Administrative Rule Review Report  #AR08-040

Legislative Service Office

29-May-08

AGENCY: Wyoming Livestock Board.

DATE SUBMITTED: May 22, 2008.

SUBJECT: Chapter 15, Trichomoniasis.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 11-18-103(a)(v)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:

These Chapter 15 amendments were originally submitted as AR08-013.  Due to technical and compliance issues, the Agency pulled those rules.  The Agency subsequently submitted emergency rules ER08-08 and these rules.  Specifically these rules:

1)  Clarify that trichomoniasis tested bulls (Bovine) need an ear tag supplied and approved by the Agency and that this identification needs to be included on the test chart.  However, "test chart" is not defined, nor do the rules designate where the veterinarian would obtain the test record.

2)  Allow the Wyoming State Veterinary Laboratory to determine if the trichomoniasis testing is done properly and to advise the state veterinarian on the protocol for certain testing. 

3)  Requires veterinarians to recertify for trichomoniasis testing on a periodic basis, but this requirement is included in a definition, not in a substantive part of the rule.

4)  Allow the Polymerase Chain Reaction test to be an acceptable test for trichomoniasis.

5)  Clarify the age requirement to waive the trichomoniasis test for virgin bulls to be less than thirty (30) months.

FINDINGS:

The rules appear to be within the scope of statutory authority and legislative intent.

Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

Administrative Rule Review Report  #AR08-040

Legislative Service Office

29-May-2008

Page 2

STAFF RECOMMENDATION:

That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

Maxine R. Weaver

Staff Attorney

_______________________

David K. Gruver

Assistant Director

MRW/