

Section 2. Definitions Used in Rules.

(a) "Account" means the Livestock Law Enforcement Account created by W.S. 11-18-120.

(b) "Annual Claim Period" means the period between July 1 and March 31 of each fiscal year during which a county sheriff may incur eligible expenses for which it may file a claim with the Board for possible reimbursement from the Account.

(d) "Executive Director" means the director of the Board or his designee.

(e) "Investigation" means an investigation into a potential, suspected, alleged, or known violation of Wyoming's livestock laws as listed in W.S. 7-2-101(a)(iv)(E).

(f) "Training" or "Training Program" means training provided by the Board to enhance the abilities of county sheriffs to enforce the laws pertaining to livestock throughout Wyoming.

Section 3. Livestock Law Enforcement Account Uses.

(a) The Board may establish accounting and purchasing procedures for Account administration.

(b) The Board may expend funds from the Account to cover the Board's expenses associated with providing Training to county sheriffs, including:

(i) The cost of renting livestock and equipment;

(ii) The cost of renting a facility or venue;

(iii) Expenses for materials and supplies; and

(iv) Expenses for travel, lodging, meals, honoraria, or fees for trainers with expertise in livestock law enforcement that are not Board employees.

(d) The Board reserves the right to prorate approved claims when there are insufficient funds in the Account to cover all approved claims.

Section 4. Expenses Eligible for Reimbursement.

(a) Investigation expenses that are eligible for reimbursement include:

(i) Expenses for laboratory testing of evidence gathered during an Investigation;

(ii) Expenses for maintaining the chain of custody for evidence gathered during an Investigation;

(iii) Travel, lodging, and per diem expenses for Investigations by county sheriff employees;

(iv) Travel, lodging, and per diem expenses for court appearances by county sheriff employees called to testify in a case arising from an Investigation;

(v) Expenses for activities relating to an Investigation specified in a mutual aid memorandum of understanding entered into between the Board and a county sheriff; and

(vi) Expenses for recovery of missing livestock.

(b) The rate for reimbursement of travel, lodging, and per diem expenses will be at the rate authorized by the Governor of the state of Wyoming as of May 1 of each fiscal year; however, the Board cannot guarantee full reimbursement at that rate for every submitted claim containing eligible expenses for travel, lodging, and per diem. If a county sheriff has entered into a mutual aid memorandum of understanding as provided in Section 5 of these rules with the Board, the rates in that memorandum will apply.

(c) The Board will consider expenses for damage to county sheriff property directly related to Investigations on a case-by-case basis.

(d) The types of Training expenses that are eligible for reimbursement are limited to expenses for travel, lodging, and per diem for attendance at a Training Program.

(e) County payment of expenses eligible for reimbursement from the Account does not guarantee reimbursement by the Board. A county sheriff must show that each expense claimed is reasonable.

Section 5. Mutual Aid Memoranda of Understanding.

(a) The Board may enter into a mutual aid memorandum of understanding (MOU) with a county sheriff to obtain additional Investigation support and targeted livestock law enforcement in a specified geographic area based upon an open Investigation in that geographic area. If the Board enters into an MOU, the MOU will specify the rate(s) of reimbursement for the county sheriff's provision of additional Investigation support and targeted livestock law enforcement by deputies using county sheriff's vehicles.

(b) Each MOU will specify the following:

(i) The term of the MOU;

(ii) The maximum possible reimbursable amount for activities performed pursuant to the MOU; and

(iii) The hourly rate for reimbursement of a deputy's time actually spent performing activities pursuant to the MOU.

Section 6. Expenses Not Eligible for Reimbursement.

(a) Expenses not eligible for reimbursement from the Account include:

(i) Expenses not directly incurred from or related to Investigations;

(ii) Expenses to recover property other than livestock;

(iii) Expenses for normal wear and tear to or routine maintenance of equipment or property; and

(iv) Expenses for damage to equipment or property unless approved by the Board on a case-by-case basis as provided in Section 4(c).

(b) The list in subsection (a) is not exhaustive. The Board reserves the right to deny reimbursement for any expense that it determines does not meet the intent of W.S. 11-18-120 or these rules.

(c) The Board will not approve claims to reimburse county sheriffs for any salary or benefits normally paid to their employees; however, if a county sheriff enters into an MOU with the Board as provided in Section 5, a deputy sheriff's on-duty overtime will be eligible for reimbursement.

Section 7. Reimbursement Procedures.

(a) Any county sheriff in Wyoming may make a claim for reimbursement for eligible expenses directly incurred from Investigation activities or attendance at Training Programs. The Board will not consider any claim submitted by a governmental entity other than a Wyoming county sheriff.

(b) When making a claim for reimbursement from the Account, a county sheriff must comply with the procedures in this section. Under exceptional circumstances, the Board may consider on a case-by-case basis claims that only substantially comply with the procedures in this section.

(c) A county sheriff must submit a Livestock Law Enforcement Investigation Report (Report) on the Board-provided form to the Board within seven (7) days of the start date of the Investigation. A county sheriff must submit a Report by email or fax to the following: Fax: 307-777-6561; email: wlsb-leo.reimbursement@wyo.gov

(d) A county sheriff may submit a claim for each Investigation for which it has submitted a Report.

(e) A county sheriff must submit each claim on the most current version of the applicable Board-provided forms.

(f) A county sheriff must support each claim with sufficient documentation and narrative explanation to connect each documented, eligible expense to the Investigation.

(g) Unless otherwise provided in these rules, the Board will only consider claims that are based on Investigations or attendance at Training Programs that occurred during the Annual Claim Period.

(h) A county sheriff must submit all claims for each Annual Claim Period to the Executive Director on or before May 1 of each year via mail, email, or fax to the Board's mailing address, email address, or fax number listed in these rules. The Board's mailing address is 1934 Wyott Drive, Cheyenne, Wyoming 82002-0051. Each county sheriff must submit all claims for each Annual Claim Period at the same time unless a county sheriff receives written approval from the Executive Director to submit one or more claims at a different time.

(i) A county sheriff seeking reimbursement for property damage or losses must specify the damage or losses on Board Form 3.

(j) To be eligible for reimbursement, expenses documented by receipts provided by vendors to a county sheriff must be itemized. The Board will not consider expenses based on receipts for miscellaneous or generic expenses.

(k) The Board will consider and either approve or deny all timely submitted claims for the prior Annual Claim Period on or before May 31 of each year.

Section 8. Reconsideration of Denied Expenses.

(a) A county sheriff may make a request for reconsideration of any expense denied by the Board. A county sheriff must submit the request for reconsideration in writing along with any documentation supporting the request to the Board on or before June 15 of the year that the Board denied that expense.

(b) The Board will consider and vote on the request for reconsideration on or before June 30.

(c) After the Board votes on the request for reconsideration, the Executive Director will compile the results, document the decision, and send the decision to the applicant within thirty (30) days of the Board's decision on the request for reconsideration.

(d) Decisions on requests for reconsideration are final.

History

Effective 2020-02-06

Chapter 25 Brucellosis Quarantine Mitigation Expense Reimbursement

Wyo. Code R. 051.0001.25.08112023 § 1 Authority to Create Rules

The following rules are promulgated pursuant to Wyoming Statutes §§ 11-19-103(k) and 11-19-118(e).

History

Effective 2023-08-11

Wyo. Code R. 051.0001.25.08112023 § 2 Definitions Used in Rules

(a) "Affected Herd Management Plan" means a written document jointly approved and signed by the Wyoming State Veterinarian, USDA APHIS VS AVIC, and the affected Herd owner or manager, outlining the practices the affected Herd owner or manager will implement to eliminate Brucellosis infection from the Herd and that incorporates the requirements for the release of a Quarantine.

(b) "Brucellosis" means an infectious disease of animals and humans caused by Brucella abortus.

(c) "Mitigation Efforts" means the management efforts a herd owner or manager must take to minimize the risk of Brucellosis spreading from an affected herd while that herd is under state Quarantine and an Affected Herd Management Plan.

(d) "Qualified Expenses" means expenses that a herd owner incurs while the herd owner's herd is under Quarantine and an Affected Herd Management Plan and that would not otherwise be incurred during the course of normal herd management.

(e) "Quarantine" means an official document issued by the State Veterinarian or his authorized representative that restricts the movement of specific Bovinae affected with or exposed to Brucellosis and that sets forth the requirements for Quarantine release.

History

Effective 2023-08-11

Wyo. Code R. 051.0001.25.08112023 § 3 Claim Process

(a) To make a claim for reimbursement of Qualified Expenses, the owner of the Quarantined herd must complete and submit the Board's application form to the Board's office at any time during the Quarantine or within 30 days after release from Quarantine for reimbursement of Qualified Expenses.

(b) A herd owner may file only one claim per Quarantine.

(i) Receipts for Qualified Expenses for Mitigation Efforts;

(ii) A description of actual Mitigation Efforts conducted;

(iii) Receipts for the costs of shipping or transportation specifically required to comply with the Quarantine;

(iv) Receipts for mileage expenses charged to the herd owner by an accredited veterinarian for tests conducted as part of the Affected Herd Management Plan;

(v) Verification of loss due to injury of cattle during required testing;

(vi) Receipts for extra labor and food provision for testing crews; and

(vii) Documentation of previous management history.

(d) The State Veterinarian will consider claims on a first-filed, first-served basis.

(e) The State Veterinarian will verify that the applicant is in compliance with all state and federal animal health and brand inspection rules and conditions outlined in the Quarantine and the Affected Herd Management Plan. Only herd owners who are in compliance are qualified to receive reimbursement.

(f) The State Veterinarian and the Board's Director will determine whether each expense listed on the application form is a Qualified Expense and whether each expense is supported by the required documentation. If they cannot agree, the State Veterinarian will ask the Board to make a determination on the disputed expense.

(g) The State Veterinarian will approve, partially approve, or reject a claim within 30 days of receiving all of the required documentation and will provide written reasons for his decision. However, if the State Veterinarian asks the Board to make a determination on a disputed expense, he shall approve, partially approve, or reject the claim within 30 days of the Board's determination. A copy of the application form and all documentation and the State Veterinarian's decision will be presented to the State Auditor's Office and the claimant and kept on file in the Board's Cheyenne office in accordance with the Board's retention schedule.

(h) A herd owner may appeal the State Veterinarian's decision on his claim to the Board in accordance with W.S. § 11-19-103(g).

History

Effective 2023-08-11

203 State Veterinarian

Chapter 1 Rabies Prevention and Post Exposure Management Rules

Wyo. Code R. 051.0003.1.05122015 Rabies Prevention and Post Exposure Management Rules

Wyoming State Veterinarian's Rabies Prevention and Post Exposure Management Rules

CHAPTER 1

Section 1. Authority to Create Rules.

(a) Pursuant to the authority vested in the Wyoming State Veterinarian by virtue of W.S.§11-19-103, the following Rules are hereby promulgated.

Section 2. Purpose of Rules.

(a) The Wyoming State Veterinarian has determined that Rabies may occasionally exist in domestic animals in Wyoming, and that there is a wildlife reservoir of the disease in the state. Rabies is an infectious and contagious disease among domestic animals and certain wild animal species. The purpose of these Rules is to protect the public health, domestic animals, and their owners by establishing procedures for the Post Exposure management of Rabies through coordinated efforts between the Wyoming Department of Health and Wyoming State Veterinarian. These rules are necessary to prevent the spread of Rabies in Wyoming.

Section 3. Severability.

(a) If any portion of these rules is found to be invalid or unenforceable, the remainder of the rules shall continue in effect.

Section 4. Definitions.

(a) For the purposes of implementing these Rules, the following definitions apply:

(i) "Accredited Veterinarian" means an individual who is licensed to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal Plant and Health Inspection Service in the state where he or she practices.

(ii) "Board" means the Wyoming Livestock Board, state agency 051, whose address is 1934 Wyott Drive, Cheyenne, WY 82002-0051, (307) 777-7515.

(iii) "Canine" means a domesticated carnivorous mammal of the genus Canis .

(iv) "Euthanized" means the humane ending of an animal life by, or under the direction of, a Licensed Veterinarian without physically damaging the brain.

(v) "Expose" means contact where there is potential for Rabies transmission. This occurs anytime there is reasonable possibility of transmission of Rabies from an animal that may have Rabies as determined by public health authorities. Transmission may occur when saliva or nervous tissue is introduced into bite wounds, open cuts in skin, or into mucous membranes.

(vi) "Feline" means a domesticated carnivorous mammal of the genus Felis .

(vii) "Isolation" means placement of an animal in a cage or pen that prevents all direct contact with humans and other animals. Isolation shall be at a veterinary clinic or other facility approved by the Wyoming State Veterinarian or State Health Officer or his or her authorized designee.

(viii) "Licensed Veterinarian" means an individual who is licensed to practice veterinary medicine in the state where he or she practices.

(ix) "Mustelid" means a domesticated carnivorous mammal of the genus Mustela .

(x) "Post Exposure" means any point in time occurring after Exposure to Rabies.

(xi) "Quarantine" means an official document issued by the Wyoming State Veterinarian or his or her authorized representative that restricts the movement of specified animals and sets forth requirements regarding their testing and release. All associated Quarantine costs shall be borne by the animal owner.

(xii) "Rabies" means an acute, rhabdoviral encephalomyelitis that can affect any mammal.

(xiii) "Rabies Vaccination Certificate" means the National Association of State Public Health Veterinarians Rabies vaccination form (NASPHV Form #51) that can be obtained from vaccine manufacturers, or a computer-generated form containing the same information.

(xiv) "Vaccinated Animal" means any animal that has:

(A) Received an initial Rabies vaccine, approved by the Wyoming State Veterinarian prior to use, at least twenty-eight (28) days ago but not more than three hundred sixty-five (365) days ago according to the manufacturer's written instructions; or

(B) Received a booster Rabies vaccine, approved by the Wyoming State Veterinarian prior to use, according to the manufacturer's written instructions.

(xv) "Wyoming State Veterinarian" means an Accredited Veterinarian employed by the Board who serves as a veterinary official of the State authorized to supervise and perform the official animal health work of the State of Wyoming.

Section 5. Local Jurisdiction Rules, Regulations, and Ordinances Recognized.

(a) Nothing in these rules prohibits local jurisdictions from enacting their own rules, regulations, or ordinances. If a local jurisdiction enacts its own rules, regulations, or ordinances, those rules, regulations, or ordinances shall govern if they are consistent with these rules.

Section 6. Rabies Post Exposure Management.

(a) The management of Vaccinated Animals that have been Exposed to Rabies shall be:

(i) The animal shall be revaccinated against Rabies within forty-eight (48) hours by a Licensed Veterinarian, and

(ii) A Quarantine shall be issued by the Wyoming State Veterinarian or his or her authorized representative requiring the animal be kept under the owner's immediate control and observed for forty-five (45) days.

(A) If during the forty-five (45) days the animal shows signs of any disease, it shall be examined by a Licensed Veterinarian. If the Licensed Veterinarian determines the clinical signs are consistent with Rabies, the veterinarian shall Euthanize the animal and the brain shall be tested for Rabies at a laboratory approved by the Wyoming State Veterinarian.

(B) After forty-five (45) days, the animal shall be examined by a Licensed Veterinarian for clinical signs of Rabies.

(I) If the animal is not showing any clinical signs of Rabies, and upon consultation between the Licensed Veterinarian and the Wyoming State Veterinarian, the animal shall be released from Quarantine.

(II) If the animal is showing clinical signs of Rabies, it shall be Euthanized by a licensed veterinarian and the brain shall be tested for Rabies at a laboratory approved by the Wyoming State Veterinarian.

(b) The management of previously non-Rabies vaccinated Canines, Felines, Mustelids, or stray animals that have been Exposed to Rabies shall be:

(i) The animal shall be Euthanized immediately by a Licensed Veterinarian and the brain shall be tested for Rabies at a laboratory approved by the Wyoming State Veterinarian.

(A) If the owner of the animal is unwilling to allow the animal to be Euthanized, the following shall apply:

(I) The animal shall be Quarantined and placed in Isolation for a period of one hundred eighty (180) days.

(1.) During the period of the Quarantine and Isolation, the animal shall be checked weekly by a Licensed Veterinarian for clinical signs of Rabies.

(a.) If the animal shows clinical signs of Rabies, it shall be Euthanized by a licensed veterinarian and the brain shall be tested for Rabies at a laboratory approved by the Wyoming State Veterinarian.

(2.) All associated costs shall be borne by the owner of the animal.

(II) If after one hundred fifty (150) days the animal is not showing any clinical signs of Rabies, and upon consultation between the Licensed Veterinarian and the Wyoming State Veterinarian, preparations shall be made to release the animal from Quarantine and Isolation in thirty (30) days.

(1.) The animal shall be vaccinated for Rabies thirty (30) days prior to release.

(c) The management of previously Vaccinated Animals, with expired Rabies Vaccination Certificates, which have been Exposed to Rabies shall be:

(i) Pursuant to W.S. §11-19-101 and W.S. §11-19-103, the Wyoming State Veterinarian, in conjunction with a public health authority, shall evaluate the situation and take appropriate action based on recognized medical science. This action may include, but is not limited to, Quarantine, Isolation, Rabies vaccination or the animal being Euthanized by a licensed veterinarian.

(d) The management of other animals that have been Exposed to Rabies shall be:

(i) Pursuant to W. S. §11-19-101 and W.S. §11-19-103, the Wyoming State Veterinarian, in conjunction with a public health authority and other appropriate officials, shall evaluate the situation and take appropriate action based on recognized medical science. This action may include, but is not limited to, Quarantine, Isolation, Rabies vaccination, or the animal being Euthanized by a licensed veterinarian.

Section 7. Management of Animals That Bite or Otherwise Possibly Expose Humans to Rabies .

(a) The management of Vaccinated Animals that bite or otherwise possibly Expose humans to Rabies shall be:

(i) The animal shall be Quarantined for a minimum of ten (10) days.

(A) If after ten (10) days the animal shows no clinical signs of Rabies, a Licensed Veterinarian, in consultation with the State Veterinarian or State Health Officer, shall release the animal from the Quarantine.

(B) If during this time any signs of Rabies develop, the animal shall be Euthanized by a licensed veterinarian within twenty-four (24) hours, and the brain shall be tested for Rabies at a laboratory approved by the Wyoming State Veterinarian.

(D) All associated costs shall be borne by the owner of the animal.

(b) The management of non-Rabies vaccinated Canines, Felines, Mustelids, or stray animals that bite or otherwise possibly Expose humans to Rabies shall be as follows:

(i) The Wyoming State Veterinarian or his or her authorized representative or Designee, in conjunction with a public health authority, shall evaluate the situation including the risk to the Exposed human, and recommend one of the following courses of action:

(A) The animal shall be placed in Quarantine and Isolation and observed daily by a Licensed or Accredited Veterinarian for a minimum of ten (10) days. If during this period the animal shows clinical signs of Rabies, it shall be Euthanized by a licensed veterinarian and the brain shall be tested for Rabies at a laboratory approved by the Wyoming State Veterinarian. If after ten (10) days the animal shows no clinical signs of Rabies, the animal shall be released from the Quarantine and Isolation; or

(B) The animal shall be Euthanized within twenty-four (24) hours by a Licensed Veterinarian and the brain shall be tested for Rabies at a laboratory approved by the Wyoming State Veterinarian.

(c) The management of previously Vaccinated Animals with expired Rabies Vaccination Certificates that bite or otherwise possibly Expose humans to Rabies shall be:

(i) Pursuant to W.S. §11-19-101 and W.S. §11-19-103, the Wyoming State Veterinarian, in conjunction with a public health authority, shall evaluate the situation and take appropriate action based on recognized medical science. This action may include, but is not limited to, Quarantine, Isolation, Rabies vaccination, or the animal being Euthanized by a licensed veterinarian.

(d) The management of other animals not vaccinated for Rabies that bite or otherwise possibly Expose humans to Rabies shall be:

(i) Pursuant to W. S. §11-19-101 and W. S. §11-19-103, the Wyoming State Veterinarian, in conjunction with a public health authority and other appropriate officials, shall evaluate the situation and take appropriate action based on recognized medical science. This action may include, but is not limited to, Quarantine, Isolation, Rabies vaccination, or the animal being Euthanized by a licensed veterinarian.

History

Effective 2015-05-12